(a) Applicability. All public water systems that use
groundwater, except public water systems that combine all of their
groundwater with surface water or with groundwater under the direct
influence of surface water prior to treatment as described in §290.111
of this title (relating to Surface Water Treatment), must comply with
one or more of the treatment techniques and corrective actions of
this section if a raw groundwater source sample collected under §290.109(d)(3)(C)(ii),
(4)(B), (C), or (E) of this title (relating to Microbial Contaminants)
was positive for fecal indicators, or if a significant deficiency
was identified, or if the system is not required to conduct raw groundwater
source monitoring because it provides at least 4-log treatment of
viruses at each groundwater source. At the discretion of the executive
director, a public water system not excluded under this subsection,
shall comply with the requirements of this section after exceeding
a treatment technique trigger as described in accordance with §290.109
of this title. A public water system shall comply with provisions
of §290.109(d)(3)(C)(ii), (4)(B), (C), or (E) of this title except
in cases where the executive director determines that the sample collected
under §290.109(d)(1) and (2) of this title meets the executive
director's criteria for invalidation as described in §290.109(e)(1)
of this title. A public water system with a groundwater under the
direct influence of surface water (GUI) or surface water/groundwater
blended source(s), which provides disinfection and filtration, shall
comply with provisions of this section except in cases where the executive
director determines that the significant deficiency is in a portion
of the distribution system that is served solely by surface water
or groundwater under the direct influence of surface water.
(1) A groundwater system must provide written notification
to the executive director that it is not required to meet the raw
groundwater source monitoring requirements under §290.109(d)(4)
of this title because it provides at least 4-log treatment of viruses
for the specified groundwater source and must begin compliance monitoring
in accordance with subsection (c) of this section. The notification
must include engineering, operational, and other information required
by the executive director to evaluate the submission. If the executive
director determines and documents in writing that 4-log treatment
of viruses is no longer necessary for a specified groundwater source
or if the system discontinues 4-log treatment of viruses before the
first connection for any groundwater source, the system must document
this in writing and conduct raw groundwater source sampling as required
under §290.109(d)(4) of this title. If the public water system
discontinues 4-log treatment it shall receive prior approval in writing
from the executive director that 4-log treatment is no longer necessary
for that groundwater source.
(2) A groundwater system that places a groundwater
source in service after November 30, 2009, that is not required to
meet the raw source monitoring requirements under §290.109(d)(4)
of this title because the system provides at least 4-log treatment
of viruses for a specified groundwater source must begin compliance
monitoring within 30 days of placing the source in service in accordance
with subsection (c) of this section. The system must provide written
notification to the executive director that it provides at least 4-log
treatment of viruses before the first connection for the specified
groundwater source. The notification must include engineering, operational,
and other information required by the executive director to evaluate
the submission. The system must conduct triggered source monitoring
under §290.109(d)(4) of this title until the executive director
provides written approval of the system's request to provide the 4-log
treatment. If the system discontinues 4-log treatment of viruses before
the first connection for a groundwater source, the system must conduct
raw groundwater source sampling as required under §290.109(d)(4)
of this title. If the public water system discontinues 4-log treatment
it shall receive prior approval in writing from the executive director
that 4-log treatment is no longer necessary for that groundwater source.
(b) Groundwater corrective action plan. All public
water systems using groundwater must submit a corrective action plan
and implement corrective action if a raw groundwater source sample
was positive for fecal indicators or if a significant deficiency was
identified.
(1) If a groundwater source sample was found to be
fecal indicator positive or if a significant deficiency was identified,
the system must consult with the executive director regarding appropriate
corrective action and have an approved corrective action plan in place
within 30 days of receiving written notification from a laboratory
of the fecal indicator positive source sample collected under §290.109(d)(4)
of this title or within 30 days of receiving written notification
from the executive director of the identification of a significant
deficiency.
(2) Within 120 days of receiving written notification
from a laboratory of the fecal indicator positive source sample or
receiving written notification from the executive director of a significant
deficiency, the system must have completed corrective action or be
in compliance with an approved corrective action plan and schedule.
(3) Any changes to the approved corrective action plan
or schedule must be approved by the executive director.
(4) The executive director may require interim measures
for the protection of public health pending approval of the corrective
action plan. The system must comply with these interim measures as
well as with any schedules specified by the executive director.
(5) Systems that are required to complete corrective
action must implement one or more of the procedures in this paragraph
and the details of the implementation must be specified in the approved
corrective action plan. If subparagraph (A) or (F) of this paragraph
is selected as part of the corrective action plan, then subparagraph
(B), (C), (D), or (E) of this paragraph must also be selected.
(A) The system may disinfect the groundwater source
where the fecal indicator positive source sample was collected following
the American Water Works Association (AWWA) standards for well disinfection
and start monthly fecal indicator sampling at that source within 30
days after well disinfection. The executive director may discontinue
the monthly source sampling requirement if corrective action is sufficient.
(B) The system may eliminate the groundwater source
that was found to be fecal indicator positive and provide an alternate
groundwater source if necessary. Eliminated groundwater sources must
be disconnected from the distribution system until the contamination
is corrected and the executive director approves it for use.
(C) The system may identify and eliminate the source
of fecal contamination followed by well disinfection according to
AWWA well disinfection standards and begin monthly fecal indicator
sampling within 30 days after well disinfection. The executive director
may allow the system to discontinue the monthly source sampling requirement
after making a determination that corrective action is sufficient.
(D) The system may provide treatment that reliably
achieves at least 4-log treatment of viruses using inactivation, removal
or an executive director-approved combination of inactivation and
removal before the first connection of the groundwater source.
(E) Correct all significant deficiencies.
(F) Assessment source monitoring for a period of 12
months or a time period specified by the executive director from the
raw groundwater source in accordance with §290.109(d)(4)(E) of
this title.
(c) Microbial inactivation and removal requirements.
A public water system that treats groundwater in response to a fecal
indicator positive source sample or significant deficiency, instead
of conducting raw groundwater source monitoring, shall meet minimum
requirements demonstrating at least 4-log treatment of viruses before
the water is distributed to the first connection of the specified
groundwater source.
(1) Monitoring requirements for chemical disinfectants.
Groundwater systems shall monitor the performance of the disinfection
facilities to ensure that appropriate disinfectant levels are maintained
every day the specified source serves the public. All monitoring conducted
pursuant to the requirements of this section must be conducted at
sites designated in the system's monitoring plan in accordance with §290.121
of this title (relating to Monitoring Plans).
(A) Groundwater systems serving a population greater
than 3,300 must continuously monitor the residual disinfectant concentration
in accordance with the analytical methods specified in 40 Code of
Federal Regulations (CFR) §141.74(a)(2) at a location approved
by the executive director and must record the lowest residual disinfectant
concentration every day the groundwater source serves the public.
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