PA CODE 25.pdf

CHAPTER 109. SAFE DRINKING WATER

Subchap. Sec.

A. GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109.1 B. MCLs, MRDLs OR TREATMENT TECHNIQUE

REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109.201 C. MONITORING REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . 109.301 D. PUBLIC NOTIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109.401 E. PERMIT REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109.501

F. DESIGN AND CONSTRUCTION STANDARDS . . . . . . . . . . . . . . . . 109.601

G. SYSTEM MANAGEMENT RESPONSIBILITIES . . . . . . . . . . . . . . . 109.701

H. LABORATORY CERTIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . 109.801

I. VARIANCES AND EXEMPTIONS ISSUED BY THE

DEPARTMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109.901

J. BOTTLED WATER AND VENDED WATER SYSTEMS,

RETAIL WATER FACILITIES AND BULK WATER HAULING

SYSTEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109.1001

K. LEAD AND COPPER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109.1101

L. LONG-TERM 2 ENHANCED SURFACE WATER

TREATMENT RULE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109.1201

M. ADDITIONAL REQUIREMENTS FOR GROUNDWATER

SOURCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109.1301

Authority

The provisions of this Chapter 109 issued under the act of April 22, 1905 (P. L. 260, No. 182) (35 P. S. §§ 711—716); sections 1918-A and 1920-A of The Administrative Code of 1929 (71 P. S.

§§ 510-18 and 510-20); and amended under the Pennsylvania Safe Drinking Water Act (35 P. S.

§§ 721.1—721.17); amended under section 4 of the Pennsylvania Safe Drinking Water Act (35 P. S.

§ 721.4); and sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. §§ 510-17 and 510-20), unless otherwise noted.

Source

The provisions of this Chapter 109 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B. 1804, unless otherwise noted.

Cross References

This chapter cited in 6 Pa. Code § 11.59 (relating to running water); 7 Pa. Code § 49.41 (relating to water supply); 7 Pa. Code § 82.7 (relating to water supply); 25 Pa. Code § 250.303 (relating to aquifer determination; current use and currently planned use of aquifer groundwater); 25 Pa. Code § 252.708 (relating to reporting and notification requirements); 25 Pa. Code § 269a.21 (relating to water supply); 25 Pa. Code § 965.1 (relating to definitions); and 28 Pa. Code § 17.122 (relating to minimum program activities).

Subchapter A. GENERAL PROVISIONS

Sec.

109.1. Definitions.

109.2. Purpose.

109.3. Scope.

109.4. General requirements.

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109.5. Organization of chapter.

109.6. Inspection authorization.

109.11—109.16. [Reserved].

109.21. [Reserved].

109.22. [Reserved].

109.31—109.36. [Reserved].

109.41—109.44. [Reserved].

109.51. [Reserved].

109.52—109.56. [Reserved].

109.61. [Reserved].

109.62. [Reserved].

109.71—109.76. [Reserved].

§ 109.1. Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

ANSI—The American National Standards Institute, Inc. of New York, New

York.

Act—The Pennsylvania Safe Drinking Water Act (35 P. S. §§ 721.1—

721.17).

Administrator—The Administrator of the EPA.

BAT—Best Available Technology—The best technology, treatment techniques or other means which the Administrator finds are available for achieving com-pliance with maximum contaminant levels. This chapter incorporates by refer-ence the BAT specified in 40 CFR Parts 141 and 142 (relating to National pri-mary drinking water regulations; and National primary drinking water regulations implementation).

Bag filter—A pressure-driven separation device that removes particulate matter larger than 1 micrometer using an engineered porous filtration media. It is typically constructed of a nonrigid, fabric filtration media housed in a pres-sure vessel in which the direction of flow is from the inside of the bag to out-side.

Bank filtration—A water treatment process that uses a well to recover sur-face water that has naturally infiltrated into groundwater through a riverbed or bank. Infiltration is typically enhanced by the hydraulic gradient imposed by a nearby pumping water supply or other well.

Bin—A category based on the level of Cryptosporidium present in source water. Four potential bins exist, 1—4. The higher the bin, the higher the con-centration of source water Cryptosporidium.

Bottled water system—A public water system which provides water for bot-tling in sealed bottles or other sealed containers. The term includes, but is not limited to, the sources of water and treatment, storage, bottling, manufacturing and distribution facilities. The term does not include a public water system which provides only a source of water supply for a bottled water system and excludes an entity providing only transportation, distribution or sale of bottled water in sealed bottles or other sealed containers.

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Bulk water hauling system—A public water system which provides water piped into a carrier vehicle and withdrawn by a similar means into the user’s storage facility or vessel. The term includes, but is not limited to, the sources of water, treatment, storage or distribution facilities. The term does not include a public water system which provides only a source of water supply for a bulk water hauling system.

CCR—Consumer Confidence Report—An annual water quality report that community water systems deliver to their customers, as described in § 109.416 (relating to CCR requirements).

CPE—Comprehensive performance evaluation—A thorough review and analysis of a treatment plant’s performance-based capabilities and associated administrative, operation and maintenance practices.

(i) The CPE is conducted to identify factors that may be adversely impacting a plant’s capability to achieve compliance and emphasizes approaches that can be implemented without significant capital improve-ments.

(ii) The CPE shall consist of at least the following components:

(A) Assessment of plant performance.

(B) Evaluation of major unit processes.

(C) Identification and prioritization of performance limiting factors.

(D) Assessment of the applicability of comprehensive technical assis-tance.

(E) Preparation of a CPE report.

CT—The product of residual disinfectant concentration (C) measured in mg/L in a representative sample of water prior to the first customer, and disin-fectant contact time (T); that is, ‘‘C’’ × ‘‘T.’’ If disinfectants are applied at more than one point prior to the first customer, the CT is determined for each disin-fectant sequence prior to the first customer to determine the total percent inac-tivation achieved by disinfection prior to the first customer. In determining the total percent inactivation, the residual disinfectant concentration of each disin-fection sequence and corresponding contact time before subsequent disinfection application points shall be determined.

Cartridge filter—A pressure-driven separation device that removes particu-late matter larger than 1 micrometer using an engineered porous filtration media. It is typically constructed as rigid or semirigid, self-supporting filter elements housed in pressure vessels in which flow is from the outside of the cartridge to the inside.

Coagulation—A process using coagulant chemicals and mixing by which colloidal and suspended material are destabilized and agglomerated into settle-able or filterable flocs, or both.

Collection—The parts of a public water system occurring prior to treatment, including source, transmission facilities and pretreatment storage facilities.

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Combined distribution system—The interconnected distribution system con-sisting of the distribution systems of wholesale systems and of the public water systems that obtain finished water from another public water system.

Community water system—A public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

Compliance cycle—A 9-year calendar year cycle during which public water suppliers shall monitor for contaminants. The first compliance cycle begins January 1, 1993, and ends December 31, 2001.

Compliance period—A 3-year calendar year period within a compliance cycle. Each compliance cycle is made up of three 3-year compliance periods.

Within the first compliance cycle, the first compliance period runs from Janu-ary 1, 1993, through December 31, 1995.

Confluent growth—Bacterial growth, with or without sheen, covering the entire membrane filter, or a portion thereof, in which bacterial colonies are not discrete.

Consecutive water system—A public water system which obtains all of its water from another public water system and resells the water to a person, pro-vides treatment to meet a primary MCL or provides drinking water to an inter-state carrier. The term does not include bottled water and bulk water systems.

Contaminant—A physical, chemical, biological or radiological substance or matter in water.

Conventional filtration—The series of processes for the purpose of substan-tial particulate removal consisting of coagulation, flocculation, clarification, and granular media filtration. The clarification step must be a solid/liquid sepa-ration process where accumulated solids are removed during this separate com-ponent of the treatment system.

Corrosion inhibitor—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.

Cross-connection—An arrangement allowing either a direct or indirect con-nection through which backflow, including backsiphonage, can occur between the drinking water in a public water system and a system containing a source or potential source of contamination, or allowing treated water to be removed from any public water system, used for any purpose or routed through any device or pipes outside the public water system, and returned to the public water system. The term does not include connections to devices totally within the control of one or more public water systems and connections between water mains.

DBP—Disinfection byproduct.

Diatomaceous earth filtration—A process for the purpose of substantial par-ticulate removal in which a precoat cake of diatomaceous earth filter media is deposited on a support membrane (septum), and while the water is filtered by

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Direct filtration—A series of processes for the purpose of substantial particu-late removal consisting of coagulation and filtration. The term normally includes flocculation after coagulation, but does not include sedimentation.

Disinfectant contact time—The time in minutes that it takes for water to move from the point of disinfectant application to the point where residual dis-infectant concentration is measured. Contact time in pipelines is calculated based on plug flow by dividing the internal volume of the pipeline by the flow rate through that pipeline. Contact time within mixing basins and storage res-ervoirs is determined by tracer studies or an equivalent demonstration. Guid-ance for making these determinations appears in the ‘‘Guidance Manual for Compliance with the Filtration and Disinfection Requirements for Public Water Systems Using Surface Water Sources’’ (U. S. EPA, Office of Drinking Water, Criteria and Standards Division).

Disinfection—A process which inactivates pathogenic organisms in water by chemical oxidants or equivalent agents, such as ultraviolet light.

Disinfection profile—The summary of daily Giardia lamblia inactivation through the treatment plant as determined through procedures and measurement methods established by this chapter.

Dual sample set—A set of two samples collected at the same time and same location, with one sample analyzed for TTHM and the other sample analyzed for HAA5. Dual sample sets are collected for the purposes of conducting an IDSE and determining compliance with the TTHM and HAA5 MCLs under Subchapter G (relating to system management responsibilities).

Enhanced coagulation—The addition of sufficient coagulant for improved removal of disinfection byproduct precusors by conventional filtration treat-ment.

Enhanced softening—The improved removal of disinfection byproduct pre-cusors by precipitative softening.

Entry point—A point acceptable to the Department at which finished water representative of each source enters the distribution system.

Environmental acts—The Clean Streams Law (35 P. S. §§ 691.1— 691.1001), the Air Pollution Control Act (35 P. S. §§ 4001—4015), the Radia-tion Protection Act (35 P. S. §§ 7110.101—7110.703), the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.1—1396.31), the Noncoal Surface Mining Conservation and Reclamation Act (52 P. S. §§ 3301—3326), section 1917-A of The Administrative Code of 1929 (71 P. S. § 510-17), the Dam Safety and Encroachment Act (32 P. S. §§ 693.1—693.27), the Solid Waste Management Act (35 P. S. §§ 6018.101—6018.1003), the Plumbing System Lead Ban and Notification Act (35 P. S. §§ 723.1—723.17) and any

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Facility—A part of a public water system used for collection, treatment, storage or distribution of drinking water.

Federal act—The Safe Drinking Water Act (42 U.S.C.A. §§ 300f—300j-10).

Federal regulations—The National Primary Drinking Water Regulations and the National Secondary Drinking Water Regulations.

Filter profile—A graphical representation of individual filter performance, based on continuous turbidity measurements or total particle counts versus time for an entire filter run, from startup to backwash inclusively, that includes an assessment of filter performance while another filter is being backwashed.

Filtration—A process for removing particulate matter from water by passage through porous media.

Finished water—Water that is introduced into the distribution system of a public water system and is intended for distribution and consumption without further treatment, except as necessary to maintain water quality in the distribu-tion system (for example, booster disinfection or addition of corrosion control chemicals).

First-draw sample—A 1-liter sample of tap water collected in accordance with § 109.1103 (relating to monitoring requirements), that has been standing in plumbing pipes at least 6 hours and is collected without flushing the tap.

Flocculation—A process to enhance agglomeration or collection of smaller floc particles into larger, more easily settleable or filterable particles through gentle stirring by hydraulic or mechanical means.

Flowing stream—A course of running water flowing in a definite channel.

GAC10—A granular activated carbon filter bed with an empty bed contact time of 10 minutes based on average daily flow and a carbon reactivation fre-quency of every 180 days, except that the reactivation frequency for GAC10 used as a BAT shall be 120 days.

GAC20—A granular activated carbon filter bed with an empty bed contact time of 20 minutes based on average daily flow and a carbon reactivation fre-quency of every 240 days.

GUDI—Groundwater under the direct influence of surface water—

(i) Any water beneath the surface of the ground with the presence of insects or other macroorganisms, algae, organic debris or large diameter pathogens such as Giardia lamblia and Cryptosporidium, or significant and relatively rapid shifts in water characteristics such as turbidity, temperature, conductivity or pH which closely correlate to climatological or surface water conditions.

(ii) The term does not include finished water.

Groundwater—Water that is located within the saturated zone below the water table and is available to supply wells and springs.

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HAA5—Haloacetic acids (five)—The sum of the concentrations in milli-grams per liter of the haloacetic compounds (monochloroacetic acid, dichloro-acetic acid, trichloroacetic acid, monobromoacetic acid and dibromoacetic acid), rounded to two significant figures after addition.

IBWA—The International Bottled Water Association, Alexandria, Virginia 22314.

IDSE—Initial Distribution System Evaluation.

IOC—Inorganic chemical.

Initial compliance period—The first full 3-year compliance period during which a public water supply is required to monitor for a contaminant.

Innovative technology—A method, process or equipment for the treatment of drinking water which is not designated as BAT under EPA regulations and the effectiveness of which has not been commercially demonstrated in the water supply industry.

LRAA—Locational running annual average—The average, computed quar-terly, of quarterly arithmetic averages of all analytical results for samples taken at a particular monitoring location during the most recent 4 calendar quarters.

Lake/reservoir—A natural or man made basin or hollow on the earth’s sur-face in which water collects or is stored that may or may not have a current or single direction of flow.

Lead service line—A service line made of lead which connects a water main to a building inlet and a lead pigtail, gooseneck or other fitting which is con-nected to the lead line.

Liquid from dewatering processes—A stream containing liquids generated from a unit used to concentrate solids for disposal.

Log inactivation—A measure of the amount of viable microorganisms that are rendered nonviable during disinfection processes and is defined as:

Log inactivation = log

Where, No = Initial concentration of viable microorganisms ND = Concentration of viable microorganisms after disinfection Log = Logarithm to base 10 Log inactivation is related to percent inactivation, defined as:

Percent inactivation =

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Common log-inactivation values and corresponding percent inactivation values include:

Log Inactivation Percent Inactivation

0.5-log 68.4% 1.0-log 90.0% 1.5-log 96.8% 2.0-log 99.0% 2.5-log 99.7% 3.0-log 99.9% 4.0-log 99.99%

Log removal—A measure of the physical removal of a targeted contaminant or disease-causing microorganism (or its surrogate) during water treatment pro-cesses and is defined as:

Log removal = log

Where, No = Initial concentration of targeted contaminant or disease-causing microor-ganism (or its surrogate) NR = Concentration of targeted contaminant or disease-causing microorganism

(or its surrogate) after removal Log = Logarithm to base 10 Log removal is related to percent removal, defined as:

Percent removal =

Common log removal values and corresponding percent removal values include:

Log Removal Percent Removal

0.5-log 68.4% 1.0-log 90.0% 1.5-log 96.8% 2.0-log 99.0% 2.5-log 99.7% 3.0-log 99.9% 4.0-log 99.99%

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Log treatment—A measure of the removal or inactivation, or Department-approved combination of removal and inactivation, of a targeted contaminant or disease-causing microorganism (or its surrogate) during water treatment pro-cesses and is defined as:

Log treatment = Log removal + Log inactivation Or, Log treatment = log

Where, No = Initial concentration of a targeted contaminant or disease-causing micro-organism (or its surrogate) NT = Concentration of a targeted contaminant or disease-causing microorgan-ism (or its surrogate) after treatment Log = Logarithm to base 10 Log treatment is related to percent treatment, defined as:

Percent treatment =

Common log treatment values and corresponding percent treatment values include:

Log Treatment Percent Treatment

0.5-log 68.4% 1.0-log 90.0% 1.5-log 96.8% 2.0-log 99.0% 2.5-log 99.7% 3.0-log 99.9% 4.0-log 99.99%

MCL—Maximum Contaminant Level—The maximum permissible level of a contaminant in water which is delivered to a user of a public water system, and includes the primary and secondary MCLs established under the Federal act, and MCLs adopted under the act.

MRDL—Maximum Residual Disinfectant Level—The maximum permissible level of a disinfectant added for water treatment that may not be exceeded at the consumer’s tap without an unacceptable possibility of adverse health effects. The consumer’s tap means the entry point for bottled water and vended water systems, retail water facilities and bulk water hauling systems.

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Membrane filtration—

(i) A pressure or vacuum driven separation process in which particulate matter larger than 1 micrometer is rejected by an engineered barrier, prima-rily through a size-exclusion mechanism, and which has a measurable removal efficiency of a target organism that can be verified through the application of a direct integrity test.

(ii) The term includes the common membrane technologies of microfil-tration, ultrafiltration, nanofiltration and reverse osmosis.

Method detection limit—The amount of a substance which the EPA has determined to be the minimum concentration which can be measured and be reported with 99% confidence that the true value is greater than zero.

Microorganism—Any of a number of unicellular, multicellular or colonial bacteria, fungi, protozoa, archaea or viruses whose individuals are too small to be seen by the human eye without magnification.

NAMA—The National Automatic Merchandising Association of Chicago, Illinois.

NSF—NSF International, Ann Arbor, Michigan 48105.

NTU—Nephelometric Turbidity Unit.

National Primary Drinking Water Regulations—Primary drinking water regulations and implementation regulations promulgated by the Administrator under the Federal act at 40 CFR Parts 141 and 142 (relating to national primary drinking water regulations; and national primary drinking water regulations implementation). The term includes interim, revised and final regulations.

National Secondary Drinking Water Regulations—Secondary drinking water regulations promulgated by the Administrator under the Federal act in 40 CFR 143.1—143.4.

New source—A source of water supply that is not covered by a valid permit issued under the act of April 22, 1905 (P. L. 260, No. 182) (35 P. S. §§ 711—

716) (Repealed) or under this chapter as a regular source of supply for the public water system.

Noncommunity water system—A public water system which is not a commu-nity water system.

Nontransient noncommunity water system—A noncommunity water system that regularly serves at least 25 of the same persons over 6 months per year.

Person—An individual, partnership, association, company, corporation, municipality, municipal authority, political subdivision or an agency of Federal or State government. The term includes the officers, employees and agents of a partnership, association, company, corporation, municipality, municipal authority, political subdivision, or an agency of Federal or State government.

Plant intake—The works or structures at the head of a conduit through which water is diverted from a source (for example, a river or lake) into the treatment plant.

Point-of-entry (POE) device—A treatment device used as an alternative to central treatment that is installed on a public water line or service connection

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Presedimentation—A preliminary treatment process used to remove gravel, sand and other particulate material from the source water through settling before the water enters the primary clarification and filtration processes in a treatment plant.

Public water supplier—A person who owns or operates a public water sys-tem.

Public water system—A system which provides water to the public for human consumption which has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. The term includes collection, treatment, storage and distribution facilities under control of the operator of the system and used in connection with the system. The term includes collection or pretreatment storage facilities not under control of the operator which are used in connection with the system. The term also includes a system which provides water for bottling or bulk hauling for human consumption. Water for human consumption includes water that is used for drinking, bathing and showering, cooking, dishwashing or maintaining oral hygiene.

RAA—Running annual average—The average, computed quarterly, of quar-terly arithmetic averages of all analytical results for samples taken during the most recent 4 calendar quarters.

Recycle—The act of returning recycle streams to a conventional or direct fil-tration plant’s treatment process.

Recycle flows—Any water, solid or semi-solid generated by a conventional or direct filtration plant’s treatment process and residual treatment processes that is returned to the plant’s treatment process.

Reliably and consistently below the MCL—

(i) For VOCs, SOCs and IOCs (with the exception of nitrate and nitrite), this means that each sample result is less than 80% of the MCL.

(ii) For nitrate and nitrite, this means that each sample result is less than

50% of the MCL.

Repeat compliance period—A subsequent compliance period after the initial compliance period.

Retail water facility—A public water system which provides water for bot-tling without the use of a water vending machine by dispensing unit servings of water in containers whether or not the containers are provided by the cus-tomers.

SOC—Synthetic Organic Chemical.

SUVA—Specific ultraviolet absorption at 254 nanometers (nm)—An indica-tor of the humic content of water. it is a calculated parameter obtained by dividing a sample’s ultraviolet absorption at a wavelength of 254 nm (UV254) (in m-1) by its concentration of dissolved organic carbon (DOC) (in mg/L).

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Sanitary survey—An onsite review and evaluation of a public water system’s source, facilities and equipment and the operation and maintenance procedures used by a public water supplier for producing and distributing safe drinking water.

Sedimentation—A process for the removal of solids before filtration by grav-ity or separation.

Significant deficiency—A defect in design, operation or maintenance, or a failure or malfunction of the sources, treatment, storage or distribution system that the Department determines to be causing, or has the potential for causing the introduction of contamination into the water delivered to consumers.

Slow sand filtration—A process for the purpose of substantial particulate removal by physical and biological mechanisms during the passage of raw water through a bed of sand at low velocity—generally less than .4 meters per hour.

Source—The place from which water for a public water system originates or is derived, including, but not limited to, a well, spring, stream, reservoir, pond, lake or interconnection.

Spent filter backwash water—A stream containing particles dislodged from filter media when the filter is backwashed to clean the filter.

Substantial modification—A change in a public water system that may affect the quantity or quality of water served to the public or which may be prejudi-cial to the public health or safety and includes the addition of new sources; the expansion of existing facilities; changes in treatment processes; addition, removal, renovation or substitution of equipment or facilities; and interconnec-tions.

Surface water—Water open to the atmosphere or subject to surface runoff.

The term does not include finished water.

System—

(i) A group of facilities used to provide water for human consumption including facilities used for collection, treatment, storage and distribution.

The facilities shall constitute a system if they are adjacent or geographically proximate to each other and meet at least one of the following criteria:

(A) The facilities provide water to the same establishment which is a business or commercial enterprise or an arrangement of residential or non-residential structures having a common purpose and includes mobile home parks, multi-unit housing complexes, phased subdivisions, campgrounds and motels.

(B) The facilities are owned, managed or operated by the same person.

(C) The facilities have been regulated as a single public water system under the Federal act or the act.

(ii) This definition may not be interpreted to require two or more currently-regulated public water systems to become one system.

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TOC—Total organic carbon—The total organic carbon in mg/L measured using heat, oxygen, ultraviolet irradiation, chemical oxidants or combinations of these oxidants that convert organic carbon to carbon dioxide, rounded to two significant figures.

TTHM—Total trihalomethanes—the sum of the concentrations in milligrams per liter of the trihalomethane compounds (trichloromethane, bromodichlo-romethane, dibromochloromethane and tribromomethane), rounded to two sig-nificant figures after addition.

Thickener supernatant—A stream containing the decant from a clarifier, sedimentation basin, or other unit used to treat water, solids or semi-solids from the primary treatment process.

Too numerous to count—Two hundred or more total bacterial colonies on a 47-mm diameter membrane filter.

Transient noncommunity water system—A public water system which is not a community, nontransient noncommunity, bottled or vended water system, nor a retail water facility or a bulk water hauling system.

Transmission—The movement of water from the source to a point of storage, treatment or distribution or from the point of treatment to the distribution sys-tem.

Treatment technique—A requirement which specifies a specific treatment method known to cause a reduction in the level of a contaminant which cannot practically be regulated by establishing an MCL. The term includes treatment technique requirements established under the Federal act, and treatment tech-nique requirements adopted under the act.

2-stage lime softening—A process in which chemical addition and hardness precipitation occur in each of two distinct unit clarification processes in series prior to filtration.

Type of product—A particular kind of water for bottling characterized by its source or treatment process. Examples of the water include distilled water, mineral water, spring water and well water.

VOC—Volatile synthetic organic chemical.

Vended water system—A public water system which provides water for bot-tling through the use of one or more water vending machines.

Waterborne disease outbreak—An illness of the same etiology experienced by two or more persons and attributed to pathogenic organisms in which the public water system is implicated as the source of illness by the Department of Health.

Water for bottling—Artificial or natural mineral, spring or other water for bottling as drinking water.

Water vending machine—A self-contained, self-service device which, upon insertion of a coin, paper currency, token, card, key or other similar means or

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Wellhead protection area—The surface and subsurface area surrounding a water well, well field, spring or infiltration gallery supplying a public water system, through which contaminants are reasonably likely to move toward and reach the water source. A wellhead protection area shall consist of the follow-ing zones:

(i) Zone I. The protective zone immediately surrounding a well, spring or infiltration gallery which shall be a 100-to-400-foot radius depending on site-specific source and aquifer characteristics.

(ii) Zone II. The zone encompassing the portion of the aquifer through which water is diverted to a well or flows to a spring or infiltration gallery.

Zone II shall be a 1/2 mile radius around the source unless a more detailed delineation is approved.

(iii) Zone III. The zone beyond Zone II that contributes surface water and groundwater to Zones I and II.

Wellhead protection program—A comprehensive program designed to pro-tect a well, spring or infiltration gallery used by a public water system from contamination.

Wholesale system—A public water system that treats source water as neces-sary to produce finished water and then delivers some or all of that finished water to another public water system. Delivery may be through a direct con-nection or through the distribution system of one or more public water systems.

Source The provisions of this § 109.1 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B.

1804; amended December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended March 24, 1989, effective March 25, 1989, 19 Pa.B. 1289; amended June 16, 1989, effective June 17, 1989, 19 Pa.B. 2543; amended May 15, 1992, effective May 16, 1992, 22 Pa. B. 2621; amended October 7, 1994, effective October 8, 1994, 24 Pa.B. 5175; amended December 23, 1994, effective December 24, 1994, 24 Pa.B. 6404; amended April 23, 1999, effective April 24, 1999, 29 Pa.B. 2231; amended July 20, 2001, effectvie July 21, 2001, 31 Pa.B. 3895 and 3938; amended August 9, 2002, effective August 10, 2002, 32 Pa.B. 3894; amended April 2, 2004, effective April 3, 2004, 34 Pa.B. 1758;

amended May 22, 2009, effective May 23, 2009, 39 Pa.B. 2661; corrected August 29, 2009, effective August 1, 2009, 39 Pa.B. 5119; amended December 24, 2009, effective December 26, 2009, 39 Pa.B.

7279. Immediately preceding text appears at serial pages (317214), (290465) to (290466), (345275) to (345280).

Notes of Decisions A proposed municipal reservoir is a new water source even though the water will come from the same watershed and same body of water as the present water supply. Millheim Borough v. Common-wealth, 74 Pa. D. & C.2d 137 (1975).

Cross References This section cited in 25 Pa. Code § 109.202 (relating to State MCLs, MRDLs and treatment tech-nique requirements); 25 Pa. Code § 109.407 (relating to general public notification requirements); 25 Pa. Code § 109.408 (relating to tier 1 public notice—categories, timing and delivery of notice); 25 Pa. Code § 273.115 (relating to geology and groundwater description); 25 Pa. Code § 277.115 (relat-ing to geology and groundwater description); 25 Pa. Code § 288.122 (relating to geology and ground-water description); 25 Pa. Code § 289.122 (relating to geology and groundwater description); and 25 Pa. Code § 302.101 (relating to definitions).

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§ 109.2. Purpose.

The purpose of this chapter is to protect the public health and safety by assur-ing that public water systems provide a safe and adequate supply of water for human consumption by establishing drinking water quality standards, permit requirements, design and construction standards, system management responsi-bilities and requirements for public notification.

Source The provisions of this § 109.2 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B.

1804; amended December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended May 15, 1992, effective May 16, 1992, 22 Pa. B. 2621. Immediately preceding text appears at serial page (139067).

§ 109.3. Scope.

This chapter applies to each public water system, unless the public water sys-tem meets all of the following conditions:

(1) Consists only of distribution and storage facilities, and does not have collection and treatment facilities.

(2) Obtains all of its water from, but is not owned or operated by, a public water system to which this chapter applies.

(3) Does not sell water to any person.

(4) Does not provide water for potable purposes to carriers which convey passengers in interstate commerce.

Source The provisions of this § 109.3 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B.

1804; amended December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479. Immediately preced-ing text appears at serial page (48003).

§ 109.4. General requirements.

Public water suppliers shall:

(1) Protect the water sources under the supplier’s control.

(2) Provide treatment adequate to assure that the public health is protected.

(3) Provide and effectively operate and maintain public water system facilities.

(4) Take whatever investigative or corrective action is necessary to assure that safe and potable water is continuously supplied to the users.

Source The provisions of this § 109.4 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B.

4479; amended May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621. Immediately preceding text appears at serial pages (139067) to (139068).

Cross References This section cited in 25 Pa. Code § 109.705 (relating to sanitary survey).

§ 109.5. Organization of chapter.

(a) This subchapter and Subchapter H (relating to laboratory certification) apply to all public water systems.

(b) Subchapters B—G and I apply to public water systems, except bottled water and vended water systems, retail water facilities and bulk water hauling systems, unless provisions in those Subchapters are specifically referenced in

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Subchapter J (relating to bottled water and vended water systems, retail water facilities and bulk water hauling systems).

(c) Subchapter J applies exclusively to bottled water and vended water sys-tems, retail water facilities and bulk water hauling systems.

(d) Subchapter K (relating to lead and copper) applies to community and nontransient noncommunity water systems.

(e) Subchapter L (relating to the long-term 2 enhanced surface water treat-ment rule) applies to all public water systems using surface water or GUDI sources.

(f) Subchapter M (relating to additional requirements for groundwater sources) applies to all public water systems that use groundwater, excluding those systems that combine all of their groundwater with surface water or with ground-water under the direct influence of surface water prior to treatment under § 109.202(c)(1) (relating to State MCLs, MRDLs and treatment technique requirements).

Source The provisions of this § 109.5 adopted May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621;

amended December 23, 1994, effective December 24, 1994, 24 Pa.B. 6404; amended December 24, 2009, effective December 26, 2009, 39 Pa.B. 7279. Immediately preceding text appears at serial pages (290473) to (290474).

§ 109.6. Inspection authorization.

(a) At any reasonable time, the Department and its agents and employes will:

(1) Have access to and require the production of any feature of a public water system, monitoring system and books, papers, records and data pertinent to any matter under investigation or required to be kept under the act or this chapter.

(2) Enter and examine a property, facility, operation or activity under the control of a public water system and conduct tests and sampling, including the examination and copying of books, papers, records and data, for the purpose of making an investigation or inspection as may be necessary to ascertain the compliance or noncompliance by a person with the environmental acts, the act or this chapter.

(b) The Department and its agents and employes may conduct inspections of public water systems at least once prior to construction or modification, at least once during construction or modification, at least once prior to operation and at least once per year thereafter.

(c) The Department and its agents and employes may conduct additional inspections, including follow-up inspections, of public water systems and activi-ties related to public health, safety, welfare or the environment, to determine compliance with the act, the environmental acts, this title, the terms or conditions of a permit or the requirements of an order.

(d) The Department and its agents and employes may also conduct inspec-tions of public water systems and related activities whenever a person presents information to the Department which gives the Department reason to believe that a condition exists which may threaten the public health, safety or welfare or the environment, or a person:

(1) Is in violation of a requirement of the act, this chapter, an order or a permit issued thereunder.

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(2) May have violated an environmental act, or a condition of a permit issued under a regulation promulgated under an environmental act.

(e) This section is subject to the availability of personnel and financial resources. This section does not create a duty by the Department to conduct, or a right in a person to expect, a minimum number of inspections per year, inspec-tions for a particular reason or during a certain period or set a maximum number of inspections.

Source The provisions of this § 109.6 adopted May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621.

§§ 109.11—109.16. [Reserved].

Source The provisions of these §§ 109.11—109.16 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B. 1804; reserved December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479. Imme-diately preceding text appears at serial pages (48004) and (49601).

§ 109.21. [Reserved].

Source The provisions of this § 109.21 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B.

1804; reserved December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479. Immediately preced-ing text appears at serial page (49601).

§ 109.22. [Reserved].

Source The provisions of this § 109.22 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B.

1804; reserved December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479. Immediately preced-ing text appears at serial page (49601).

§§ 109.31—109.36. [Reserved].

Source The provisions of these §§ 109.31—109.36 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B. 1804; reserved December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479. Imme-diately preceding text appears at serial pages (49602) and (28007).

§§ 109.41—109.44. [Reserved].

Source The provisions of these §§ 109.41—109.44 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B. 1804; reserved December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479. Imme-diately preceding text appears at serial pages (48007) to (48008).

§ 109.51. [Reserved].

Source The provisions of this § 109.51 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B.

1804; corrected May 17, 1974, effective September 3, 1971, 4 Pa.B. 977; corrected July 6, 1979, effective November 2, 1974, 9 Pa.B. 2250; reserved December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479. Immediately preceding text appears at serial pages (48008) to (48009).

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§§ 109.52—109.56. [Reserved].

Source The provisions of these §§ 109.52—109.56 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B. 1804; reserved December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479. Imme-diately preceding text appears at serial pages (48009), (42497) and (4609).

§ 109.61. [Reserved].

Source The provisions of this § 109.61 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B.

1804; reserved December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479. Immediately preced-ing text appears at serial page (4609).

§ 109.62. [Reserved].

Source The provisions of this § 109.62 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B.

1804; reserved December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479. Immediately preced-ing text appears at serial page (4609).

§§ 109.71—109.76. [Reserved].

Source The provisions of these §§ 109.71—109.76 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B. 1804; reserved December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479. Imme-diately preceding text appears at serial pages (4610) and (84495).

Subchapter B. MCLs, MRDLs OR TREATMENT

TECHNIQUE REQUIREMENTS

Sec.

109.201. Authority.

109.202. State MCLs, MRDLs and treatment technique requirements.

109.203. Unregulated contaminants.

109.204. Disinfection profiling and benchmarking.

Cross References This subchapter cited in 25 Pa. Code § 109.5 (relating to organization of chapter); 25 Pa. Code

§ 109.301 (relating to general monitoring requirements); 25 Pa. Code § 109.407 (relating to general public notification requirements); 25 Pa. Code § 109.409 (relating to tier 2 public notice—categories, timing and delivery of notice); 25 Pa. Code § 109.505 (relating to requirements for noncommunity water systems); 25 Pa. Code § 109.507 (relating to permits for innovative technology); 25 Pa. Code § 109.602 (relating to acceptable design); 25 Pa. Code § 109.612 (relating to POE devices); 25 Pa. Code § 109.701 (relating to reporting and recordkeeping); and 25 Pa. Code § 109.1005 (relating to permit requirements).

§ 109.201. Authority.

Under the act, the EQB will adopt MCLs and treatment technique requirements no less stringent than those promulgated under the Federal act for contaminants regulated under the Federal regulations. The Board may adopt MCLs and treat-ment technique requirements more stringent than those promulgated under the Federal act, and may adopt MCLs or treatment technique requirements for con-taminants for which no MCL or treatment technique requirement has been pro-mulgated under the Federal act.

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Source The provisions of this § 109.201 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B.

4479.

§ 109.202. State MCLs, MRDLs and treatment technique requirements.

(a) Primary MCLs.

(1) A public water system shall supply drinking water that complies with the primary MCLs adopted by the EQB under the act.

(2) This subchapter incorporates by reference the primary MCLs in the National Primary Drinking Water Regulations, at 40 CFR Part 141, Subparts B and G (relating to maximum contaminant levels) as State MCLs, under author-ity of section 4 of the act (35 P. S. § 721.4), unless other MCLs are established by regulations of the Department. The primary MCLs which are incorporated by reference are effective on the date established by the Federal regulations.

(3) A public water system that is installing granular activated carbon or membrane technology to comply with the MCL for TTHMs, HAA5, chlorite (where applicable) or bromate (where applicable) may apply to the Department for an extension of up to 24 months past the applicable compliance date speci-fied in the Federal regulations, but not beyond December 31, 2003. In granting the extension, the Department will set a schedule for compliance and may specify any interim measures that the Department deems necessary. Failure to meet the schedule or interim treatment requirements constitutes a violation of National Primary Drinking Water Regulations.

(b) Secondary MCLs.

(1) A public water system shall supply drinking water that complies with the secondary MCLs adopted by the EQB under the act, except for the MCL for pH which represents a reasonable goal for drinking water quality.

(2) This subchapter incorporates by reference the secondary MCLs estab-lished by the EPA in the National Secondary Drinking Water Regulations, 40 CFR 143.3 (relating to secondary MCLs), as of January 30, 1991, as State MCLs, under the authority of section 4 of the act, unless other MCLs are established by regulations of the Department. The secondary MCL for copper is not incorporated by reference.

(3) A secondary MCL for aluminum of 0.2 mg/L is adopted as a State

MCL.

(c) Treatment technique requirements for pathogenic bacteria, viruses and protozoan cysts. A public water system shall provide adequate treatment to reli-ably protect users from the adverse health effects of microbiological contami-nants, including pathogenic bacteria, viruses and protozoan cysts. The number and type of treatment barriers and the efficacy of treatment provided shall be commensurate with the type, degree and likelihood of contamination in the source water.

(1) A public water supplier shall provide, as a minimum, continuous filtra-tion and disinfection for surface water and GUDI sources. The treatment tech-nique must provide at least 99.9% removal and inactivation of Giardia lamblia cysts, and at least 99.99% removal and inactivation of enteric viruses. Begin-ning January 1, 2002, public water suppliers serving 10,000 or more people shall provide at least 99% removal of Cryptosporidium oocysts. Beginning January 1, 2005, public water suppliers serving fewer than 10,000 people shall

Ch. 109 SAFE DRINKING WATER 25 § 109.202

109-19 (347045) No. 424 Mar. 10 provide at least 99% removal of Cryptosporidium oocysts.