Public Water Supply System Regulations (Chapter 2401-51)

2401-51-01 2401-51-02 2401-51-03 2401-51-04 2401-51-05 2401-51-06 2401-51-07 2401-51-08 2401-51-09 2401-51-10 2401-51-11 2401-51-17 2401-51-13 2401-51-14 2401-51-15 2401-51-16 2401-51-17 2401-51-18 2401-51-19 2401-51-20 2401-51-21 2401-51-22 2401-51-23 2401-5'-24 2401-51-25 2401-51".'6 2401-51-28 2401-51-2') 2401-51-J(.' 2401-51-31 2401-51-32 240F51-33 2401-Si-34 2401-::1-35 2401-Si-36 2401-51-37 2~01-51-38 2401-51-39 2401-51-40 2401-51-41 2401-51-42 2-Wl-51-43 2401-51-44 2401-'i 1-45 2401-., ,-4{, 2401-51-47 CHAPTER 2401-51 PUBLIC WATER SUPPLY SYSTEM REGULATIONS GENERAl PROVISIONS Authority Purpose Oefinitions SITING AND DESIGN REVIEW Siting Requirements Oesign and Construction Review Requirements Notification of Intent Approv2I Final Dr;iwings and Specifications PERM:rs Permit i'('qu,red .',pplicatio1, for Permit D<c!NY!NG WATER QUAUTY STANDARDS General Provisions '.'1iiY.i,,ur11 Contaminant Levels ior Microbiological Co~,h1m inants Routine Microbiological Sampling Repeat Monitoring Invalidation of Total Coliform Samples Sanitary Surveys Fecal Coliform/Escherichia coli {E. co/ii Testing Analytical Methodology Response to Violation Maximum Contaminant levels for Turbidi?y lu,hidity Sampling and Analytical Requirements Maximum Contaminant Levels for Inorganic Chemicals Inorganic Chemical Sampling and Analytic?! Require ments Maximum Contaminant Level, for Organi.:: Chemi-::a!; Other Thaoc 1 1 HMs and VOCs ~i.:nr,t,ng ;,nc! hr.al .'tical Requirements for Organic Cherr,ical OthN Than ITHMs and VOCs M.~><',• ,m; C,wt3minaht Level for Total Tri:1alometh .1m:', Tot.: T•iJlalomethane Sampl;ng and Analyt;,;al Requirements Maximum Contaminant Levels fc,, Volatile Org;::r.ic Chemicals Volatile Organic Chemicals Sampling and Analytical F:c:•~uirements Special Sampling Requirements for Unregulated Organic Chemicals Unregulated Organic Chemical Sampling and Analytical Requirements !.1aximum Contaminant levels for Radionuclides Radionudides Sampling an,! A:1alytica! Requireme11ts Spe,.;ial Monitoring k,r Sodiurn Special Monitoring fa, Cor,osivity Cha,acteristics Prohibition on Use of Lead Pipe,., Solder and Flux Use of Point-of-Entry Treatmen: Devices Use of Other Non-Centralixed Trea1ment Devices Additional Water Quality Standards and Requirements 0 P~M TORS (ERTlflCA TION AND REPORTING Operators Certi/icatio,i Reporting Requirements PUBLIC NOTtflCATION AND RECORD KEEPINC Public Notice for Maximum Contaminant Level, Treatment Technique, and Variance and Exemption Schedule Violations Public Notice for Other Viola,inns, Variances, Exemption Public Notice To New Billing Units Content of the Public Notice Mandatory Health Effects Information Specific Public Notice Requirements for Fluoride 2401-51-48 2401-51-49 2401-51-50 2401-51-51 2401-51-52 2401-51-53 2401-51-54 2401-51-55 2401-51-56 2401-51-57 2401-51-58 2401-51-59 2401-51-60 2401-51 ·61 2401-51-62 2401-51-63 2401-51-64 2401-51-65 2401-51-66 2401-51-67 2401-51-68 2401-51-69 2401-51-70 2401-51-71 2401-51-72 2401-51-73 7401-51-74 2401-51-75 2401-51-76 2401-51-77 2401-51-78 2401-SJ.79 2401-51-80 2401-51-81 2401-51-82 2401-51-0 2401-51-84 2401-51-il5 2401-51-86 2401-51-87 2401-51-68 Specific Public Notice Requirements for Lead Submission of Notices Failure to Notif1• Additional Public Notice Requirements Records Maintenance Right of Entry WATER SUPPlV DURING EMERGENCIES Emergency Permits Emergency Situations VARIANCE.> Variances A,cthu,i7~1• Requir,:i.,:nts for;,. ·,~n11•ce Varianc.i fl.,.quest Considera• -on of variance Request Disposition ot a Variance Request Public Heari;ig on \/a,·..1 .. ce Final Acti,,:, <i 1 \ 1ariance Alternalive ·rreatment Techniques Variances from the Maximum Contaminant Level f::-· Fluoride acJ the Maximum Contaminant Levels h..., Organic Chern,cals EXEMPTIONS Exemptions Authorized Requirernems for an Exemption Exemprion Request Considerati,n or an Exemption Request Deposition of an Exemption Request Public Hearing on Exemr,:ion Final /\ct ion Exemptions from the Maxi-o,um Contaminant Level frx Fluoride and the M-;,11~ .... :1 Contaminant Levels for Orga•,ic Che,.1icais PROVISIO~J Of ADf(1UATE W,,TER SUPPLY BY PR!VAH OEVEI0PERS •'ro,i<,on of A..;,,:• ·• t,, W,ur,r ~ ... pply Required failure tu Provide for ,,.::{quate Water Supply FIURATION ANO DISINHCTION General Requirement$ D isi nfeLiion Filtration Conventional ~,::ration Tre::tment or Dire~1 Filtratio11 ,low Sand Filtration Diatornaceous Earth Filtration Other Filtration Technologies Analytical and Monitoring Requirements for Disinfec lion and Filtr~'.ion Reporting and Record Keeping RequirEaments for Filtration and Disinfection: General Requirements Reporting a,1d Record Keeoing Requirements for FHr<2tion and Oi!:nfection: Immediate Notification Required ENFO~Cfhl(1'T Applicabili1, Penalties MISCELIANfOl'S PROVISEO:SS Severabil ity Repea!e, GENERAL PROVISIONS 2401·51·01 Authority These regu!ations are promulgated by the Republic of Palau Environmental Quality Protection Board pursuant to the authority granted it by Republic of Palau Public Law 1-58. These regulations shall have the iorce and effect of law. llH•-c.11\·1• M,w 2,), 199&) "l--101-51-O2 Purpose The purpose of these regulations, technical provisions and specifications is to establish ce~tain minimum standards and requirements as determ111ed by the Republic of Palau Environmental Quality Protection Board to be necessary for the pub I ic health and safety to insure that public water supply systems are protected against contamination and do not constitute a health hazard. ,1 u, •,·u,:1· A,t-tr :,c,, I 996) 2401-51-03 Definitions I\~ used herein, unless tne cont0nt otherwise 11~q u ires, the term: (A} "Best available tech11c:ogy" or "BAT" means i!." best technology, treatmeM techniques, or other means which the Board fi1tds, after examination for effectiveness under field conditions and not solely under laboratory conditions, are avai I able (taking cost into consideration). For the purposes of setting MCLs (m svnthetic organic chernicab, ::.ny BAT must be at !east· as effective as granular activated carbon. (B) "Board" means the Republic of Paiau Environ nwnt.1! Q1.•2.lity Protection Board or its authorized 11-:presen t zt ;ve. (C) "Cc:tified Labor:.i.to1 y" means a i,1.boratory dppc ivhi by the Board ir1 the ca~,' ::•f a laboratory luc,::-::i -: : d-,2 Rq-ub:ic .)f Pz.!au, ...:: ~-'Y ~11e EPA if loca,<:-:..:l oulside PaJ.:::tJ, except that :1;e.1s1Jrem-8nts for turbidity, free chlorine residual, temperature and pH may be performed by any person acceptable to the Board. (D) "Chairman of the Palau Environmental Quality Protection Board", or "Chairman" means the Chc1irman personally or his duly authorized represen tative. , I" "Cuagulati,:m" ,ncans a process using coagu ldnt chemicals and mixing by w:1ich colloidal and ~u<.J)['nded n·,aterials ar<· destabilized and agglome1 ,1tiod 11110 ilocs. (fi "Confluent growth" means a continuous bJcterial 0 rowth covering the entire filtration area of ,1 nwrnbr~ne filter, or a portion thereof, in which bacterial colonies are not discrete. (Gl "Contaminant" means any physical, chemical, Ii,, ,11 )gical or radiological substance or matter in \VdlVI. (I 11 "Conventional filtration treatment'' means a ,,•1 i<"' or processes including coagulation, floccula : un, si>cJimentation, and filtration resulting in ,uiJ,t,1ntic1I particulate removal. ([) "CT" or "CTcaic" is the product of ''residual disinfectant concentration" (C} in mg/I determined before or at the first customer, and the corresponding "disinfectant contact time" (T) in minutes, i.e., "C" x "T". If a public water system applies disinfectants at more than one point prior to the first customer, it must determine the CT of each disinfectant sequence before or at the first customer to determine the total percent inactivation or "total inactivation ratio." In determining the total inactivation ratio, the public water system must determine the residual disinfectant concentration of each disinfection sequence and corresponding contact time before any subsequent disinfection application point(s). "CT99 g" is the CT value required for 99.9 percent (3-log) inactivation of Ciardia ./ambfia -.:y:=.ts. The inactivation tatio i:;: CT, ,,, and the sum of the inactivation ratio\ ,)r tota I inactivatior ratio shown as: is calculated by adding together the inactivation ratio for each disinfection seouence. A total indctivation ratio equal to or great~r than 1.0 is assumed to provide a 3-log inactivation of Ciardia lamblia cysts. 0) "Diatomacenus earth fi!traticn" means a process resulting in s..:bstantial particulate· rer.1ov2: ; , which: (l) A prec.od cake of diatoma-::eous earth filt,~, media is depmiled m, a ~uµr-:;ort membra1,e 1septlln1}, and , (2) While the water is filtered by passing throush the c.:.ke on the septum, additional filter media known as body feed is continuously adcied to the feed water to maintain the permeability ot the filter cake. (Kl "Direct filtration" means a series of processes including coagulation a1~d filtro.tion but excluding sedimentation resulting in substanti,d particulate removal. (L) "Disinfectant" 1-1eans af7i' cxidant, induding but not limited to chlorine, chlo,:ne dioxide, chlora m;nes, and ozone adder! to water in any part of the treatment or distribution process, LhJt is intended to kill or inactivate pathogenic microorganisms. (M) "Disinfectant contact time" ("T" in CT calculations) means the time in minutes that it takes for water to move from the po;nl 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. Where only one "C" is measured,. "T" is the time in minutes that it takes for water to move from the point of disinfectant application to a point beiore or at where residual disinfectant concentration ("C") is measured. Where more than "C" is mea sured, "T" is: (1 J For the first measurement of "C", the time in minutes that it takes for water to move from the first or only point of disinfectant application to a point before or at the point where the first "C'' is measured; and, (2} For subsequent measurements of "C", the time in minutes that it takes for water to move from the previous "C" measurement point to the "C" measurement point for which the particular "T" is being calculated. Disinfectant contact time in pipelines must be calculated based on "plug flow" by dividing the ir:tp1 na1 volume of the pipe by the maximum hourly flow rate through that pipe. Disinfectant contact ti me vv'ithin mixing basins and storage reservoirs must be rlei2rmined by tracer studies or an equivalent demonstration. (N) "Disinfection" means a process which inactivates pathogenic organisms in water by chemical oxidants or equivalent agents. (0) "Domestic or other non-distribution system plumbing problemH 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. (P) "Dose Equh:alent" means the product of the absorb0d dose from ionizing radiation and such hctors as account for differences in biological dfecti,,cness due to the type of radiation and its distribuUe,n in the body as spedf10d by the Interna tional Commission on Radiol015itai Units rand MeaSL!rements (ICRU). (Q) "EPA" means the United States Environmental Protection Agency. (Rl "Federal Act" means 42 USC Section 300f et seq., commonly referred to as the Safe Drinking Water Act (Public Law 93- 523) and its implementing regulations. (S1 "Filtration" mean:s a process for removing particulate matter from water by passage through porous media. (TJ "Flocculation" means a process to enhance .:igglomeration or collection of smaller floe particles into larger, more easily settleable particles through gt~ntle stir•ing by hydraulic or mechanical means. (U) "Gross alpha particle activity" means the total ,,1tlibJcti, 1ty due to alpha particle emission as HHerred from measurements on a dry sample. (V) "Gross beta particle activity" means the total rJdioactivity due to beta particle emission as inferred from measurements on a dry sample. (W} "Groundwater" means any source of water that is exposed only to an enclosed atmosphere before entry into a treatment, storage or distribution system. {X) "Groundwater 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 Ciardia famblia, 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 Board. The Board determination of pirect influence may be based on site-specific measurements of water qu2lity and/u~ C:ocumentation of well r:onstruction characteristic; and geology with field eva!uation. (Y) "Halogen" means one of the chemical elE'ments chlo,ine, bromine or iodine. (Z) ··Lead free" means solders and flux containing not more than 0.2 percent lead, and pipes and pipe fittings containing not more than 8.0 percent lead. (AA) "Legionel/a" means a genus of bacteria, some species of which have caused a type of pneumonia called Legionnaires Disease. (BB) ''Man-made beta particle and photon emitters" means all radionuclides emitting beta particle and/or photons listed in Maximum Permissi ble Body Burdens and Maximum Permissible Concentration of Radionuclides in Air or Water for Occu!Jationa! txposure, U .., National Bureau of Standards Handbook 69, except the daughter products nf thoriurn·232, uranium-235, and ura nium 231:.. {CC) "Maximum Contaminant Level" o, "MCL" means the maximum permis~ib!e level of a contami nant in water which is delivered to the free flowing outlet of the ultimate user of a public water system, except in the case of turbidity where the maximum permissible level is measured at the point of entry to the distribution system. Contaminants added to the water under circumstances controlled by the user and. except those resulting from corrosion of piping and plur,ibing caused by water quality, are excluded from this definition. (DD} "Near the first service connection" means at one of the 20 percent of all service connections in the entire S)1stem that are nearest the water supply treatment facility, as measured by water transport time within the distribution system. (EE) "Maximum Total Trihalomethane Potential" or "MTP" means the maximum concentration of total trihalomethanes produced in a given water containing a disinfectant residual after 7 days at a temperature of 25 degrees Centigrade or above. (FF) "Performance Evaluation Sample" means a water reference sample sent to a laboratory for the purpose of demonstrating that the laboratory can successfully analyze the sample within the acceptable limits of performance. (GG) "Person" means the national government of the Republic of Palau, a Palau state government, a political subdivision, a public or private institution, corporation, partnership, joint venture, association, firm, or company organized or existing under the laws of the Republic or one or more of its state governments; a lessee or other occupant of property; 111 "rn individual, acting singly or as a group. (H H) "Picocurie'' or "pCi" means that quantity of radioactive material producing 2.22 nuclear transfor mations per minute. (II) "Point of disinfectant application" is the point where the disinfectant is appl:ed arid water down stream of that point is not subject tu r,~contamination by surface water runoff. {JJ) "Point-of0 entry treatment oe"ice" is a treatment dc~vice applied to the drinkingwater entering a house or building for the purpose of reducing contaminants in the drinking water distributed throughout the house or building. (KK) "Point-of-use treatment device" is a treatment device applied to a single tap used for the purpose of r!~ducing contaminants in drinking water at that one tap. (LL) "Potable water" means water which is of a quality that meets the requirements o[ these regula tions and is intended for human consumpt:on. {MM) "Public Water Supply System'.' t'rleans a system for the provision to the public of plp2d water for human consumptior, if such syste~ has at least fifteen (15) servic:e co11n2ctiom oc regulai)' serves an .wa ~1ge ::>fat least twenty-five (25) i,nd1viduals daily at IPc1st sixty (60) days out of the year. Such term includes (1) any collection, treatment, storage, and distribution facilities under control of the operator of ~uch system and used primad!y in connection with such system, and (2) any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. A public water system is either. a"community water system" or a "noncommunity water system." ( 1) "Community Water System" means a public water system which serves at least 15 service connections used by year-round residents or regularly ,•rv1•~ ,ll least 25 year-roJnd residents. (~1 "Non-Community Water System" means a public water system that is not a community water Ul "Non-Transient Non-Community Water System" means a pubJic water system that is not a community water system and that regularly serves at lt'asl 2 5 of the same persons over 6 months per year. (NN) "Rem" means the unit dose equivalent from ionizing radiation to the total body or any internal 01 gcin or organ system. A "mil Ii rem (mrem)" is 1/1000 of a rem. (00) "Residual disinfectant concentration" ("C" in CT calculations) means the concentration of disinfec tant measured in mg/I in a representative sample of water. (PP) "Sanitary Survey" means an on-site review of the water source, facilities, equipment, operation and maintenance of a public water supply system for the purpose of evaluating the adequacy of such source, facilities, equipment, operation, and maintenance for producing and distributing safe drinking water. (QQ) "Sedimentation" means a process for removal of solids before filtration by gravity or separation. (RR) "Slow sand filtration" means a process involving passage cf raw water through a bed of sand at low velocity (generally less than G.4 m/h} .-esulting in substantial particulate removal by pi·.ysical and biological mechanisms. (SS) "Standard sample" means ih2 2.l1quot of finished drinking water that is examined for the presence of coliform bacteria. (fT) "Supplier of water" means an, pers•Jn who owns or operates a public water supply system. , (UU) "Surface water" means any source of water that is open to the atmosphere and subject to runoff. This includes springs, except where the Board determines that there is adequate protection from infiltration of surface contaminants. (VY) "Sy;;tem with a single service connection" means a system which supplies drinking water to consumers via a single service line. · (\NVI/) "Tarnper" means to introduce a cont;v.1i nant into a pub.lie water syste. n v::th the iritenticP. d harming persons, or to otherwbe interf~re wit~, the operation of a public water system with the intention of harming persons. {XX) "Too numerous to count" means that the total number of bacterial colonies ~xceeds 200 on a 47-mm diameter membrane filter used for coliform detection. (YY) "Total Trihalomethanes" or "TTHM" means the sum of the concentration in milligra1ns per liter of the trihalomethane compounds (trichloromethane [chloroform],dibromochloromethane,bromodichloro methane and tribromomethane [bromoform]), rounded to two significant figures. (ZZ) "Trihalomethane" or "THM" means one of the family of organic compounds, named as deriva tives of methane, wherein three of the four hydrogen atoms in methane are each substituted by a halogen Jtom in the molecular structure. (AAA) "Virus" means a virus of fecal origin which is infectious to humans by water-borne transmission. (BBB) "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 defident in treatment, as determined by the appropriate Republic of Palau National or appropriate state agency. {CCC) The following words and terms defined in the July 1, 1993 edition of 40 CFR Section 141.2 have the meanings ascribed to them in that Section: ( 1) Action level (2) Compliance cycle (3) Compliance period (4) Corrosion inhibitor (5) Effective corrosion inhibitor <esidual (6) First draw sample (7) Initial compliance period: 1993-1995 (8) Initial compliance period ~150: 1993-1995 (9) Initial compliance period < 150: 1996-1998 (10) Large water system (11) Lead service line (12) Maximum contaminant level (13) Medium-size water system ( 14) Optimal corrosion cont re.I treatment (15) Repeat compliance period (16) Service line sample (17) Single family structure (18) Small water system !I.Ht-cl•>e MAy 26. 1996) SITING AND DESIGN REVIEW 2401-51-04 Siting Requirements ,(A) No person may enter into a financial commitment for or initiate construction of a new water supply system or significantly increase the capac;ty of or modification to an existing public 'Nater supply system, until he has submitted to the Boarc <1 notification of intent which shall include :: (. :mcept11al, descriptive p/ar1 wi!h appropriate sketches detailing proposed location, water source/ca pacity, budget estimates and other data as described in Section 2401-51-06 and the Board has given its approval. (8} To the extent practicable, the location for part or all of a new or expanded public water supply system should be avoided at a site which: ( l J Is subject to a significant risk from earth quakes, floods, fires or other disasters which couid cause a breakdown of the public water supply system or a portion thereof; (2) Except for intake structures, is within the tloodplain of a 100-year flood or is lower than any recorded high tide where appropriate records ex;st; (3) ln case of a roof catchment, has not been given reasonable consideration as to effective ty phoon-protection measures of buildings, roofs, guttering and other catchment appurtenances. ,lH1•(h-u• May lC). J".11)(;,J 2401-51-05 Design and Construction Review Requirements (Al No person shall cause or allow the construction of or change to any public water supply without approval of final drawings and specifications by the Board or its Executive Officer. {B) Final drawings and specifications shall be reviewed on the basis of the judged ability of the completed facility to produce water of a quality which meets the standards prescribed by these regulations. (C) Public water supply installation, change, or addition shall not include routine maintenance, review of pipe connection hydrants and valves or replacement of equipment pipes, and appurtenances with equivalent equipment, piping and appurte nances. (D) All work performed on a public water supply shall be in accordance with accepted engineering practices, . such as the American \rVater Works A~sociation and the Committee of the Great lake~,. Upper Mississippi River Board of State Public Health and Enviror11nental Managers. ((ti,.,:!;;~ :✓,.,y 26, 1996) 2401-51-06 Notification of tent No person may enter into a financial commit ment for or initiate construction of a new water ~upply system or significantly increase the capacity of or modification to an existing public water supply system, until he has submitted to the Board the following information, and the Board has given its approval: (A) Name and address of person who intends to consiruct or modify a public water supply system; (B}. J\lame and a(idress of person who will be the supp\ie; ;,f water to the public; (C) Lccation of proposed water source(s), Qn an B 1/2" x 11" portion of topographic map; (D) Type of source (spring, stream, well, rooi catchrnent, ground catchment, other}; (1; If catchment, horizontal area in square feet; (a) if roof catchment, type of roof materials; (bl if ground catchment, description of vegetative cover; (2) If well(s); (al estimated depth(s}; (b) measures to be taken to exclude surface water from well(s); (c} kind of pump(sJ to be used (hand, electric, windmill, etc.}; 13) If surface water; 1a) type of surface water; l:J) measures intended to be taken to preserve the water source (e.g. watershed protection plan). 1El Estimated capacity of sources in gallons per da~• during normal rainfall conditions; 1F) Existing methods of sewage disposal and methods e~pected in the iuture, for the system and ~er\ ice area; (G) Planned raw water storage capacity, or increase thereof; (H) Description of proposed water treatment 1)roo~ss; {I) Number of persons to be supplied at initiation of operation; (J) Anticipated population of service area ten (10) years from now; (K) Budget estimate for construction, operation and maintenance; (L) Expected source(s) of funds; and (M) Other data as may be required by the Board. tU!c•1 u,·1· M•l}' 26, 1996) 2401-51-07 Approval The Board or its Executive Officer shall ,eview a notice of intent to construct or mddify.a public water supply system for completeness within 30 calendar days from receipt and either: (A) Fully or conditionally approve the notice for weparation of final plans and specifications tor the proposed faci I ity; or; (B) Notify the proposed constructor that addi tional ,information is needed; or, (C) Deny the proposal stating, in writing, c1ppropriate environmental reasons for the denial. a {f,'( 1iw• May 26, 1996} '2 rn 1-51-08 Final Drawings and Specifications (A) No person shall cause or allow the construc tion of or change in any public water supply system withou~ approval of final drawings and specifical!0ns by the Board. (B) The final drawings and specifica:ions s~,a;! follow the intent expressed in the approved tfotific;:1 tion of lnten~ (C) Preparation of final drawings and specifica tion\ shall be supervised by a person experienced in the construction and operation and maintenance of w<1ter supply systems, based on accepted engineering :1r.ictices, such as the American Water Works A~suciation and the Committee of the Great Lakes Upper Mississippi River Board of State Pub I ic He 31th ,ind Environment /\.\anagers, and directed toward construction of a faci I ity which wil I produce potabie water. (D) Upon review of final drawings and specifica tions, the Board may: (1) Approve the drawings and specifications; rn Request changes in the drawing and specifi ' c111ons oi the construction; or ( II Deny approval. I ti,, 11 \ ,'I.I,~\ :r~ I (Jl)hl PERMITS 2401-51-09 Permit Required Any person who engages in construction of or change to any public water supply system within the Republic of Palau shall first obtain from the Board or its Executive Officer a permit for the proposed activity. {Effooive May 26. I~%) 2401-51-10 Application for Permit (A) Application for a permit shall be on a form approved by the Board and sh al I be submitted by the person undertaking the constructiori of or change to any public water supply system. (B) Applications shal I be accompanied by the plan, specifications, and other information as described in Sections 2401-51-04 through 2401-51 08. (C) Apollcatio11s shall be accompanied by a processing fee of $100.00, which is not refundable, except that no fee is required for the Government of the Republic of Palau or its State Governments. iEffooive May 26. 1 g%f DRINKING WATER QUALITY STANDARDS 2401-51-11 General Provisions (A) It is the responsibility of the supplier of water to assure a quality of water supply that equals or exceeds the standards of the these Public Water Supply Systems Regulations. This includes assurance by the supplier that users do not contaminate the puulic water supply system by the use of improper cross-connections or backflow of wastewater or r,0n-potable water SOUfCE.5. (B) Maximum contaminant level testing shall bi; done in accordance with approved method(s) in the i,,t1=:st edition of Standard Metl1od~ for the Examina tion of Water and Wastewater, by the American Public Health Association. Said analyses of drinking water contaminants shall be performed by a certified laboratory. The Board Laboratory shall perform any and al I maximum contaminant level testing for which it is certified unless and unti I Board delegates such testing responsibi I ities to another certified laboratory facility. (C) All public water supply systems in the Republic oi Palau must be disinfected, meeting the disinfection specifications of the Board, (D) Water Supply Systems Regulations, including MCL's and monitoring frequencies may be amended at any time. (E) The Board has the authority to determine comp I iance or initiate enforcement action based upon analytical results or other information compiled by the agency and its representatives. ,rul"(.l!Vl' M,IV 26. I 1J9fi) 2401-51-12 Maximum Contaminant Levels for Microbiological Contaminants (A) The maximum contaminant levels (MCU 1or total coliform bacteria, applicable to community and non-community water systems is based on the presence or absence of total coliforms in a sample, rather than on coliform density. (1) For a system which collects fewer than 40 samples per month, if no more than one sample collected during a month is total coliform-positive, the system is in compliance with the MCL for total coliforms. (2) For a system which collects at least 40 samples per month, if no more than 5.0 percent of the samples collected during a month are total coliform-positive, the system is in compliance with the MCL for total coliforms. (8) Any fecal coliform-positive repeat sample or E. Coli-positive repeat sample, or any total coliform positive repeat sample fol lowing a fecal coliform pc.sitive o,· E. Coli-positive routine sample constitutes a violation of the MCL for total coliforms. For purposes of the public notification requirements in Sections 2401-51-42 through 2401-51-51, this is a violation that may pose an acute risk to health. (C) A r:iublic water system must determine compliance ·with the MCL for total coliforms in Divisions (A) and (B) of this Section for each month in which it is required to monitor for total coliforms. (0) The best technology, treatment techniques, or other means available for achieving compliance with the maximum contaminant level for total coli forms in Divisions (A) and (B) of this Section are as follows: (1) Protection of.,wells from contamination by col iforms by appropri-ate placement and construction; (2) Maintenance of a disinfectant residual \hrucighout the distribution system; (3) Prop"'r maintenance of the distribution ;ystem induding appropriate p:pe rerlacement and rer:•a1r procedures, main flushini,; programs, proper operation and · maintenance of storage tanks and reservoirs, and continual maintenance of positive water pressure in all parts of the distribution system; (4) Filtration and/or disinfection of surface water, as described in Sections 2401-51-75 through 2401 51-84, or disinfection ot ground water using strong oxidants such as chlorine, chlorir,e dioxide, or ozone; and (5) For systems using ground water, compliance with the requirements of a Board-approved Wellhead Protection Program. 11 lf,•ctlV{' May 1(~. ~')~6) 2401-51-13 Routine Microbiological Sampling (A) Suppliers of water for community and non ( ommunity water systems shall collect and analyze water for coliform bacteria in accordance with provisions of this Section to determine compliance with Section 2401-51-12. (8) Total coliform samples shall be collected at points which are representative of the conditions within the distribution system in accordance with a written sample siting plan reviewed and approved by the -Board. (C) The monitoring frequency for total coliforms for community water systems shall be as follows: (1) The supplier of water for a comm unity water system shall take total coliform samples at regular time intervals, and in number proportionate to the population served by the system. In no eveflt shall the frequency be less than: Population Served Minimum Number of Analyses Per Month 25 to 1,000 1 1,001 to 2,500 2 2,501 to 3,300 3 3,301 to 4,100 4 4,101 ((1 4/JOO 5 4,901 to 5,800 6 5,801 to 6,700 7 6,701 !O 7,600 8 7,501 to 8,500 9 8,501 to 12,900 10 12,901 to 17,200 15 17,201 to 21,500 20 21,500 to 25,000 25 i1) Based upon a history of no total coliform bacterial contamination and on a sanitary survey conducted by the Board in the past five years showing the water system to bP. supplied solely by a protected ground water souro,"·and free of sanitary defects, a com,nunity water ::,ystem serving 25 to 1,000 persons.. with written t:>ermission from the Board, may reduce this sampling frequency except that in no case shall it be reduced to less th-1n one per quarter. (D) The monitoring frequency for total caiitorms for non-community water systems shall be as follows: (1) A non-community water system using only ground water (except groun~ water under the direct influence of surface water as defined in Section 2401 51-03) and serving 1,000 persons or fewer must monitor each calendar quarter that the system provides water to the public, except that ihe fre• quency may be reduced with written permission from the Boa:·d, if a sanitary survey sh0ws that the system is free of sanitary defects. The reduced frequency shall not be less than once per year. (2) A non-community water system using only ground water (except ground water under the direct influence of surface water as defined in Section 2401 51-03) and serving more than 1,000 persons during · Jny month must monitor at the same frequency as a like-sized community water system, as specified in Division (C) of this Section, except that the frequency may be reduced with written permission from the Board, for any month the system serves 1,000 persons or fewer. The reduced frequency shall not be less than once per year. For systems using ground water under the direct influence of surface water, Paragraph (0)(4) of this Section applies. (3) 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 ~pecified in Division (D) of this Section, regardless of iht~ number of persons it serves. (4) A non-community water system using ground w.1ter under the direct influence of surface water, as defined in Section 2401-51-03, must monitor at the same frequency as a like-sized community water system, as specified in Division (C) of this Section. The system must begin monitoring at this frequency beginning six months after the Brwd determines that the ground water is under the (.!irect influence of s1.,rrace water. (E) The public water system must collect samples al regular time intervals throughout the me>nth; except 1h.1t .:i system which uses ground water. (except g1ou11d water under the direct influence of surface WJter, as defined in Section 2401-51-03), and serves l, 900 persons or fewer, may collect all required samples on a single day if they are taken from different sites. (F) A public water system that uses surface water or ground water under the direct influence of surface \vater, as define in Section 2401-51-03, and does not practice filtration in compliance with Sections 2401 51-75 through 2401-51-84 musLcoilect at lc~st one sJ•nple near the first service conrieoion each day the turbidity level of the source water, measured as .ptici 1ied in Sectior, 2401-:, l-f:2, exceeds 1 NTU. fi11s sample m\,lst be analyzed fo; the presence of tot.:il 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 exceedance, unless the Board determines that the system, for logistical reasons outside the system's control, cannot have the sample analyzed within 30 hours of collection. Sample results from this coliform nmnitoring must be included in determining compli .cnce with the MCL for total coliforms in Section ] 40 l -5 l - 1 2. 1C) Special purpose samples, such as those taken i•, determine whether disinfection practices are ,unic iE'nt iollowing pipe placement, replacement, or !l"p,m, shall not be used to determine compliance \\ ,111 the MCL for total coliiorms in Section 2401-51 12. 2401-51-14 Repeat Monitoring ,AJ If a routine sample is total coliform-positive, 1lw public water system must collect a set of repeat ,,1mplc~s within 24 hours of being notified of lhe positive result. A system which collects more than one routine sample/month must collect no fewer than three repeat samples for each total coliform-positive sample found. A system which collects one routine sample/month or fewer must co!lect no fewer than four repeat samples for each total coliform-positive sample found. The Board may extend the 24-hour limit on a case-by-case basis if the system has a logistica[ problem in co[lecting the repeat samples within 24 hours that is beyond its control. In the case of an extension, the Board must specify how much time the system has to collect the repeat samples. (B) The system must collect at least one repeat sample from the sampling tap whtre the original total coliform-positive sar.ip!e was taken, and at least one repeat sample at a tap within five service connections upstream and at least one repeat sample at a tap within five service connections dowrstream of the original sampling site. If a total wlffo, m-positive sanwle is at the end of the distribution system, or one away from the end of the distribution system, the Board may waive the requirement to collect at least one repeat sample upstream or downstream of the original sampling site. {C) The system must collect all repeat samples on the same day, except that the Board 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 rrd for systems which collect more than one routine sampldmonth) (D) If one or more repeat samples in 1he set is total coliform-positive, the public water system must collect an additional set of repeat samples in the manner specified in Divisions (Al through (C} of this Section. The additional samples mus' be collected within 24 hours of being notified of the positive result, unless the Board extends the limit as provided in Division (A) of this Section. The system must repeat this process until either total coliforms are not detected in one complete set of repeat Sdtn pies or the system determines that the MCL for total coli forms in Section 2401-51-12 has been exceeded and notifies the Board. (El Ii a system collecting fev-.·er than five routine samples/month has one or more total coliform positive samples and the Board does not mvalidate the sample(s} under Section 2-WJ-51-15, it must collect at least five routine samples during the next month the system provides water to the public, except that the Board may waive this requirement if the conditions of Paragraphs (E)(1) or (E)(2) of this Section are met. The Board cannot waive the requirement for a system to collect repeat samples in Divisions (A) through (D) of this Section. (1) The Board may waive the requirement to collect five routine samples the next month the system provides water to the public if the Board, or an agent approved by the Board, 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 Board to determine whether additional monitoring and/or any corrective action is needed. The Board cannot approve an employee of the system to perform this site visit, even if the employee is an agent approved 1::,y the Board to perform sanitary surveys. (2) The Board may waive the requirement to collect five routine samples the next month the system provides water to the public if the Board has determined why the sample was tota: coiiform po:;itive and establishes that the system has corrected the problem or will correct the problem before the end of the next month the sy'.::tem serves water to the public. In this case, the Board must document this decision to waive the following month's additional monitoring requirement in writing, have it approved and signed by the supervisor of the Board official who recommends such a decision, and make this document available 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 the problem. The Board cannot waive the requirement to collect five routine samples the next month the system provides water to the public solely on the g·ounds that all repeat samples are total coliform neg;uve. Under this Paragraph, a system must stilt take J~ least one routine samplf~ b~fore the end of the next month it serves water to rhe public and use 1t' to determine compliance with the MCL for total coiiforms in Section 2401-51-12. Unless the Board has determined that the system has corrected the contamination problem before the system took the set of repeat samples required in Divisions (A) through (D} of this Section, and all repeat samples were total coli form-negative. {Fl After a system collects a rout;ne sample and before it learns the results of the analysis of that sample, if it collects another routine sample{s) from within five adjacent service connections of the initial :;ample, and the initial sample, after analysis, is found to contain total coli forms, then the system may count the subsequent sample(s) as a repeat sample instead of as a routine sample. (G) Results of all routine and repeat samples not rnvalidated by the Board must be included in determining compliance with the MCL for total coliiorrns in Section 2401-51- l 2. (I (ft•(Ll\t"" MJy 2-6. 11)96) 2401-51-15 Invalidation of Total Coliform Samples (A) A total coliform-positive sample invalidated under this Section does not count towards meeting the minimum monitoring requirements of this Sec tion. (8) The Board may invalidate a total coliform positive sample only if the conditions of Paragraphs (8)(1), (8)(2), or (8)(3) of this Section are met. (1) The laboratory establishes that improper sample analysis caused the total coliform-positive result. (2) The Board, on the basis of the results of repeat samples collected as required by Divisions (Al through (D) of Section 2401-51-14, determines that the total coliform-positive sample resulted from ·! domestic or. other non-distribution system plumbing pmblem. The Board cannot invalidate a sample ori the basis of repeat sam pie results unless al I repeat s.::mple(s) collected at the same tap as the original total coliform-positive sample are also total coliform positive, and all repeat samples collected within five service connections of the original tap are total coliform-negative (e.g., Board cannot invalidate a total coliform-positive sample on the basis of repeat samples if all the repeat samples are total coliform negative, or if the public water system has only one service connection}. (3) The Board has substantial grounds to believe that a totai coliform-positive result is due to a circumst<l:nce or condition which does not reflect water quality in the distribution system. In this case. the system must still collect all repeat samples required under Div1:;ions (A) through (D) of Section 2401--'..i l~14, ,md use them to determir.c co'"!"lpliance with the MCL for total coliforms in Section ;,:·401-51 12. To invalidate a total coliform-positive sarnpie under this Paragraph, the decision with the rationale for the decision must be documented in writing, and app: oved and signed by the supervisor of the Board official who recommended the decision. The Board must make this document available to the public. The written documentation must state the specific cause of the total coliform-positive sample, and what action the system has taken, or will take, to correct this problem. The Board may not invalidated tolal coliform-positive sample solely on the grounds that all repeat samples are total coliform-negative. (Cl A laboratory must invalidate a total coliform sample (unless total coliforms are detected) if the sample produces a turbid culture in the absence of gas production using an analytical method where gas formation is examined (e.g., the Multiple-Tube Fermentation Technique), produces a turbid culture in the absence of an acid reaction in the Presence Absence (P-A) Coliform Test, or exhibits confluent growth or produces colonies too numerous to count ,,virh .:in analytical method using a membrane filter (e.g., Membrane Filter Technique). If a laboratory invalidates a sample because of such interference, the system must collect another sample from the same location as the original sample within 24 hours of being notified of the interference problem, and have it analyzed for the presence of total coliforms. The system must continue to re-sample within 24 hours and have the samples analyzed until it obtains a valid result. The Board may waive the 24-hour time limit on a case-by-case basis. W"•·rti\·r• M.ir 26, 1996} "l.401-51-16 Sanitary Surveys (Al Public water systems which do not collect i"lve or more routine sampledmonth must undergo an initial sanitary survey by June 29, 1994 for cornrnu nity public water systems and June 29, 1999 for non com mun ity 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 Board, must undergo subsequent sanitary surveys at least every ten years after the initial sanitary survey. The Board must review the results of each sanita1y survc~y to determine whether the existing monitoring frequency is adequate and what additional measures, it "my, the system needs to undertake to improve drinking water quality. (B) In ~onducting a sanitary survey of a system using ground ·water in any area which is the subject oi an Envi .on mental Quality Protection Board wellhead protection program, infotmation 011 snurces, oi contamination within t!1e delineated wellhead protection area that was coliected; in ,he course of developing and implementing the program should be rnnsidered instead of collecting new information, if :Ii,• information was collected since the last tim~ the .ystem was subject to a sanitary survey. {C) Sanitary surveys must be performed by the P.oc1rd or an agent approved by the Board. The sy~tem is responsible for ensuring the survey takes place. rl lr1°( E1v1· M(t, 2f~. l 1)96~ 2401-51-17 Fecal Coliforms/Escherichia coli (E. coli) Testing (Al Ii any routine or repeat sample is total criliinrm-positive, the system must analyze that total , 111 i 1nrm-positive culture medium to determine ifieca I , nlitnrms <1re present, except that the system may test 1n1 E coli in lieu of fecal coliforms. If iecal coliforms ni E coli are present, the system must not1iy the Board by the end of the ddy when the system is notified oi the test resu It unless the system is notified c1lter the Board office is closed: in which case the system must notify the Board before the end of the next business day. (B) The Board has the discretion to allow a public water system, on a case-by-case basis, to forgo fecal coliform or £. coli testing on a total coliform positive sample if that system assumes that the total coliform-positive sample is fecal coliform-positive or. £. coli-positive. Accordingly, the system must notify the Board as specifred in Division (A) of this Section and the provisions of Division (B) of Se<:tion 2401-51 12 apply. (Hf<"Ctiv~ May iG, 19%) 2401-51-18 Analytical Methodology (A) The standard sample volume required for total colHormanalysis, regardless of analytical method used, is 100 ml. (B) Public v,,1ater systems need only determine the presence or absence of total coliforms; a determi nation of total coliform density is not required, (C) Public water systems must conduct total coliform analyses in accordance with one of the following analytical methods: (1) Multiple-Tube Fermentation (MTF) Tech nique, as set forth in "Standard Methods for the Examination of Water and Wastewater," 1985, American Public Health Association et al., 16th edition. Method 908, 908A, and 908B-pp. 870-878, except that 10 fermentatio'1 tubes must be used; or "Microbiological M,~thods for Monitoring the Environment, Water 3.nd Wastes", U.S. EPA, Environ mentai Monitoring and Support Laboratory, Cincin nati, Ohio 45268 (EPA-600/8-78-017, December 'I ~78, available from ORD Puoiic.?-ticds, CERI, U.S. EPA, Cincinnati, Ohio 45268), Parr W, Settion B.4.1 4.6.4, pp. 114-118 (Most Probably Number Method), except that 10 fermentation tubes must be used; or (2) Membrane Filter (MF) Technique, as set forth in "Standard Methods for Examination of Water and Wastewater," 1985, American Public Health Association et a/., 16th edition, Method 909, 909A and 9098-pp. 886-896; or "Microbiological Methods of Monitoring the Environment, Water and Wastes," U .5. EPA, Environmental Monitoring and Support Laboratory, Cincinnati, Ohio 45268 (EPA-600/8-78 017, December 1978, available from ORD Publica tions, CERI, U.S. EPA, Cincinnati, Ohio 45268), Part Ill, Section B.2.1-2.6, pp. 108-112; or (3) Presence-Absence (P-A) Coliform Test, as set forth in "Standard Methods for the Examination of Water and Wastewater," 1985, American Public Health Association et al., 16th edition, lv\ethod 908E pp. 882-886; or (4) Minimal Medium ONPG-MUG (MMO MUG) Test, as set forth in the article "National Field Evaluation oi a Defined Substrate Method for the Simultaneous Detection of Total Coliforms ·and Escherichia coli from Drinking Water: Comparison with Presence-Absence Techniques" (Edberg et a/.), Applied and Environmental Microbiology, Volume 55, pp. 1003-1008, April 1989. (Note: The MMO MUG Test is sometimes referred to as the Autoanal ysis Colilert System.) . (0) fn .lieu of the TO-tube MTF Technrque specified in Paragraph (C)(1) of this Section, a public water system may use the MTF Technique using either five tubes (20-ml sample portions) or a single culture bottle containing the culture medium for the MTF Technique, i.e., lauryl tryptose broth (formulated as described in "Standard Methods for the Examina tion of Water and Wastewater," 1985, American Public Health Association eta/., 16th Edition, Method 908A-pp. 872), as long as a 100-ml water sample is used in the analysis. (E) Public wa(er systems must conduct fecal coliform analysis in accordance with the following procedure. When the iv'iTF Technique or Presence~ Absence (P-A) Coliform Test is used to test for total col iforms, shake the lactose-positive presumptive tube or P-A bottle vig010usly 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, remove the membrane containing the total coliform colonies from the substrate with a sterile forceps and carefully curl and insert the membranP. into· a tube of EC medium. (The laboratory rnar first 1emav'=' a small portion of selected colonies for verification.) Gently shake the irioculatf.:d E:: tubes tc, insure ci<:lequate mixing and incubate in, a water-bath ..it 44.5 +/~ 0.2 degrees Centigrade 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 oi EC medium is described in "Standard Methods for the Examination of Water and Waste water," American Public Health Association, 16th Edition, Method 908C-pp. 879, paragraph 1 a. Public water systems need only determine the prese~ce or <1bsence of fecal coliforms; a determination ot fecal coliform density is not required. (F) Copies of the an,1lytical methods cited in "Standard Methods for the Examination of Water and VV..istewater" may be obtained from the American Pub I ic Health Association et at.; 1015 Fifteenth Street, NW; Washington, DC 20005. Copies of the methods set forth in ''Microbiological Methods for Monitoring the Environment, Water and Wastes" may be obtained from ORD Publications, U.S. EPA, 26 W. Martin Luther KiCJg Drive, Cincinnati, Ohio 45268. Copies of the MMO-MUG Test as set forth in the article "National Field Evaluation of a Defined Substrate Method for the Simultaneous Enumeration of Total Coli forms and Escherichia coli from Drinking Water: Comparison with the Standard M\Jltiple Tube Fermentation Method" (Edberg et al.) may be obtained from the American Water Works Association Research Foundation, 6666 West Quincy Avenue, Denver, CO 80235. Copies may be inspected at the Board's office. (Hf<'Clive May 16, 1996) 2401-51-19 Response to Violation (A) A public water system which has exceeded the MCL for total coliforms in Section 2401-51-12 must .report the violation to the Board no later than the end of the next business day after it learns of the violation, and notify the public in accordance with Sections 2401-51-42 through 2401-51-51. . (B) A public wate.- system which has failed to comply with a coliform monitoring requirement, including the sanitary survey requirement, must . report the ·monitoring violation to the Board within ten days after the system discovers the violation, and notify the public in accordance with Sections 2401 51-42 through 2401-51-S L (Effective May 26. 1996) 2401-51-20 Maximum Contaminant Levels for Turbidity (A} The maximum contaminant levels for turbidity are applicable to both community and non-community water systems uslr:ig surface water sources in whole or in part. The requirements in this Section apply to unfiltered systems that ;he Board has determ1ned in writing pursuant Sections 2401-51-75 through .2401-51-84 r,:ust inst.;ii filtration, unti I June 29, l 993, or until, filtratwn is insialled, whichever is later. (B) The maximum contaminant ievels for turbidity in drinking water, measured at a representa .tive entry point(s) to the distribution system, are: (1) Not more than one (1) Turbidity Units (TU) as determined by a monthly average pursuant to sampling and analytical requirements prescribed in Section 2401-51-21, except that five {5) or fewer turbidity units may be allowed if the suppiier uf V✓ater can demonstrate to the Board that the higher turbidity does not do any of the following: (a) interfere with disinfection; (b) preve~t maintenance of an effective disinfec tant agent throughout the distribution system; or (c) interfere with microbiological determinations; (2) Five (5) TU based on an. average of two consecutive days pursuant to Section 240l-51-21. (I lf(•(11\.t; M~v 2(>, l iJIJ6} 2401-51-21 Turbidity Sampling and Analytical Requirements (A) Turbidity testing is required of all community and non-community water systems using surface water sources in whole or in part. The requirements 111 this Section apply to unfiltered systems that the f3oard has determined in writing pursuant to Sections 2401-51-75 through 2401-51-84, must install iil1r,J1io11, until June 29, 1993, or until filtration is installed, whichever is later. (B) Samples shall be at least once a day at representative entry point(s) to the distribution system tor determining compliance with Section 2401-51-20. If the Board determines that a reduced sampling frequency in a non-community system will not pose a risk to public health, it can reduce the required sampling frequency. Reduced turbidity frequency shall be permitted only in those public water systems that practice disjr.fection and which maintain an active residual disinfectant in the distribution system, and in those ca·ses where the Board has indicated in writing that no uureasonable risk to health existed under the circumst.:rnces. (C) The turbidity measurement shal I be made by 1he Nephelometric Method in accordance with the recommendations set forth in the "Standard Methods for, the Examination of Water and Wastewater," •pub I ished by the American Public Health Association, or the EPA approved edition, or "Methods of Chemical Analysis of Water and Wastes," EPA Environmental Monitoring and Support Laboratory, .\ \.irch, 1979, Method 180.1- Nephelometric Method. Calibration of the turbidimeter shall be m~de either iw the use of a formazin-standard as specified i.n the cited reierences or a styrene divinyl-benzene polymer ,tandard (Amco-AEPA-1 Polymer) commercially ,1vai I able from -Am::o 'Standards interr:at!onal. (D) If ·the cesu!t .of a turbidity analysis indicates that the maximum allowable limit has been ex. reeded, the sampling and measurement shall be confirmed by resampling as soon as practicable and preferably within one (1) hour. If the repeat sample rnniirms that the maximum allowable limit has been ,,xceeded, the supplier of water shall report to the BoJrd within forty-eight (48) hours. The repeat ,,1mple shall be the sample used for the purpose of ,I( tdating the monthly average. If the monthly ,,wr,1ge of the daily samples exceeds the maximum J!lowable limit, or if the average of two samples ',1kPn 011 consecutive days exceeds iive (5) TU, the :-upplier of water shall report to the Board and notify the public as directed in Sections 2401-51-41 through 2401-51-51. (El Sampling for non-community water systems ,hJII begin immediately upon December 18, 1992. , , ii., ., \,t\" ~•r, I 'J{J(1) 2401-51-22 Maximum Contaminant levels for Inorganic Chemicals lt\l fhe maximum contaminant level for nitrate is applicable to both community and non-community water systems. The levels for the other inorganic chemicals apply only to community water systems. (B) The following are the maximum contaminant levels for inorganic chemicals other than fluoride: Contaminant Arsenic Barium Cadmium Chromium Fluoride •Lead Mercury Nitrate (as N) Selenium Silver MCL {mg/I) 0.05 1.0 0.010 0.05 4.0 •o.os 0.002 10.0 0.01 0.05 'Additional Regulations apply. S<?e Sections 2401-> 1-35, 2401•51· 36, and 2401-51--48. (Effective Mar 26. 19961 2401-51-23 Inorganic Chemical Sampling and Analytical Requirements (A) Sampling and analyses for inorganic chemi cals shall be done in compliance with Sections 2401 51-22 and 2401-51-23. (B) Initial sampling and analyses shall be completed by December 18, 1992. The sampling frequency shall be as follows: (1) Community water supplies shall perform sampling and analyses for inorganic chemicals once··· every year for surface water systems and once every three years for ground water systems. (2) For non-community water systems, wl,ether supplied by surface or ground water sources, analyses for nitrate shall be completed upon the December 18, 1992 effective date of these regulations. These analyses shal I be repeated once every three years or as otherwise determined by the Board. (C) If the result of an analysis made pursuant to this Section indicates that the level of any con tam i n ant listed in Section 2401-51-22 exceeds the maximum contaminant level, the supplier of wate; shall report to the Board within seven (7) days and initiate three additional analyses at the same s1mpling point within one (1) month. (D) When the average of four (4) analyses made pursuant to this Section, rounded to the same significant figures as the maximum contaminant level for the substance in question, exceeds the maximum contaminant !eve.I, the supplier of water shall report to the Board pursuant to Section 2401-51-41 and perform public notification pursuant to Sections 2401 51-42 through 2401-51-51. Monitoring following pub I ic notification sh al I be at a frequency designated by the Board and shall continue until the maximum contaminant level has not been exceeded in -two successive samples or until a monitoring schedule as a condition of a variance, exemption or enforcement action sha/1 become effective. (El The provisions of Divisions (C) and (Dl of this Section not withstanding, compliance with the maximum contaminant level for nitrate shall be determined on the basis of the mean of two analyses. When a level exceeding the maximum contaminant level for nitrate is found, a second analysis shall be initiated within twenty-four (24) hours, and, if the mean of the two analyses exceeds the maximum contaminant level, the supplier of water shall report his findings to the Board pursuant to Section 2401 51-41 and notify the public as directed by Sections 2401-51-42 through 2401-51-51. (Fl For the initial analyses required bv Divisions lA) and (Bl oi this Section, data for surface waters Jcquired within one year prior to Decembt!r 18, 1992 and data for ground waters acquired within three (3) years p:'ior to December 18, 1992 ,;,ay be substituted at the discretion of the Board. (CJ Analyses conducted to determine compliance with the maximum contaminant levels prescribed in Section 2401-51-22 shall be made in accorr.Jance with the methods prescribed by 40 CFR 141.23(f). (H) In addition to complying with Divisions (A} through (G) of this Section, systems monitoring for fluoride must comply with the requirem(~nts of the following Paragraphs: (1) Where the system draws water from one source, the system shall take one sample at the entry point to the distribution system. {2) Where the system draws water from men• than one sourc~. the system must sample each source at the entry points to)he dlstributivn system. (3) •. If the ::.y:=.rerri'. drav,s \.V2.ter fro;n more ~har; one source · and source~ are combined bdrn2 distribution, the system must sample at the entry point to the distribution system during periods representative of the maxi mum fluoride levels occurring under normal operating conditions. H) The Board may alter the frequencies for fluoride monitoring as set out in this Section to increase or decrease such frequency considering the following factors: reported concentrations from previously required monitoring; the degree of variation in reported concentrations; and other factors which may affect fluoride concentrations such as changes in pumping rates in ground water supplies or significant changes in the system's configuration, operating procedures, source of water, and changes in stream flows. (5) Monitoring may be decreased from the li'f'quencies specified in this Section upon application in writing by the water system ii the Board deter mines that the system is unlikely to exceed the MCL, rnnsidering the factors listed in Paragraph (H)(4) ot this Section. Such determination shall be made in writing and set forth the basis for the determination. In no case shall monitoring be reduced to less than one (1) sample every 1 0 years. For systems monitoring once every 10 years, the Board sh al I review the monitoring results every 10 years to determine whether more frequent monitoring is necessary. (6) Analysis for fluoride under his Section shall only be used for determining compliance if con ducted by laboratories that have analyzed Perfor mance Evaluation samples to within 10% (plus or minus) of the reference value at fluoride concen trations from 1.0 mg/I to 10.0 rng/1, within the last 12 months. (7) Compliance with the MCL shall be deter mined based on each sampling point. If any sampling point is determined to be out of compli ance, the system is deemed to be out of compliar...::e. 1Wecti"2' May 26. 19%) 2401-51-24 Maximum Contaminant levels for Organic Chemicals Other fha,1 TTHMs and VOCs The following are the maximum contamin;:int levels for organic chemicals other than TTHM and VOC. The maximum contaminant levels for these organic chemicals apply to all community water systems. Compliance with these maximum contami nant levels is calculated as directed in Section 2401 51-25. Contaminant (A) Chlorinated hydrocarbons: i::ndrin · (1,2,3,4, 10, 10..hexachloru-6, 7~poxy-1,4, 4a,5,6,7,8,81.octahydr-:i MCL (mg/I) 1,4-endo, endo-5,8-dimethano naphthalene) ........ 0.0002 Lindane ( 1, 2,3,4,5,6-hexachlorocyclohexane, gamma isomerl . . . . . . . . . . . . . . . . . . . . . . . . . . . . O.OO,: Melho,cychlor (1, 1, l-Trichlaro-2, 2-bi~ [p-methoxyphenyll ethane) ........ , . . . . . . . . . . 0. l Toxaphene (C 10H 10Cl6• Technical chlorinated CJmphene, u7-69 percent chlorine/ . . . . . . . . . . . . . . 0.005 (B) Chlorophenoxys: 2,4-D {2,4-Dichlorophenoxyacetic acid) . . . . . . . . . . . . 0. 1 2,4, 5-TP Sil"ex ( 2.4, 5-T rich I orophenox y• propionic aodl . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.01 ({l(,c,rl,vt• M.,W 2(1, toCJ9(,} 2401-51-25 Sampling and Analytical Require ments for Organic Chemical Other Than TTHMs and VOCs An analysis oi substances (or the· purpnse oi determining compliance with Section 2401-51-24 ~hall be made as follows: (A) For all community water systems utilizing surface water sources, analyses shall be completed by December 18, 1992. Samples analyzed sh al I be collected during the period of the year designated by !he Board as the period when contamination by pesticides is most likely to occur. These analyses shall be repeated at intervals specified by the Board hut in no event less frequent than at three-year "1(~rvc1ls. (l~J For community water systems utilizing only ;;round water sources, analyses shal I be completed by those systems specified by the Board. (C) If the result of an analysis made pursuant to Divi~ions (A} and (B} of this Section indi.::ates that the level of any contaminant listed in Section 2401-5 ;.24 .-xceeds the maxi rn um contaminant level, the supplier of water shall report to the Board within seven (7) days and initiate three (3) additional analyses within , ,np inonth. (D) When the average of four (4) analyses made ;)ursuant to Division (0 of this Section, rourided to ,hi~ Sdme significant figures as the maximum contami 11c1nt level for the substance in question, exceeds the maximum contaminant level, the supplier of water :;hall report to the Board as directed in Section 2401 51-41 and give notice to the public as directed in Sections 2401-51-42 through 2401-51-51. Monitor mg after n.ublic notification shall be at a frequency designated by the Board and shall continue until the maximum contaminant level has not been exceeded •n two successive samples or until a monitoring •,dwdule as a ;::ondition to a variance, exempiio;, 01 1 •niorcernent, acticr, shall become effective. ff) For the initial analysis required by Divisions . ·., .. ncl (BJ of this Section, data for surface water ,\",h0 rns Jcquired within one year prior Oecember 13, l 'l92 .. ind data for ground water systems acquired ,,·,thin three years prior to December 18, 1992 may be substituted at the discretion of the Board. (Fl Analysis made to determine compliance with Sf:ction 2401-51-24 shall be made in accordance with 1:1ethods prescribed in 40 CFR 141.24(e) and (f) •rf1,, {a'1• M,1, 2(). f<J'J6/ 'HOl-51-26 Maximum Contaminant Level for Total Trihalomethanes . :c· in"1xim um cont am in ant level for total trihalo iwthcmes listed in this Section applies only to 1 H11111u11ity water systems which serve a population ,i ! 0,000 or more individual.s and which add a disinfectant (oxidant) to the water in any part of the drinking water treatment process. For the purposes ni these regulations, the concentration of total trihJlomethanes is defined as the sum of the concen 1 r,11 ions of bromodichloromethane, dibromoch loro methane, tribromomethane (bromoform) and trichlo romethane (chloroform). Compliance with the maximum contaminant level is calculated as directed in Section 2401-51-27(G). Contaminant MCL (mg/I) Total Trihalomethanes 0.1 O {ff(eclive May 26. 19%1 2401-51-27 Total Trihalomelhane Sampling.and Analytical Requirements (A) Initial sampling to determine compliance with Section 2401-51-26 shall begin immediately upon December 18, 1992. The minimum number of samples required to be coilected by the system sha!I be based upon the number of treatment plants used by the system, except that multiple wells drawing from a single aquifer may, with the approval of the Board, be considered one treatment plant for determining the minimum number of samples. All samples taken within an established frequency shall be collected within a 24-hour period. (B) For all community water systems using surface water sources in whole or in part, and for all community water systems using only ground wate, sources ihat have not been determined by the Board to qua I ify for the monitoring requirements of Division (A) of this Section, analyses for total trihalomethanes shall be performed·'at quarterly intervals on at feast four water samples for each treatment plant used by the system. At least 25~'o d the samples shall be taker, at locations withi n tt,e distribution system reflecting the maximum ff;cidence time of the water in :he system. Th~ remaining 75% shall b,~ taken at representative locations in the distribution system taking into account number of persons served, different sources of water and different treatment methods employed. The results of all analyses per quarter shall be arithmetically averaged and reported to the Board within 30 days of the system's receipt of Sllch results. All samples collected shall be used in the computation of the average, unless the analytical results are invalidated for technical reasons. Sam pling and analyses shall be conducted in accordance with the methods listed in Division (H) of this Sec tion. (C) Upon the written request of a community water system, the monitoring frequency required by Division (B) of this Section may be reduced by the Board to a minimum of one sample analyzed for TTHMs per quarter taken at a point in the distribution system reflecting the maximum residence rime of the water in the system. The determination of reduced monitoring frequency must be made in writing by the Board and be based upon data from at least one (1) year of monitoring in accordance with Division (B) of th is Section, which indicates compliance with the TTHM maximum contaminant level of 0.10 mg/I pursuant to Section 2401-51-26; and be based upon an assessment of local conditions specific to the system which demonstrate that total trihalomethane concentrations wi 11 be consistently below the maximum contaminant level. (0) If at any time during which the reduced monitoring frequency prescribed by Divisions (C) and (D) of this Section applies, the results from any analysis exceed 0.10 mg/I of TTHMs and such results are confirmed by at least one check sample taken promptly after such results are received, the system shall immediately begin monitoring in accordance with Division (B) of this Section and such monitoring shall continue for at least one (1) year before the frequency may be r2duced again. In the event that the system makes any significant change to its source of water or treatment program, the system :;haH immediately begin monitoring in accordance with Division (B} of this Section and such monitoring :;ha.l! continue for at least one {1) year before the frequency may be reduced again. At the discretion of the Board, a system's monitoring frequency may and should be increased above the minimum in those cases where it is necessary to detect variations ir, the TTHM levels within the distribution system. (E) Upon the written request to the Board, a community water system using only ground water sources may seek to have the monitoring frequency required by Divi;ion (B) of this Section reduced to a minimum of 0ne sample for maximum TTHM potential per year for each treatment plant used by ;he system ~nd taken at a point in the distribution system reflechng thE: maxinwrr. 1esidencc tin1e of fhe water in ·the system. The sy!>tem shall submit to the Board the resulls of at least one sample analyzed for maximum TTHM potential for each treatment plant used by the system and taken at a point in the distribution system reflecting the maximum residence time of the water in the system. The system's monitoring frequency may only be reduced upon a written determination by the Board that, based upon the data submitted by the system, the system has a maximum TTHM potential of less than 0.10 mg/I and 1h,1t, based upon an assessment oi local conditions ~peciiic to the system, the system is not likely to apixoach or exceed the maximum contaminant level ror TTHMs. The results of all analyses shall be 1r>ported to the Board within 30 days of the system's receipt of such results. All samples collected shall be u'Sed for determining whether the system must comply with the monitoring requirements of Divi sions (8}, (C}, and (D) of this Section, unless the ,ina lytical results are invalidated for technical reasons. S,1mpling and analyses shall be conducted in ,iccordance with the methods listed in Div.ision (H) of this Section. (F) If at any time during which the reduced monitoring frequency prescribed by Division (E) of this Section applies, the results from any anafysis tab:~n by the system for maximum TTHM potential are equal to or greater than 0. l O mg/I, and such results are confirmed by at least one check sample taken promptly a fter such results are received, the system shall immediately begin monitoring in accordance with Division (B) of this Section and such monitoring shall continue for at least one (1) year before the frequency may be reduced again. ln the event that the system makes any significant change to its raw water source or treatment program, the system shal I immediately analyze an additional sample for maximum TTHM potential taken at a point in the rlistribution system reflecting maxim um residence time of the v.ater in the system for the purpose of determining whether the system must comply with the monitoring requirements of Division (B) of this Section. At the discretion of the Board, the monitor ing frequency may and should be .increased above the minimum in those cases where it is necessary to detect variation<- in the TTHM levels within the distribution system. (G) Compliance with Section 2401-51-26 shall be determined based upon a running annual average of quarterly samples collected by the wstem as prescribed in Divisions (B) or (C) of this Section. If the average of samples covering any 12 month period exceeds the maximum contaminant level, the supplier of water shaH report to tl)e Board as directed by Section 2401-51 A 1 and nctify the public as directed by S,~;:;tions 2401-51-42 through 2401-51-51. (H) Sampling and analyses made pursuant to Srctio,,s 2401-51-26 and 2401-51~27 shall he rnnducted by one of the following EPA-approved methods: (1) "The Analysis of Trihalomethanes in Drinking Water by the Purge and Trap Method," Method 501.1, EMSL, EPA Cincinnati, Ohio. (2) "The Analysis ofTrihalomethanes in Drinking Water by Liquid/Liquid Extraction," Method 501.2, EMSL, EPA Cincinnati, Ohio. Samples for TTHMs shall be dechlorinated upon collection to prevent further production of trihalo methancs, . .Kcurding to the procedures described in the above two methods. Samples for maximum TTHM potential should not be dechlorinated and should be held for seven days ctt 25 degrees Centigrade (or above) prior to analysis, according to the procedures described in the above two methods. (I) · Before a community water system makes any significant modifications to its existing treatment process for the purposes of achieving compliance with Section 2401-51-26, such system must submit and obtain Board approval of a detailed plan setting forth its proposed modification and those saieguards that it will implement to ensure that the bacteriolog;. cal quafity of the drinking water served by such system wi 11 not be adversely affected by such modification. Each system must comply with the provisions set forth in the plan approved by the 11oard. Al a minimum, an approved plan shall n:quire the system modifying its disinfection practice lo: ( l l Evaluate the water system for sanitary defects and evaluate the source water for biological quality; (2) Evaluate its existing treatment practices and consider improvements that will minimize disinfect ant demand and optimize finish water quality throughout the distribution system; (3) Provide baseline water quality survey data of the distribution system. Such data should include the results from monitoring . for coliform and fecal , 111 :fori-n bc1cteria, fecal streptococci, standard plate , .' ,u111 Jt J 5 degrees Centigrade and 20 degrees C,Jntigrade, phosphate, ammonia nitrogen and total o, g-mic carbon Virus studies should be required where source waters are heavily contaminated with sewage effluent. {4) Conduct additional monitoring to assure continued maintenance of optimal biolqgical quality in. finished water, for example, when chloramines are introduced as disinfectants or when pre-chlorination 1:- being discontinued. Additional monitoring should ..ilso be required by the Board for chlorate, chlorite ,mrl chlorine dioxide when chlorine dioxide is used. .;:,1ndL1rd plate count analyses should be also be <',•quired by the Board as appropriate before and after ,my rnodifications. (5) Consider inclusion in the plan of provisions to nnintain an activedisinfectant residual th,oughout the distribution system at all times during and atter Ihe modification. (fff"1,v,• Ma)' 26, 19%1 2401-51-28 Maximum Contaminant levels for Volatile Organic Chemicals ·(Al The following maximum contaminant levels 1!.1tilP organic chemicals apply to community ,, .il~'' :>')'Sterns and n,-:,n-transient non-commun!cy w.itPr systems. Compliance with the maximum , 11nt.11ninant levels for volatile organic chemicals is c c1leti!Jted pursuant to Section 2401-51-29. Contaminant Benzene Cdrbon tetrachloride 1, 2-Dichloroethane f rkhlome:hylene Par a-0 ichlorobenzene I, 1-0ichloroethylene I, I, 1-TridiloroPthane Vinyl Chloride MCL {mg/I) 0.005 0.005 0.003 0.005 0.075 0.007 0.20 0.002 (J;, The Board identifies the following as the best technology, treatment techniques, or other means available for achieving compliance with the maxi mum contaminant levels for volatile organic chemi cals listed in Division (A) above: central treatment using packed tower aeration; central treatment using granular activated carbon for al I these chemicals except vinyl chloride. <Effectiw May 20. 19%1 2401-51-29 Volatile Organic Chemicals Sam pling and Analytical Requirements Initial sampling to determine compliance with Section 2401-51-28 shall begin immediately upon December 18, 1992 and analyses shall be completed by December 18, 1993 for both community and non-transient non-community vJater systems Analyses for the purposes of determining comphance with Secdon 2401-51-28 shall be conducted dS follows: (A) Ground water systems shall sample at points of entry to the distribution system representative of each ell but after any application of treatment. Sampling must be conducted at the same location(s) every three months for one (1) year except as provided for in Paragraph (H)(l) of this Section. (Bl Surface water systems shall sample at points in the distribution system representative of each source or at entry points to the distribution system after any application· of treatment. Surface water systems must sample each source every three mor.ths ;except as provided for in Paragraph (H)(2) of this Section. Sampling must be conducted at the same location o; a more reprssentativ:e lo,.:ation each quarter. (C). If.the system draws water from more than one source and sources are combined before distribution, the system must sample at an entry point to the distribution system during periods of normal operating conditions. (D) All community water systems and non-tran sient water systems serving more than 10,000 people shall analyze al I distribution and/or entry-point samples, as appropriate, representing all source waters beginning no later than January 1, 1988. Al I community water systems and non-transient water systems serving' from 3,300 to 10,000 people sh al I analyze all distribution and/or entry-point samples, as required in this Section, representing all source waters beginning no later than January 1, 1989. Al! other community water systems and non-transient water systems sh al I analyze al I distribution and/or entry-point samples, as required in this Section, representing all source waters beginning no later than January 1, 1991. (El The Board may require confirmation samples for positive or negative resu Its.. If a confirmation sample(s) is required by the Board or EPA, the,, the ::..:unple result(s) should be averaged with the first sample result and used for C01""!7pl iance determination in accordance with Division (I) of this Section. The Board has the discretion to delete results of obvious sampling errors from this calculation. (F) The analysis for vinyl chloride is required only for ground water systems that have detected one or more of the following two-carbon organic compounds: Trichloro-ethylene, tetrachloroethylene, 1 ,2-dichloroethane, 1, 1, 1- trichloroethane, cis-1,2-di ch loroethylene, trans-1,2- dichloroethylene, or 1, 1-dichloroethylene. The analysis for vinyl chloride is required at each distribution or entry point at which one or more of the two-carbon organic compounds were found. If the fi"rst <malysis does not detect vinyl chloride, the Board may reduce the frequency of the vinyl chloride mc,1itoring to once every three (3) years fo~ that sample hcation or other sample I ocations whi!""'.h are mo,e· .representative of the same source. Surface water systems may be fequired to analyze forvinyi chlrnide at the discretion of the Board. (G) A State or individual public .vater system may choose to composite up to five samples from one or more-public water systems. Compositing of samples is to be done in the laboratory by- the procedures listed below. Samples must be analyzed within fourteen (14) day;; of collection. If any organic contaminant listed in Section 2401-51-28 is detected in the original composite sample, a sample from each source that made up the composite sample must be reanalyzed ir:idividually within fourteen (1-i) day~ of sampling. The sample for reanalysis cannot be the. original sample but can be a dupi!-.:.:ate sample. If duplicates of the original samples ar~ not ,wailable, new s::.r;;ple:; mu$t oe takE:n fi:0:n· eac.h source used in rhe original composite and analyzed for voes. Reanalysis must be accomplished within fourteen (14) d<.1ys of the second sample. To composite samples, the following procedure must be followed: ( 1} Compositing sampfes prior to GC analysis. (a} 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. (bl the sample3 must be cooled at 4 degrees Centigrade during this step to minimize volatilization losses. (c) mix well and draw out a 5-ml aliquot for analysis. (d) follow sample introduction, purging, and desorption steps described in the method. (e) if less than five samples are used for com positing, a proportionately smaller syringe may be used. (2) Compositing samples prior to GC/MS. . (a) inject 5-ml or equal larger amounts oi each aqueous sample (up to 5 samples are allowed) into a 25-ml purging device using the sample introduction technique described in he method. (b) the total volume of the sample in the purging device must be 25 ml. (c) purge and desorb as described in the method. (H) The Board may reduce the monitoring frequency specified in Divisions (A) and (B) of this Section, as explained herein: (1) The monitoring frequency for ground- water systems is as fol lows: (a) when VOCs are not detected in the first sample (or any subsequent samples that may be taken) and the system is not vulnerable as defined in Paragraph (H)(4) of this Section, monitoring may be reduced to one (1) sample and must be repeated every five (5) years. (b} \·.1hen VOCs are not detected m th? first sample (or any subsequent samp!r0 that may be taken) and the system is vulnerable as defined in Paragraph (H)(4) of this Section: monitorin~ (i.e., one sample) must be repeated every threE: (.?,) r~ars for systems > 500 connections or every five (:i) years· for syst,.,rns less than or equal to 500 connections. (c) if VOCs are detected in the first sample (or any subsequent sample that may be taken), regardless of vulnerability, monitoring must be repeated every three (3) months, as required under Division (A) oi this Section. (2) The repeat monitoring frequency for surface water systems is as follows: (a) when VOCs are.not deteded in thi' first year of quarterly sampling (or any nther s•Jbsequent sample that may be taken) and the system :s net vulnerable as defined ir. Paragraph (HWH, mon:torin6 is only r~quired at the di!,cretion of the C;;ard. (b) wtien VOCs an~ not detected ;n tile first year of quarterly sampling (or any other subsP.quent sample that may be taken) and the system is vulnera ble as defined in Paragraph (H)(4): monitoring must be repeated every three (3) years i0r systems > 500 connections or every five (5) years for systems less than or equal to 500 connections. (c) when VOCs are d~tected in the first year of quarterly sampling (or any other subsequent sample that may be taken), regardless of vulr,erabiiity, monitoring must be repeated ever)' three {3) months, as required under Division (Bl of this Section. (3) The Board may reduce the frequency of monitoring to once per year for a ground water system or surface water system detecting VOCs at levels consistently less than the MCL for three consecutive years. (4) Vulnerability of each public water system shall be determined by the Board based upon an assessment of the following factors: (a) previous monitoring results; (b) number of persons served by the public water system; (cl proximity of a smaller system to a larger system; (d) proximity to commercial or industrial use, disposal, or storage of Volatile Synthetic Organic Chemicals; (e) protection of the water source. (5) A system is deemed to be vulnerable for a period of three years after any positive measurement of one or more contaminants listed in Section 2401 5 7-30, Unregulated Contaminants, or Section 2401 51-28, except for trihalomethanes or other demon strated disinfection by-products. (I) Compliance with Section 2401-51-28 shall be determined based on the results of running annual average of quarterly sampling for each sample local,on. If one location's average is greater than the MCL, then the system shall be deemed to be out of coinpl:apce immediately. If a public water system hJs a distribution system separa.blc from other parts nf the distribution system with no interconnections, r ,n ly that part of the system that exceeds any MCL as .p1~r1fied in Section 2401-51-28.wifl be deemed out nt compliance. The Board may reduce the public noti,e requirement to that portion of the system 1>\1hich is out of compliance. If any one sample result would cause the annual average to be exceeded, then the system shall be deemed to be out of compliance immediately. For systems that only take one sample per location because~, no VOCs were detected, ::omp!iance shall be based on that one sample. (J) Analysis under this Section ;hall be con ducted •Jsing the EPA 'methods prescribed in 40 CFR f 41.24fg}{10) or their equ:valent as approved by EPA. These methods are contained in ''Methods for the Ddermir,iat1on of Organic Compounds in Finish~d \t\';Jter," September 1986, available from Environmen lcl 1 Jnd Support Laboratory (EMSL), EPA, Cincinnati, OH 45268. (K) Analysis under Division (J) of this Section shall only be conducted by laboratories that have received conditional approval by the Board or EPA according to the following conditions: (1) · To receive conditional approval to conduct <111Jlyses for benzene, vinyl chlorfde, carbon tetra chloride, 1,2-dichloroethane, trichloroethylene, 1, 1 d ichlnroethylene, 1.1, 1-trichloroethane, and paradi ;,;u:obenzene the laboratory must: L,, <1nalyze Performance Evaluation samples \\fot h include these substances provided by the EPA Lnvllnn,mental Monitoring and Support Laboratury or 1'qu1valent samples provided by the Board. (hl achieve quantitative acceptance limits under Pc11c1graphs (K)(l )(c)·and (K)(l)(d) of this Section for at b1st six of the seven subject organic chemicals. (c/ achieve quantitative results on the analyses Jl(•riiirrned under (K)(1)(a) of this Section thal are within :t. 20 percent 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/I. (d) achieve quantitative results on the analyses performed under (K)( 1 )(a) of th is Section that are within ± 40 percent of the actual amount of the substances in the Performance Evaluation sample when the actual amount is less than 0.010 mg/I. (el achieve a method detection limit of 0.0005 mg/I, according to the procedures in 40 CFR Part 136, Appendix B. (f) be currently approved by EPA or Board for the analyses of trihalomethanes under Sections 240 l 51-26 and 2401-51-27. (2) To receive conditional approval ior vinyl chlnride the laboratory must: (a) analyze! Performance Evaluation .;amples provided by the EPA Environmental Monitorin6 and Support Laborarory or equivalent samples prcv1ded by the Board. (b) achieve quantitative results on the a:;a:yses performed under (K)( 1 )(a) of this Section that are within ± 40 percent of the actual amount of vinyl chloride in the Performance Evaluation sample. (c) achieve a method detection limit of 0.0005 mg/I, according to the procedures in 40 CFR Part 136, Appendix 8. (d) receive approval or be currently approved by the Boan) or EPA under Paragraph (K)(1) of this Section. · (L} The Board has the authcttity to allow the use of monitoring data collected after January 1, 1983, for purposes of moniwring compliance. If the data is consistent witr. the C'ther requirerr:erts in this Para, graph~ the Board may use that data to represent the initial monitoring (f the system is determined by the Board not to be vulnerable under the requirements of this Section. (I\\) The Board may increase required moni!oring where necessary to detect variations within the system. (N) Each approved laboratory must determine the method detection limit (MDL), as defined in Appen dix B of 40 CFR Part 136, at which it is capable of detecting VOCs. The acceptable MDL is 0.0005 mg/I. This concentration is the detec:tton level for purposes of Divisions {El. (Fl, (Gi, and (H) of this Section. 2401-51-30 Special Sampling Requirements for Unregulated Organic Chemicals (A) List of Unregulated Organic: Contaminants. All community and non-transient non-community water systems shall monitor for the 36 unregulated organic chemicals listed below except a5 provided for in 2401-51-31(E). (1) Chloroform; (2) Bromodichloromethane; (3) Chlorodibromomethane; (4) Bromoform; (5) trans-1,2-Dichloroethylene; (6) Ch lorobenzene; (7) m-Oich lorobenzene; (8) Dichloromethane; (9) cis-1,2-Dichloroethylene; (10) o-Oichlorobenzene; (11) Dibromomethane; (12) 1,2-Oichloropropene; (13) Tetrachloroethylene; (14) Toluene; (15) p-Xylene; ,(16) a-Xylene; (17) m:Xylene; (18) 1, 1-Dichloroethane; (19) 1,2-Dichloropropane; (20) 1, l ,2,2-Tetrach loroeth ane; (21) Ethyl benzene; (22) 1,3-Oichloropropane; (23) Styrene; (24) Chloromethane; (25) Bromomethane; (26) 1,2,3-Trichloropropane; {27) 1, 1, 1,2-Tetrachloroethane; (28) Chloroethane; (29) 1, 1,2-Trichloroethane; (30) 2,2-Dichloropropane; (31) o-Chlorotol uene; (32) p-Chlorotoluene; (33) BromQbenzene; (34) 1,2-Dichloropropene;. (35) f:thyl·ene: dibromide CED£;); (36) 1,2-Dibromo-3-chl,jropropane (DSCP} (B) Additional Unregulated Organic Contami nants. Monitoring for the 15 unregulated organic contaminants listed below may be required at the discretion of the Board. (1) 1,2,4-T rimethylbenzene; (2) 1,2,4-T richlorobenzene; (3) 1,2,3-Trichlorobenzene; (4) n-Propylbenzene; (5) n-Butylbenzene; (6) Napthalene; (7) Hexach lorobutadiene; (8) 1,3,5-Trimethylbenzene; (9) p-lsopropyltol uene; ( 10) lsopropylbenzene; (11) Tert-B utylbenzene; (12) Sec-butylbenzene; (13) Fluorotrichloromethane; ( 14) Dichlorodifluoromethane; ( 15) Bromoch loromethane. 2401-51-31 Unregulated Organic Chemical Sampling and Analytical Require ments (A) Al I community and non-transient non-com munity water systems shall monitor for the contami• nants prescribed in Section 2401-51-30 by the dates specified below: (1) Systems serving over 10,000 persons shall begin monitoring no later than January 1, 1988. (2) Systems serving from 3,300 to 10,000 persons shall begin monitoring no later than January 1, 1989. (3) Systems serving less than 3,300 persons shall begin monitoring no later than January 1, 1991. (Bl Surface water systems .shall sample at points in the ·distribL!lion system representative of each water source or at entry points to the distribution system after any application of treatment. The minimurr number of samples is one year of quarterly samples. (C) Ground water systems shall sample at points of entry to the distribution system representative of each well after any application of treatment. The minimum number of samples is one sample per" ntry point to the distribution system. (D) The Board may require confirmatory samples for positive or negative results. {E) Community water systems and non-transient non-community water systems must monitor for EDB and DBCP only if the Board determines th:i.t they are vulnerable to contamination by either or both of these substances. For the. purpose ofthis Paragraph, a vulnerable system is defined as a system.which is potentially contaminated by EDB and DBCP, includ ing surface water systems wh~ re these tvvo corn pounds are applied, manufactured, stcired; disposed of, or shipped upstream, and fo,· ground wat,,, systems in areas where the compounds are applied, manufactured, stored, disposed of, or shipped in the ground water recharge basin, or for ground water systems that are in proximity to underground storage tanks that contain leaded gasoline. {F) Public water systems may use monitoring data collected any time after January 1, 1983, to meet the requirements for unregulated monitaring, provided that the monitoring program was consistem with the requirements of Sections 2401-51-28 through 2401-51-31. (G) All community and non-transient non-com munity water systems shall repeat the monitoring required in this Section no less frequently than every five (5) years from the dates specified in Divisi9n (A) of this Section. (H) States or pub I ic water systems ma) composite up to five samples \vhen for substances in Section 2401-51-30. {I) Analyses under Sections 2401-SJ-28 through 2401-51-31 shall be co'nducted using the recom mended methods as prescribed in 40 CFR l 4 l .40{g). (J) Analyses under Sections 2401-51-28 through 2401-51-31 shall only be conducted by laboratories dpproved under 2401-51-29{K). In addition to the requirements of 2401-51-29(K), each laboratory analyzing for EDB and DBCP must achieve a method detection limit for EDB and DBCP of 0.00002 mg/I, according to the procedures in Appendix B of 40 CFR Part 136. iE!feClivc May 26, 19%) 2401-51-32 Maximum Contaminant levels for Radionuclides The following are the maximum contaminant !t:vels for radionuclides which apply to community wdter systems: . (A) Combined Radium~226 and Radium-2213: 5 pCi/1. (B) Gross Alpha Particle Activity (including radium-226 but excluding radon and uranium): 15 pCi/1. (C) Beta Particle and Photon Activity from Man-Made Radionuclides: {1) The average annual concentration of beta particle and photon radioactivity from man-made rJdionuclides in drinking water shall oot produce an .111nual dose equivalent to the total body or any inrernal organ greater than four {4) millirem/year. (2) Except for the radionuclides listed in Table A, the concentration of man-made radio.mclides causing t millirems total body or organ dose equivalent shall be calculated on the basis of a 2 liter per day drinking water intake using the 168 hour data listed in "Maximurn PNmissible Body Burdens ::ind Maximum Permissible Concentration of P.ad•0 nuclides in Air or Water for Occupational Exposure," N;citional Bureau of Standards Handbook 69. If two or more radionuclides are present, the sum of their ,111nual dose equivalent to the total body or to any ,1r~,111 5hall not exceed 4 millirem/year. IH1- 11\1' 1\1,"" !(,. \1Jt)f1) TABLE A AVERAGE ANNUAL CONCENTRATIONS ASSUMED TO PRODUCE A TOTAL BODY OR ORGAN DOSE OF 4 MllLIREM/Y[:AR lri1ium •,ir, ,nlium-90 Critical Organ Total Body Bone Mdrrow pCi Per Liter 20,000 8 2401-51-33 Radionuclides Sampling and Analyt ical Requirements (i\J Monitoring requirements for gross alpha p,urwle .:ict1vity, radium 226 and radium-228. ( I J lniti.il sampling to determine compliance with Section 2401-51-32 shall begin immediately upon the December 18, 1992 effective date of these regulations and the analysis shall be completed within one year of that dates. 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. (a) a gross alpha particle activity measurement may be substituted for the required radium-226 and radium-228 analysis provided that the measured gross alpha particle activity does not exceed 5 pCi/1 at a confidence level of 95 percent {1.96I where Lis the standard deviation of the net counting rate of the sample). In localities where radium-228 may be present in drinking water, it is recommended that the Board require radium-226 and/or radium-228 analyses when the gross alpha particle activity exceeds 2 pCi/1. . (b) when the gross alpha particle activity exceeds 5 pCi/1, the same or an equivalent sample shall be analyzed for radi um-228. (2) For the initial analysis required by Paragraph (A)(l) of this Section, data acquired within one year prior to December 18, 1992 may be substituted at the discretion of the Board. (3) Supplies of water shall monitor at least every four years following the procedure required by Para graph (A){l) of this Section. At the discretion of the Board, when an annual record taken in conformance wi.th Paragraph (A){l) of this Section has established that the average annual concentration is less th«fl half the, maximum contaminant level established by Section 2401-51-32, analysis of a single sample may be substituted for the quarterly sampling p1ocedure required by Paragraph (A)(l) oi this Section. (a) more frequent mc:iitor111g shall be conducted when ordered by the Board in the vicinity of mining or other operations which may contribute alpha particle radioactivity to either surface or ground water sources of drinking water. (b) a supplier of water shall monitor in conior mance with Paragraph {A)(l) of this Section within one year of the introduction of a new water source for a· community water system. More frequent mo;iitoring shall be conducted when ordered by the Board in the event of possible contamination or when changes in the distribution system or treatment processing occur which may increase the concentra tion of radioactivity in finished water. (c) a community water system using two or more sources having differer;it concentrations oi radioactivity shall monitor source water, in addition to water from a free-flowing tap, when ordered by the Board. (d) monitoring for compliance with Section 2401-51-32 after the initial period need not include radium-228, except when required by the Board, provided that the average annual concentration of rad i um-228 has been assayed at least once using the quarterly sampling procedure required by Paragraph (A)(l) of this Section. (e) suppliers of water shall conduct annual monitoring of any community water system in which the radium-226 concentration exceeds 3 pCi/I, when ordered by the Board. (4) If the average annual maximum contaminant level for gross alpha particle activity or total radium as set forth in Section 2401-51-32 is exceeded, the supplier of a community water system shall give notice to the Board pursuant to Section 2401-51-41 and notify the public as required by Sections 2401 51-42 through 2401-51-51. Monitoring at quarterly intervals shall be continued unti! the annual average concentration no longer exceeds the maximum contamina:1t level oi- until a moriitoring schedule as a condition to a variance, exemption or enforcement action ::hall become effective. (B} Monitoring Requiremen,s ior Manmade Radioactivity in Community Water $y$tems. (1) By December 18, 1992, systems using surface water sources and serving n11Jre than 100,000 persons and such other community v,ater systems as .:ire designated by the Board shall be monitored for compliance with Section 2401-51--12 by analysis of a composite of four consecutive quarterly samples or analysis of four quarterly samples. Compliance with Section 2401-51-32 may be assumed if the average annual concentration of gross beta particle activity is less than 50 pCi/1 and if the average annual roncen trations of tritium and strontium-90 are ies5 than those li:::ted in Table A, provided that if both tadio nuclides are present the sum of their annual dose equivai1:::nts to bone •narrn•·,• sha!I rwt exO;!{!d 4 milliremiyear. (a) if the gross beta particle activity exceeds 50 pCi/1, an analysis of the sample must be performed to identify the major radioactive constituents present L1nd the appropriate organ and total body doses ghall be calculated to determine compliance with Section 2401-51-32. (b) suppliers of water shall coriduct addifional monitoring, as ordered by the Board, to determine the concentration of man-made radioactivity in principal watersheds design2ted by the Board. (c) at the discretion of the Board, suppliers of water utilizing only ground waters may be required 10 monitor for man-made radioactivity. (2) For the initial analysis required by Paragraph (6)(2) of this Section, data acquired within one year prior to December 18, 1992, may be substituted at the discretion of the Board. (3) After the initial analysis required by Para graph (8)(2) of this Section suppliers of water shall monitor at least every four years following the procedure given in Paragraph (8)(2} of this Section. (4) The supplier of any c0mmunity water system designated by the Board as utilizing waters contami nated by effluent from nuclear facilities shall immedi ately initiate quarterly monitoring for gross beat partjcle and iodine-131 radioactivity and annual monitoring for strontium-90 and tritium. (a) quarterly monitoring for gross beta particle activity shall be based on the analysis of monthly samples or the analysis of a composite of three monthly samples. The former is recommended. if the gross beta particle activity in a sample exceeds 15 pCi/I, the same or an equivalent sample shall be analyzed for stronti um-89 and cesi um-134. If the gross beta particle activity exceeds 50 pCi/I, 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 compljance wit'. Sect1•;11 2401-51-32. (b} for iodine-131, a composite of five wnsecu tive daily sampie:; shall be analyzed once ear:h quarter. As ordered by the Board, mor'= frequent monitoring shall be conducted when iodine-131 is identified in the finished water. (c) annual monitoring for strontium-S') and tritium shall be conducted by means of the analysis of a composite of four consecutive quarterlr samples or analysis of four quarterly samples. The latter procedure is recommended. (d} the Board may allow the substitution of environmental surveillance data taken in conjunction with a nuclear facility for direct monitoring of rnan-made radioactivity by the supplier of w:a1er where the Board determines such data is appiicable to a particular comm1mity water system. (5) If the average annual maxim urn cont: :i;iani level for man-made raclioactivity set forth in Sei:::thm 2401-51-32 is exceeded, the operator of a community water system shall give notice to the Board pursuant to Section 2401-51--41 and to the public as required by Sections 2401-51-42 through 2401-'.:, 1-51. Monitoring at monthly intervals shall be c.ontinued until the concentration no longer exceeds the maximum contaminant level or untii a monitoring s-;hedule as a condition to a variance, exemption or enforcement action shall become effective. (6) Analyses madetodeterminer:orripliance with Section 2401•51-32 shall be made in accordance with procedures prescribed by 40 CFR 141.25. ll flt>ctive Mav 26, 19 %) 2401-51-34 Special Monitoring for Sodium (A) Suppliers of water ior community water systems shall collect and analyze one ( 1) sample per treatment plant at the entry point oi the distribution system for the determination of sodium concentration levels. Samples must be collected and analyzed annually for systems using surface water sources in whole or in part, and at least every three years for systems using solely ground water sources. The minimum number of samples required to be taken by the system shall be based on the number of treatment plants used by the system, except that multiple wells drawing raw water from a single aquifer may, with the approval of the Board, be considered one I reatrnent plant for determining the minimum number of samples. The supplier of water may be required by the Board to collect and analyze water samples for sodium more frequently in locations where the sodium content is ;variable. (B) The supplier of water shall report to the Board the results of the analyses for sodium within the first 10 days of the month following the month in which the sample results were received or within the first 10 day;; fol lowing the end of the required monitoring period as stipulated by the Board, whichever of these is first. If more than annual ,dmpling is requirnd the supplier shall report the ,iverdge sodiun, concentration within 10 days of the month following the month in which the analytical results of the la ,t sample used for the annual average were received. (C) The Board shall notify appropriate local pub I ic health officials of the sodium levels by written notice by dir-: ,ct mai.1 within three months. (D) Analy~es for sodium shall be performed by the flame photometric method in accordance with the procedures described in "Standard Methods for the [xamination of Water and Wastewater;" 14th Edition, pp. 250-253; or by Metf,od 273.1, Atomic Absorp 1ir111-Direct Aspiration, or Method 273.2, Atomic i\bsorptior: -Graph :tp Furnace, in "Methods ior Ci1emical Anaiysis of Water and Waste," EMSL, Cincinnati, EPA, 1979; or by Method 01428-64(a) in Annual Book of ASTM Standards, Part 31, Water. !Hf•<:lh~ M,iy 2&. !996) 2401-51-35 Special Monitoring for Corrosivity Characteristics (Al Suppliers of water for community water systems shall collect samples from a representative Pntry poi,1t to the water distribution system for the : ), ; rp.i~e:: of analysis to determine the corrosivity , l1<1r.icterisrics oi the wate,. (7 l The supplier shall collect two (2) samples per 1 rP,1trnent plant for analysis for each plant using suriace water sources wholly or in part or more if required by the Department: one during mid-winter and one during mid- summer. The supplier of the water sh al I collect one (1) sample per plant tor analysis for each plant using ground water sources or n1orP if required by the Board. The minimum 11umber oi samples required to be taken by the ~ystem shall be based on the number of treatment 1•l.1nh u~ed by the system, except that multiple wells drawing raw water from a sjngle aquifer may, with the approval of the Board, be considered one treatment plant for determining the minimum number of samples. , (2) Determination of the corrosivity characteris tics of the water shall include measurement of pH, calcium hardness, alkalinity, temperature, total dissolved solids (total filterable residue), and calcula tion of the Langlier Index in accordance with Divi sion (C) of this Section. The determination of corrosivity characteristics shall only include one (1) round of sampling (two samples per plant for surface water and one sample per plant for ground water sources). The Board may require more frequent monitoring as appropriate. The Board may also ~e<1uire monitoring for additional parameters which 1ndicate corrosivity ch.aracterl5tics, such as chlorides and sulfates. In certai,1 cases, the Aggressive Index, as described in Division (C) of this Section, rnay be approved by the Board for use instead of the Langlier Index; the supplier shatt request in writing to the Board. (B) The supplier of water shall report to the Board the results of the analyses for the corrosivity characteristics within the first 10 days of the month following the month in which the sample results were received. If more frequent sampling is required by the Board, the supp/1er can accumulate the data and can report each value with in 10 days of the month following the month in which the analytical results of the last sample were received. (C) Analyses condu:::ted to determine the corrosivity of the Wdter shall be m?.de in accordance with the metho::ls 2:id proc>a'dllff~c described in 40 CFR 14 l .42(c). (D) Community water supply systems shall identify whether the following construction materials are present in their distribution system and report to the Board: (1) Lead from piping, solder, caulking, interior lining of distribution mains, alloys and home plumbing. (2i Copper from piping and alloys, service lines, and home plumbing. (3) Galvanized piping, service Ii nes, and home plumbing. (4) Ferrous piping materials such as cast iron and steel. (5) Asbestos cement pipe. ffflcct 1v.[I M.w :!G, 1 ~Jiif,I 2401-51-36 Prohibition on Use of lead Pipes,· Solder and Flux (A) lt is prohibited to use, after June 19, 1986, any pipe, solder, or flux that is not lead-free, as that term is defined in Section 2401-51-03, in the installation or repair of: ( l) Any public water system, or (2) Any plumbing in a residential or nonresiden tial facility providing water for human consumption which is connected to a public water system. This prohibition shall not apply to leaded joints necessary for the repair of cast iron pipes. (8) Each public water system shall identify and provide notice to persons that may be affected by lead contamination of their drinking water where such cobtamination results from either or both of the following: (1) The lead content in the construction materials of the pub I ic water distribution system, (2} Corrosivity of the water supply sufficient to cause leaching of lead. Notice shall be provided notwithstanding the absence ni a vio1ation of any national drinking watt>r standard. "The 1nanr1,~r and form or nol!ce are specified in Section 2401-51-48. (C) The requirements of ~hrs Section shall become effective Jurie 19, ,:·,, ;~, and shall be enforced through plumbing each.:;, or such other rn'."::-11s oi enforcement as the Board may determine to be appropriate. (Etlective M•• ,26, l 9961 2401-51-37 Use of Point-of-Entry Treatment Devices (A) Public water. systems may use point-of-entry devices ti.i comptywith maximum contaminant levels only if 1·1ey 1r1eet the requirements of this Section. (BJ It is ,he responsibility of the pub!ic water system w operate and mai11taln the polnt-0f-entry treatrner t svstem. (CJ T:1e p\miic w.1.ter syste'.Tl muse de;,eic;p and obtain fr,e approval of the Board fc.:: " monitoring plan before point-of-entry devices are installed for compliance. Under the approved plan, point-of-entry devices must provide health protect;on equivalent to central water treatment. "Equivalent" means that the water would meet all national primary drinking water regulations 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 observ2 tions such as total flow treated and mechanical condition of the treatment equipment. tD) Efiective technology must be properly applied under a plan approved by the Board and the microbiological safety of the water must be main tained. (El The Board must require adequatecertification of performance, rield testing, and, if not ir1cluded in 1he certification process, a rigorous engineering design review of the point-of-entry devices. (F} The design and application of the point-oi-en 1 ry devices must consider the tendency for increases in heterotrophic bacteria concentrations in water treated with activated carbon. It may be necessary to use frequent backwashing, post-contact disinfection, and Heterotrophic Plate Count monitoring to ensure that the microbiological safet\' of the water is not compromised. (G) All consumers shall be protected. Every building connected to the system must have a point-of-entry device installed, maintained and adequately monitored. The Board 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. (Hl,>c1iv,:> May J6, 199&! 2401-.C: 1-38 Use of Other Non-Centrali ;,,d Treatment Devices . Public wate1 systems shall not use bottl0d w;iter or point-of-use devices to achieve compliar,:>' v,:r,, ,:in MCL Bottled water or point-of-use devicp~ may be used on a te1nporary basis to avoid an unreasonable risk to health. (Etleoive May 26, 1996, OPERATORS CERTIFICATION AND REPO~TING 2401-51-40 Operators Certification Two years after the establishment of a training and certification program,. each public water supply system shall be unde; ;he technical supervision of c1 certified operator, certiiicalion to be granted by the Board or by another agencv recognized by the Br•;:irri. (Erfeoive May 26, 19%, 2401~51-41 Reporting Requirements (A) Except where a shorter period is specified in this part, the supplier of water must report to the Board the results of any test, measurement or analysis required by this part within: (1) The first ten {10i days rollowing the month in which the result is received, c,r (2) The first ten (10) days iol lowing the. end of the reqLlired monitoring period JS stipulated by the Board, whichever of these is the shorte,;t. (B) Except where a different reporting period is specified in th is part, the suppl 1er oi water must report to the Board within forty-eight (48) hours the failure to comply with any MCL drinking water standard (including failure to comply with monitoring requirements) set forth in this part. (C) The \vater supply S)'$lem, within ten (10) days of com pl et ion of each pub I ic notification required pursuant to Section:; 2401-51-42 through 2401-51-51, shall subinit to the Board a representa tive copy of each type of notice c:stributed, pub Ii \hed, posted, and/or made available to the persons ~t~rved by the system and/or to the media. (0) The water supply system shall submit to the Goard within the time stated in the request copies of .rny records required to be maintained under Section 2401-51-52 hereof or copies of any documents then in existence which the Board is entitled to inspect pursuant to its statutory and regulatory authorities. (El The water supply system required to comply with the disinfection and filtration requirements of 5(~ctions 2401-51-75 through 2401-51-82, must also rnmply with reporting requirements as specified in ,·( 1ions 2407-51-83 and 2401-51-84. (Fl The Nationc:d Primary Drinking Water l,0gu I ations, as set forth in the July 1, 1993 edition of 10 CFR Section 14:. 90 are hereu~• adopted by re, ~'re nee. (C) In the event of any conflict between the Nal,cnat Primary Drinking Water Reg,!lations adopted by reference in the preceding Div;sion and existing Republic of Palau Environmental Quality Protection l5oard Water Supply System Regulations, the more qringent standard or requi1emc:'1t shall be applied. a I if•, tL,.-..~ M.~y 2'1, 19-IJ61 l'UBLIC NOTIFICATION AND RECORD KEEPING 2401-51-42 Public Notice For Maximum Co11 taminant Levei, Treatment Tech nique, and Variance and Exemp tion Schedule Vi, ·!atic•~,:; The owner or operator of a public W,l';;:r system -.,hid, fails tc comply with an .-ppl,;c;.:ble 'Tlaximum 1Tm\;mi,1a;-;t level or treatment technique or which i,1ils ro comply with the requirements of any s<.nedule pn~scribed by the Board pursuant to t!. v;-;riance or ,,,;pmption, shall notify persons served by the system .,, 1ndows•: (AJ For any maximum contaminant level or ;rr,atment violation technique that does not pose an 1cute risk to human health, except as provided ior in 0ivision (D) of this Section, notice shall be: (l l By publication in a daily newspaper oi general circulation in the areas served by the system JS soon as possible, but in no case !ater than fourteen 114) days after the violation or failure. If the area , •i \'Pd by a pub I ic \vater system is not served by a , iciilv newspaper of general circulation, notice shall ·i--h.•c1d be given by publication in a weekly newspa , .. , i1· gPneral circulation serving the area. It the area ,·r\ ,·d by J public water system is not served by a ·wd,ly newspaper or genero.!circu!ation, notice sh,i!l 111qpc1cf be given by a public service announcement 1 )n the principal radio st.:1tion serving the area to be broadcast a minimum of four times a day ior five (5) , onsecutive days; and (2) By mail delivery (by direct mail, or with the water bill), or by hand delivery not later than forty-five (45) days after the violation or failure. The Board may waive mail or hand delivery if it deter mines that the owner or operator of the public water systerri in violation has corrected the violation \\'ithin the forty-five (45) day period. The Board must make the waiver in writing and within the forty-five (45) day period. (B) For any maximum contaminant level or treatment technique violation that may pose an acute risk to human health, except as provided for in 0ivi• sion (D) of this Section, notice shall be made by furnishing a copy of the notice to the principal radio and television stations serving the area served by the public water system as soon as possible but in no case later than sevl?nty-two (72) hours after the violation. The following violations are acute violati ans: (1) Any via!ations specified by the Bo.:ird as posing an acute risk to human health. (2) Violation of the MCL for nitrate as defined in Section 2401-51-22 (3) Violation of the MCL for totai co!iiorrns. when fecal coliforms or E. Coli are present in the water distribution system as specified in Section 2401-51-12(8). (4) Occurrence of a waterborne di~ease out break, as defined in Section 2401-51-03, in an unfiltered system subject to the rE:Qui rements of Sections 2401-51-75 through 2401-51-84. (C) Except as provided in Division~ (D) a;1d (LJ (•f thisSection, following the initial notice 6•vc:, u,,de,· Division (A) d t'1is Section, the owner or opt:-"ator ·~; the public -.nter '.:ystern shall furni:h noti'.~, dt ie:;;,, once every t:wee 13) months by mail delivn1..: (b1 direct mail or with the water bill) or by hand delivery for as long as the violation or failure exists. (D) In lieu of the requirements of Divisions (A) and (8) of this Section, the owner or operator of a community water system in the area that is not served by a daily or weekly newspaper of general circulation or a television or radio station, must give notice by hand delivery or by continuous posting in conspicu ous places within the area served by the system. Notice by hand delivery or posting must begin as soon as possible, but no later than seventy-two (72) hours after the violation or fai I ure for acute violations, or fourteen ( 14) days after the violation or iai I ure for any other violation. Posting must continue for as long as the violation or iailure exists. Notice b') hand delivery. must be repeated at least every three (3) months for as long as the violation or failure exists. (El In lieu oi the requirements of 0iv1s1011s (f\) and (B) of this Section, the owner or operdtor of a non-community water system may give notice by hand delivery or by continuous posting in conspicu ous places within the area served by the system. Notice by hand delivery or posting must begin as soon as possible, but no later than seventy-two (72} hours after the violation or failure for acute violations, or fourteen (14) days after the violation or failure for any other violation. Posting must continue for as long as the violation or failure exists. Notice by hand de I ivery must be repeated at least every three (3) months for as long as the violation or fai I ure exists. (F) The owner or operator may give notice to only a portion of the population served if it can clearly demonstrate that only a segment of the water system is affected by the problem which results in the need for pub I ic notice. (I f11.'CLive May 26. I 9961 2401-51-43 Public Notice for Other Violations, V'lriances, Exemption The owner o, operator of a pub I ic water system sh al I notify persons serv0d by the system whenever the system fails to cornply with any of the monitoring ,rnd analytical requiremsnts pursuant to Sections ~401-51-11 through 2401-51-39 of these Regulations; ur is granted a variance, exemption or exclusion; or is subject to a comp I iance agreement, or enforcement Jction, relating to an applicable maximum contami nant level; or fails to comply with the requirements of any schedule prescribed in any such document. Such notice shall be given as follows: (A) Except as provided in Divisions (C) and (D) of this Section, the owner or operator of a public water system must give notice within three (3) months after the sampling violation or the g.anting of ..1 variance, exemption, exclusion; or the imposition of a com pi iance agreement or enforcement action; or viol.1ting the req 1iremen'.' there::"Jf, by pL,blication in d Jaily 11.::wspaper ot genera! circulation in the area served by the system. It the area served by the public water system is not serJed by a daily newspa per of general circulation,. notice shall instead be given by pubiication in a weekly newspaper of general circulation serving the area. If the area served by the public water system is not served by a newspaper of weekly publication, notice shal I instead be given by a public service announcement on the principal radio station servi:1g the area a m1nimurr, of iour rimes a day for five consecutive days. (B) Except as provided by Divisions (C) dnd \D) 111 rhis Section, following the initial notice given under Division (A) of this Section, the owner or operator of a public water system shall furnish noUce c1! least once every three (3) months by direct mail, or by hand delivery, for as long as the condition for which the initial notice was given· exists. Repeat notice of the e:,istence of a variance or exemption must be given every three (3) months for as long as the variance or exemption remains in effect. (Cl In lieu of the requirements of Divisions (A) .ind (Bl of this· Section, the owner or operator of a community water system in an area that is not served by a daily or weekly newspaper of general circulation or a radio station must give notice, within three (3) months of the violation or granting of the variance or exemption, 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 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. Repeat notice of the existence of a variance or exemption must be given every three (3) months for as long as the variance or exemption remains in effect. (0) In lieu of the requirements of Divisions (Al and (Bl of th is Section the owner or operator of a nori-community water system may givE. :,otice, within three (3) months of the violatlon or the granting of the variance or exemption, by hand del 1very or by continuous posting in conspicuous places within the area served by the system. Posting must continue for as lot1g as the violation exists, or a variance or exemption remains in effect. l'~otice by hand delivery must be repeated every three (3), months for as long as the violation exists or a variance or exemption remains in effect. Repeat notice of the existence of a variance or exemption must be given every three (3) months for as long as the variance or exemption remains in effect. (fffectiw Mly 26. 1996) 2401-51-44 Public Notice To New Bil!in!! Unit.:. The owner or orerator of z. commm1ih1 wat~r system must give a copy of the most i-ec.cnt public notk:·e for any outstanding violation of any maximum contaminant level, or treatment techr/que require ment, or any variance or exemption schedule to all new billing units or hookups prior to or at the time service begins. (Hfec1 rw May 26, 19%1 2401-51-45 Content of the Public Notice (A} Each notice shall be bi-lin5ual, written and/or spoken in both Palauan and English. (8) Each notice shall provide a clear and readiiy understandable explanation of the violation, any potential adverse healti1 effects, the population at risk, the steps that the public water supply system is taking lo correct such violation, the necessity for using Jlternative water supplies, if any, and any preventa tive measures the consumer should take to minimize exposure until the violation is corrected. (C) Each notice shall be conspicuous and shal I not contain any unduly technical language, unduly smal I print, or other problems that frustrate the purpose of such notice. (D) E;ich notice shall include the telephone number oi the owner or operator, or designee of the public water system as a source of additional mtnr111Jtion concerning the notice. ·In•• H~, f,,1,1\ ..!1,, 11J1Jf1~ 2401-51-46 Mandatory Health Effects Informa tion \1\/hen providing the information on potential ,1dwrse health effects required by Section 2401-51-45 in notices of violations of maximum contaminant levels or treatment technique requirements, ornotices n( the granting of the continued existence of exemp t ions or variances, or notices of failure to comply wiih ,, variance or exemption schedule. the owner or 01wr,ii0r of a public water supp(y · system shall , 11 It 1dl:' I he languJge specified by the EPA for each of llw ,·ontaminants listed in Sections 2401-51-1 l through 2401-51-39. The Board hereby adopts and HH orporates by reference EPA's mandatory health t'tiects language, 40 CFR 141.32(e)(1-14). ~I hf"t'!tl:1· M,I\ U1, 11JY6) 2401-51-47 Specific Public Notice Require ments for Fluoride (,-\) The supplier of water for community and nnn-1ransient, non-community water systems that ,•,.;:ceed 2.0.mg/l for fluoride as determined by the last • -i::i,~ s,unple taken in accordance with the require ; !••111s (iJ Sections -2401-51-22 and 2401-51-23 ::>f 1 ! , :s1' Re~ulations but do not exceed the MCL for :l1, ,,·;de .,s specified by Sections 2401-51-22 and ,J-H.,: <; 1-.d oi these Regulations, shall give public n, 1: i(;e to all billing units annually anci ,;[! new billing units at ~he time service begins (B) The public notice for fluoride shall contain language adopted by the Board. The language ,:pt~ciried by EPA in 40 CFR Section 143.S(b), is lwrelJy Jdopted by the Board. ,, n, ~ 11,, ,'-l,1\ ~h. 1•1trM '1-+01-51-48 Specific Public Notice Require· ments for Lead '.\1 The owner or operator each community .,. .it<.•r system and each non-transient, non-community w.ite1 system shall issue notice to persons served by the system that may be affected by lead conta;nina 11011 oi their drinking water. The Board may require subsequent notices. The owner or operator sh al I 1 lrov1de notice under this Section even if there is no ,11,1x1111um contaminant level violation for lead. mi Notice is not required to be given under I )ivision (A) oi this Section if the system demonstrates ti•" l~o.ird that the water system, including the • I( 1, ·nt 1.il Jnd non-residential portions connected to 1 iir · \\'Jter system, are lead free. For the purposes of this Paragraph, the term "lead free" when used with respect to solders and flux refers to solders and flux containing not more than 0.2 percent lead, and when used with respect to pipes and pipe fittings refers to pipes and pipe fittings containing not more than 8.0 percent lead. (C) Notice shall be given to persons served by the system either by: ( 1) Three (3) newspaper notices, one in each of three (3) consecutive months, or (2) A public service announcement on the principal radio station serving the area four times a day once a month for three consecutive months, or (3) Once by mail notice with the water bill or in a separate mailing, or (4) Once by hand delivery. (D) For non-transient, non-community water systems, notice' may be given by continuous posting. If posting is used, the notice shall be posted in a conspicuous ptice in the area served by the system and cumi11ue for three (3) months. (E) Content of Notice (1) Each notice shall be bi•lingual, written in both Pal<1ua11 and English. Each notice shall provide a clear and readily understandable expfanation of the potential sources of lead in drinking water, potential adverse health effects, reasonably available methods the user may employ to minimize exposure to lead in the drinking water, any steps the water system is taking to mitigate lead content in drinking water, and the necess;ty for using alternative water supplies, if any. (2) Each noticrc shalf also include specific advice on how to dr;>terrnine if materials containing 1ead ha·,e br.ee,. u~e,:l in homes and how to n;inimize exposure to •,N'.Her fikely to contain high feve!5 of lead. Each notice shall be conspicuous and shall not contain unduly technical language, small pririt, or similar problems that frustrate the purpose of the notice. Each notice shall contain the telephone number of the owner, operator, or designee of the public water system as a source of additional information ;egarding the notice. (3l l:ach notice shall contain language adopted by the Board. The language of 40 CFR Section 141 .34(d) is adopted by the Board. (F) Mandatory Health Effects Information. When providing the information in public notices required under this Section on the potential adverse health effects of lead in drinking water, the owner or operator of the water system sh al I include language adopted by the Board. The language specified in 40 CFR Section 141.34(d) is l1ereby adopted by the Board. (fH•'t"tl',{(' ,\1.1y .U1, (11'Jhl 2401-51·49 Submission of Notices A copy 01 all notices must be submitted within ten ( 1 O) days to the Board as verification of notification. 1rrf,•i-liw Ma\• 2<,. 11JW1} 2401-51-50 Failure to Notify The Board may give any notice to the public required under Sections 2401-51-41 through 2401 51-51 on behalf of the owner or operator of the publi~ water system if the Board complies with the requirements of this Section. However, the owner or operator of the public water sy~tem remains legally responsible for ensuring that the requirements of this Section are met. llff<'CtiVl' May 26, 19961 2401-51-51 Additional Public Notice Require ments (A) The National Primary Drinking Water Regulations, as set forth in the July 1, 1993 edition of 40 CFR Sections 141.32 and 141.85 are hereby adopted by reference. (B) In the event of any conflict between the National Primary Drinking Water Regulations adopkd by reference in Division (A) of this Section and existing Republic of Palau Environmental Quality Protection Board Water Supply System Regulations. the more stringent standard or requirement shall be ; ipplied. tWN:tiw May 26, 1 'J96l 240h5.1-52 Records Maintenance The owner or operator of a public water supp Iv sy5tem shall retain on its prem i c;es or at "i conven:~nt location near its premises ere foilowt,ng r~cords: lA) RPcords of bacteriological analyses shall be kept for· at least five (5) years. Records of chemical ,!lld radionuclide analyses shall be kept ior at least ten (10) years. Record information shall include tl.e iollowing: (ll The date, place, and time of sampling, and the name of the person who collected the sample; (2) Identification of the sample as to whether it was a routine distribution system sample, check sample, r2w or process water sample or other special r,urpose sample; (3) Date of analysis; (4) Laboratory and person responsible for performing analysis; (5) The analytical technique/method used; and (6) The results of the analysis. (B) Records of action taken by the system to , rnrect violJtions of these ~egulalions shall be Lept ror at least five (5) years aiter the last action taken with respect to the particular violation involved. (C) Copies of any written reports, summaries or communications relating lo sanitary surveys ni the system conducted by the system itself, by a private consultant, or by any National Government or United States Federal agency, shall be kept ior a period not less than ten ( 10) years after completion of the sanitary survey involved. (D) Records concerning a variance or exemption granted to the system shall be kept for a period ending not less than five (5) years following the expiration of such a variance or exemption. (El The National Primary Drinking Water Regulations, as set forth in the July l, 1 993 edition of 40 CFR Section 141. 91 are hereby adopted by reference. (F) In the event of any conilict between the National Primary Drinking Water Regulations adopted by reference in the preceding Paragraph and existing RepLbl:c of Palau Environmental Quality Protection 8oarci Water Supply System Regvlatiom, the more stringent standard or requirement shal i be applied. 1LHec1,.-e h1il\' 2u. P.19(,) 2401-51-53 Right of Entry ln addition to any other right of entry authority provided by law, the Board and its authorized representatives may, at any time, inspect pub I ic water· supply systems, take water samples, and perform tests 1n water quality, whether or not the Board has evidence that the system is in violation of any applicable legal requirement. (Ufoct,vc Ma\' 26, 19%1 \/\/ATER SUPPLY DURING EMERGENCIES 2401-5"1-54 Emergency Permits Whei,ever emergencies affecting the safety or adequacy of a public water supply SfStern requires modifications or additions thereto, the Board shall be notified. The Board may issue emergency construc ti,Jn permits with/or containing special conditions as deemed necessary for the proper safeguarding of the health of the water consumers. Plans and specifica tions covering the work as constructed under the emergency permit shall be sub:nitted to the Board as soon as reasonably possible, but in no case later than two (2} weeks after the construction work has been done. Modifications required by the Board after review of the submission shall be made promptly. ll,f('C,we May 26. 19%1 2401-51-55 Emergency Situations Three (3) types of emergencies are recognized with respect to water supply systems: (/\} Toxics Contamination. Non-potabi I ity by reason of the presence oi toxic or other con tam i nat ing substances in the supply which cannot be removed by existing treatment methods: and which, ii ingested, might be injurious to the health oi < onsurner. Presence of such substances might be idPnriried by such parameters as odor, taste, color, chemical tests, the presence of extensive fish kills in the water source, or by other evidence. In case of such an emergency the supplier of water shall: ( l) Deliver disinfected water from other suitable sources to such public consumers as hospitals and ,irn i I cir institutions. The water so delivered shall be rii~infected to the satisfaction of the Board. (2) Take appropriate steps under the supervision 1 ,, rhe Board to properly identify the nature and "•urce oi the contaminant. 0) Advise individual consumers to find other r,mergency sources of water until notified by the H1Jdl"d that the public water supply system is potable. (4) Advise individual consumers to disinfect their Prnergenc:y water supply bv either bo\ling at a rolling bnil for one (1) minute or more, or ddding one (1) tPaspoon oi 5% (five perccnl) sodium hypochlorite ~<Jlution (bleach, such as Clo,-ox, to five (5} gallons of ( .,. ii odorless water, stir ~nd. !etting it stand thirty , ,n1 111inutes before using, or as may be prescribed b11 tlw Board. In this event, the Board shall supervise : ··,, ~uppl ier's operations, and document circum 'i c11H es surrounding the contamir1ation, including its ( .wse and identification of ariy person(s) implicated 111 such contamination. (B) Mechanical Failure and/or Natural Disaster. r,,...;on-potability by reason of the inactivation of the ~,·stem due to major mechanical failure, typhoon, ea,thquake or similar disaster; In this case, the supplier will notify the Board anrl ~he water consum ••r, by the quickest available n1e.::ns of• Jmmunica· :inn. The suppl;er will also: : 1) Deliver disinfected v,·2rer· h,r, suitable ,u1nce:, 10 such public consumers :s hospitals and . ·ni1c1r institutions. rhe water so delivered shall be di,i niected to the satisfaction of the Board. (:? l Advise consumers as to where potable water 1, .. rn the piant or system may te obtained if such is ( ,nra inable. (C) Rationing of Water. If potable water is not ,1\ Jilable from the system, the supplier will advise the consumers by the fastest available means where other \\citer sources may be found in the immediate · . miry. The sJpplier shall advise individual . ,n,urners to disinfect their emergency water supply ! ,, r>1tlwr boiling at a rolling boil for one (1) minute , norr••. or adding one (1 J teaspoon of 5 "/o (five •, ,·1111 ~1Jllium hypochlorite solution (bleach, such .. Clorox) or 5% (five percent) calcium hypochlorite · r i \.,, (5) gJ! Ions of clear odor/ ess water, stir and let icind thiny (30) minutes before using, or as may be pwsuibed by the Board. The supplier shall keep on h.ind sufficient dislnfectant (sodium or calcium l1\pochlorite) for use by consumers who may not h.ive access to such disinfectants during the emer· (D) The Board shall supervise the operations of the supplier. H·Ht'Cl1q• M~y 1h 19'.J(J) VARIANCES 2401-51-56 Variances Authorized The Board may grant variances from the require ments of the water supply systems regulations under the conditions and in a manner which are not less stringent than those which may be granted under Sections 1415 and 1416 of the federal Act, except that variances from the MCL for total coliforms and variances from any of the treatment technique requirements may not be granted. 1((/oclive Ma-: ZG, 1?%1 2401-51-57 Requirements for;: Variance (A) The Board may grant one c,r more v;~riance to any public water system withi1; the P.epublic of Palau from any requirement respecting a maximum contaminant level prescribed in these regulations upon a finding that: (1) Because of characteristics oi the raw water sources which are reasonably availablr to the system, the system cannot meet the requirer.,ents respecting the maximum contaminant levels of su-:h drinking water regulations despite application of the best technology, treatment techniques, or other methods which the Board finds are generally available (ta!dng cost into consideration); and, (2) The granting of a variance wi;l not resuit ,,.7 an unrearnnable risk to the health ot pef'ic•1,<; .;:er-r~d by the system. (B} The Soard may grant one or mor~: vat iances to any public water supply system within the Republic of Palau from any requirement of a speci fied treatment technique of an applicable drinking water regulation upon a finding that the public water system applying for the variance has demonstrated that such treatment technique is not necessary to protect the health of persons because oi the nature of the raw water source of such system. (H!edive May 26, 19%1 2401-51-58 Variance Request A supplier oi water may request the granting of a vMiance bv submitting such a request in writing to the Board. Suppliers of water may submit a joint request ior variances when they seek similar vari cinces under similar circumstances. A variance request shall include: (A) The nature and duration of variance re quested; (Bl Relevant analytical results of water qua I ity sampling of the system, includirig results of relevant tests conducted pursuant to the requirements of these regulations; and (C) For any request made under Division (A) of Section 2401-51-57: (1) Explanation in iull and evidence oi the best available treatment technology and techniques. (2) Economic and legal factors relevant to ability to comply. (3) Analytical results of raw water quality relevant to the variance request. (4) A proposed compliance schedule, including the date each step toward compliance will be achieved. Such schedule shall include as a minimum the following dates: (a) Date by which arrangement for alternative raw source or improvement of existing raw water source will be completed; (b) Date of initiation of 'the connection of the alternative raw water source or improvement of existing raw water source; and · (c) Oate by which final compliance is to be achieved~ rs) A plan for the provision of safe drinking water in the case of an excessive rise in the contami nant level for which the variance is requested. (6) A plan for interim control measures during the effective period of variance. (D) For any request made under 2401-51-57(8), a statement that the system will perform monitoring and other reasonable requirements prescribed by the Board as a condition to the variance. (E) Other information, if any, believed to be pertinent by the applicant. (F) Sue::h other information as the Board may require. \Effecfr,<! May 26. 1996) 2401-51-59 Consideration of Variance Request (A} The Board shall act on any variance request submitted pursuant to Section 2401-51•58 within ninety (90) days of receipt of the request. (Bl In its consideration of whether the public water system is unable to comply with a contaminant level required by these regulations because of the nature of the raw water source, the Board sh al I consider such factors as the following: {1) The availability and effectiveness of treatment methods for the contaminant which the variance is requested. (2) Cost and other economic considerations such as implementing treatment to improve the qua! ity, of the source water or using an alternate source. (Cl In its consideration oiwhether a public water system should be granted a variance to a required treatment technique because such treatment is unnecessary to protect the public health, the Board shall consider such factors as the following: (1) Quality of the water source including water quality data and pertinent sources of pollution. (2) Source protection measures employed by the public water system. m,<'Clive May 26. I~%) 2401-51·60 Disposition of a Variance Request (A) If the Board decides to deny the application for a variance, it shall notify the applicant 'of its intention to issue a denial. Such notice shall include a statement of reasons for the proposed denial, and shall offer the applicant an opportunity to present, within thirty (30) days of receipt of the notice, additional information or argument to the Board. The Board shall make a final determination on the request wrthin thirty (30; days after receiving any additiona: information or argument. If no additional information or argument . is submitted by the applicant, the application shall be denied. (B) If the Board proposes to grant a variance request submitted pursuant to Section 2401-51-58, it shall notify the applicant of its decision in writing. Such notice shall identify the variance, the facility covered, and shall specify the period of time for which the variance will be effective. (1) For the type of variance specified in 2401-51 Sl(A), such notice shall provide that the variance will be terminated when the system comes into compli• ance with the applicable regulation, and may be terminated upon finding by the Board that the system has failed to comply •:iith any requirements of a final ,;chedule pursuant to t!-ie terms and conditions of the variance. (2) For the type of variance s~cifled in 2401-51 57(8) ,. such notice shall provide that tr;e variance ma/ be. terminated at any time upon findiug that tht oi the raw water is such that the specifiedpl 316 treatment technique for which the variance was granted is necessary to protect the health of persons or upon a trnding that th1;:; public water system has failed to comply with monitoring and other require• ments prescribed by the Board as a condition of the granting of the variance. (C} For a variance spec1iied m 2401-51-Sl(A)(l). the Board shall propose a schedule for: (1) Compliance (including increments of progress} by the public water system with each contaminant level requirement covered by the variance; and, (2) Implementation by the public water system of such control measures as the Board may require for each contaminant covered by the variance. (D} The proposed schedule ior compliance shall specify dates by which steps towards compliance are to be taken, including at the minimum, where applicable: (1) Date by which arrangement ,or an alternative 1 .iw wdter source or improvements of existing raw w.1ter source will be completed; (2) Date of initiation of the connection for the J!temative raw water source or improvement of the existing raw water source; and, (3) Date by which final compliance is to be achieved. (E) The proposed schedule may, if the public water system has no access to an alternative raw water source and can effect or anticipate no adequate improvement of the existing raw water source, specify Jn indefinite time period for compliance until a new ,ind effective treatment technology is developed at 1•ihich time a new compliance schedule shall be prescribed by the Board. {F) The proposed schedu!8 for implementation control measures during the period of variance shall specify interin1 treatment techniques, methods and equipment, and dates by which steps towards meeting the in.te:·im -:ontrol measures are to be met. (G) The schedule shall be prescribed by the Board at the time the variance is granted, subsequent to provision of opportunit/ for hearing pursuant to Section 2401-51-61. (Hf,,., iv,• May 26, 19%) 2401-51-61 Public Hearing on Variance (Al Before a variance or a schedule pursuant to Section 2401-51-60 may take effect, the Board shall provide notice and opportunity for ~'lublic hearing on the variance or schedule. A notice given pursuant to the precedi,rg sentence r.·:<1y cover m0re than one (1) such variance or schedule <"',d a hearing held pu·su1r,t to !::•.1ch nbtice shall include each of tl·i> va1<ances covered by the notice. (B) Public notice of a proposed variance or schedule and opportunity for public hearing on such ,h..111 be circulated in a manner designed to inform . 11w1 ested and potentially interested persons oi the proposed variance. The public notice shat I be posted ..11 the principal post office which serves the area of 1lw public water supply system and shall be an nounced over the radio or television station serving the area of the public water supply system. All public notices shall be bi-lingual in both Palauan and English. Requests for hearing may be subm itied by .my imerested person. Frivolous and/or insubstantial , t•quests ior hearing may be denied by the Executive l)ri1cer oi the Board. Requests must be submitted to ,lw Board within twenty (20) days after issuance oi :h,· public notice mentioned above. Hearing requests ii.11 ! 1 ncl ude the fol lowing information: ill The name, address and telephone number oi tlw ind ivi d ua I, organization or other entity requesting 1wc1nng; (2) A brief statement of the interest of the person 111,1king the request in the proposed variance or ,chedule and information that the requesting person intends to submit at such hearing; and, (3) The signature of the individual making the request, or, ii the request is made on behalf of an organization or other entity, the signature of a responsible official of the organization or other entity. (C) The Executive Officer of the Board sh al I give notice in the manner set forth in Division (8) of this Section of any hearing to be held pursuant to a request by an interested person or on the Board's motion. Notice of the hearing shall also be sent to the person requesting the hearing, if any. Notice of the hearing shall include a statement of the purpose, information regarding the time and location for the hearing, and the address and telephone number of an office at which interested per~ons may obtain further information concerning the hearing. The hearing location specified in the pub!k notice shall be within an involved state or hamlet. Notice of the hearing shall be given not less than fifteen (15) days prior to the time scheduled for the !iea,·ing. (D) A hearing conducted pursuant to Division (C) of this Section sh al I be conducted before the Board. The Board shaf I have the authority to call witnesses, receive written and oral testimony, compel necessary attendance through subpoena, and take such action as may be necessary to assure the fair and efficient conduct of the hearing. (Eflecti1•(' May 26. 19%) 2401-51-62 Final Action on Variance Within thirty (30) days after termination of the public hearing process described ;:,bove, the Board shall, taking into consideration ink,rmation obtained during the hearing and o!her reievant information, grant, deny, or grant as modified a proposed variance or schedule. (Effective May 26. 1996) 2401-51-63 Alternative Treatment Techniques The Board may grant a variance from any treat ment technique requirement of these regulations to a supplier of water, upon a showing from any person that an alternative treatment technique not included in said requirement is at least as efficient in lowering the level of the contaminant with respect to said requirement which was prescribed. A variance under this Section sha 11 be conditioned on the effective use of the alternative treatment technique which is the basis of the variance. ((f(("(."lt\l' M-,1.y 26, I~- 9f)I H0l-51-64 Variances from the Maximum Contaminant Level for Fluoride and the Maximum Contaminant Levels for Organic Chemicals The Board hereby adopts and incorporate~ by reference the identified best technology, treatment techniques, or other means available for achieving compliance with maximum contaminant levels for fluoride (40 CFR 142.61) and synthetic organic chemicals (40 CFR 142.62). 1Hrec1;ve Mas· :CG, 1996} EXEMPTIONS 2401-51-65 Exemptions Authorized The Board may grant exemptions from the requirements of the water supply systems regulations under the conditions and in a manner which is not less stringent than those which may be granted under Sections 1415 and 1416 of the federal Act, except that exemptions from the MCL for total coliforms and exemptior.s from any of the trcatmen, t0ch11ique requirements may not be granted ~f.HP-ctive MJ; UL l '1961 2401-51-66 Requirements for .'in Exemption The Board may exempt any public water system from any requirement respectir,g a maximum contaminant level or any treatmerit technique requirement, or from both, of an applicable water supply systems regulation upon a finding that: (A) Due to compelling factors (which may include economic factors) the public Water system is unable to comply with such contaminant level or treatment technique requirement; (B) The public water system was in opera,ion on the effective date of such contamination !cvel or treatment technique requirement; and, (C) The eranting of the exemption wi ! ! "Wt resu It in an W•fc€d'.;O ,able risk to h•~aith. (U(-,cti,,,- Mav 2~, l9%1 2401-51-67 Exemption Request A supplier of water may request the granting cf an exemption pursuant to this Section for a public water system by submitting a request for exemption in writing to the Board. Suppliers of water may submit a joint request for exemptions when they seek similar exemptions under similar circum~tances. Any written request for an exemption shall include the fol lcwing information: (A) The nature and duratwn of the exemption requested; (8) Relevant analytical resulrs of water quality sampling oi the system, including results oi relevant tests conducted pursuant to the requirements of these regulations; (C) Explanation of the compel I ing factors such as time or economic factors which prevent such system from achieving compliance; (D) Other information, if any, believed by the dppl icant to be pertinent to the application; (E) A proposed compliance schedule, including the date when each step toward compliance will be achieved; or, (F) Such other information that the Board may require. ([ffoctive May 26, 19%) 2401-51-68 Consideration of an Exemption Request (A) The Board sh al I act on any exemption request submitted pursuant to Section 2401-51-67 within ninety (90) days of receipt of the request. (8) In its consideration of whether the public water system is unable to comply due to compelling factors, the Board shall consider such factors as the following: (1} Construction, installation, or modification of treatment equipment or systems; (2) The time needed to put into operation J new treatment facility to replace an existing syst.:rri which is not in compliance; and (3) Economic feasibility of compliance. {Effective Mly 26, 1996} 2401-51-69 Deposition of an Exemption Re quest (A) If the Board decides to deny the application for an exemption, it shall notify the applicant of its intention to issue a denial. Such. notice shall offer the applicant an opportunity to present, within thirty {30) days after receiving such notice, additional informa tion or argument. If no additional informatio,, or argument is submitted by the applicant, the appiic.:i· tion shall be denied. (8) If the Board grants an exemption request, [t shall notify the applicant of its decision in writing. Such notice shall identify the facility covered, and shall specify the termination date of the exemption. Such notice shall provide that the exemptio,1 wil: oe terminated when the system comes into compliance with the applicable regulation, and m;i.y be termi nated upon finding by the Board that the system has failed to comply with any requiremer.ts of a final schedule issued pursuant to Section 2401-51-72. (Cl The Board shal I propose a schedule for: (1) Compliance (including increments of progress} by the public water system with each contaminant level requirement a!'d treatment requirement covered by the exemption. (2) Implementation by the public water system of such control ·measures as the Board may require for each contaminant covered by the exemption. (D) The schedule shall be prescribed by the Board within one (1) year after the granting of the exemption, subsequent to provision of opportunity for hearing pursuant to Section 2401-51-70: {fffccuv-t.• M.J\' 26. l Y96J 2401-51-70 Public Hearing on Exemption {A) Before a schedule proposed by the Board pu rsuanl to 2401-51-69(0) may take effect, the Board shLi!I provide notice and opportunity for public lwcll ing on the schedule. A notice given pursuant t~ 1 I 1e proceeding sentence may cover the proposal of more than one such schedule and a hearing held pursuant to· such notice shall include each of the schedules covered by the notice. (B) Pub I ic notice of a proposed exemption or schedule and opportunity for public hearing on such shall be circulated in a manner designed to inform interested and potentially interested persons of the proposed variance. The public notice shall be posted .ii the principal post office which serves the area of 'he pub I ic water supply system and shal I be an nounced over the radio or television station serving ·h,· .11eJ oi the public water Sl:lpply system. All public notices shall be bi-lingual in both Palauan and English. Requests for hearing may be submitted by ,11,;, 1 nterested person. Frivolous and/or insubstantial rec;uests for hearing may be denied by the Executive Officer of the Board. Requests must be submitted to the Board within twenty (20) days after issuance of the public notice mentioned above. Hearing requests shall include the following information: (1 l The name, address and telephone number of tl;f:' individual, organization or other entity requesting hearing; in A brief statement of the interest of the person ··'-· i'i1ig the request in the proposed exemption or ,chedule and information that the requesting person ;P1Pr,Gs to submit al such hearing; and, (Jl The signature of the individual making the request, or, if the request is made on behalf of an r,r"an ization or other entity, the signature of a re:ponsible official of the organization or other entity. (C) The Executive Officer of the Board shall give notice in the manner set forth in Division (B) of this Section of any hearing to be held pursuant to a n,•qLIest by an interested person or on the Board's motion. Notice of the hearing shall also be sent to 1 i1•· .H~Iso11 1\•questing the hearing, ii any. Notice of : ii,· iit~<lri ng ~hal I include a statement oi the purpose, 1n1orrniltion regarding the time and location for the iwc1ri11° ,md the address and telephone number oi an c,, ,,11in.• Jt which interested persons may obtain iurther iniorn,ation concerning the hearing. The hearing !ocJlion specified in the public notice shall be within c1n involved state or hamlet. Notice of the hearing shall be given not less than iive (5) days prior to the tiine scheduled for the hearing. (DI A hearing conducted pursuant to Division (CJ {)t this Section shall be conducted before the Board. (hr• Board shall have the authority to call witnesses, , , "Iv,· written and oral testimony, compel necessary .11;,,ndc1ncP through subpoena, and take such action as may be necessary to assure the fair and efficient conduct of the hearing. ([rt('CU'\'l" Mil)' 26, l 1JIJ6l 2401-51-71 Final Action Within thirty (30) days after termination of the public hearing process described above, the Board shall, taking into consideration information obtained during the hearing and other relevant information, grant, deny, or grant as modified a proposed exemption or schedule. [Wedil·r M'1\' 2&. 11)%1 2401-51-72 Exemptions from the Maximum Contaminant Level for Fluoride and the Maximum Contaminant Levels for Organic Chemicals The Board hereby adopts and incorporates by reference the identified best technology, treatment techniques, or other means avai I able for achieving cornpliance with maximum contaminant levels for fluoride (40 CFR 142.61) and synthetic organic chemicals (40 CFR 142.62). [(ffcct1v<> May 26. 1 ~%1 PROVISION OF ADEQUATE WATER SUPPLY BY PRIVATE DEVELOPERS 2401-51-73 Provision of Adequate Water Supply Required Thf> rirovision 0f an adequate water supply to the put.w: sr--111 h= ensured by private dt!velopers. All private develop•11ents which must serve an average of twenty-five (2"i) individuals daily with water shall be required to assist the supplier of water to the public in the development of additional water supplies or with other improvements as may be necessary due to the increased demand on the public system from the development project. This assistance may be through direct financing of water improvement projects, provision of a private water supply system for the project, or by other means acceptable to the govern ing agency and the Board. (Elfr'CIP1.("' M.Jy 26, ~ iJ 'J(,1 2401-S1-74 Failure to Provide for Adequate Water Supply The Board shall not issue any permits ior projects which will serve an average of twenty-five (25) individuals daily with water or otherwise reduce the supply or quality of water to the region in which the project is located until lhE:' adequate provision ot water is ensured. FILTRATION AND DISINFECTION 2401-51-75 General Requirements (A) These regulations establish criteria under which filtratfon is required as a treatment technique for pub[ic water systems supplied by a surface water source and public water systems supp"lied by a ground water source under the direct influence of surface water. In addition these regulations establish treatment techniques requirements in lieu of maximum contaminant levels for the following contaminants: Ciardia lamblia, viruses, heterotrophic plate count bacteria, Legione/Ja, 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 treatme.it techniques requirements. The treatment techn iq Ut: requirements consist of installing and properly operating water treatment processes which reliably adil~ve: (1) At least 99.9 percent (3-log} removal and/or inactivation of Giardia Iamblia cysts between a point where the raw water is not subject to recontamina tion by surface water runoff and a point downstream before or at the first customer; and (2) At least 99.99 percent (4-log} rr,moval 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 custortser. (B} t. public water system using a surface water source or a ground water under the direct influenc~ of surfa,:e water is considered to be in compliance wlth the requirement;, of D'.v:sil,n (A} of :his Section if it meets the filtration requirements in Sections 2401-51-77 through 2401-51-81 and the disinfection requirements in Section 2401-51-76. (C) Each public water system using ;i 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 specified by Section 2401-51-40 and other such requirements as specified by the Board. (D} The Board hereby adopts and incorporates by reference the "Guidance Manual fa:· Compliance with the Surface Water Treatment Rule," March 1991 or more recent edition, which provides guidance and information to assist public water supplies in complying with applicable requirements under this Section. (Cffec1ive May 26. l 99GJ 2401-51-76 Disinfection (A) A public water system that uses a surface water source or a ground water source under the direct influence of surface water, ;rnd that provides filtration, must provide disinfection treatment as specified in this Section beginning June 29, 1993, or beginning when filtration is installed, whichever is later. Failure to meet any requirement of this Section after the applicable date(s) specified in this Division is a treatment technique violation. (B) If filtration treatment is required by Sections 2401-51-77 through 2401-51-81 of these regulations or the Board has determined in writing that filtration treatment is required, the public water system must comply with any interim disinfection requirements the Board deems necessary before filtration is installed. (C) Each public water system which provides filtration treatment must provide the following disinfection treatment: {1) The disinfection treatment must be suffident to ensUrt! that the total treatment processes of thM system achieve at least 99.9 percent {3-log) inaci.iva1 tion and/or removal of Giardia lamblia cysts and at least 99.99 percent (4-log} inactivation arid/or removal of viruses, as determined by the Board. (2) The residual disinfectant concentration in water entering the distribution system, measured as specified in 2401-51-82(A}(5) and (8)(2), cannc;t be less than 0.2 mg/I for more than 4 hours. (3) The residual disinfection concentration;., the distribution system, measured as total chlorine, free chlorine, combined chlorine, or chlorine dioxide, as specified in 2401-51-82(A)(5) and (8){3) 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 h.acteria concentration less than or equ~J to 500/mi, measurtd as heterotrophic plate •~ount (HPC} as specified in 2401-51-82(A)(3), is deemed to have a detectable disinfectant residual for purposes of determining compliance with this requirement. Thus, the va:uf' "V" in the fol lowing formula cannot exceed 5 percen~ in one month, for any two consecutive months. V c+rl+e a+b X 100 where: a - number of instances where the residual disinfect,int concentration is measured; b - number of instances where the residual disiniectant concentration is not measllred but hetE:>rotrophic bacteria plate count (HPC) is measured; c - number of instances where the residual disinfectant concentration is measured but not detected and no HPC d e is measured; number of instances where the residual disinfectant concentration is measured but not dE:>tected and where the HPC is > 500/ml; and number of instances where the residual disinfectant concentration is not measured and HPC is .- 500/mL (..JJ If the Board determines, based on site ,p,•c iii, considerations, that a system has no means tor having a sample transported and analyzed tor 1-!PC b\' a certified laboratory under the requisite time ,.ind temperature conditions specified by Section 2401-51-82(A)(3) and that the system is providing Jdequate disinfection in the distribution system, the wquirements of Paragraph (A)(3) of this Section do not ,ipply to that system. I Ii. 'lie r..\.l}' ...'(1, l'JIJ6J 2-Hll-5"1-77 Filtration A public water system using a surface water ~ource or a ground water source under the direct in r! uence of surface water must provide treatment consisting of both disinfection, as specified in Sect'on 2--Wl-31-76, and filtration treatment which complies with the ,·equirements of Sections L701-51-78 through 2401-51-81 by June 29, 1993, unless as otherwise speclfied in this Paragraph. A public water ,ystPlll that uses a ground water source under the dire,t influence of surface water mw,t meet the 1<>r1uireme1its of this Section beginnir,g 18 months ,itrPr the Board has determined that it is under the direct influence of surface water or has determined in writing 'that filtration is required. Failu;e to meet any requirement of this Section after the date specified· in this introductory Paragraph is a treatment technique violation. IE ff,.,,1ivt• M,1)' :u •. I ~rJ{,) 2401-51-78 Conventional Filtration Treatmen! or Oirect filtration (Al For systems using conventional filtration, the 111111idity level of representative samples of a system's ;jj;, .1...,cJ water must be less than or equal to 0.5 NTU In di least 95 percent of the measurements taken each month, measured as specified in Section 2·101-51-82, except that ii the Board determines that the system is capable oi achieving at least 99.9 percent removal .md/or inactivation of Giardia lamblia cysts at some lurbidity level higher than 0.5 NTU in at least 95 percent of the measurements taken each month, the R(urd may subst:tute this highe1 turbidity limit for :h,:t ,y5te111. However, in no case may the Board <1!)I)t<>ve d lurbidity limit that allows more than l "-Tl in more than 5 percent of the scrn,ples taken . I· 11011th. lllPdsured as specified in Se,tion 2401 1 E, The tur•bidity level of representative ~amp I es ,, , ,v~tpm'~ filtered water must at no time exceed 5 "-il, 11wJ~ured as s~ecified in Section 2401-57-82. F H 11, ,\.\.1v Ht ! CJ•H,} 2401-51-79 Slow Sand Filtration 1r\t Frn systems using slow sand filtration, the turbidily level of representative samples of a system's filtered waler must be less than or equal to 1 NTU in at least 9 5 perce11t of the measurements taken each month, measured as specified in Section 2401-51-82, except that if the Board determines there is no significant interference with disinfection at a higher turbidity level, the Board may substitute this higher turbidity limit for that system. (8) The turbidity level "of representative samples of a system's filtered water must at no time exceed 5 NTU, measured as specified in Section 2401-51-82. (ffk-ctiw M,w 1& 1~1•u,1 2401-51-80 Diatomaceous Earth Filtration (A) For systems using diatomaceous earth filtration, the turbidity level of representative sctmples of a ~ystem's filtered wate~ must be less than or equal to 1 NTU in at least 95 percent of the measurement~ taken each month, measured as specified in St .... •:011 2401-51-81. (8) The turbidity level of repr~sentative samples of a system's filtered water must al no time exceed 5 NTU, measured as specified in Section 2401-51-81. {EffL'Clive May i6. {9w,} 2401-51-81 Other Filtration Technologies A public water system may use a filtration technology not listed in Sections 2401-51-78 through 2401-51-80 if it demonstrates to the Board, using pilot plant studies .or other means, that the alternative filtration technology, in combination with disir,fection trE.:atment that meets the requirements of SectioP 2401-51-76{Cl, con~btently ar.:hieves .· 99.9 pern,nt removal and/or inactivation of Giardia /amblia cysts and 99.99 percent removal and/or inactivation of viruses. For a system that makes this demonstration, the requirements of Section 2401-51-79 apply ((((echvt> ti..l.1\ Hi, I (JiJC,1 2401-51-82 Analytical and Monitoring Require ments for Disinfection and Filtra tion (A) Only the analytical methods(s) ,;pecified herein, or otherwise approved by Board, may be used to demonstrate compliance with the requirements of Sections 2401-51-76 through 2401-51-81. Measure ments ior pH, temperature, turbidity, and residual disinfectant concentrations must be conducted by a party approved by the Board. Measurements for total coliform:,, iecal roliiorm5. anp HPC must be con ducted by .i laborJtory ceniiied by the Board or EPA to do such analysis. Until laboratory certification criteria are developed for the analysis of HPC and fecal coliforms, any laboratory certified for total coliform analysis is deemed certified for HPC -and fecal coliform anctlysis. The following procedures ~hall be performed in accordance with the publica tions listed. (l) Fecal coliform concentration. Method 908C (Fecal Coliform MPN Procedures), pp. 878-880. tv\ethod 908D (Estimation of Bacterial Density), pp. 380-882, or Method 909C (Fecal Coliform Membrane Filter Procedurei, pp. 896-898, as set forth in :it,111dard Methods for the Examination of \,Vater and Wastewater, 1985, American Public Health Associa tion et v.!., 16th edition. (2) Total coliiorm concentration. Method 908A (Standard Total Coliform Multiple-Tube (MPN) Tests), pp. 872-876, Method 908B (Application of Tests to Routine Examinations), pp. 876-878, Method 908D (Estimation of Bacterial Density), pp. 880-882, ~Mtrod 909A (Standard Tot·~: Co!i,,,m1 Membrane t:lter Procedurei. pp. 887-894, or 1\•1ethod 909B (Oeiayed-lncubat,on Total Coliiorm Procedure), pp. P,9+-896, as set iorth in Sta,1dard Mr,;thods for the l:xarn ination of Water a.rd Wastewater, 1983, /\merican Public Health Association et al., 16th edition; Minima! ,V\edium ONf'G·MUG Test, as set forth in the article "Nationai f;:;ld Evaluation oi a Deiined Substrate Method for the Simultaneous Enumeration of Total Colifonns and Escherichia coli from Drinking Water: Com'.)arison with the Standard Multiple Tube Fermentation Method" (Edberg et al.,), Applied and Environmental Microbiology, Volume 54, pp 1595-1601, June 13'88 (as amended under Enatum, Volume 54, p. 3197, December, 1988). NOTE: Thr. Minimal Medium ONPG-MUG T1.:si i,. ,'."Jmetimes ff'IPrred ro dS the Autoanalysis Cut,tcn <;y~:•'m. '.,y~.; ·~·~ ma}' u,e ,1,. i'h'(~-tub{~ l( ... SC or .. 1 !en-tube te·~r \3) Heterotrophi: p:ate CnJi,,. 1\iethnd 907A {Puur PIJle Method), pp. 864-866 a~ Ss!t forth in Sta,1darJ Methods 1·or the Exami,·;at1on of Water and Wastewater, 1985, American Public Hei;ith Associa tion et al., 16th edition. (4) Turbidit\'. Meth,Jd 21-1A (Nephelometric Method-NephelornetricTu•·bidity Units), pp. 134-136, as set forth in Standard Methods for the Examination of Water and Wastewater, 1985, American Public Health Association et at., 16ti, edition. (5) Residua! disinfectant concentration. ResirluJI di~iniectant concentrations for free chlorine ar.d ,rnr1bined chlorine (chlorainines) ;,1ust be r.1easured by fv\ethod 493( (Amperometric Titration Method), pp. 303-306, /\1eti1od 408D (DPD Ferrous Titrimetric ;\~1,thod), pp. 306-309, tvlethod 408E(DPD Color, metric Method), pp. 309·3 l 0, or Method 408F (Leuco Crystal Violet Method), pp. 370-313, as set iorth in Standard Methoo~ for the Examination oi \,Vater and W,1stewater, 198:i. American Public Health Associa tion et al., 16th edition. Residual disinfectant c nncentratiom :or free chlorine and combined < hlonne may aim be measured by using DPD ( olorimetric test kits if approved by the Staie. !,(,sidual disinfectant concentration$ for ozone must be measured by the Indigo I\ lethod as set forth Bader, H., Holgne, J. "Determination of Ozone in Water by the Indigo Method; A Submitted Standard Method"; Ozone Science and Engineering, Vol. 4, pp. 169-1 76, Pergamon Press Ltd., 1982, or automated methods which are calibrated in reference to the results obtained by the Indigo /v\ethod on a regular basis, if approved by the State. NOTE: This method will bP pu!Jlish1id ,n the 171h edition n1 Standdrd MPlhod, ior lhP Exani1na1ion oi W.ilt>r ,md Wasle\\Jter. American Public HeJhh A,,[){ i.1I111n l'l a/.; 1tw ludonwtric MPlhod in the 16th edition m.iy no1 !),, uq~d. Re~idu,11 disinienant concentration for chlorine dioxid~ mu,1 be• llWdSurc•d by Method 4 1 OB (An1perometric Method) or Mt>lhod 4 1 OC (DPD Method1, pp. 322·324, as set fcrth in Standdrd 1'\elhod, for th!' Exdmina1ion oi Water and Wastewater, I 985, American Public Health As~ociation et a/., 16th edition. (6) l<:!mpe~ature. Method 21? C,emµerature), pp. 12 6-12 7, ;::s set forth 1n Standard i\·,,, hrds for the Examination of Water and Wastew-•1er, 1985, American Public Health Associarion Pt .~/., t6th edition. (7) Q!i. Method 42J 1pH Value), pp. 429-➔ 37. as set forth in Standard Methods for the E.--.~mination oi Water and Wastewater, 1985, Amerrran Public Health Association, 16th edition. Copies of the methods published in "Standard Methods for the Examination of Water and Waste water" may be obtained from the American Pub I ic: Health Assodati0n el al., 1015 Fifteenth Street, NW. Washington, DC 20005; copies of the /1,\inimai Medium ONPG-MUG Method as set forth in n·, article "National Field Evaluation of a ~:,el; .. , · Substrate Method for the Simultaneou5 Enurnerati~,~ of Total Col iforms and Escherichia rol i from ; ;; .. ~~:, -.~ Water: Cor,1p<1ri:.or. with toe Si.anaar::l tv,ultipiP 1 •JL'~ Fermentation Method'' (Edb~rg et a/.), Apµ!,..:·d and Environmental Microbiology, Volume 54, pp. 1-;?:. 1601, June 1988 (as amended under Erratum. Applied and Environmental Microbio:or.v, Volume 54, p. 3197, December, 1988), t11ay be obtained from the American Water Works Association Research Foundation, 6666 West Quincy Avenue, Denver, Colorado, 80235; and copies of the lndigc Method as set forth in the c:rt1cle "DeterminaLio.1 ci Ozone in Water by the Indigo Method" (Bader and Holgne), may be obtdineci from Oz:rne Science & Engineering, Pergamon Press Ltd., r-airview Park, Elmsford, New York 1052.L Copies ma\· be inspected al the U.S. Environmental Protectio1~ Agency, Room EBl5, 401 \I Street. SW., \Nash1ng ton, DC 20460 or at the Office oi the Federa Register, 1100 L Street. 'l\\ , Room 8401, Washing ton, DC. (Bl Monitoring requ11ements for systems using filtration treatment. A public water system that uses a surface water sou1-cP u1 a ground water source under the influence of sun ace \vater and prO\ ides filtration treatment must monitor m accordance with 1h1, i'L1ragraph beginning June 29, 1993, or when 1iltrd1on is installed, whichever is later. , 11 Tmbidity measurements as required by .. , · ,n, 2401-51-77 through 2401-51-81 must be , ,, ., : ,, nwd on representative samples of the system's 1 il!P:, ~cl water every four hours (or more frequently) 1 h,11 the system serves water to the pub I ic. A pub I ic wciter system may substitute continuous turbidity n1or1itoring for grab sample monitoring if it validates 1 lw c·ontinuous measurement for accuracy on a 1Pguiar basis using a protocol approved by the Board. For .Jny systems using slow sand filtration or filtration 11 Pc1m1ent other than conventional treatment, direct 1 i I Ir.it 1011, or d iatornaceous earth filtration, the Board ,n.1'-· reduc~ the sampling frequency to once per day d1, r<:1 ;nes that less frequent moniioring is ,•1,1 11, :ndicate effective filtration performance. 1,,, \ ,terns serving 500 or tewer person~, the Board ,·, ,, rc.•ck< P the turbidity sampling frequency to once , •! , : 'JY, , t~gard less of the type of fi I tration treatment 11~t0 d, II the Board determines that less frequent ni, H', tor1ng is sufficient to indicate effective fi I tr at ion )WrlOI nldllCe. (21 The residual disinfectant concentration of the W<11'<'r entering the distribution system must be ,rn,nrrored continuously, and the lowest value must ht• r1~corded each day, except that if there is a failure ,,, tl,e nmtinuous monitoring equipment, grab .. ,,::: ,ling t~very 4 hours may be conducted in lieu ol , ,ni,nuous monitoring, but for no more than 5 vorl :ng o~,y, following the failure of the equipmer:t, .11,,i wstP 1'ns se:•I:ng 3,300 or fewer persoris may take gi c1b -; .c1pfes i 11 lieu of pmvidin!!, continuous 11·,m itormit oil :;.n ongoing bdsi~ at the frequencies 1 •,1ch dJy 1:.irescribc:d in Table B. If at an,, cime the ,Ps1ciual disinfectant concentration falls below 0.2 mg11 in a system using grab sampling in lieu of , 1w,t111 .:ous monitoring, the system m:.ist take a gr:-ib ,.1111pic~ Pvery 4 hours until the residual disinfectant 1 11nce111r<ltion is equal to or greater than 0.2 mg/I. Tlw residual disinfectant concentration IT.US! , •-,,crrc0 d at least at the same points in the H <, 11 lu; 1cJ11 ~ystem and at the same time as tc,al · ,, ,1, ,11m <1re sampled, as specified in Sections 2401· ,; I l iluuugh 2401-51-15, except that the Board 1n.1-, ,d!nw a public water system which uses both a .• ,.,r· I( P wdter source or a ground water sourCP, under dr I PCt in1I uence of surface water, and a ground water ,(lutt ,~ to take disinfectant residual samples at points • ,:h,>1 1hJ11 the total C?liform sampling points if the •,ai·,. , fc,,ermines that such points are more representa ' • ',t il\'clted (disinfected) water quality within the ,. ·· · 1 '; Jui 1011 system. Heterotrophic bacteria, measured ,,.;, ,1,ophic plate count (HPC) JS Sp(~ciriecl rn , · "., '.' ciph \A)( 3) of th is Section, may be measured in ;,, ,. ,1 :Ps1dual disinfectant concentration. TABLE B SYSTEM SIZE BY POPULATION SAMPLES PER DA y t · ·· 500 . . . . . I 501 to 1,000 . . 2 1,00 l to 2,500 3 2,501 to 3,300 . . . . . . . . . . . 4 t TIH • d,1'(\ ~a~UlJll(•~ GU\llCJI be l1lke11 iJ[ lflP .... line linw rh,• ,i1rnpiing irltC'rV.lh ,)(I• -.uhr1~c1 10 Board (('Vie. ... , .i;111Cl clpprov.ll. (4) If the Board determines, based on sile speci fie considerations, that a system has no means for having a sample transported and analyzed for HPC by a certified laboratory under the requisite time and tempE.·, cil1 ire ( unc.'ii ions specified by Paragraph A.)(3) of tL1·, S2ction and that the svstem is providing adequate d1sir.ft:ction in the distrib•Jtion system, the requiremeP?S of Par2g,aph (8)(3) oi this Section do not apply to thc1, system. ~fff'":"ln.'P M,I\" /, • :,I 2401-31-83 Reporting and Record Keeping Requirements for Filtration and Disinfection: General Require ments (A) A public water system that uses a surface water source or a ground water source under the direct influence of surface 'Nater, for which filtration trea.tment b ;equireci by :,ections 2401-51-77 through 2407-51-81 or the Board nas determined in writine that iiltrat1on is re!quired, rnu<1 comply with an; reportrn!,; req11irt:1nerits Si"kU fi~d by the Board ur,ti I filtrntion 1s in place. {B) .:.. p11blic water system that uses a surface water source or a ground water source under the direct influence of surface water and provides filtration treatmtcnt must report month I y to Board the information specified herein, beginning June 29, 1993, or \\ hen ii ltration is installed, whichever is later. ( 1) Turbidit\' mea,;urements as required by 2401 51-82(8) must be reported within 10 days after the , :nd of r~ach calendar month in vvhid1 the system has, at any time. served watei to the pub Ii c. I niormatio,i that must be reported includes: (a) the total number of filter~d water turbidity measurements taken during the month. (bl the number and percentage f filtered water turbidity n'easurements taken during the month which are ess tkrn or equal to the turbidity limits spec!lied in Sections 2401-51-77 through 2-101-57-81 for the iiltr,Hion technology being used. (tl tlw date and value of any turbidity measure ments taken during the month which exceed 5 NTU. (2) Di~infection information specified in 2401 i I -82(B) must be reported to the Board within JO dc1ys aiter the end oi each month the system serves wc1ter to the public. Information that must be rr!ported includes: (a) tor each day, the lowest measuremern of re~idual disinfectant concentration in mg/I in water entering the distribution system. (b) the date and duration o( each period when the residual disinfectant concentration in water c,nteri ng the distribution system fe 11 below 0.2 mg/I .ind the date and time when the Board was notified of the occurrence. (c) the following information on the samples 1. 1ken in the distribution system in conj unction with the total coliform monitoring pursuant to Section '.": ,l0l-51-76: ti) number oi instances where the re~1dua: disinfectant concentrauon is measured; (ii) number of instances where tf,8 residual disinfectant concentration is not measured. bur the heterotrophic plate count (HPC) is measured; (iii) number oi instances where the residua! rli~infectant concentration is measured but not detected and no HPC is measured; , (iv) number of instances where 110 residual d1~infectant concentration is detected and where HPC i~ > 500/ml; {v) number of instances where residual disinfec !cmt concentration is not measured and where HPC is > 5O0/ml; (vi)° '.for the current and previous month in which thr~ system served any water to the public, rhe va1u.: of "V" 1n the following formula: V c+d+e a+b x l 00 .1 number oi instdn<::e, wher,~ till' w,irlual d1sini(~ctdnt , 11m <>nlrdticm i, measured; I, number of instdnces where thP rt-'siduJ! disiniectJnl concentrdtion i, not medsured bur heterotrophic bacieria pldte count l!iPC1 is measured; d number of 1mtdnces where the residual di:,miectdnl concentration i, measured but nol rlc>rected and no HPC ,s measured, number of inslances where the re,rdual disinfectant conc:entra!ion i; measured but nOl detected ar1d where 1h1• HPC •~ .> 300 ml: Jnd number of in,td'lCe, wlwre tlw w,iduJ1 d1,inieUJnt , oncpnlr<.1tion i, 1'1)1 nwJ,un~d Jlld HPC i, > 500/m!. "IJ i( 1he Board determine:,, i)ased on site-' ,p,•c1t1c considerations. that a syster,, has no means 101 helving a sample transported and analyzed for 1 ll'C by d ,ertified laboratory under the requisite time c1nd temperature conditions specified by 2401-5 l B 2 (A}(3} and that the system is providing adequate disinfection in the distribution system, the require menrs of Paragraph (B)(2)(cJ of this Section do not cpply. (e) a system need not report the data listed in Paragraph (8)(2) of this Seclion if all the data listed in Paragraphs (8)(2) or this Section ren-ain on file at the system and the Board determines that the system has submitted all the information required by Paragraph (8)(2) of this Section for at leas! 12 monihs. 1[li('1.:1iw M<~)' 2-&. 19~M 2401-S l-84 Reporting and Record Keeping Requirements for Filtration and Disinfection; Immediate Notifica tion Required {A) Earh system, upon discovering th<1.t a \". aterborne disease bn~akout pote1~1ial ly attri bui'Jtle ·, that Wc:ter system hds occurred. must report thJt occurrence to the Boan.l dS soon as possible, but no la:er than by the end of the next business day. (8) If at any time the turbidity exceeds 5 NTLJ. rhe system must inform the Board as soo;r as possible. but no later than by the end of the nexi business day. (C) If at any time the residual disinfectant falls below 0.2 mg/I in the water entering the distribution system, the system must notify the Board as soon <lS possible, but not later than by the end of the next business day. The system must a!so notify the 8oard by the end of thP next business day whether or not the residual disiPfectant was restored to at least 0 . .? rng/1 within 4 hours. a :k-c1ivl.' Mai' ~L, ! <J 1J(,~ 2401-51-85 Applicability The procedures and regulations described in Titl'? 24 oi the Palau National Code for implementation and enforcement sha[I apply to the regulations containec1 in this Chapter. Penalties assessed under these regulations shall be for the number of days the r~·Jblic wJter 5uppl\' remain:, in violation. n h"\ [l\"I' /1,,\,nc i •. l'}'J{,, 2401-51-86 Penalties (A) Any persor, who v=ul.1tes any pr0v1s1on of tnese regulations or any certificates. standard or order 1~sued by 1he Bo<1rd or any Jgency charged with r::>sponsibii1tie5 pur~uant to these regulations shall be ,,1b1ect to J civil pE~nalty not to P>-ce~d one thousand r:ollJrs (S 1,000) iu1 each dc1y 01 PJrn such violation. (BJ Anv person who willfull) or negligently 1 !OIJtt0 ~ am· provi~ion of the,P reg(J:Jtions. or of any certification, certification conditron. standard or order oi the BoJrd or any agency chJrged with respr.n,ibili ties pursuant to these regulations, shall be subject to , , 1111i11<il prosecution and upon conviction shall be punrslwd by a fine of not less than one hundred dol I ars ($ 1 00) nor more than twenty-five thousand dollars ($25,000) for each violation or by imprison ment not exceeding three (3) months, or both. Upon subsequent convictions for violations oi these ,vgu la ti ons, any such person shal I be pu 11 ished by a r"ine oi not less than five hundred dollars ($500} nor mon' than fifty thousand dollars ($50,000) ior each , !.1v , ,1 violation or :Jy imprisonment not exceeding ,1:, ((,) months, or both. (C) Persons who, williully or negligently, tamper vvllh ,J public water system, shall be imprisoned for not more than 5 (five) years, fined, or both. (D) Any person who attempts to tamper with a public water s,.,,ply or threatens to d0 so sh? 1i be .,ubject to impri<,onment for not more tl-,z;n 3 (thrp~} years, a fine, 01 both. (El The Board may bring a civil ,ic,ior, again'il ,lily person who tampers, attempts to t,,mper, or 111c1kt'S Lt threat to tc1rnper with a public wc>ter system. Tlw ,·ouit may im 11,,se on such person a civil penalty ,1 1H,t n1orI° thJr, tn"ty thousand dollar:; ('.l,: j0,000.00) 1ur such tL1mper1ng ur not n,orP thL111 twL~ntv thous,md dollars ($20,000.001 for such Jttempt or thrPat. ·fffr·CflH' M,l\' .: '1 l'JWli MISCELLANEOUS PROVISIONS 2401-51-87 Severability If any prov rs ion oi these regu\ati ons or the application of any provision of the~e regulations to Jny person or circumstance is lwld invalid, the application of :.uch provision to other persons or circumstances dnd rhe remainder of these regulations shall not be affected thereby. d flpctiv<.• MJ:y .:6< l 9 1)(i) '1.401-57-88 Repealer The regulations contained herein shall replact till Republic of Palau Environmental Quality Prot0 ctiun Board Public Water S, ;pply System Regulati ·,, 1~ currently in eifect in the Republic ol Palau. 1[!f11c11vP MJ')- H,. l'Jl!(i,