Agencies | Governor
Virginia Regulatory Town Hall

Proposed Text

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Action:
Amend and update the Waterworks Regulations
Stage: Proposed

Part I
General Framework for Waterworks Regulations

Article 1
Definitions

12VAC5-590-10. Definitions and units of measurement.

A.    Definitions. As used in this chapter, the following words and, terms, and abbreviations shall have meanings respectively set forth unless the context clearly requires a different meaning:

"Action level" or "AL" means the concentration of lead or copper in water specified in 12VAC5-590-385, which determines, in some cases, the treatment requirements contained in 12VAC5-590-405 that an owner is required to complete.

"Administrative Process Act" or "APA" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia. The APA is the basic law conferring authority on agencies either to make regulations or case decisions as well as to standardize court review thereof.

"Air gap separation" means the unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying pure water to a tank, plumbing fixture, or other device and the rim of the receptacle point of the potable water outlet and the flood rim of the receiving vessel.

"Annual daily water demand" means the average rate of daily water usage over at least the most recent three-year period.

"ANSI" means American National Standards Institute.

"Applied water" means water that is ready for filtration.

"ASME" means the American Society of Mechanical Engineers.

"ASTM" means the American Society for Testing and Materials.

"Approved" means material, equipment, workmanship, process or method that has been accepted by the commissioner as suitable for the proposed use.

"Auxiliary water system" means any water supply or system on or available to the premises of the consumer other than the waterworks. These auxiliary waters may include water from a source such as wells, lakes, or streams; process fluids; or used water. They These may be polluted or contaminated or , objectionable, or of questionable quality, and constitute an unapproved water source supply or system over which the water purveyor waterworks owner does not have control.

"AWWA" means the American Water Works Association.

"Backflow" means the undesirable reversal of flow of water or mixtures of water and other liquids, mixtures gases, or other substances into the distribution piping of a waterworks from any source or sources other than its intended source.

"Backflow elimination method" means the air gap separation or physical disconnection that will eliminate the cross-connection.

"Backflow prevention assembly" means a mechanical unit, designed to stop the reversal of flow that includes an inlet and outlet shutoff valve and test cocks to facilitate testing of the assembly. Backflow prevention assemblies include the reduced pressure principle backflow prevention (RPZ) assembly, the double gate-double check valve assembly, and the pressure vacuum breaker assembly.

"Backflow prevention device" means any approved device, method, or type of construction intended to prevent backflow into a waterworks. a mechanical unit designed to stop the reversal of flow that is not testable because it does not have inlet and outlet shutoff valves or test cocks. Backflow prevention devices are not generally designed or constructed to withstand backpressure. Backflow prevention devices generally include the atmospheric type vacuum breakers and the dual check valve type devices.

"Backpressure backflow" means backflow caused by pressure in the downstream piping that is superior to the supply pressure at the point of consideration.

"Backsiphonage" means backflow caused by a reduction in pressure that causes a partial vacuum creating a siphon effect.

"Bag filters" means pressure-driven separation devices that remove particulate matter larger than one micrometer using an engineered porous filtration media. They are typically constructed of a nonrigid non-rigid, fabric filtration media housed in a pressure vessel in which the direction of flow is from the inside of the bag to outside.

"Bank filtration" means a water treatment process that uses a well to recover surface water that has naturally infiltrated into groundwater through a river bed or bank(s) , bank or banks. Infiltration is typically enhanced by the hydraulic gradient imposed by a nearby pumping water supply or other well(s) well or wells.

"Best available technology" or "BAT" means the best practicable technology, treatment techniques, or other means that the commissioner finds, after examination for efficacy under field conditions and not solely under laboratory conditions and in conformance with applicable EPA regulations, that are available (taking cost into consideration).

"Board" means the State Board of Health.

"Boil water advisory" and "boil water notice" mean a statement that informs consumers that their drinking water is, or may be, contaminated and that the water should be boiled before being used for human consumption.

"BSSP" means a bacteriological sample siting plan.

"Breakpoint chlorination" means the addition of chlorine to water until the chlorine demand has been satisfied and further additions result in a residual that is directly proportional to the amount added.

"CAP" means a corrective action plan.

"Cartridge filters" means pressure-driven separation devices that remove particulate matter larger than one micrometer using an engineered porous filtration media. They are typically constructed as rigid or semi-rigid, self-supporting filter elements housed in pressure vessels in which flow is from the outside of the cartridge to the inside.

"Chlorine" means dry chlorine.

"Case decision" means an agency determination as defined in § 2.2-4001 of the Code of Virginia.

"CCCP" means a cross-connection control program.

"CCR" means consumer confidence report.

"CDC" means the Centers for Disease Control and Prevention.

"CFE" means the combined filter effluent.

"CFR" means the Code of Federal Regulations.

"Chlorine gas" means dry chlorine in the gaseous state.

"Chlorine solution (chlorine water)" means a solution of chlorine in water.

"Chronically noncompliant waterworks" or "CNC" means a waterworks that is unable to provide pure water for any of the following reasons: (i) the waterworks' record of performance demonstrates that it can no longer be depended upon to furnish pure water to the persons served; (ii) the owner has inadequate technical, financial, or managerial capacity to furnish pure water to the people served; (iii) the owner has failed to comply with an order issued by the board or the commissioner; (iv) the owner has abandoned the waterworks and has discontinued supplying pure water to the persons served; or (v) the owner is subject to a forfeiture order pursuant to § 32.1-174.1 of the Code of Virginia.

"Clean compliance history" means a record of no PMCL violations for microbiological contaminants, no monitoring violations under 12VAC5-590-370, and no coliform treatment technique trigger exceedances or treatment technique violations under 12VAC5-590-392.

"Coagulation" means a process using coagulant chemicals and mixing by which colloidal and suspended materials are destabilized and agglomerated into floc.

"Coliform bacteria group" means a group of bacteria predominantly inhabiting the intestines of man or animal but also occasionally found elsewhere. It includes all aerobic and facultative anaerobic, gram-negative, non-sporeforming bacilli that ferment lactose with production of gas. Also included are all bacteria that produce a dark, purplish-green colony with metallic sheen by the membrane filter technique used for coliform identification.

"Combined distribution system" means the interconnected distribution system consisting of the distribution systems of wholesale waterworks and of the consecutive waterworks that receive finished water.

"Commissioner" means the State Health Commissioner, who is the executive officer of the board.

"Community waterworks" means a waterworks that serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

"Compliance cycle" means the nine-year calendar year cycle during which a waterworks shall monitor. Each compliance cycle consists of three three-year compliance periods. The first calendar year cycle begins began January 1, 1993, and ends ended December 31, 2001; the second begins January 1, 2002, and ends  December 31, 2010; the third begins January 1, 2011, and ends December 31, 2019 with subsequent compliance cycles continuing thereafter.

"Compliance period" means a three-year calendar year period within a compliance cycle. Each compliance cycle has consists of three three-year compliance periods. Within the first compliance cycle, the first compliance period runs from January 1, 1993, to December 31, 1995; the second from January 1, 1996, to December 31, 1998; the third from January 1, 1999, to December 31, 2001 The first compliance period began January 1, 1993 and ended December 31, 1995, with subsequent compliance periods continuing thereafter.

"Comprehensive business plan" means a plan detailing the technical, managerial, and financial (TMF) commitments that the owner will make in order to assure that the waterworks will have the capability to provide water that complies with the regulations over the long term.

"Comprehensive performance evaluation" or "CPE" means a thorough review and analysis of a treatment plant's performance-based capabilities and associated administrative, operational and maintenance practices. It is conducted to identify factors that may be adversely impacting a plant's capability to achieve compliance and emphasizes approaches that can be implemented without significant capital improvements. For purposes of compliance with 12VAC5-590-530 E 1 b (2), the comprehensive performance evaluation shall consist of at least the following components: assessment of plant performance, evaluation of major unit processes, identification and prioritization of performance limiting factors, assessment of the applicability of comprehensive technical assistance, and preparation of a CPE report.

"Confirmation sample" means another sample to be collected by the owner within a specified time after the results of the initial sample are known to have exceeded a specified limit or standard, in order to validate the initial result and to determine compliance.

"Confluent growth" means a continuous bacterial growth covering the entire filtration area of a membrane filter, or a portion thereof, in which bacterial colonies are not discrete.

"Consecutive waterworks" means a waterworks that has no water production or source facility of its own and that obtains all of its water from another permitted waterworks or receives some or all of its finished water from one or more wholesale waterworks. Consecutive waterworks may provide additional treatment to finished water. Delivery may be through a direct connection or through the distribution system of one or more consecutive waterworks.

"Consolidated" means rock made from sedimentary, igneous, or metamorphic materials that have been metamorphosed or cemented together forming strata or bodies of rock.

"Consumer" means any person who drinks receiving water for human consumption water from a waterworks.

"Consumer's water system" means any water system located on the consumer's premises, supplied by or in any manner connected to a waterworks.

"Containment" means the safeguard against backflow into a waterworks from a consumer's water system by installing an appropriate backflow prevention assembly, backflow prevention device, or backflow elimination method at the service connection.

"Contaminant" means any objectionable or hazardous physical, chemical, biological, or radiological substance or matter in water.

"Conventional filtration treatment" means a series of processes including coagulation, flocculation, sedimentation, and filtration resulting in substantial particulate removal.

"Corrosion inhibitor" means a substance capable of reducing the corrosivity of water toward metal plumbing materials, especially lead and copper, by forming a protective film on the interior surface of those materials.

"Cross connection" "Cross-connection" means any connection or structural arrangement, direct or indirect, to the waterworks whereby actual or potential link, connection or physical arrangement, direct or indirect, between used water, an auxiliary water system, or other source of contamination to the waterworks through which backflow can occur.

"CT" or "CTcalc" means the product of "residual disinfectant concentration" (C) in mg/L determined before or at the first customer consumer, and the corresponding "disinfectant contact time" (T) in minutes (i.e., "C" x "T").

"Daily fluid intake" means the daily intake of water for drinking and culinary use and is defined as two liters.

"Dechlorination" means the partial or complete reduction of residual chlorine in water by any chemical or physical process at a waterworks with a treatment facility.

"Degree of hazard" means the level of health hazard, as derived from an evaluation of the potential risk to health and the adverse effect upon the waterworks.

"DBPPs" means disinfection byproduct precursors.

"DBPs" means disinfection byproducts.

 "DCLS" means the Virginia Department of General Services, Division of Consolidated Laboratory Services.

"Department" means the Virginia Department of Health.

"DEQ" means the Virginia Department of Environmental Quality.

"Diatomaceous earth filtration" means a process resulting in substantial particulate removal in which (i) a precoat cake of diatomaceous earth filter media is deposited on a support membrane (septum), and (ii) while the water is filtered by passing through the cake on the septum, additional filter media known as body feed is continuously added to the feed water to maintain the permeability of the filter cake.

"Direct filtration" means a series of processes including coagulation and filtration but excluding sedimentation resulting in substantial particulate removal.

"Disinfectant" means any oxidant (including chlorine) that is chemical and physical agents, including chlorine, chlorine dioxide, chloramines, ozone and UV light, added to water in any part of the treatment or distribution process for the purpose of killing or deactivating inactivating pathogenic organisms.

"Disinfectant contact time" ("T" in CT calculations) means the time in minutes that it takes for water to move from the point of disinfectant application to the point where residual disinfectant concentration ("C") is measured.

"Disinfection" means a process that inactivates or destroys pathogenic organisms in water by chemical oxidants or equivalent agents use of a disinfectant.

"Disinfection profile" means a summary of Giardia lamblia or virus inactivation through the water treatment plant.

"Distribution main" means a water mainpipeline whose primary purpose is to provide treated convey drinking water to service connections.

"Distribution system" means a network of pipelines and appurtenances by which a waterworks delivers drinking water to its consumers.

"District engineer" means the employee assigned by the Commonwealth of Virginia, Department of Health, Office of Drinking Water to manage its regulatory activities in a geographical area of the state consisting of a state planning district or subunit of a state planning district.

"Domestic or other nondistribution system plumbing problem" means a coliform contamination problem in a waterworks with more than one service connection that is limited to the specific service connection from which the coliform positive sample was taken.

"DOC" means the dissolved organic carbon in a water sample.

"Double gate-double check valve assembly" means an approved assembly composed of two single independently acting check valves including tightly closing shutoff valves located at each end of the assembly and petcocks and test gauges for testing the watertightness of each check valve.

"DPOR" means the Virginia Department of Professional and Occupational Regulation.

"Drawdown" means the difference, measured vertically, between the static water level in the well and the water level during pumping.

"Dual sample set" means a set of two samples collected at the same time and same location, with one sample analyzed for TTHM and the other sample analyzed for HAA5. Dual sample sets are collected for the purposes of conducting an initial distribution system evaluation (IDSE) under 12VAC5-590-370 B 3 e (2) and determining compliance with the TTHM and HAA5 MCLs under 12VAC5-590-370 B 3 e (3).

"EDR" means electrodialysis reversal.

"Effective corrosion inhibitor residual" means, for the purpose of 12VAC5-590-405 A 1 only, a concentration sufficient to form a passivating film on the interior walls of a pipe.

"Enhanced coagulation" means the addition of sufficient coagulant for improved removal of disinfection byproduct precursors by conventional filtration treatment.

"Enhanced softening" means the improved removal of disinfection byproduct precursors by precipitative softening.

"Entry point" means the place where water from the source after application of any treatment is delivered to the distribution system. Where two or more sources are combined before distribution, the entry point is the location that is representative of the blended water following all treatment.

"EPA" means the United States Environmental Protection Agency.

"Equivalent residential connection" means a volume of water used equal to a residential connection that is 400 gallons per day unless supportive data indicates otherwise.

"Exception" means an approved deviation from a "shall" criteria contained in Part III (12VAC5-590-640 et seq.) of this chapter.

"Exemption" means allowing a waterworks that satisfies the criteria in 12VAC5-590-150 to deviate from a conditional waiver of a specific PMCL or treatment technique requirement that is granted to a specific the waterworks for a limited period of time.

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

"Filtration" means a process for removing particulate matter from water by passage through porous media.

"Finished water" means water that is introduced into the distribution system of a waterworks and is intended for distribution and consumption without further treatment, except as treatment necessary to maintain water quality in the distribution system (e.g., booster disinfection, addition of corrosion control chemicals). (e.g., booster disinfection).

"First draw sample" means a one-liter sample of tap water, collected in accordance with 12VAC5-590-375 B 2, that has been standing in plumbing pipes at least six hours and is collected without flushing the tap.

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

"Flowing stream" means a course of running water flowing in a definite channel.

"Free available chlorine" means that portion of the total residual chlorine residual remaining in water at the end of a specified contact period that will react chemically and biologically as hypochlorous acid or hypochlorite ion.

"GAC10" means granular activated carbon filter beds with an empty-bed contact time of 10 minutes based on average daily flow and a carbon reactivation frequency of every 180 days, except that the reactivation frequency for GAC10 used as a best available technology for compliance with 12VAC5-590-410 C 2 b (1) (b) shall be 120 days.

"GAC20" means granular activated carbon filter beds with an empty-bed contact time of 20 minutes based on average daily flow and a carbon reactivation frequency of every 240 days.

"GAC" means granular activated carbon.

"Governmental entity" means the Commonwealth, a town, city, county, service authority, sanitary district, or any other governmental body established under the Code of Virginia, including departments, divisions, boards, or commissions.

"Gross alpha particle activity" means the total radioactivity due to alpha particle emission as inferred from measurements on a dry sample.

"Gross beta particle activity" means the total radioactivity due to beta particle emission as inferred from measurements on a dry sample.

"Groundwater" means all water obtained from sources not classified as surface water (or surface water sources).

"Groundwater system" means any waterworks that uses groundwater as its source of supply; however, a waterworks that combines all its groundwater with surface water or with groundwater under the direct influence of surface water prior to before treatment is not a groundwater system. Groundwater systems include consecutive waterworks that receive finished groundwater from a wholesale waterworks potable water from another groundwater source.

"Groundwater under the direct influence of surface water" or "GUDI" means any water beneath the surface of the ground with (i) significant occurrence of insects or other macroorganisms, algae, or large-diameter pathogens such as Giardia lamblia, or Cryptosporidium. It also means or (ii) significant and relatively rapid shifts in water characteristics such as turbidity, temperature, conductivity, or pH that closely correlate to climatological or surface water conditions. The GUDI source determinations shall be made by the department commissioner in accordance with 12VAC5-590-430 will determine direct influence of surface water.

"GWMA" means the groundwater management area designation by the State Water Control Board.

"Haloacetic acids (five)" or "HAA5" means the sum of the concentrations in milligrams per liter of the haloacetic acid compounds (monochloroacetic acid, dichloroacetic acid, trichloroacetic acid, monobromoacetic acid, and dibromoacetic acid), rounded to two significant figures after addition. acids, expressed in milligrams per liter (mg/L) as rounded to two significant figures. For the purpose of this chapter the HAA5 shall mean monochloroacetic acid, dichloroacetic acid, trichloroacetic acid, monobromoacetic acid, and dibromoacetic acid.

"Halogen" means one of the chemical elements chlorine, bromine, fluorine, astatine, or iodine.

"Health hazard" means any condition, device, or practice in a waterworks or its operation that creates, or may create, a danger to the health and well-being of the water consumer.

"Health regulations" means regulations that include all primary maximum contaminant levels, treatment technique requirements, and all operational regulations, the violation of which would jeopardize the public health.

"HPC" means the heterotrophic plate count of a bacterial population.

"Human consumption" means drinking, food preparation, dishwashing, bathing, showering, hand washing, teeth brushing, and maintaining oral hygiene.

"Hypochlorite" means a solution of water and some form of chlorine, usually sodium hypochlorite the ionic component from the disassociation of hypochlorous acid that performs the function of disinfection. It is the available active ingredient in liquid hypochlorite disinfectants such as sodium and calcium hypochlorite.

"Initial compliance period" means for all regulated contaminants, the initial compliance period is the first full three-year compliance period beginning at least 18 months after promulgation with the exception of waterworks with 150 or more service connections for contaminants listed at Table 2.3, VOC 19-21; Table 2.3, SOC 19-33; and antimony, beryllium, cyanide (as free cyanide), nickel, and thallium that shall begin January 1993 the compliance period in which chemical monitoring begins.

"Interchangeable connection" means an arrangement or device that will allow alternate but not simultaneous use of two sources of water.

"Isolation" means the safeguard against backflow into a waterworks from a consumer's water system by installing an appropriate backflow prevention assembly or device or by installing a backflow elimination method at the sources of potential contamination in the consumer's water system. This is also called point-of-use isolation.

"Karst geology" means an area predominantly underlain by limestone, dolomite, or gypsum and characterized by rapid underground drainage. Such These areas often feature sinkholes, caverns, and sinking or disappearing creeks. In Virginia, this generally includes all that area west of the Blue Ridge and, in Southwest Virginia, east of the Cumberland Plateau.

"Lake/reservoir" means a natural or manmade man-made basin or hollow on the Earth's surface in which water collects or is stored that may or may not have a current or single direction of flow.

"Large waterworks" means, for the purposes of 12VAC5-590-375, 12VAC5-590-405, 12VAC5-590-530 F, and 12VAC5-590-550 D only, a waterworks that serves more than 50,000 persons.

"Lead free" means the following: (i) 1. When when used with respect to solders and flux, refers to solders and flux containing not more than 0.2% lead; and (ii) 2. When when used with respect to pipes, and pipe fittings, refers to pipes and pipe fittings containing not more than 8.0% lead; pipe fittings, plumbing fittings, and plumbing fixtures, refers to the weighted average of wetted surfaces of pipes, pipe fittings, plumbing fittings, and plumbing fixtures containing not more than 0.25% lead.

3. When used with respect to plumbing fittings and fixtures intended by the plumbing manufacturer to dispense water for human ingestion, refers to fittings and fixtures that are in compliance with standards established in accordance with 42 USC § 300g-6(e).

"Lead service line" means a service line pipeline made of lead that connects the water distribution main to the building inlet and any lead pigtail, gooseneck, or other fitting that is connected to such lead line the lead pipeline.

"Leakage" means the loss of potable water from the distribution system, up to the points of service connections, through breaks or defects in piping and piping appurtenances.

"Legionella" means a genus of bacteria, some species of which have caused a type of pneumonia called Legionnaires disease.

"Level 1 assessment" means an evaluation to identify the possible presence of sanitary defects, defects in distribution system coliform monitoring practices, and, when possible, the likely reason that the waterworks triggered the assessment.

"Level 2 assessment" means an evaluation to identify the possible presence of sanitary defects, defects in distribution system coliform monitoring practices, and, when possible, the likely reason that the waterworks triggered the assessment in a more comprehensive investigation than a Level 1 assessment.

"Liquid chlorine" means a liquefied, compressed chlorine gas as shipped in commerce.

"Locational running annual average" or "LRAA" means the average of sample analytical results for samples taken at a particular monitoring location during the previous four calendar quarters.

"Log inactivation (log removal)" means that a 99% reduction is a 2-log inactivation; a 99.9% reduction is a 3-log inactivation; a 99.99% reduction is a 4-log inactivation means the inactivation of organisms expressed on a logarithmic scale. For example, a 99.9% inactivation is a 3-log inactivation; whereas a 99.99% inactivation is a 4-log inactivation.

"Log removal" means the removal of organisms expressed on a logarithmic scale. For example, a 99.9% is a 3-log removal; whereas a 99.99% removal is a 4-log removal.

"Manmade beta particle and photon emitters" means all radionuclides emitting beta particles and/or photons listed in the most current edition of "Maximum Permissible Body Burdens and Maximum Permissible Concentration of Radionuclides in Air or Water for Occupational Exposure," National Bureau of Standards Handbook 69, except the daughter products of thorium-232, uranium-235 and uranium-238.

"Maximum contaminant level" or "MCL" means the maximum permissible level of a contaminant in pure potable water that is delivered to any user consumer of a waterworks. MCLs are set as close to the MCLGs as feasible using the best available treatment technologyBAT. MCLs may be either "primary" (PMCL), meaning based on health considerations, or "secondary" (SMCL), meaning based on aesthetic considerations.

"Maximum contaminant level goal" or "MCLG" means the maximum level of a contaminant in drinking water at which no known or anticipated adverse effect on the health of persons would occur and that allows an adequate margin of safety. Applying an adequate margin of safety to the MCLG allows the MCL to be set as the standard. Maximum contaminant level goals are nonenforceable non-enforceable health goals.

"Maximum daily water demand" means the rate of water usage during the day of maximum water use.

"Maximum residual disinfectant level" or "MRDL" means a level of a disinfectant added for water treatment that may not be exceeded at the consumer's tap without an unacceptable possibility of adverse health effects. For chlorine and chloramines, a waterworks is in compliance with the MRDL when the running annual average of monthly averages of samples taken in the distribution system, computed quarterly, is less than or equal to the MRDL. For chlorine dioxide, a waterworks is in compliance with the MRDL when daily samples are taken at the entrance to the distribution system and no two consecutive daily samples exceed the MRDL. MRDLs are enforceable in the same manner as maximum contaminant levels. There is convincing evidence that addition of a disinfectant is necessary for control of waterborne microbial contaminants. Notwithstanding the MRDLs listed in Table 2.12, operators may increase residual disinfectant levels of chlorine or chloramines (but not chlorine dioxide) in the distribution system to a level and for a time necessary to protect public health to address specific microbiological contamination problems caused by circumstances such as distribution line breaks, storm runoff events, source water contamination, or cross-connections.

"Maximum residual disinfectant level goal" or "MRDLG" means the maximum level of a disinfectant added for water treatment at which no known or anticipated adverse effect on the health of persons would occur, and that allows an adequate margin of safety. MRDLGs are nonenforceable health goals and do not reflect the benefit of the addition of the chemical for control of waterborne microbial contaminants.

"Maximum total trihalomethane potential" or "MTP" means the maximum concentration of total trihalomethanes (TTHMs) produced in a given water containing a residual disinfectant residual after seven days at a temperature of 25°C or above.

"Medium waterworks" means, for the purpose of 12VAC5-590-375 and 12VAC5-590-405 only, a waterworks that serves greater than 3,300 and less than or equal to 50,000 persons.

"Membrane filtration" means a pressure or vacuum-driven separation process in which particulate matter larger than one micrometer is rejected by an engineered barrier, primarily through a size exclusion mechanism, and that has a measurable removal efficiency of a target organism that can be verified through the application of a direct integrity test. This definition includes the common membrane technologies of microfiltration, ultrafiltration, nanofiltration, and reverse osmosis Included in this definition are the common membrane classifications of microfiltration (MF), ultrafiltration (UF), nanofiltration (NF), and reverse osmosis (RO).

"Membrane module" means the smallest component of a membrane unit in which a specific membrane surface area is housed in a device with a filtrate outlet.

"Membrane technologies" means those processes that use a permeable membrane to remove ions, molecules, or particles from the process stream, such as MF, UF, NF, RO, and EDR.

"Membrane unit" means a group of membrane modules that share common valving that allows the unit to be isolated from the rest of the system for the purpose of integrity testing or other maintenance.

"Method detection limit" or "MDL" means the minimum concentration of a substance that can be measured and reported with 99% confidence that the analyte concentration is greater than zero and is determined from analysis of a sample in a given matrix containing the analyte.

"Microfiltration" or "MF" means a pressure-driven membrane technology that separates particles, based on the pore-size rating of the membrane, from a feed stream by using a sieving mechanism. Typically, MF can remove particles down to 0.1 micrometer in size.

"Most probable number" or "MPN" means that the density or number of organisms per unit volume that, in accordance with statistical theory, would be more likely than any other number to yield the observed test result or that would yield the observed test result with the greatest frequency, expressed as density of organisms per 100 milliliters. Results are computed from the number of positive findings of coliform-group organisms resulting from multiple-portion decimal-dilution plantings most likely to be present in a water sample, and obtained from method-specific statistical MPN tables. 

"MPA" means the microscopic particulate analysis method approved by EPA for use in the determination of whether a groundwater is under the influence of surface water.

"Nanofiltration" or "NF" means a pressure-driven membrane technology designed to remove multivalent ions ("softening") and other constituents based on the pore size, which ranges from 1 – 10 nanometers. Nanofiltration membranes typically operate under a pressure range of 600 – 1100 psi.

"ND" means "nondetected" and is typically used by laboratories to express the absence of an analyte in a test sample.

"Noncommunity waterworks" means a waterworks that is not a community waterworks, but operates at least 60 days out of the year.

"Nonpotable water" means water not classified as pure water.

"Nontransient noncommunity waterworks" or "NTNC" means a waterworks that is not a community waterworks and that regularly serves at least 25 of the same persons over six months out of the year. When used in the context of an NTNC, "regularly serves" means four or more hours per day, for four or more days per week, for 26 or more weeks per year.

"NSF" means the National Sanitation Foundation.

"Office" or "ODW" means the Commonwealth of Virginia, Department of Health, Office of Drinking Water.

"One hundred year flood elevation level" or "100-year flood elevation" means the flood elevation that will, over a long period of time, be equaled or exceeded on the average once every 100 years that has a 1% probability of being equaled or exceeded in any given year.

"Operating staff" means individuals employed or appointed by an owner to work at a waterworks. Included in this definition are operators, whether or not their license is appropriate for the classification and category of the waterworks, and unlicensed individuals.

"Operator" means any individual with the requisite skills, employed or appointed by any owner, and who is designated by such the owner to be the person in responsible charge, such as having full responsibility for the waterworks operations and any subordinate operating staff. The individual may be a supervisor, a shift operator, or a substitute in charge, and whose duties include testing or evaluation to control waterworks operations. Not included in this definition are superintendents or directors of public works, city engineers, or other municipal or industrial officials whose duties do not include the actual operation or direct supervision of waterworks.

"Optimal corrosion control treatment" means the corrosion control treatment that minimizes the lead and copper concentrations at users' consumers' taps while ensuring that the treatment does not cause the waterworks to violate any other section of this chapter.

"Optimum fluoride ion concentration" means that fluoride ion concentration recommended by the U.S. Public Health Service for protection from dental caries.

"Owner" or "water purveyor" means an individual, group of individuals, partnership, firm, association, institution, corporation, governmental entity, or the federal government that supplies or proposes to supply water to any person within this state Commonwealth from or by means of any waterworks (see Article 2 (§ 32.1-167 et seq.) of Chapter 6 of Title 32.1 of the Code of Virginia).

"PAC" means powdered activated carbon.

"PCBs" means polychlorinated biphenyls.

"PER" means a preliminary engineering report.

"Permit" means an authorization granted by the commissioner to construct or operate a waterworks.

"Permitted capacity" means the limiting hydraulic capability of the waterworks, taking into consideration the source water capacity, treatment facilities, finished water storage, delivery, and distribution system.

"Person" means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, or instrumentality thereof.

"pH" means the negative logarithm of the hydrogen ion concentration of an aqueous solution.

"Physical disconnection" means the removal or absence of pipes, fittings, or fixtures that connect a waterworks directly or indirectly to any other water system.

"Picocurie" or "pCi" means that quantity of radioactive material producing 2.22 nuclear transformations per minute.

"Plant intake" means the works or structures at the head of a conduit through which water is diverted from a source (e.g., river or lake) into the treatment plant.

"PMCL" – see "Maximum contaminant level".

"Point of disinfectant application" means the point where the disinfectant is applied and water downstream of that point is not subject to recontamination by surface water runoff.

"Point-of-entry treatment device" or "POE device" means a treatment device applied to the water entering a house or building for the purpose of reducing contaminants in the water distributed throughout the house or building.

"Point-of-use treatment device" or "POU device" means a treatment device applied to a single tap for the purpose of reducing contaminants in the water at that one tap.

"Pollution" means the presence of any foreign substance (chemical, physical, radiological, or biological) in water that tends to degrade its quality so as to constitute an unnecessary risk to human health or impair the usefulness of the water.

"Pollution hazard" means a condition through which an aesthetically objectionable or degrading material may enter the waterworks or a consumer's water system.

"Postchlorination" means the application of chlorine to water subsequent to treatment.

"Potable water" – see "Pure water."

"Practical quantitation level" or "PQL" means the lowest level achievable by good laboratories within specified limits during routine laboratory operating conditions that can be reliably measured within specified limits of precision and accuracy during routine laboratory conditions.

"Prechlorination" means the application of chlorine to water prior to before filtration.

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

"Pressure vacuum breaker assembly" means an assembly designed to prevent backsiphonage and used for high-hazard or low-hazard situations, composed of an independently operating, spring-loaded check valve; an independently operating, spring-loaded air-inlet valve; and tightly closing shutoff valves located at each end of the assembly; and fitted with properly located test cocks.

"Primary disinfection" means disinfection to achieve a desired level of inactivation of targeted pathogenic organisms in water by chemical or physical agents as an integral part of the treatment process.

"Process fluids" means any fluid or solution that may be chemically, biologically, or otherwise contaminated or polluted that would constitute a health, pollutional environmental, or system hazard if introduced into the waterworks. This includes, but is not limited to: (i) polluted or contaminated water; (ii) used waters; (iii) cooling waters; (iv) contaminated natural waters taken from wells, lakes/reservoirs, streams, or irrigation systems; (v) chemicals in solution or suspension; or (vi) oils, gases, acids, alkalis, and other liquid and gaseous fluid used in industrial or other processes.

1. Polluted or contaminated water;

2. Process waters;

3. Used waters, originating from the waterworks that may have deteriorated in sanitary quality;

43. Cooling waters;

54. Contaminated natural waters taken from wells, lakeslakes/reservoirs, streams, or irrigation systems;

65. Chemicals in solution or suspension; and or

76. Oils, gases, acids, alkalis, and other liquid and gaseous fluid used in industrial or other processes, or for firefighting purposes.

"Process water" means water used for dissolving dry chemicals; diluting liquid chemicals; and operating chemical feeders, treatment facilities, or equipment.

"Project documents" means the engineer's report, design criteria, preliminary and final plans, specifications, and procurement documents for the construction of new waterworks or modifications to existing waterworks.

"Pure water" means water fit for human consumption that is (i) sanitary and normally free of minerals, organic substances, and toxic agents in excess of reasonable amounts and (ii) adequate in quantity and quality for the minimum health requirements of the persons served (see Article 2 (§ 32.1-167 et seq.) of Chapter 6 of Title 32.1 of the Code of Virginia).

"Raw water main" means a water main that conveys untreated water from a source to a treatment facility.

"QCRV" means the quality control release value used in challenge tests of microfiltration (MF) and ultrafiltration (UF) membrane filters.

"RAA" means running annual average.

"Reduced pressure principle backflow prevention deviceassembly" or "RPZ deviceassembly" means a device containing a minimum of two independently acting check valves together with an automatically operated pressure differential relief valve located between the two check valves an assembly designed to prevent backsiphonage or backpressure backflow used for high or low hazard situations, composed of two independently operating spring-loaded check valves together with an independent, hydraulically operating pressure differential relief valve located between the two check valves. During normal flow and at the cessation of normal flow, the pressure between these two checks shall be less than the supply pressure. In case of leakage of either check valve, the differential relief valve, by discharging to the atmosphere, shall operate to maintain the pressure between the check valves at less than the supply pressure. The unit assembly shall include tightly closing shutoff valves located at each end of the device RPZ assembly, and each device shall be fitted with properly located test cocks. These devices shall be of the approved type.

"Regulations" means the Waterworks Regulations (12VAC5-590).

"REM" means the unit of dose equivalent from ionizing radiation to the total body or any internal organ or organ system. A millirem (MREM) (mrem) is 1/1000 of a REM.

"Repeat compliance period" means any subsequent compliance period after the initial compliance period.

"Residual disinfectant concentration" ("C" in CT Calculations) means the concentration of disinfectant measured in mg/L in a representative sample of water.

"Responsible charge" means designation by the owner of any individual to have duty and authority to operate or modify the operation of waterworks processes.

"Reverse osmosis" or "RO" means a membrane technology designed to remove salts, low-molecular weight solutes, and all other constituents up to 0.0001 micron in size by applying a pressure in excess of osmotic pressure to force water through a semi-permeable membrane from a region of high solution concentration to a region of lower solution concentration.

"Sanitary facilities" means piping and fixtures, such as sinks, lavatories, showers, and toilets, supplied with potable water and drained by wastewater piping.

"Sanitary defect" means a defect that could provide a pathway of entry for microbial contamination into the distribution system or that is indicative of a failure or imminent failure in a protective barrier that is already in place.

"Sanitary survey" means an evaluation conducted by ODW the department of a waterworks' water supply, facilities, equipment, operation, maintenance, monitoring records, and overall management of a waterworks to ensure the provision of pure potable water.

"SDWA" means the Safe Drinking Water Act and its amendments.

"Seasonal waterworks" means a noncommunity waterworks that is not operated as a waterworks on a year-round basis, and starts up and shuts down at the beginning and end of each operating season.

"Secondary water source" means any approved water source, other than a waterworks' primary source, connected to or available to that waterworks for emergency or other nonregular use.

"Secondary disinfection" means disinfection by chemical oxidants or equivalent agents applied at the entry point or in the distribution system to provide a residual disinfectant in water to maintain water quality and safeguard against chance contamination from permeation, leaching, intrusion, regrowth, or biofilms.

"Sedimentation" means a process for removal of solids before filtration by gravity or separation.

"Service connection" means the point of delivery of finished water to a customer's building service line as follows: from a waterworks to a consumer's water system, fire protection system, irrigation system, and to all other points where finished water is delivered through the distribution system to a consumer. Service connections may be permanent, temporary, or emergency.

1. If a meter is installed, the service connection is the downstream side of the meter;

2. If a meter is not installed, the service connection is the point of connection to the waterworks;

3. When the water purveyor is also the building owner, the service connection is the entry point to the building.

"Service line sample" means a one-liter sample of water, collected in accordance with 12VAC5-590-375 B 2 c, that has been standing for at least six hours in a service line.

"Sewer" means any pipe or conduit used to convey sanitary sewage, stormwater, or industrial waste streams. Combined sewers convey both stormwater and sanitary sewage.

"Significant deficiency" means any defect in a waterworks' design, operation, maintenance, or administration, as well as the failure or malfunction of any waterworks component, that may cause, or has the potential to cause, an unacceptable risk to health or could affect the reliable delivery of pure potable water to consumers.

"Single-family structure" means, for the purpose of 12VAC5-590-375 B only, a building constructed as a single-family residence that is currently used as either a residence or a place of business.

"Site visit" means a tour of a waterworks by department staff or other authorized persons for purposes including assessing and documenting its physical condition, operations, and compliance activities.

"Slow sand filtration" means a process involving passage of raw source water through a bed of sand at low velocity (generally less than 0.4 m/h) resulting in substantial particulate removal by physical and biological mechanisms.

"Small waterworks" means, for the purpose of 12VAC5-590-375, 12VAC5-590-405, 12VAC5-590-530 F and 12VAC5-590-550 D only, a waterworks that serves 3,300 persons or fewer.

"Standard sample" means that portion of finished drinking water that is examined for the presence of coliform bacteria.

"SMCL"– see "Maximum contaminant level".

"SOP" means standard operating procedure.

"Source water" means water as it is pumped or otherwise withdrawn from a well, spring, stream, lake/reservoir, or any body of surface water (natural or impounded), and before any treatment.

"Supervisory control and data acquisition" or "SCADA" means a computer-controlled system used by a waterworks to monitor its operations. Typical design features may be specific to individual waterworks and include alarm, response, control, and data acquisition.

"Surface water" means all water open to the atmosphere and subject to surface runoff.

"SUVA" means specific ultraviolet absorption at 254 nanometers (nm), an indicator of the humic content of the water. It is a calculated parameter obtained by dividing a sample's ultraviolet absorption at a wavelength of 254 nm (UV254) (in m-1) by its concentration of dissolved organic carbon (DOC) DOC (in mg/L).

"Synthetic organic chemicals" or "SOC" means one of the family families of organic manmade compounds generally utilized for agriculture or industrial purposes.

"Synthetic organic chemical" or "SOC" means a man-made organic compound, generally utilized for agriculture or industrial purposes. Table 340.2 lists SOCs regulated as contaminants.

"System hazard" means a condition posing an actual, or threat of, damage to the physical properties of the waterworks or a consumer's water system.

"TDS" means total dissolved solids.

"Terminal reservoir" means an impoundment providing end storage of water prior to treatment.

"TMF" means the technical, managerial, and financial capabilities to operate and maintain a waterworks.

"Too numerous to count" or "TNTC" means that the total number of bacterial colonies exceeds 200 on a 47-mm diameter membrane filter used for coliform detection.

"Total effective storage volume" means the volume available to store water in distribution reservoirs measured as the difference between the reservoir's overflow elevation and the minimum storage elevation. The minimum storage elevation is that elevation of water in the reservoir that can provide a minimum pressure of 20 psi at a flow as determined in 12VAC5-590-690 C to the highest elevation served within that reservoir's service area under systemwide maximum daily water demand.

"Total organic carbon" or "TOC" means total organic carbon in miiligrams per liter (mg/l) mg/L measured using heat, oxygen, ultraviolet irradiation, chemical oxidants, or combinations of these oxidants that convert organic carbon to carbon dioxide, rounded to two significant figures.

"Total trihalomethanes" or "TTHM" means the sum of the concentrations of the trihalomethanes (THMs) expressed in milligrams per liter (mg/L) and rounded to two significant figures. For the purpose of these regulations, the TTHMs this chapter, TTHM shall mean trichloromethane (chloroform), dibromochloromethane, bromodichloromethane, and tribromomethane (bromoform).

"Transient noncommunity waterworks" or "TNC" means a noncommunity waterworks that is not a nontransient noncommunity waterworks (NTNC). A TNC serves at least 25 persons daily for at least 60 days out of the year.

"Transmission main" means a water main whose primary purpose is to move significant quantities of treated water among service areas.

"Treatment" means any process that changes the chemical, physical, radiological, or bacteriological quality of water.

"Treatment technique requirement" or "TT" means a requirement that specifies for a contaminant a specific treatment technique(s) technology or process demonstrated to the satisfaction of the division department to lead to a reduction in the level of such a specific contaminant sufficient to comply with these regulations this chapter.

"Triggered source water monitoring" means monitoring required of any groundwater system as a result of a total coliform-positive sample in the distribution system.

"Trihalomethane" or "THM" means one of the family of organic compounds, named as derivatives of methane, wherein three of the four hydrogen atoms in methane are each substituted by a halogen atom in the molecular structure.

"Two-stage lime softening" means a process in which chemical addition and hardness precipitation occur in each of two distinct unit clarification processes in series prior to filtration.

"Ultrafiltration" or "UF" means a membrane technology designed to remove particles up to 0.01 micron in size.

"Unconsolidated" means loose sediment that has not been compacted, cemented, lithified, or metamorphosed into rock; sediment may be derived from a sedimentary-type, igneous-type, metamorphic-type rock, which includes clay, silt, sand, gravel, and mixtures of  these particle types.

"Uncovered finished water storage facility" means a tank, reservoir, or other facility used to store water that will undergo no further treatment to reduce microbial pathogens (except residual disinfection) and is directly open to the atmosphere.

"Unregulated contaminant" or "UC" means a contaminant for which a monitoring requirement has been established, but for which no MCL or treatment technique requirement has been established.

"USBC" means the Uniform Statewide Building Code, 13VAC5-63.

"Used water" means any water supplied by a water purveyor from the waterworks to a consumer's water system after it has passed through the service connection and is no longer under the control of the owner.

"UV" means ultraviolet.

"Variance" means allowing a waterworks that satisfies the criteria in 12VAC5-590-140 to provide drinking water that does not fully comply with the regulations. a conditional waiver of a specific regulation that is granted to a specific waterworks. A PMCL variance is a variance to a primary maximum contaminant level, or a treatment technique requirement. An operational variance is a variance to an operational regulation or a secondary maximum contaminant level SMCL. Variances for monitoring, reporting and public notification requirements will not be granted.

"Virus" means a microbe virus of fecal origin that is infectious to humans by waterborne transmission, and must be preemptively inactivated through disinfection before human consumption.

"Volatile synthetic organic chemical" or "VOC" means one of the family families of manmade organic compounds generally characterized by low molecular weight and rapid vaporization at relatively low temperatures or pressures.

"Volatile organic chemical" or "VOC" means an organic compound generally characterized by its low molecular weight and its tendency to vaporize rapidly at relatively low temperatures and pressures. Table 340.2 lists VOCs regulated as contaminants.

"VOSH" means the Virginia Occupational Safety and Health program.

"Waiver" means permission from the department to deviate from the monitoring and reporting requirements in the regulations for a specific contaminant.

"Waterborne disease outbreak" means the significant occurrence of acute infectious illness, epidemiologically associated with the ingestion of water from a waterworks that is deficient in treatment, as determined by the commissioner or the State Epidemiologist.

"Water purveyor" (same as owner).

"Water supply" means the source of water that shall have been taken into a waterworks from all including wells, streams, springs, lakes, and other bodies of surface waters (natural or impounded), and the tributaries thereto, and all impounded groundwater, but the. The term "water supply" shall not include any waters above the point of intake of such the waterworks (see Article 2 (§ 32.1-167 et seq.) of Chapter 6 of Title 32.1 of the Code of Virginia).

"Water supply main" or "main" means any water supply pipeline that is part of a waterworks distribution system.

"Water treatment plant" means that portion of a waterworks intended specifically for water treatment; it may include, among other operations, coagulation, sedimentation, filtration, and disinfection.

"Water Well Completion Report" means a report form published by the State Water Control Board entitled "Water Well Completion Report," which requests specific information pertaining to the ownership, driller, location, geological formations penetrated, water quantity and quality encountered as well as construction of water wells. The form is to be completed by the well driller.

"Waterworks" means a system that serves piped water for human consumption to at least 15 service connections or 25 or more individuals for at least 60 days out of the year. "Waterworks" includes all structures, equipment, and appurtenances used in the storage, collection, purification, treatment, and distribution of pure potable water except the piping and fixtures inside the building where such water is delivered (see Article 2 (§ 32.1-167 et seq.) of Chapter 6 of Title 32.1 of the Code of Virginia).

"Waterworks business operation plan" – see "Comprehensive business plan."

"Waterworks with a single service connection" means a waterworks that supplies drinking water to consumers via a single service line.

"Wholesale waterworks" means a waterworks that treats source water as necessary to produce finished potable water and then delivers some or all of that finished potable water to another waterworks. Delivery may be through a direct connection or through the distribution system of one or more consecutive waterworks.

B. Units of measurement.

°C – degrees Celsius

CU – color units

ft2 – square feet of area

ft/min – feet per minute

ft/sec – feet per second

gpd – gallons per day

gpd/ft2 – gallons per day per square foot

gpm – gallons per minute

gpm/ft – gallons per minute per foot

gpm/ft2 – gallons per minute per square foot

in – inches   

lb – pounds

lb/day – pounds per day

lb/ft2 – pounds per square foot

MFL – million fibers per liter

MGD – million gallons per day

mg/L – milligrams per liter

min – minutes

mJ/cm2 – millijoules per square centimeter

mrem – millirem

nm – nanometer (10-9 meter)

NTU – nephelometric turbidity units

pCi – picocuries

pCi/L – picocuries per liter

ppb - parts per billion, or micrograms per liter (μg/L)

ppm – parts per million, or milligrams per liter (mg/L)

ppq – parts per quadrillion, or pictograms per liter (pq/L)

ppt – parts per trillion, or nanograms per liter (ng/L)

psi – pounds per square inch

psig – pounds per square inch gauge

scfm/ft2 –  standard cubic feet per minute per square foot

µm – micrometers (10-6 meter or microns)

µg/L – micrograms per liter

µS/cm – microSiemens per centimeter

W/m2 –  Watts per square meter

Article 2
General Information

12VAC5-590-20. Authority for regulations. (Repealed.)

Article 2 (§ 32.1-5 et seq.) of Chapter 1 of Title 32.1 of the Code of Virginia provides that the State Board of Health has the duty to protect the public health and to ensure that all water supplies destined for public consumption be pure water. In order to discharge that duty, the board is empowered to supervise and regulate all waterworks and water supplies within the state (see Article 2 of Chapter 1 of Title 32.1 of the Code of Virginia).

12VAC5-590-30. Purpose of regulations. (Repealed.)

These regulations have been promulgated by the board to: 1. Ensure that all water supplies destined for public consumption be pure water; 2. Guide the commissioner in his determination of whether a permit for a public water supply or waterworks should be issued; and 3. Assist the owner or his authorized engineer in the preparation of an application, plans, specifications, reports and other data.

12VAC5-590-35. Delegation of authority.

The commissioner, or the commissioner's designee, may perform any act of the board provided under this chapter, except as limited by § 32.1-20 of the Code of Virginia.

 12VAC5-590-40. Administration of regulations this chapter.

These regulations are administered by the following parties:

1. State Board of Health, which has responsibility A. The board is responsible for promulgating, amending, and repealing regulations which to ensure a supply of pure potable water.

2. State Health Commissioner, who is the executive officer B. The commissioner is vested with all the authority of the State Board of Health with the authority of the board when it is not in session, and subject to such rules and regulations as may be prescribed by the board.

3.Division of Water Supply Engineering, which C. The department is designated as the primary reviewing agent of the board for the purpose of administering this chapter. It examines and passes upon the technical aspects of all applications and plans for waterworks projects prior to the before drafting of a permit for final approval by the State Health Commissioner commissioner. It also has primary responsibility for monitoring waterworks operations to ensure that water supplied to the public is pure consumers is potable water.

4. Central and field offices, which are maintained by the division, the central office is located in Richmond, Virginia. The Office of Water Programs maintains six field offices which are responsible for activities of the division within their service areas. Applications for waterworks permits should be submitted to the appropriate field office. The addresses of the field offices and a description of the areas that they serve are listed in Appendix C.

5. Waterworks Advisory Committee, which shall be appointed by the commissioner, shall consist of thirteen appointed members and three ex officio members specified below. The commissioner shall appoint to the Waterworks Advisory Committee one individual each from the following: a member of the Virginia Section American Water Works Association; a member of the Virginia Society of Professional Engineers; a member of the Virginia Water Well Association, Inc.; a member of the Consulting Engineers Council; a water treatment plant operator having a valid license of the highest classification in waterworks issued by the State Board for Waterworks and Wastewater Works Operators; a faculty member of a state university or college whose principal field of teaching is Environmental Engineering; a community waterworks owner; a nontransient noncommunity (NTNC) representative; a representative from Virginia Rural Water Association; a representative from Virginia Water Projects, Inc.; a representative from the Virginia Municipal League; a representative from the Virginia Association of Counties; and a citizen representative. Ex officio members shall consist of the Director, Office of Water Programs, who shall act as chairman; Director, Division of Water Supply Engineering; and Director, Division of Consolidated Laboratory Services or their designees.

Appointed members shall serve at the discretion of the commissioner with staggered terms being of three years in duration. The Waterworks Advisory Committee shall make recommendations to the commissioner regarding waterworks and water supply policies, procedures and programs of the division. 

12VAC5-590-45. Waterworks Advisory Committee (WAC).

A. A WAC shall be formed by the commissioner to provide peer review of the regulatory, policy, and legislative aspects of the department's authorities. Committee members shall consist of industry professionals employed outside the department with longstanding expertise or vested interest in waterworks operations and represent a diverse group of stakeholders. Members shall be experts in the fields of water treatment technologies, public health, water quality, economics, environmental science, public utilities, community development, or industry regulations. A minimum of nine persons shall be appointed to the committee by the commissioner.

B. The WAC will convene at least quarterly.

C. WAC meetings will be considered public meetings. Notice of scheduled meetings will be posted on the Virginia Regulatory Town Hall at least seven working days before the date of the meeting. Meeting minutes will be posted to the Virginia Regulatory Town Hall within 10 working days after the meeting.

D. Each member of the WAC shall hold office for a term of three years, except that:

1. With approval by the commissioner, members are eligible for reappointment to consecutive terms.

2. Each member of the WAC serves at the pleasure of the commissioner.

E. The commissioner shall appoint the chair of the WAC.

F. The WAC shall have a department staff member serve as secretary.

12VAC5-590-50. Application of regulations to waterworks and water supplies in operation or planned prior to before the effective date of the regulations.

Waterworks and water supplies which were in operation prior to the effective date of the regulations may continue operation if they comply with the operational regulations set forth in Part II. Operation permits, which will be in addition to all permits previously received, will be issued to such waterworks as soon as practicable after the effective date of these regulations.

A. Waterworks and water supplies unable to comply with Part II of this chapter may be issued the appropriate variances and/or exemptions in conjunction with the operation permit to allow continued operation during the period of adjustment. Any variances and/or exemptions will be issued in accordance with the procedures contained in Article 3 of Part I of this chapter The owner shall comply with Part II of this chapter unless a variance or exemption is issued by the commissioner.

B. Compliance with design criteria set forth in Parts Part III and IV of this chapter is necessary for waterworks modification limited to modifications to existing waterworks and for all construction of new waterworks commenced after the effective date of these revised regulations this chapter. Portions of waterworks not being modified are not required to comply with the design criteria of Part III. Waterworks construction or modification is deemed to be commenced for purposes of this section upon receipt of final plans and specifications by the field office issuance of the construction permit.

C. Compliance with the requirements set forth in Parts Part III and IV of this chapter for materials, construction methods, disinfection, etc., is necessary for all repairs to pipes, tanks, pumps, and appurtenances which that are part of a waterworks.

D. Volatile Synthetic Organic Chemicals (VOCs) and Unregulated Contaminants (UCs) Regulations are effective immediately for those community and NTNC waterworks which serve more than 10,000 persons. The VOC and UC regulations are effective immediately for community and NTNC waterworks serving 3,300 to 10,000 persons. The VOC and UC regulations become effective on January 1, 1991, for community and NTNC waterworks serving less than 3,300 persons. (See Table 2.7.)

E. The Lead and Copper Regulations establish a treatment technique that includes requirements for corrosion control treatment, water supply (source water) treatment, lead service line replacement, and public education. These requirements are triggered, in some cases, by lead and copper action levels measured in samples collected at consumers' taps. Unless otherwise indicated, each of the provisions of 12VAC5-590-375, 12VAC5-590-405, 12VAC5-590-530 F and 12VAC5-590-550 D applies to community waterworks and nontransient noncommunity waterworks. The requirements set forth in 12VAC5-590-375, 12VAC5-590-530 D and 12VAC5-590-550 D shall take effect on July 7, 1991.

12VAC5-590-55. Relationship of this chapter to the USBC.

A. This chapter governs waterworks' facilities from any source water to all service connections.

B. In accordance with § 36-98 of the Code of Virginia and the USBC, the USBC governs the construction of buildings and structures, including plumbing systems and backflow prevention methods. The USBC also governs the water service piping from the service connection to a building or structure.

C. Notwithstanding subsections A and B of this section, this chapter shall govern:

1. Water treatment, storage, pumping facilities, and water piping that are part of a waterworks and housed in any building or structure; and

2. Backflow prevention assemblies or elimination methods, or both, installed for containment and located downstream from the service connection, including where located in any building or structure.

Article 3

Procedures

12VAC5-590-60. Compliance with the Administrative Process Act. (Repealed.)

The provisions of the Administrative Process Act (Chapter 1.1:1 of Title 9) and Title 32.1 of the Code of Virginia govern this chapter. All procedures outlined below are in addition to, or in compliance with, the requirements of that Act.

12VAC5-590-70. Powers and procedures.

The board reserves the right to authorize utilize any lawful procedure for the enforcement of this chapter that is consistent with the provisions set forth herein and the provisions of Title 32.1 of the Code of Virginia.

12VAC5-590-80. Procedure. (Repealed).

Regulations for the operations, construction, or modification of a waterworks or water supply are established, amended, or repealed only in accordance with the Administrative Process Act.

12VAC5-590-100. Exception; emergency regulations.

If the establishment of a regulation is necessary for the preservation of public health, safety, or welfare to meet any emergency, not provided for by this chapter, the board or commissioner, acting on behalf of the board when it is not in session, may immediately promulgate and adopt the necessary regulation by complying with the procedures set forth in either §§ 2.2-4011 or 32.1-13 of the Code of Virginia.

12VAC5-590-110. Enforcement.

All waterworks must be operated in compliance with the requirements as set forth in this chapter as follows:

1. A. Notice. Whenever the commissioner, his appointed representative, or the division department has reason to believe that a violation of Title 32.1 or of the Code of Virginia or of any section of this chapter has may have occurred or is may be occurring, the division department shall so notify the alleged violator. Such The notice shall (i) be in writing; (ii) shall cite the statute, regulation or regulations that are allegedly being violated, violated; and shall (iii) state the facts which that form the basis for believing that the violation has may have occurred or is may be occurring; and (iv) include information on the process for obtaining a final decision or fact finding from the department on whether or not a violation has occurred. A notice of violation This notification is not an official finding, case decision, or adjudication, but may be accompanied by include a request that certain to the owner to respond timely and to take specific corrective action be taken by a stated deadline.

2. B. Orders. Pursuant to § 32.1-26 of the Code of Virginia, the commissioner board may issue orders to require any owner to comply with the provisions of Title 32.1 of the Code of Virginia or this chapter any law administered by it, the commissioner, or the department, any regulations promulgated by the board, including any section of this chapter, or any case decision of the board or commissioner. The order shall be signed by the commissioner and commissioner, acting on behalf of the board when it is not in session, will sign the order and it may require:

a. 1. The immediate cessation or correction of the violation;

b. 2. The acquisition or use of additional equipment, supplies, or personnel to ensure that the violation does not recur;

c. 3. The submission of a plan to prevent future violations;

d. 4. The submission of an application for a variance or exemption;

e. 5. Any other corrective action deemed necessary for proper compliance with the this chapter; or

f. Division review 6. Evaluation and approval, if appropriate, of the required submissions, if appropriate.

3. C. Compliance with effective orders and this chapter. The commissioner may act as the agent of the board to enforce all effective orders and this chapter. Should any owner fail to comply with any effective order or this chapter, the commissioner may:

a. 1. Institute a an administrative proceeding to revoke the owner's permit in accordance with 12VAC5-590-320 and § 32.1-174 of the Code of Virginia, or other appropriate administrative remedies;

b. Apply to an appropriate court for an injunction or other legal process to prevent or stop any practice in violation of the order;

c. 2. Request attorney for the Commonwealth criminal prosecution by a Commonwealth's Attorney with the appropriate jurisdiction in accordance with § 32.1-27 of the Code of Virginia to bring a criminal action;

d. 3. Request civil action by the Attorney General to bring an action for impose a civil penalty, injunction seek injunctive relief, or other appropriate remedy legal remedies pursuant to §§ 32.1-27 and 32.1-176 of the Code of Virginia; or

e. 4. Do any combination of the abovesubdivision C 1, C 2, or C 3 of this section.

4. D. Special Order. Pursuant to § 32.1-175.01 of the Code of Virginia, the commissioner may, after an informal fact-finding proceeding held in accordance with § 2.2-4019 of the Code of Virginia, issue a special order that may include a civil penalty against an owner who violates the Public Water Supply Law, §§ 32.1-167 through 32.1-176 of the Code of Virginia, this chapter, or any order of the board.

E. Graduated enforcement actions. Nothing in this section shall prevent the commissioner or the division from taking action prior to issuing an order or department from making efforts to obtain voluntary compliance through conference, warning, or other appropriate means before issuance of an order, instituting an administrative proceeding, or requesting an action by a Commonwealth's Attorney or the Attorney General.

5. Hearing as a matter of right (see 12VAC5-590-180).

 

12VAC5-590-115. Administrative proceedings.

A. Types of administrative proceedings. Administrative proceedings before the board, the commissioner, or the commissioner's designee, shall include the following forms depending upon the nature of the controversy and the interests of the named party involved.

1. An informal fact-finding proceeding is an informal conference between the department staff and the named party held in accordance with § 2.2-4019 of the Code of Virginia.

2. A formal hearing is an adjudicatory proceeding before the commissioner or a designated hearing officer held in accordance with § 2.2-4020 of the Code of Virginia.

B. Request for administrative proceeding. The named party may request an administrative proceeding by sending a request, in writing, to the department.

C. Administrative proceeding as a matter of right. The named party whose rights, duties, or privileges have been or may be affected by any action or inaction of the board, commissioner, or department in the administration of this chapter, shall have a right to both an informal fact-finding proceeding and a formal hearing; however, the commissioner reserves the right to require participation in an informal fact-finding proceeding before granting the request for a formal hearing.

12VAC5-590-120. Emergency Orders orders.

A. The commissioner may, pursuant to § 32.1-175 of the Code of Virginia, issue emergency orders in any case where there is an imminent danger to the public health resulting from the operation of any waterworks or the source of a water supply.

B. An emergency order may be communicated by the best practical notice under all the circumstances and is effective immediately upon receipt. The commissioner may order the immediate cessation of the operation of any waterworks or the use of any water supply or the correction of any condition causing the production or distribution of any water constituting an imminent danger to the public health and welfare. The order may state any requirements necessary to remove the danger to the public health, including the immediate cessation of the operation of the waterworks or the use of any water supply.

C. Violation of an emergency order is subject to civil enforcement and is punishable as a criminal misdemeanor.

D. Emergency orders shall be effective for a period determined by the commissioner.

E. Emergency orders may be appealed in accordance with the provisions of the Administrative Process Act APA.

12VAC5-590-125. Chronically noncompliant waterworks.

A. The commissioner may identify a waterworks as chronically noncompliant (CNC) whenever he determines that:

1. The waterworks has a documented performance record that demonstrates the waterworks is not a dependable supplier of potable water;

2. The owner has shown inadequate technical, financial, or managerial capabilities to provide potable water;

3. The owner has failed to comply with an order issued by the commissioner­;

4. The owner has abandoned the waterworks and has discontinued providing potable water to the consumers; or

5. The owner is subject to a forfeiture order pursuant to § 32.1-174.1 of the Code of Virginia.

B. Once If the commissioner determines that a waterworks is CNC a chronically noncompliant waterworks, as defined in § 32.1-167 of the Code of Virginia, he then the commissioner shall issue an order to the owner containing a schedule to bring the waterworks into compliance with this chapter and require the submission of a comprehensive waterworks business operation plan business plan pursuant to § 32.1-172 B of the Code of Virginia. If capital improvements are necessary to bring the waterworks into compliance, and the owner does not possess sufficient assets to make the necessary improvements, the order shall require the owner to make annual, good faith applications for loans, grants, or both, to appropriate financial institutions to secure funding for such improvements, until such the improvements are complete and operational. The owner shall provide a copy of the order to each consumer with a copy of the compliance schedule within 10 calendar days of issuance of the order.

B. Within 15 calendar days of issuance of the commissioner's order, the owner shall certify in writing that a copy of the order was distributed to each consumer within the 10-day period specified in subsection A of this section.

C. The owner shall provide the commissioner  a copy of the notice order was distributed and a signed certification of the distribution completion date  within five calendar days of completing the notification required in subsection B of this section.

D. C. The commissioner shall send a copy of the order to the chief administrative officer of the locality in which the waterworks is located for appropriate action under § 15.2-2146 of the Code of Virginia.

E. D. In addition to the provisions of § 32.1-27 of the Code of Virginia, any owner who violates this chapter, an order of the board, or a statute governing public water supplies shall be subject to those civil penalties provided in §§ 32.1-167 through 32.1-176 Article 2 (§ 32.1-167 et seq.) of Chapter 6 of Title 32.1 of the Code of Virginia.

12VAC5-590-130. Suspension of this chapter.

If, in the case of a manmade man-made or natural disaster, the commissioner finds determines that certain regulations cannot be complied with and that the public health is better served by access to semiregulated or nonregulated water supplies than by the closing of those affected supplies he may suspend, then the application enforcement of the chapter those regulations may be suspended for specific affected localities designated waterworks and institute a provisional regulatory scheme instituted until the disaster is abated the conditions that brought about the suspension have abated.

12VAC5-590-140. Variances.

A. The commissioner may grant a variance to a primary maximum contaminant level (PMCL), a PMCL, SMCL,  treatment technique requirement, or an operational regulation, or a secondary maximum contaminant level (SMCL) by following the appropriate procedures set forth in this section. section:

1. Requirements for a variance. A PMCL variance may be granted to a waterworks from any requirement respecting with respect to a PMCL or SMCL upon a finding that:

a. Alternative sources of water supplies are not reasonably available to the waterworks;

b. The characteristics of the raw water sources which are source water that is reasonably available to the waterworks preventprevents the waterworks from meeting the PMCL or SMCL requirements, and on condition that the waterworks installs the best available technology BAT, treatment techniques, or other means, which the commissioner finds are generally available (taking costs into consideration); and

c. The granting of a variance will not result in an unreasonable risk to the health of persons served by the waterworks.

2. The commissioner may grant a one or more treatment technique variance variances to a waterworks from any requirement of a specified treatment technique upon a finding that the waterworks applying for the variance has demonstrated that such the treatment technique is not necessary to protect the health of persons because of the nature of the raw water source of such source water at the waterworks.

3. The commissioner may grant a variance to a waterworks from an operational regulation or a SMCL if a thorough investigation reveals that the hardship imposed outweighs the benefits that may be received by the public and that the granting of such the variance does not subject the public to unreasonable health risks. An operational variance may not be issued from monitoring, reporting, or public notification requirements.

4. An operational variance may not be issued from monitoring, reporting, or public notification requirements.

B. ApplicationRequest for a variance. Any owner may apply in writing for a variance. The application should request shall be sent to the appropriate field office department for evaluation. All applications requests for a variance shall include the following:

1. A citation of the regulation from which a variance is requested;

2. The nature and duration of the variance requested;

3. Relevant analytical results of water quality sampling of the waterworks, including results of relevant tests conducted pursuant to the requirements of this chapter;

4. A statement of the hardship to the owner and the anticipated impacts to the public health and welfare if a variance were granted;

5. Suggested conditions that might be imposed on the granting of a variance that would limit its detrimental impact on public health and welfare;

6. Other information, if any, believed by the applicant owner to be pertinent to the application request; and

7. Such Any other information as may be required by the commissioner to make the determination.

8C. For any application request made for a PMCL variance, the applicant owner shall also include;:

a1. Explanation in full and evidence of the best available treatment technology BAT and techniques;

b2. Economic and legal factors relevant to the owner's ability to comply;

c3. Analytical results of raw watersource water quality relevant to the variance request;

d4. A proposed compliance schedule including the date each step toward compliance will be achieved. Such The schedule shall include as a minimum the following dates:

(1)a. Date by which arrangement for an alternative raw water source source water or improvement of an existing raw water source source water will be completed;

(2)b. Date of initiation of the connection of the alternative raw water source source water or improvement of the existing raw water source source water; and

(3)c. Date by which final compliance is to be achieved.

e5. A plan for the provision of potable safe drinking water in the case of an excessive rise in the contaminant level for which the variance is requested; and

f6. A plan for interim control measures during the effective period of the variance.; and

g7. A plan for notifying the consumers at least once every three months, or more frequently if determined by the commissioner, that the waterworks is operating under the condition or conditions of a variance.

9D. For any applicationrequest made for a treatment technique variance, the applicantowner must also include a statement that monitoring and other reasonable requirements prescribed by the commissioner as a condition to the variance will be performed.

CE. Consideration of a variance application request.

1. The commissioner shall act on any variance application request submitted pursuant to subsection B of this section within 90 days of receipt of the application submittal.

2. The commissioner will consider comments received during the comment period and testimony in the record of a public hearing held before making a determination.

2.3. In the commissioner's consideration of whether the waterworks is unable to comply with a contaminant level required by this chapter (PMCL variance) because of the nature of the raw water source source water, the commissioner shall consider such factors as the following:

a. The availability and effectiveness of treatment methodsBAT for which the variance is requested.; and

b. Cost and other economic considerations such as implementing treatment, improving the quality of the source water, or using an alternate source.

34. In the commissioner's consideration of whether a waterworks should be granted a variance to a required treatment technique because such the treatment is unnecessary to protect the public health (treatment technique variance), the commissioner shall consider such factors as the following:

a. Quality of the source water source including water quality data and pertinent sources of pollution.; and

b. Source protection measures employed by the waterworks.

45. In the commissioner's consideration of whether a waterworks should be granted a variance to a required operational procedure or SMCL (operational variance), the commissioner shall consider such factors as the following:

a. The effect that such a variance would have on the adequate operation of the waterworks, including operator safety (in accordance with Virginia Occupational Safety and Health laws)(in accordance with VOSH laws and regulations). ;

b. The cost and other economic considerations imposed by this requirement. ; and

c. The effect that such a variance would have on the protection of the public health.

DF. Disposition of a variance application request.

1. The commissioner may reject any application request for a variance by sending a rejection notice to the applicant. The rejection notice shall be in writing and shall state the reasons for the rejection. A rejection notice constitutes a case decision. The applicant has the right to petition for a hearing within 60 days of the date of the rejection to challenge the rejection pursuant to 12VAC5-590-160 and 12VAC5-590-180. If the commissioner proposes to deny the variance, the owner shall be provided with an opportunity for an informal fact-finding proceeding as provided in § 2.2-4019 of the Code of Virginia. 

2. If the commissioner grants the variance, the applicant shall be notified in writing of this decision. Such The notice shall identify the variance, the waterworks covered, and shall specify the period of time for which the variance will be effective.

a. For a PMCL variance as specified in subdivision A 1 of this section, such the notice shall provide that the variance will be terminated when the waterworks comes into compliance with the applicable regulation and may be terminated upon a finding by the commissioner that the waterworks has failed to comply with any requirements of a final schedule issued pursuant to subdivision D F 3 of this section.

b. For a treatment technique variance as specified in subdivision A 2 of this section, such the notice shall provide that the variance may be terminated at any time upon a finding by the commissioner that the nature of the raw water source water supply is such that the specified treatment technique for which the variance was granted is necessary to protect the public health or upon a finding that the waterworks has failed to comply with monitoring and other requirements prescribed by the commissioner as a condition or conditions to the granting of the variance.

c. For an operational variance as specified in subdivision A 3 of this section, such the notice shall provide that the variance will be terminated when the waterworks comes into compliance with the applicable regulation and may be terminated upon a finding by the commissioner that the waterworks has failed to comply with any requirements or schedules issued in conjunction with the variance. The effective date of the operational variance shall be the date of its issuance. A public hearing is not required before the issuance of an operational variance.

3. Schedules pursuant to PMCL and treatment technique variances:

a. The proposed schedule for compliance shall specify dates by which steps towards compliance are to be taken, including where applicable:

(1) Date by which arrangement for an the alternative water source water or improvement of the existing raw water source water will be completed. ;

(2) Date of connection to the alternative raw water source water or improvement of the existing raw water source water.; and  

(3) Date by which final compliance is to be achieved.

b. If the waterworks has no access to an alternative raw water source water and can effect or anticipate no adequate improvement of the existing raw water source water, then the proposed schedule may specify an indefinite time period for compliance until a new and effective treatment technology is developed, at which time a new compliance schedule shall be prescribed by the commissioner.

c. The schedule for implementation of interim control measures during the period of variance shall specify interim treatment techniques, methods, and equipment and dates by which steps toward meeting the interim control measures are to be met.

d. The schedule shall be prescribed by the commissioner at the time the variance is granted.

e. For a PMCL variance specified in subdivision A 1 of this section, the commissioner shall propose a schedule for:

(1). Compliance (including increments of progress) by the waterworks with each contaminant level requirement covered by the variance; and

(2). Implementation by the waterworks of such control measures as the commissioner may require for each contaminant level covered by the variance.

EG. Public hearings on PMCL and treatment technique variances and their schedules.

1. Notice of a public hearing shall be provided before a variance and schedule proposed by the commissioner pursuant to subsection D F of this section may take effect. A notice given pursuant to the preceding sentence may cover the granting of more than one variance and a public hearing held pursuant to such notice shall include each of the variances covered by the notice.

2. Notice of a public hearing on an application a request for a variance and its schedule shall be advertised in at least one major newspaper of general circulation in the region in which the waterworks is located. The notice shall include a summary of the proposed variance and its schedule and shall contain the time, date, and place of the public hearing. If the schedule exceeds five years from the date of the variance, then the rationale for the extended compliance schedule shall be discussed in the notice.

FH. Issuance of variance.

1. Within 30 days after the public hearing, the commissioner shall, taking into consideration information obtained during such hearing, revise the proposed variance as necessary and prescribe the final schedule for compliance and interim measures for the waterworks granted a variance. If the schedule for compliance exceeds five years from the date of issuance of the variance, then the commissioner shall document the rationale for the extended compliance schedule.

2. Such schedule shall establish the timetable by which the waterworks shall comply with each contaminant level and treatment technique requirement prescribed by this chapter. Such schedule shall also consider if the waterworks is to become part of a regional waterworks. Such schedule shall provide the shortest practicable time schedule under the circumstances.

GI. Posting of variances. All variances granted to any waterworks are nontransferable. Each variance must be attached to the permit of the waterworks to which it is granted. Each variance is a condition to that permit and is revoked when the permit is revoked.

HJ. No variances shall be granted to 12VAC5-590-380, 12VAC5-590-400, or 12VAC5-590-420, 12VAC5-590-388, 12VAC5-590-395, or 12VAC5-590-411.

12VAC5-590-150. Exemptions.

A. The commissioner may grant an exemption to any primary maximum contaminant level (PMCL) PMCL or treatment technique requirement by following the procedures set forth in this subsectionsection. An exemption may be granted to a waterworks from any requirement with respect to a PMCL or treatment technique requirement upon a finding that:

1. The waterworks must be unable to implement measures to develop an alternative supply of source of water supply;

2. The waterworks cannot reasonably make management or restructuring changes that will result in compliance or improve the quality of the drinking water;

3. Due to compelling factors (which may include economic factors), the waterworks is unable to comply with such contaminant level or treatment technique requirement;

4. The granting of the exemption will not result in an unreasonable risk to the health of persons served by the waterworks;

5. The waterworks was in operation on the effective date of such contaminant level or treatment technique requirement; and

6. The waterworks has not been granted a variance.

B.  Application for exemption. A waterworks The owner may request an exemption for a waterworks by submitting a written application request to the appropriate field office department for evaluation. All applications requests for an exemption shall include the following information:

1. A citation to the regulation from which the exemption is requested;

2. Nature and duration of the exemption requested;

3. Relevant analytical results of water quality sampling of the waterworks, including results of relevant tests conducted pursuant to the requirements of this chapter;

4. Explanation of the compelling factors such as time or economic factors which that prevent such waterworks from achieving compliance;

5. Other information believed by the applicant owner to be pertinent to the application request;

6. A proposed compliance schedule, including the date when each step toward compliance will be achieved; and

7. Such other information as may be required by the commissioner to make the determination.

C. Consideration of an exemption applicationrequest.

1. The commissioner shall act on any exemption application request submitted pursuant to subsection B of this section within 90 days of receipt of the applicationrequest.

2. In the commissioner's consideration of whether the waterworks is unable to comply due to compelling factors, the commissioner shall consider such factors as the following:

a. Construction, installation, or modification of treatment equipment or systems;

b. The time needed to put into operation a new water treatment facilityplant to replace an existing waterworks water treatment plant which that is not in compliance;

c. The economic feasibility of compliance;

d. The availability of Drinking Water State Revolving Fund (a department program to assist waterworks in achieving the public health protection objectives of the SDWA) assistance or any other federal or state program that is reasonably likely to be available within the period of the exemption;

e. The consideration of rate increases, accounting changes, the appointment of a licensed operator under the state operator's licensure program, or contractual agreements for joint operation with one or more waterworks;

f. The activities consistent with Virginia's capacity development strategy to help the waterworks acquire and maintain technical, financial, and managerial capacity to come into compliance;

g. The ownership changes, physical consolidation with another waterworks, or other feasible and appropriate means of consolidation that would result in compliance; and

h. The availability of an alternative source of drinking water, including the feasibility of partnerships with neighboring waterworks, as identified by the waterworks or by the commissioner consistent with the capacity development strategy.

D. Disposition of an exemption application request.

1. The commissioner may reject any application request for an exemption by sending a rejection notice to the applicantowner. The rejection notice shall be in writing and shall state the reasons for the rejection. A rejection notice constitutes a case decision. The applicant has the right to petition for a hearing within 60 days of the date of the rejection to challenge the rejection pursuant to 12VAC5-590-160 and 12VAC5-590-180. If the commissioner proposes to deny the exemption, then the owner shall be provided with an opportunity for an informal fact-finding proceeding as provided in § 2.2-4019 of the Code of Virginia.

2. If the commissioner grants the exemption, then the applicantowner shall be notified in writing of this decision. SuchThe notice shall identify the exemption and the waterworks covered and shall specify the termination date of the exemption. Such notice shall provide that the exemption Exemptions shall be terminated when the waterworks comes into compliance with the applicable regulation and may be terminated upon a finding by the commissioner that the waterworks has failed to comply with any requirements of a final schedule issued pursuant to subsection F of this section.

3. The commissioner shall propose a schedule for:

a. Compliance (including increments of progress) by the waterworks with each contaminant level and treatment technique requirement covered by the exemption; and

b. Implementation by the waterworks of such control measures as the commissioner may require for each contaminant level and treatment technique requirement covered by the exemption.

4. The schedule shall be prescribed by the commissioner at the time the exemption is granted.

5. For a waterworks that serves a population of not more than 3,300 persons and that needs financial assistance for the necessary improvements under the initial compliance schedule, an exemption granted by the commissioner may be for one or more additional two-year periods, but not to exceed a total of six additional years, only if the commissioner establishes that the waterworks is taking all practicable steps to meet the requirements of the exemption and the established compliance period. The commissioner will document the findings in granting an extension under this subdivision.

E. Public hearings on exemptions and their schedules.

1. Notice of a public hearing shall be provided before an exemption and schedule proposed by the commissioner pursuant to subsection D of this section may take effect. A Such notice given pursuant to the preceding sentence may cover the granting of more than one exemption, and a public hearing held pursuant to such the notice shall include each of the exemptions covered by the notice.

2. Notice of a public hearing on an application a request for an exemption and its schedule shall be advertised in at least one major newspaper of general circulation in the region in which the waterworks is located.

3. The notice shall include a summary of the proposed exemption and its schedule and shall contain the time, date, and place of the public hearing.

F. Issuance of exemption.

1. Within 30 days after the public hearing, the commissioner shall, taking into consideration information obtained during such hearing, revise the proposed exemption as necessary and prescribe the final compliance schedule for compliance and interim measures before issuing the exemption to for the waterworks granted an exemption.

2. Such The schedule shall establish the timetable by which the waterworks shall comply with each contaminant level and treatment technique requirement prescribed by this chaptersection. If the schedule for compliance exceeds five years from the date of issuance of the exemption, then the commissioner shall document the rationale for the extended compliance period. Such schedule shall also consider if the waterworks is to become part of a regional waterworks.

G. Posting of exemptions. All exemptions granted to any waterworks are nontransferable. Each exemption must be attached to the operation permit of the waterworks to which it is granted. Each exemption is a condition to that permit and is revoked when the permit is revoked.

H. No exemption shall be granted to 12VAC5-590-380, 12VAC5-590-400, or 12VAC5-590-420 B 1 b, 12VAC5-590-388, or 12VAC5-590-395.

12VAC5-590-160. Types of hearings. (Repealed.)

Hearings before the board, the commissioner, or their designees shall include any of the following forms depending upon the nature of the controversy and the interests of the parties involved.

1. An informal hearing is a meeting with the district engineer and field director and held in accordance with § 9-6.14:11 of the Code of Virginia. The field director may consider all evidence presented at the meeting which is relevant to the issue in controversy. Presentation of evidence, however, is entirely voluntary. The field office has no subpoena power. No verbatim record will be taken at the informal hearing, but the field director may make preliminary findings of fact, and may submit a copy of those preliminary findings, with recommendations, to the commissioner and or division director for review. A copy of the findings shall be mailed to the appellant.

2. The adjudicatory hearing is a formal, public, adjudicatory proceeding before the commissioner or a designated hearing officer held in conformance with § 9-6.14:12. Pursuant to the hearings process:

a. A Notice which states the time, place, and issues involved in the prospective hearing shall be sent to parties requesting the hearing by certified mail at least 15 calendar days before the hearing is to take place;

b. A record of the hearing will be made by a court reporter or other approved means. A copy of the transcript of the hearing, if transcribed, will be provided within a reasonable time to any person upon written request and payment of the cost. If the record is not transcribed, then the cost of preparation of the transcript will be borne by the party requesting the transcript;

c. All interested parties may attend the hearing and present evidence, expert or otherwise, that is material and relevant to the issues in controversy. The admissibility of evidence shall be in accordance with the Administrative Process Act. All parties may be represented by counsel;

d. The commissioner or hearing officer, pursuant to § 9-9.14:13 of the Code of Virginia, may issue subpoenas for the attendance of witnesses and the production of books, papers, maps, and records. The failure of a witness without legal excuse to appear or to testify or to produce documents may be reported by the commissioner to the appropriate circuit court; and

e. The commissioner may designate a hearing officer or subordinate to conduct the hearing, as provided in § 9-6.14:12 of the Code of Virginia, and to make written recommended findings of fact and conclusions of law to be submitted for review and final decision by the commissioner. The final decision of the commissioner shall be reduced to writing and will contain the explicit findings of fact upon which his decision is based. Copies of the decision shall be delivered to the owner affected by it. Notice of a decision will be served upon the parties and become a part of the record. Service may be by personal service or certified mail, return receipt requested.

3. A regulatory hearing is a public meeting of the board which is held for the purpose of adopting, amending, or repealing rules and regulations. A regulatory hearing requires that:

a. A notice shall be published, in at least one newspaper of general circulation in the commonwealth, not less than 60 days prior to the day on which the regulatory hearing is to be held. Such notice shall state the time, place, and nature of the hearing and the express terms or an informative survey of the rules that are to be adopted, amended, or repealed;

b. All interested persons may be present at the hearing and may present comments, arguments, objections, and evidence which concern the proposed rules; and

c. The board may adopt, repeal, or amend any rule or regulation which was included in the general notice published prior to the meeting. Rules and regulations may be adopted in the form in which they were described in the notice, or as amended at the hearing, provided the amendments do not alter the main purpose of the rule or regulation.

12VAC5-590-170. Request for hearing. (Repealed.)

Any person may request a hearing by sending a request, in writing, to the appropriate field office or the central office.

12VAC5-590-180. Hearing as a matter of right. (Repealed.)

Any person whose rights, duties or privileges have been or may be affected by any action or inaction of the board, its agents, or deputies in the administration of this chapter, shall have a right to both an informal and an adjudicatory hearing; however, the commissioner reserves the right to require participation in an informal hearing before granting the request for a full adjudicatory hearing.

12VAC5-590-190. Permits.

A. No owner or other person shall cause or allow any waterworks to be operated in the Commonwealth without a written operation permit issued by the commissioner.

B. No owner or other person shall cause or allow the construction or change in the manner of transmission, storage, purification, treatment, or distribution of water (including the extension of water pipes for the distribution of water) at any waterworks or water supply in the Commonwealth without a written construction permit, or a general permit for distribution mains, from the commissioner. Furthermore, no owner or other person shall cause or permit any waterworks or water supply to be operated without a written operation permit issued by the commissioner which authorizes the operation of the waterworks or water supply. Conditions may be imposed on the issuance of any permit, and no waterworks or water supply may be constructed, modified, or operated in violation of these conditions.

C. Construction permits may not be required for the extension of water distribution piping having a diameter of eight inches or less and serving less than 15 connections (see § 32.1-172 A of the Code of Virginia).

D. Individual construction permits for distribution mains are not required for waterworks that obtain a general permit (see 12VAC5-590-300).

E. Conditions may be imposed on the issuance of any permit, and no waterworks may be constructed, modified, or operated in violation of these conditions.

12VAC5-590-200. Procedure for obtaining a construction permit.

A. Construction permits are issued by the Commissioner commissioner, but all requests for a construction permit are directed initially to the Field Office department. The procedure for obtaining the a construction permit includes the following steps:

(i) the submission of an application, (ii) a preliminary engineering conference, (iii) the submission of an engineer's report (optional at the discretion of the Field Director), and, (iv) the submission of plans, specifications, design criteria and other data in the number requested by the Division.

A. An application for a permit shall be submitted by the owner or authorized agent requesting permission to establish, construct, expand, modify, and/or operate a waterworks or water supply. The application shall clearly indicate whether the affected water supply is a community, nontransient noncommunity, or noncommunity waterworks.

B. A preliminary conference with the Division's appropriate District Engineer will be held. The applicant's engineer shall be prepared to set forth the water supply problems and the proposed solution in such a manner as to support his conclusions and recommendations.

1. Owners shall notify the department of all proposed construction projects, except distribution main projects that are permitted under the provisions of a general permit for distribution mains (see 12VAC5-590-300), or when the project is for the extension of water distribution piping having a diameter of eight inches or less and serving less than 15 connections (see § 32.1-172 A of the Code of Virginia).

2.The submission of a Waterworks Permit Application to the department on a form approved by the department.

3. Based on the application received, the department shall notify the owner if a preliminary engineering conference is required. A preliminary engineering conference shall be required for projects proposed using alternative delivery methods authorized under § 2.2-4380 of the Code of Virginia.  The preliminary engineering conference shall define the scope of the project, project phasing, milestones, and deliverables. An evaluation procedure shall be agreed upon and the conference shall be documented.

4. The submission of preliminary engineering or intermediate design reports, if required by the department.  The need for, and scope of, the reports shall be established during the preliminary engineering conference.

5. The submission of a waterworks business operation plan that demonstrates the waterworks' TMF capability. The waterworks business operation plan consists of four primary components:

a. Waterworks information which includes ownership data, a waterworks' facility description, operator requirements, staffing needs, and staff training.

b. Management information which identifies critical business practices necessary for effective management and operation of the waterworks. Management information includes the requirements essential for managing and operating the waterworks and defines the processes, methods, and tasks necessary for complying with the regulations.

c. Financial information which projects whether the waterworks' revenues and cash flow will be sufficient for meeting the cost of operation and maintenance for at least five full years from the initiation of operations. Financial information also demonstrates the owner's ability to direct the waterworks' finances to support technical and managerial capacities and includes a self-assessment consisting of several financial metrics: operating cash reserve, debt service coverage, emergency reserve, and revenue sufficiency.

d. Sustainability improvements which are identified throughout the waterworks business operation plan to address TMF aspects of the waterworks' business processes that need improvement.

6. The submission of plans, specifications, final design criteria, and other supporting design data. This submission may include manufacturers' equipment data sheets, drawings, and specifications, when the specific materials or equipment to be used in the project have been preselected by the owner with the engineer's concurrence.

B. Well site inspection. When, upon inspection by the department, one or more well locations are found suitable for well sites, tentative approval in writing shall be furnished to the owner authorizing the drilling of the well or wells, the exact location where each well is to be drilled, and the well construction requirements. This tentative approval will become void after a 12-month period.

C. The engineer's report and preliminary plans for waterworks shall present the following information where applicable:

1. General information - The report shall include:

a. A description of any existing waterworks and sewerage facilities.

b. Identification of the municipality or area served.

c. The name and mailing address of the owner.

2. Extent of waterworks system - The report shall include:

a. A description of the nature and extent of the area to be served.;

b. Provisions for extending the waterworks system to include additional areas.

c. An appraisal of the future requirements for service, including existing and potential industrial, commercial, institutional and other water supply needs.

3. Alternate plans - Where two or more solutions exist for providing public water supply facilities, each of which is feasible and practicable, the report shall discuss the alternate plans and give reasons for selecting the one recommended, including financial considerations.

4. Soil, groundwater conditions, and foundation problems - The report shall include:

a. A description of the character of the soil through which water mains are to be laid.

b. A description of foundation conditions prevailing at sites of proposed structures.

c. A description of the approximate elevation of ground water in relation to subsurface structures.

5. Water consumption - The report shall include:

a. A description of the population trends as indicated by available records, and the estimated population which will be served by the proposed water supply system or expanded system.

b. Present and estimated future water consumption values used as the basis of design.

c. Present and estimated future yield of the sources of supply.

6. Fire flow requirements: - if fire flows are to be provided, the quantity of fire flow which will be made available by the proposed or enlarged system shall be given.

7. Sewerage system available: - Describe the existing system and sewage treatment works, with special reference to its relationship to the existing or proposed waterworks which may affect the operation of the water supply system, or which may affect the quality of the water supply.

8. Source of water supply: - Describe the proposed source or sources of water supply to be developed and the reasons for their selection by supplying the following data:

a. Surface water sources

(1) Hydrological data, stream flow, and weather records;

(2) Safe yield, including all factors that may affect it;

(3) Maximum flood flow, together with approval for safety features of spillway and dam from appropriate reviewing authority;

(4) Summarized quality of raw water with special references to fluctuation in quality, changing meteorological conditions, sources of contamination, measures to protect the watershed, etc.

b. Groundwater sources

(1) Sites considered,

(2) Advantages of site selected,

(3) Elevation with respect to surroundings and 100-year flood,

(4) Probable character of geological formations through which source is to be developed,

(5) Unusual geological conditions affecting site,

(6) Summary of source exploration, test well depth and method of construction, placement of liners or screens; pumping test, hours, capacity; water level and specified yield, water quality,

(7) Possible sources of contamination.

9. Proposed treatment processes - Summarize and establish the adequacy of proposed processes for the treatment of the specified water under consideration (pilot studies may be required).

10. Waste disposal - Discuss the various wastes from the water treatment plant, their volume, proposed treatment and points for discharge.

11. Automatic equipment - Provide supporting data justifying automatic equipment, including servicing.

12. Project sites - The report shall include:

a. A discussion on various sites considered and advantages of the recommended one,;

b. A description of the proximity of residences, industries, and other establishments,

c. The location of potential sources of pollution that may influence the quality of the supply or interfere with the effective operation of the waterworks system, such as sewage absorption systems, septic tanks, privies, cesspools, sink holes, sanitary landfills, petroleum storage tanks, etc.

13. Financing - The report shall state:

a. The estimated cost of integral parts of the system,

b. The detailed estimated annual cost of operation,

c. The proposed method of financing, both capital charges and operating expenses.

14. Future extensions - Summarize planning for future needs and service.

D. C. Plans for waterworks improvementsconstruction shall provide the following information, where applicable:

1. A general layout which that includes:

a. Suitable title, to include name of waterworks,;

b. Name of owner of waterworks,;

c. Area or institution to be served,;

d. Scale, in feet,;

e. North Point,;

f. Datum used,;

g. Boundaries of the municipality or area to be served,

h. g. Date, address, and name of designing owner's engineer,;

i. Imprint of professional engineer's seal ( see 12VAC5-590-220),

j. Legible prints suitable for microfilming, with size not to exceed 30 inches by 42 inches,

k. h. Location and size of existing water mains,distribution system; and

l. i. Location and nature of existing waterworks structures and appurtenances affecting the proposed improvementsconstruction noted on one sheet.

2. Detailed plans which that include where applicable:

a. Stream crossings, providing profiles with elevations of the stream bed and the normal and extreme high and low water levels,water level;

b. Profiles having a horizontal scale of not more than 100 feet to the inch and a vertical scale of not more than 10 feet to the inch, with both scales clearly indicated,;

c. Location and size of the property to be used for the groundwater development with respect to known references such as street intersections or section lines,;

d. Topography and arrangement of present or planned wells or structures, with contour intervals not greater than two feet,;

e. Elevation of highest known flood level, floor of structure, upper terminal of protective casing, and outside surrounding grade, using United States Coast and Geodetic Survey, United States Geological Survey, or equivalent elevations where applicable as a reference,;

f. Schematic drawing A completed Uniform Water Well Completion Report, Form GW-2, and schematic drawings of well construction, showing diameter and depth of drillholes drill holes, casing and liner diameters and depths, grouting depths, elevations and designation of geological formation, water levels, and other details to describe the proposed well completely,;

g. Location If not previously submitted in the PER: location of all potential sources of pollution within 250 1000 feet (or further, depending upon aquifer type and recharge area) of drilled wells, 100 feet of treated water storage facilities, five miles upstream from surface water intakes, and the entire drainage area of springs;

h. Size, length, identity, and location or of sewers, drains, water mains distribution system, and water treatment plant structures;

i. Schematic flow diagrams and hydraulic profiles showing the flow through various water treatment plant units,;

j. Piping in sufficient detail to show flow through the water treatment plant, including waste lines,;

k. Location of all chemical feeding equipment and points of chemical application,;

l. All appurtenances, specific structures, equipment, water treatment plant waste disposal units, and point of discharge having any relationship to the plans for water mains and/or distribution system or waterworks structures,;

m. Location of sanitary or other facilities such as lavatories, showers, toilets, and lockers,;

n. Location, dimensions, and elevations of all proposed water treatment plant facilities,; and

o. Adequate description of all features not otherwise covered by the specifications.

E. D. Specifications for waterworks construction improvements shall provide the following information, where applicable: Complete, detailed, technical specifications shall be supplied for the proposed project which include where applicable:

1. A program for keeping existing waterworks facilities in operation during construction of additional facilities so as to minimize interruption of service,;

2. Laboratory facilities and equipment, as well as sampling taps and their locations,;

3. Number and design of treatment process components,;

4. Materials or proprietary equipment for sanitary or other facilities including any necessary backflow or backsiphonage backflow protection,;

5. Workmanship,; and

6. Other equipment.

F. E. Design criteria. A summary of complete design criteria shall be submitted for the proposed project, containing but not limited to the following information, where applicable:

1. Yield of source of supply, Source water capacity;

2. Reservoir surface area,

3. Area of watershed,

4. 2. Estimated water consumption, including average day, maximum day, and peak hour flows;

5. 3. Number and type of proposed services,;

6. 4. Fire-fighting requirements,;

7. 5. Basin capacities,;

8. 6. Retention times,;

9. 7. Unit loadings,;

10. 8. Filter area and proposed filtration rate,;

11. 9. Backwash rate,; and

12. 10. Feeder capacities and ranges.

F. For community waterworks, a copy of the duly recorded (i) plat plan of the well lot or subdivision plan showing the well lot; and (ii) dedication document stating that the well lot shall be used only for waterworks appurtenances as long as the lot is utilized as part of a waterworks.

G. For noncommunity waterworks, the commissioner may, on a case-by-case basis, require a copy of a duly recorded plat plan of a well lot and a dedication document stating that the well lot shall be used only for waterworks appurtenances as long as the lot is utilized as part of a waterworks. In imposing such a requirement, the commissioner shall take into consideration public health protection and the waterworks' operations, treatment processes, and appurtenances.

12VAC5-590-210. Formal requirements Requirements for the submission of engineering data.

A. In accordance with Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1 the provisions of Chapter 4 (§ 54.1-400 et seq.) of Title 54.1 of the Code of Virginia, all drawings, specifications, and engineer's reports submitted for approval shall be prepared by or under the supervision of a licensed professional engineer legally qualified to practice in Virginia, unless submitted under § 54.1-408 of the Code of Virginia for practice of land surveying in subdivisions.

B. The front cover of each set of drawings, of each copy of the engineer's report, and of each copy of the specifications submitted for review shall bear the signed imprint of the seal of the licensed professional engineer who prepared or supervised the preparation and be signed with an original signature. In addition, each drawing submitted shall bear an imprint or a legible facsimile of such seal. The quantity, format, and method of submission shall meet the reviewevaluation needs of the department and shall be consistent with the requirements in Chapter 42.1 (§ 59.1-479 et seq.) of Title 59.1 of the Code of Virginia.

C. All reports, plans, and specifications shall be submitted to the field office department at least 60 days prior to before the date upon which action by the department or division commissioner is desired.

D. If the procedures for obtaining a construction permit in 12VAC5-590-200 are not complied with, or if plans and specifications are found to be incomplete or inadequate for detailed review evaluation, then the plans and specifications will be returned to the submitting party. If revisions to the plans or specifications or both are necessitated, a letter will be sent to the owner and engineer who prepared them outlining the will be notified in writing of the necessary revisions. Revised plans or specifications or both constitute a resubmittal; however, the division will make every resubmission. Every effort will be made to complete the review of such evaluation of these revisions promptly. Preliminary plans and the engineer's report should be submitted for review prior to preparation of final plans.

12VAC5-590-220. Compliance with the Manual of Practice.

A. The design guidelines set forth in the Manual of Practice (Part III) Part III of the regulations, the "Manual of Practice," specify general criteria for the design and construction of waterworks. The division commissioner may impose standards or requirements which that are more stringent than those contained in the Manual of Practice when required for critical areas or special conditions to meet drinking water quality standards. Any such special standards or requirements with a federal mandate shall take precedence over the criteria in the manual and will be items which that warrant careful consideration at the preliminary engineering conference, referenced in 12VAC5-590-200 B.

B. Designs submitted for waterworks must demonstrate that the systemwaterworks will adequately safeguard public health. Submissions which that are in substantial compliance with the Manual of Practice and any or additional requirements of the department commissioner, as noted above in subdivision A of this section, will be approved. Justification for a design may be required for those portions of the submitted design which that differ from the criteria of the division, set forth in the Manual of Practice and any established by the commissioner, or accepted engineering practices. Deviations from "shall" mandatory criteria contained in the Manual of Practice which the design engineer, in his judgment, believes to be substantial in nature shall be identified and justified. For each deviation, The division the commissioner may require changes in designs which are not in substantial compliance with the manual and which are not adequately justified by the engineer owner issue a design exception or require compliance with the criteria.

C. Final, complete, and detailed plans and specifications submitted in accordance with the provisions of 12VAC5-590-200 and 12VAC5-590-210 will be reviewed evaluated by the division department as soon as practicable upon receipt. Such plans Plans and specifications will be approved if they demonstrate substantial compliance with the design criteria set forth in the Manual of Practice and any established by the commissioner and if the waterworks, as constructed or modified, will be able to function in compliance with the operating regulations set forth in Part II of this chapter. One set of the approved plans and specifications will be stamped by the division and returned to the owner.

D. Compliance with the Manual of Practice for transient noncommunity waterworks is allowed the following exceptions as long as the conditions in subsection E of this section are satisfied:

1. The design of a transient noncommunity waterworks is not required to satisfy the professional engineer licensure requirement of 12VAC5-590-210 under the following conditions:

a. The waterworks shall serve no more than 100 persons per day.

b. The waterworks shall consist only of one supply of source water, pressure tank no greater than 250 gallon capacity, and single service connection.

c. The single service connection shall be a building or structure of less than 5,000 square feet total floor space. The determination of square footage shall be calculated using the outside perimeter of the building or structure.

2. Although the owner of a transient noncommunity waterworks is required to use a water well systems provider certified by the DPOR for drilling wells, the remainder of the waterworks facility construction at a transient noncommunity waterworks may be performed by a master plumber or a certified water well systems provider, as defined in § 54.1-1129.1 of the Code of Virginia.

E. The conditions for exceptions to the Manual of Practice for transient noncommunity waterworks specified in subsection D of this section are as follows:

1. The owner shall submit a signed and dated statement attached to the permit application, certifying that subsection D of this section will be satisfied.

2. The owner shall submit information related to the design, construction, and materials used as required by the department.

12VAC5-590-230. Issuance of the construction permit.

A. Upon approval of the plans and specifications, the commissioner will issue a permit to the owner to construct or modify his the waterworks or water supply in accordance with the approved plans and specifications.

B. The construction permit shall be valid for a period of five years. If construction has not begun within five years but were to proceed in the future, then the owner shall reapply for a new construction permit.

C. The construction permit may include conditions for securing equipment certifications and performance validations.

12VAC5-590-240. Revisions of approved plans.

A. Any deviations from the approved plans and specifications affecting capacity, hydraulic conditions, operating units, the functioning of water treatment processes, or the quality of water to be delivered must be approved by the division department before any such changes of these deviations are made implemented.

B. Revised plans and specifications shall be submitted in time to permit allow the review evaluation and approval of such these plans or specifications before any construction work which that will be affected by such these changes is begun may begin.

12VAC5-590-250. Statement required upon completion of construction.

A. Upon completion of the construction or modification of the waterworks, the owner shall submit to the field office department a statement signed by a licensed professional engineer stating that the construction work was completed in accordance with the approved plans and specifications, revised only in accordance with the provisions of 12VAC5-590-240. This statement is called a statement of completion of construction and shall be based upon inspections of the waterworks during and after construction or modifications,. that These inspections are to be adequate to insure the truth of the statement of completion of construction.

B. The project documents may require a performance validation report to confirm the design, performance criteria, and appropriate emergency procedures for specific processes and equipment. The project documents may also require operator training. If these requirements are included in the project documents, then the statement of completion of construction shall also include the performance validation report and a certification of successful operator training, as applicable.

12VAC5-590-260. Issuance of the operation permit.

A. Upon receipt of the 12VAC5-590-250 statement of completion of construction, receipt of all required certifications and test results, inspection by the department to ensure that the project has been satisfactorily completed in accordance with the approved design documents, and verification that bacteriological test results comply with the requirements set forth in Part II of these regulations, as appropriate, the commissioner will issue an operating operation permit. However, the commissioner may delay the granting of the permit pending inspection by the field office to insure that the work has been satisfactorily completed.

B. The owner shall not operate a waterworks without first having obtained an operation permit except as provided in 12VAC5-590-290.

C. The commissioner shall establish the type (community waterworks, NTNC, or TNC), classification, and permitted capacity of the waterworks, and specify these on the operation permit. Conditions may be included with the permit for operator, monitoring, and reporting requirements.

12VAC5-590-270. Inspection and correction. Start-up testing and inspections.

A. Within 30 days after Before placing a new or modified waterworks or water supply into operation following construction, the owner shall test the water produced at the entry point to the distribution system in a manner acceptable to the division department. The field office will be notified owner shall notify the department of the time and place of the tests. Results The owner shall send the results of the tests will be sent to the field office department.

B. The commissioner, a member of the board, or a member of the division has a right to inspect any waterworks or water supply and to be present for any testing in accordance with Title 32.1 of the Code of Virginia.

12VAC5-590-280. Procedure for obtaining a construction permit for well sources. (Repealed.)

Since the quantity and quality of water from proposed wells cannot be anticipated, the following procedure shall be used:

1. Submittal of application--see 12VAC5-590-200 A.

2. Preliminary engineering conference--see 12VAC5-590-200 B.

3. When, upon inspection by the division's engineer, one or more well lots are found suitable for well sites, then tentative approval in writing will be furnished to the owner authorizing him to proceed with the drilling of the well or wells and this letter will specify the exact location on the lot where each well is to be drilled. Also, the letter will specify that the well shall be Class I or Class II, meeting the specifications set forth in Part III Article 2, Source Development. This tentative approval will become void after a 12-month period and the site must be reinspected before construction when so voided.

4. Submittal of engineer's report and preliminary plans--see 12VAC5-590-200 C.

5. Submittal of plans, specifications, and other data--see subsections D, E, and F of 12VAC5-590-200; 12VAC5-590-210 and 12VAC5-590-840. One of the following must also be submitted:

a. A copy of the plat plan showing that it has been duly recorded and signed by the clerk of the court, giving the deed book and page number and date of recording, will be required before a construction permit can be issued, or

b. If the well lot is identified on a recorded plan of the subdivision as a well lot, then this is acceptable, if recorded as required by this subsection.

In addition, a dedication document duly recorded with the clerk of the circuit court must be furnished stating that the well lot shall be used only for waterworks appurtenances as long as this lot is utilized as part of a waterworks.

12VAC5-590-290. Procedure for issuance of special permits for new or nonconventional methods, processes, and equipment Issuance of a temporary operation permit.

A. Water treatment methods, processes, and equipment which that are not covered by the design criteria of Part III or Part IV of this chapter, and which in principle or application are new or nonconventional, are subject to a special temporary permit application procedure in lieu instead of that set forth in 12VAC5-590-200. A special temporary permit may be issued only after detailed review evaluation of all engineering data and after a period of extensive monitoring of the water treatment plant performance.

B. The policy of the board is to encourageThe department encourages the development of any new or nonconventional methods, processes, and equipment, which, by virtue of treatability studies, appear to have application for the purification of raw water treatment. However, these new or nonconventional developments shall have been thoroughly tested in a full scale full-scale or representative pilot plant pilot-plant installation before approval of a plant utilizing this process these methods, processes, and equipment can be employed are approved and an operation permit issued. The result of this testing must results shall be submitted to the field office department. The testing required on new or nonconventional developments will shall generally follow these guidelines:

1. All procedures used in validating the process shall be conducted under the supervision of (i) a licensed professional engineer experienced in the field of environmental engineering, (ii) the owner's engineering staff, or (iii) a testing firm acceptable to the division commissioner;

2. Samples shall be collected and analyzed in a manner which would that shall demonstrate water treatment plant effectiveness and efficiency under adverse conditions and over extended periods of time in the area of the proposed installation;

3. The data shall be from the continuous operation of a full scale full-scale or pilot plant treating the type of water to be handled;

4. Automatic indicating, recording, and totalizing flow measuring equipment shall be provided, and the total flow shall be measured and recorded daily;

5. At installations treating surface waters, employing coagulation, flocculation, sedimentation, filtration, and disinfection, automatic indicating and recording equipment shall be provided for continuously monitoring the turbidity of the raw water, settled water, and each filter effluent, as well as pH monitoring of the treated water (flash mix effluent);

6. 5. If the raw water source source water receives upstream discharges of treated industrial wastes or sewage effluents treated wastewater, then automatic indicating and recording equipment shall be provided for continuously monitoring the pH of raw the source and finished water, and in addition to the chlorine residual of the finished water;

7. 6. The minimum sampling and analysis program will be established by the division commissioner in accordance with the process under investigation; and,

8. 7. All analyses shall be made in accordance with the most current edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation or analytical methods approved in advance by the division utilize methods that are consistent with 12VAC5-590-440.

C. Detailed plans shall be submitted where possible showing how, in case of nonacceptance, the water treatment plant or unit water treatment methods, processes, and equipment will be converted to, or replaced with, a proven process. Also, financial resources must be assured to make the conversion; (for example: e.g., funds placed in escrow or a bond posted)posted.

D. After review evaluation of the plans and testing data, the commissioner will issue a construction permit if he is satisfied the performance data verifies that the method, process, or equipment will may efficiently produce water that will meet in accordance with the design specifications and the operation standards of Part II of this chapter, and that the method, process, or equipment may be converted to a conventional technique, if necessary.

E. Upon completion of construction or modification, a provisional temporary permit for a definite period of time will be issued for the operation of the new or nonconventional methods, processes, and equipment. Not more than one provisional temporary permit will be granted for a similar installation during the evaluation period. The provisional temporary operation permit shall require that:

1. The evaluation period shall be a minimum of 12 months and no longer than 18 months; and

2. The holder of a provisional temporary operation permit must shall submit reports on operation during the evaluation period as required by the division commissioner. The reports shall be prepared by (i) a licensed professional engineer experienced in the field of environmental engineering, (ii) the owner's operating or engineering staff, or (iii) a testing firm acceptable to the division organization.

F. The commissioner will issue an operation permit upon lapse of the provisional permit, if, on the basis of testing during that period, he finds that the new or nonconventional method, process, or equipment efficiently meets the operation standards of Part II. If the standards are not met, then the commissioner will issue an order which will require the alteration of the waterworks or water supply in a manner that will enable those standards to be met.

F. The commissioner may issue a temporary operation permit if the waterworks is not in compliance with the regulations and public health will not be jeopardized. The temporary permit may be issued for such a period of time and subject to such conditions as the commissioner may deem appropriate for the owner to achieve compliance with this chapter.

1. The commissioner may require, as a condition to a temporary operation permit, the submission of a waterworks business operation plan by new waterworks and existing waterworks that have demonstrated limited TMF capability or significant noncompliance with the regulations.

2. The waterworks business operation plan shall satisfy the requirements of 12VAC5-590-200 A 5.

 

12VAC5-590-300. Procedure for obtaining Issuance of a general permit for construction of distribution mains.

A. In lieu Instead of obtaining a permit for each distribution main project, an owner may elect to obtain a general permit for the construction of distribution mains. These general permits are issued by the commissioner, but all requests for a general permit are directed initially to the field office department.

B. The following procedure for obtaining the requirements shall be satisfied for the issuance of a general permit shall be used:

1. The owner shall develop, adopt, and have division the commissioner's approval of general specifications and plan details covering water distribution main design and construction. The general specifications shall be at least as stringent as the requirements contained in this chapter.

2. The owner shall enter into a memorandum of understanding Memorandum of Understanding (MOU) with the division which outlines the following commissioner. The commissioner will outline the system-specific waterworks-specific requirements, and the owner's method of compliance with such requirements: the requirements. The  waterworks-specific requirements include, but are not limited to the following:

a. The maximum size of pipe to be covered by the general permit;

b. The means for modifying the division department's approved general specifications and plan details;

c. The maintenance of engineering capabilities satisfactory to the division commissioner, either on-staff or through contractual arrangements;

d. The preparation of engineering plans and specifications for individual projects;

e. The maintenance of up-to-date distribution system maps and other appropriate records; and

f. The submission by the owner to the division department of appropriate reports, including an annual report and summary, concerning all projects constructed under the terms of the general permit MOU and information concerning changes to the distribution system.

C. Once the general specifications are approved and the MOU is agreed to by the commissioner, a general permit for distribution mains shall be issued with the MOU attached.

D. The general permit allows for the construction of distribution mains. The duration for the general permit is five years.

12VAC5-590-310. Amendment or reissuance of operation permits.

A. The commissioner may amend or reissue a an operation permit where (i) there is a change in the manner of storage, the treatment, or in the source of supply of the source water at the permitted location,; (ii) the existing permit is no longer valid; or (iii) for any other cause incident to the protection of the public health,; or (iv) for the supplying of pure potable water,. A provided notice may be required to be is given to the owner, and, if one is required, a hearing held in accordance with the provisions of subdivisions 1 and 2 of 12VAC5-590-160 12VAC5-590-115.

B. The commissioner may require submission of a waterworks business operation plan as a condition to amend or reissue an operation permit.  The waterworks business operation plan shall satisfy the requirements of 12VAC5-590- 200 A 5.

 

12VAC5-590-320. Revocation or suspension of a an operation permit.

A. The commissioner may suspend or revoke a an operation permit in accordance with Administrative Process Act the APA. Reasons for revocation of permits are as follows include:

1. The waterworks can no longer be depended upon to furnish potable water;

2. The capacity of the waterworks is inadequate for the purpose of furnishing potable water;

3. The owner has failed to abide by an order issued by the commissioner;

4. The owner has abandoned the waterworks and discontinued supplying potable water; or

5. The owner has failed to pay the waterworks operation fee required by § 32.1-171.1 of the Code of Virginia.

Failure to comply with the conditions of the permit;

2. Violation of Title 32.1 of the Code of Virginia or of any of this chapter from which no variance or exemption has been granted;.

3. Change in ownership;

4. Abandonment of the waterworks and discontinuing the supplying of pure water; and

5. Any of the grounds specified in § 32.1-174 of the Code of Virginia.

B. Procedure for revocation of operation permit. When revoking or suspending permits an operation permit in accordance with the above subsection A of this section, the commissioner shall:

1. Send a written notice of intent to suspend or revoke by certified mail to the last known address of the waterworks owner. The notice shall state the reasons for the proposed suspension or revocation of the operation permit, the authority under which the commissioner proposes to act, and shall give the time and place of the hearing; and offer the opportunity for an administrative proceeding in accordance with 12VAC5-590-115.

2. Provide at least 30 days advance notice of the hearing administrative proceeding.

C. An owner who is given notice of intent to revoke or suspend his permit has a right to a hearing as specified in 12VAC5-590-160 and 12VAC5-590-180.

12VAC5-590-330. Monitoring, records, and reporting.

A. The commissioner or the division department may require the owner or operator of any waterworks or water supply to install, use, and maintain monitoring equipment for the control and testing of water flowing through the water treatment plant to:

1. Identify and  determine the cause of operational problems;

2. Determine the necessary corrective actions for these problems;

3. Ensure compliance with Part II of this chapter, and

4. Prepare the finished water for entry into the distribution system.

Part II
Operation Regulations for Waterworks

Article 1
General Drinking Water Compliance Standards, Testing, Surveys, and Responsibilities

12VAC5-590-340. General Compliance standards.

A. All physical, chemical, bacteriological, or radiological analyses for the purpose of demonstrating compliance with primary and secondary maximum contaminant levels action levels or contaminants that do not have PMCLs but for which compliance samples must be analyzed by certified laboratories the requirements of this chapter shall be performed by the Commonwealth of Virginia, Department of General Services, Division of Consolidated Laboratory Services (DCLS) DCLS or in by laboratories certified by the Division of Consolidated Laboratory Services DCLS for such purposes unless listed in 12VAC5-590-440 C. The owner is responsible for the collection and submission of all samples. The department may require sampling and testing that exceeds the minimal requirements specified in this chapter. A sample is deemed to have been collected only if and when its results are made known to the Office of Drinking WaterODWdepartment.

B. Specific limits. No attempt has been made to prescribe specific limits for every contaminant that might occur in a water supply or a waterworks. Although the need exists for continued attention to the entry of chemical, physical, bacteriological, and radiological substances into drinking water, the limits are confined to substances recognized as being detrimental to the health or well-being of the consumer or cause significant degradation of the usefulness of the water. Limits for innumerable substances would require an impossible burden of analytical examination. The specific limits included in this chapter are listed in Tables 340.1 through 340.7.

C. Compliance is determined:

1. Based on sample results or calculated averages, where appropriate, rounded to the same number of significant figures as the PMCL, SMCL, AL, or MRDL of the contaminant in question, or

2. By the application of the specific treatment technique for particular contaminants (see 12VAC5-590-391).

TABLE 340.1.

Inorganic Chemicals.

 

 

SUBSTANCE

PMCL (mg/L)

 

 

Antimony

0.006

 

 

Arsenic

0.010a

 

 

Asbestos

7 million fibers/liter (longer than 10 µm)

 

 

Barium

2

 

 

Beryllium

0.004

 

 

Cadmium

0.005

 

 

Chromium

0.1

 

 

Cyanide (as free Cyanide)

0.2

 

 

Fluoride

4.0b

 

 

Mercury

0.002

 

 

Nickel

No limits designated

 

 

Nitrate (as N)

10c

 

 

Nitrite (as N)

1.0c

 

 

Total Nitrate and Nitrite (as N)

10c

 

 

Selenium

0.05

 

 

Thallium

0.002

 

 

SUBSTANCE

SECONDARY MAXIMUM CONTAMINANT LEVEL (mg/L)

 

 

Aluminum

0.05-0.2d

 

 

Chloride

250c

 

 

Copper

1.0

 

 

Corrosivity

Noncorrosive

 

 

Fluoride

2.0

 

 

Foaming agents

0.5e

 

 

Iron

0.3

 

 

Manganese

0.05

 

 

Silver

0.1

 

 

Sulfate

250c

 

 

Zinc

5

 

 

SUBSTANCE

ACTION LEVEL (mg/L)

 

 

Lead

0.015

 

 

Copper

1.3

 

 

a Arsenic sampling results shall be reported to the nearest 0.001 mg/L.
b The fluoride PMCL applies only to community waterworks.
c Significant figures are noted as shown. For values with trailing zeros, significant figures are noted as shown. The limits for nitrate and nitrate-nitrite have two significant figures. The limits for chloride and sulfate have three significant figures.

d Varying water quality and treatment situations necessitates a flexible range for the aluminum SMCL. The owner is encouraged to maintain an aluminum concentration as low as possible. If the aluminum concentration in the finished water causes discoloration, then the owner is urged to contact the department.

e Concentrations reported in terms of Methylene Blue Active Substances.

 

 

 

 

TABLE 340.2.

Organic Chemicals.

 

 

SUBSTANCE

PMCL (mg/L)

 

 

VOC

 

 

Benzene

0.005

 

 

Carbon tetrachloride

0.005

 

 

Chlorobenzene (also called Monochlorobenzene)

0.1

 

 

o-Dichlorobenzene

0.6

 

 

p-Dichlorobenzene

0.075

 

 

1,2-Dichloroethane (also called Ethylene dichloride)

0.005

 

 

1,1-Dichloroethylene (also called Dichloroethene)

0.007

 

 

cis-1,2-Dichloroethylene

0.07

 

 

Trans-1,2-Dichloroethylene

0.1

 

 

Dichloromethane  (also called Methylene chloride)

0.005

 

 

1,2-Dichloropropane

0.005

 

 

Ethylbenzene

0.7

 

 

Styrene

0.1

 

 

Tetrachloroethylene (PCE) (also called Perchloroethylene)

0.005

 

 

Toluene

1

 

 

1,2,4-Trichlorobenzene

0.07

 

 

1,1,1-Trichloroethane

0.2

 

 

1,1,2-Trichloroethane

0.005

 

 

Trichloroethylene (TCE)

0.005

 

 

Vinyl Chloride

0.002

 

 

Xylene (total)

10a

 

 

SOC

 

 

Acrylamide

TTb

 

 

Alachlor (also called Lasso)

0.002

 

 

Atrazine

0.003

 

 

Benzo(a)pyrene

0.0002

 

 

Carbofuran

0.04

 

 

Chlordane

0.002

 

 

Dalapon

0.2

 

 

Di(2‑ethylhexyl)adipate (also called Bis(2-ethylhexyl)adipate)

0.4

 

 

Di(2‑ethylhexyl)phthalate (also called Bis(2-ethylhexyl)phthalate)

0.006

 

 

1,2-Dibromo-3-chloropropane (DBCP)

0.0002

 

 

2,4-Dichlorophenoxyacetic Acid (2,4‑D)

0.07

 

 

Dinoseb

0.007

 

 

Diquat

0.02

 

 

Endothall

0.1

 

 

Endrin

0.002

 

 

Epichlorohydrin

TTb

 

 

Ethylene dibromide (EDB) (also called 1,2-Dibromoethane)

0.00005

 

 

Glyphosate

0.7

 

 

Heptachlor

0.0004

 

 

Heptachlor epoxide

0.0002

 

 

Hexachlorobenzene

0.001

 

 

Hexachlorocyclopentadiene

0.05

 

 

Lindane (also called gamma-HCH and gamma BHC)

0.0002

 

 

Methoxychlor

0.04

 

 

Oxamyl (Vydate)

0.2

 

 

Pentachlorophenol(PCP)

0.001

 

 

Picloram

0.5

 

 

Polychlorinated biphenyls (PCBs)

0.0005

 

 

Simazine

0.004

 

 

2,3,7,8-TCDD (Dioxin)

3 X 10-8

 

 

Toxaphene

0.003

 

 

2,4,5-Trichlorophenoxypropionic Acid (2,4,5‑TP or Silvex)

0.05

 

 

a The limit for xylene has two significant figures.

b Each waterworks must certify annually to the department that when acrylamide and epichlorohydrin are used to treat water, the combination (or product) of dose and monomer level does not exceed the levels specified as follows: (i) acrylamide = 0.05% dosed at 1 mg/L (or equivalent) and (ii) epichlorohydrin = 0.01% dosed at 20 mg/L (or equivalent). The certification shall be in writing, using third-party certification approved by the department or the manufacturer's certification.

 

 

 

 

TABLE 340.3.

Physical Quality

 

 

PARAMETER

STANDARD

CONCENTRATION

 

 

Color

SMCL

15 Color Units (CU)

 

 

Odor

SMCL

3 Threshold odor numbers

 

 

pH

SMCL

6.5‑8.5

 

 

Total dissolved solids (TDS)

SMCL

500 mg/La

 

 

Turbidity

Treatment Technique

See 12VAC5-590-395 A 2 bb

 

 

a TDS has three significant figures.

b Operational goal: Surface water treatment plants with gravity flow granular media filters are capable of producing filtered water with a turbidity consistently less than 0.10 NTU. Therefore, for water  treatment plants, the operational goal for filter effluent turbidity for each filter, before any post-filtration chemical addition, is 0.10 NTU.

 

 

 

 

TABLE 340.4.

Radiological Quality.

 

PARAMETER

PMCL

 

Combined radium-226 and radium-228.

5 pCi/L

 

Gross alpha particle activity (excluding Radon and Uranium)

15 pCi/L

 

Beta particle and photon radioactivity.

4 mrem/yr a, b

 

Uranium

30 μg/Lc

 

a The average annual concentration of beta particle and photon radioactivity from man-made radionuclides in drinking water shall not produce an annual dose equivalent to the total body or any internal organ greater than 4 mrem/year.

b Except for the radionuclides listed in Schedule I, the concentration of man-made radionuclides causing 4 mrem total body or organ dose equivalents shall be calculated on the basis of a 2 liter per day drinking water intake using the 168-hour data listed in "Maximum Permissible Body Burdens and Maximum Permissible Concentrations of Radionuclides in Air and in Water for Occupational Exposure," NBS Handbook 69 issued June 5, 1959 and amended August 1963, U.S. Department of Commerce. If two or more radionuclides are present, the sum of their annual dose equivalent to the total body or to any organ shall not exceed 4 mrem/year.

c The limit for uranium has two significant figures.

 

 

Schedule 1

 

Average annual concentrations assumed to produce a total body organ dose of 4 mrem/year.

 

RADIONUCLIDE

CRITICAL ORGAN

pCi/L

 

Tritium

Total Body

20,000d

 

Strontium‑90

Bone Marrow

8

 

d The limit for tritium has five significant figures.

 

 


TABLE 340.5.

Microbial Contaminants.

CONTAMINANT

PMCL or TT

Cryptosporidium

TT

Minimum 99% (2-log) removal plus additional log removal or inactivation based upon bin classification in 12VAC5-590-401 D.

Giardia lamblia

TT

99.9% (3-log) removal or inactivation.

Viruses

TT

99.99% (4-log) removal or inactivation

Legionella

TT

No limit, but if Giardia lamblia and viruses are removed or inactivated, according to the treatment techniques in 12VAC5-590-395, Legionella will also be controlled.

Heterotrophic plate count (HPC)

TT

No more than 500 bacterial colonies per milliliter. (HPC is not a contaminant, it is an analytic method used to measure a variety of bacteria found in water.)

Escherichia coli (E. coli)

PMCL

(1) Any E. coli-positive repeat sample following a total coliform-positive routine sample.

(2) Total coliform-positive repeat sample following an E. coli-positive routine sample.

(3) Failure to collect all require repeat samples following an E. coli-positive routine sample.

(4) Failure to test for E. coli when any repeat sample tests positive for total coliform.

 

 


TABLE 340.6.

Disinfection Byproducts.

 

 

PARAMETER

PMCL (mg/L)

 

 

TTHM

Bromodichloromethane

■Bromoform

■Chloroform

■Dibromochloromethane

0.080a

 

 

HAA5

■Bromoacetic acid

■Dibromoacetic acid

■Dichloroacetic acid

■Monochloroacetic acid

■Trichloroacetic acid

0.060a

 

 

Bromate

0.010a

 

 

Chlorite

1.0a

 

 

a The limits for TTHM, HAA5, and bromate have three significant figures. The limit for chlorite has two significant figures.

 


TABLE 340.7.

Maximum Residual Disinfectant Level Goals (MRDLG) and Maximum Residual Disinfectant Levels (MRDL) for Disinfectants.

 

 

RESIDUAL DISINFECTANT  

MRDL (mg/L)

 

 

Chlorine

4.0 (as Cl2)a

 

 

Chloramines

4.0 (as Cl2)a

 

 

Chlorine Dioxide

0.8 (as ClO2)

 

 

a Chlorine and chloramines have two significant figures.

 

D. Notwithstanding the MRDLs in Table 340.7, an owner may increase the residual disinfectant level of chlorine or chloramines (but not chlorine dioxide) in the distribution system to a level and for a time necessary to protect public health. This may include specific microbiological contamination problems caused by circumstances such as, but not limited to, distribution line breaks, storm runoff events, water supply contamination events, or cross-connection events.

12VAC5-590-350. Sanitary surveys Assessments and sanitary surveys.

A. Frequent assessments shall be made by the owner of the water supply source and waterworks to locate and identify health hazards to the waterworks. The manner and frequency of making these assessments, and the rate at which discovered health hazards are to be removed, shall be the responsibility of the owner. Every effort shall be made by the owner, to the extent of his jurisdiction, to prevent the degradation of the quality of water supply sources supplies.

B. The commissioner may perform sanitary surveys. The department is required to perform sanitary surveys and site visits to assess the condition of a waterworks and its source water. Pursuant to § 32.1-25 of the Code of Virginia, the department personnel have the right, with the owner's consent, of entry onto the waterworks property and the facilities to inspect, investigate, evaluate, conduct tests, and collect samples for testing for the purposes of determining compliance with the provisions of any law, regulation, or order administered by the board or commissioner or any conditions in a permit, license, or certificate issued by the board or commissioner. Owners The owner shall provide any existing information requested by the department that will enable the commissioner the department personnel to conduct the sanitary survey or site visit.

C. A sanitary survey includes, but is not limited to, an onsite evaluation of all of the following eight components:

1. Source;

2. Treatment;

3. Distribution system;

4. Finished water storage;

5. Pumps, pumping facilities, and controls;

6. Monitoring, reporting, data verification, and a special monitoring evaluation during each sanitary survey to determine whether the waterworks monitoring is appropriate or needs modification;

7. Waterworks system management and operation; and,

8. Number and classification of licensed operator(s) operator or operators required in 12VAC5-590-460. Licensed operators Operators shall also comply with all applicable regulations promulgated by the Virginia Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals, and Department of Professional and Occupational Regulation DPOR.

D. Significant deficiencies discovered as a result of a sanitary survey shall be addressed in accordance with the following:

1. The commissioner department shall issue written notification describing the significant deficiency to the owner.

2. Within 30 days of the significant deficiency significant-deficiency notification, the owner shall consult with the commissioner department regarding the appropriate corrective action with a schedule for implementing the corrective action. Any A waterworks with one or more significant deficiencies must have a Corrective Action Plan (CAP) CAP as described in 12VAC5-590-421 A.

3. Within 45 days of the significant deficiency significant-deficiency notification, the owner shall submit to the department a CAP with a schedule for meeting the requirements of 12VAC5-590-421 A.

12VAC5-590-360. Responsibility; Responsibilities of the owner.

A. The water utility owner or owner of the property served, to the extent of their respective jurisdictions, shall provide and maintain conditions through throughout the entirety of the water supply system waterworks in a manner which that will assure a high degree of capability and reliability to effect compliance with these standards comply with Part II of this chapter. This requirement shall pertain to the source of supply source water, transmission, treatment, transmission, storage, and distribution system facilities and the operation thereof. In addition, this requirement shall include specific and continuing assessment of the capability, effectiveness, and reliability of the treatment process in relation to potential contaminants in the source of supply. Finally, this requirement shall include the identification and evaluation of The owner shall identify and evaluate all factors having with the potential for impairing the quality of the water as delivered to customers and appropriate preventive and control the consumers. Preventative control measures identified in Part II of this chapter shall be promptly implemented to protect public health.

B. For the purpose of application of this chapter, responsibility for the conditions in the water supply system shall be considered to be held by:

1. The owner from the source of supply to the customer's service connection; and

2. The owner of the property served and the municipal, county, or other authority having legal jurisdiction from the customer's service connection to the free-flowing outlet. For the purpose of achieving compliance with this chapter, the owner shall exercise control of the waterworks from the source water to the service connection. This requirement does not imply ownership of, or maintenance for, any portion of the service line where local agreements and conditions dictate otherwise.

C. The property owner shall exercise control of all buildings, structures, and equipment up to the point of the service connection to the waterworks. This requirement does not limit or modify ownership of, or maintenance for, the service line, that may be specified by local agreements and conditions.

Article 2
General Information

12VAC5-590-370. Sampling frequency Monitoring requirements.

The commissioner may exempt consecutive waterworks that obtain potable water from another water system for distribution from all monitoring requirements in this section except for bacteriological (subsection A of this section); disinfectant residuals, disinfection byproducts, and disinfection byproduct precursors (subdivision B 3 of this section); and lead and copper (12VAC5-590-375). The required sampling frequencies are as follows:

A. Bacteriological monitoring.

1. The owner shall collect total coliform samples at specific sites and according to a schedule that is representative of water quality throughout the distribution system, which shall be documented in a written bacteriological sample siting plan (BSSP) BSSP. The BSSP shall be established or approved by the commissioner department after investigation of the source water, method of treatment and storage, and protection of the water concerned the final delivery of the drinking water through the distribution system. The BSSP shall include, but is not limited to, the following:

a. Specific routine, repeat, and triggered source water monitoring sites, identified by address or location.

b. Distribution map showing the location where specific sampling sites will be selected with all monitoring sites identified.

c. A minimum of three routine sample sites identified for each required routine sample for waterworks serving 3,300 or fewer people.

d. Sample collection schedule with the number of routine samples required per monitoring period in accordance with Table 2.1370.1 and subdivision A 4 of this section.

e. Repeat sample sites for each routine sample site that shall include the original routine location, at least one tap within five service connections upstream, and at least one tap within five service connections downstream with the following exceptions:

(1) Alternative repeat sample sites may be allowed when a routine site is one connection away from or at the end of a water supply distribution system main or as approved by the commissioner department;

(2) Groundwater waterworks A groundwater system serving 1,000 or fewer people may propose repeat sample sites, such as entry point to the distribution system, that differentiate potential source water and distribution system contamination;

(3) Groundwater waterworks A groundwater system serving 1,000 or fewer people with a single well source and no treatment may propose that one repeat sample be collected at the triggered source water monitoring site, provided that representative sampling of the distribution system is still achieved.

f. A repeat sampling site shall not be eliminated from future collections solely based on a history of questionable water quality unless the sampling point is unacceptable as determined by the commissioner department.

g. A seasonal waterworks may collect special samples in accordance with an approved start-up procedure pursuant to subdivision A 10 12 a of this section.

2. The minimum number of bacteriological samples for total coliform evaluation to be collected and analyzed monthly from the distribution system of a community waterworks or nontransient noncommunity waterworks a NTNC shall be in accordance with Table 2.1. 370.1. Owners of all The owner of a (i) transient noncommunity waterworks TNC that use uses a surface water source or a groundwater source under the direct influence of surface water and  or (ii) a large transient noncommunity waterworks TNC (serving 1,000 or more persons per day) waterworks shall collect and submit samples monthly for analysis in accordance with Table 2.1370.1. Owners of For all other transient noncommunity waterworks TNCs, the owner shall collect and submit samples for analysis each calendar quarter in accordance with Table 2.1. 370.1. The minimum number of samples must be collected and submitted even if the waterworks has exceeded the E. coli PMCL or the total coliform treatment technique triggers.

3. The samples shall be taken collected at reasonably evenly spaced time intervals as practical throughout the month, except that a waterworks that use uses only groundwater and serving 4,900 or fewer people may collect all the required samples on a single day if the samples are taken collected from different sites.

4. If the results of a sanitary survey or other factors determine that some other frequency is more appropriate than that stated in subdivisions A 2 and A 3 and A 4 of this section, then a modified BSSP may be required. The altered frequency shall be confirmed or changed on the basis of subsequent sanitary surveys or as otherwise determined by the commissioner department.

5. An The owner may conduct more compliance monitoring than is required by this section to investigate potential problems in the distribution system and to assist in uncovering problems. An The owner may take collect more than the minimum number of required routine samples. If the samples are taken collected in accordance with the existing BSSP and are representative of water quality throughout the distribution system, then all of the results shall be included in determining whether a coliform treatment technique has been triggered.

6. An The owner may propose repeat monitoring locations believed to be representative of a pathway for contamination of the distribution system. An The owner may elect to specify either alternative fixed locations or criteria for selecting repeat sampling sites on a situational basis in a standard operating procedure (SOP) SOP in its BSSP. The owner shall design the SOP to focus on the collection of repeat samples at locations that best verify and determine the extent of potential contamination of the distribution system area based on specific situations. The commissioner department shall require modifications to the SOP or require alternative monitoring locations as needed.

 

 

TABLE 2.1370.1.

Bacteriological Monitoring.

 

POPULATION SERVED PER DAY

MINIMUM NUMBER OF SAMPLESa
(See subdivision A 2 of this section)

 

25 ‑1,000b

1

 

1,001 ‑ 2,500

2

 

2,501 ‑ 3,300

3

 

3,301 ‑ 4,100

4

 

4,101 ‑ 4,900

5

 

4,901 ‑ 5,800

6

 

5,801 ‑ 6,700

7

 

6,701 ‑ 7,600

8

 

7,601 ‑ 8,500

9

 

8,501 ‑ 12,900

10

 

12,901 ‑ 17,200

15

 

17,201 ‑ 21,500

20

 

21,501 ‑ 25,000

25

 

25,001 ‑ 33,000

30

 

33,001 ‑ 41,000

40

 

41,001 ‑ 50,000

50

 

50,001 ‑ 59,000

60

 

59,001 ‑ 70,000

70

 

70,001 ‑ 83,000

80

 

83,001 ‑ 96,000

90

 

96,001 ‑ 130,000

100

 

130,001 ‑ 220,000

120

 

220,001 ‑ 320,000

150

 

320,001 ‑ 450,000

180

 

450,001 ‑ 600,000

210

 

600,001 ‑ 780,000

240

 

780,001 ‑ 970,000

270

 

970,001 ‑ 1,230,000

300

 

1,230,001 ‑ 1,520,000

330

 

1,520,001 ‑ 1,850,000

360

 

1,850,001 ‑ 2,270,000

2,270,001 ‑ 3,020,000

3,020,001 ‑ 3,960,000

3,960,001 or more

390

420

450

480

a Monthly monitoring is required for the following waterworks: (i) community, (ii) nontransient noncommunity, (iii) all noncommunity waterworks that use either a surface water source or a GUDI source or both, (iv) all seasonal waterworks, and (v) large noncommunity (> 1,000 people per day). Quarterly monitoring is required for noncommuntity waterworks not specifically identified in the monthly requirements. Annual monitoring may be allowed at a TNC that meets the criteria specified in subdivision A 8 of this section.

b Includes a waterworks that have at least 15 service connections, but serve fewer than 25 persons.

7. All bacteriological analyses shall be performed in accordance with 12VAC5-590-440 by the Division of Consolidated Laboratory Services (DCLS) DCLS or by a laboratory certified by the DCLS for drinking water samples.

8. Annual monitoring. The department may reduce the bacteriological monitoring frequency at a well-operated TNC from a quarterly sample to one annual sample and the waterworks may remain at the annual monitoring frequency provided that all of the following conditions are continuously met:

a. The waterworks serves 1,000 or fewer people per day.

b. The waterworks uses groundwater only and is not under the influence of surface water.

c. The waterworks has a clean compliance history for a minimum of 12 consecutive months.

d. The most recent sanitary survey shows that the waterworks is free of sanitary defects or has corrected all identified sanitary defects.

e. The waterworks has a protected water source.

f. The waterworks meets existing approved construction standards.

g. The department has conducted an annual site visit within the last 12 months, and all identified sanitary defects have been corrected. For the purposes of this section, an annual site visit is equivalent to a voluntary Level 2 assessment that meets the criteria in 12VAC5-590-392 C. A sanitary survey may meet the requirement for an annual site visit in the year in which the sanitary survey is completed if all identified sanitary defects have been corrected.

8.9. Increased monitoring.

a. A transient noncommunity waterworks TNC on quarterly or annual monitoring shall begin monthly monitoring in the month following an event if any of the following were to occur occurs: (i) the waterworks triggers a Level 2 assessment or two Level 1 assessments under the provisions of 12VAC5-590-392 in a rolling 12-month period, (ii) the waterworks has an E. coli PMCL violation, (iii) the waterworks has a coliform treatment technique violation, (iv) the owner has two monitoring violations under 12VAC5-590-370 A 2, or (v) the owner has one monitoring violation under 12VAC5-590-370 A 2 and one Level 1 assessment under 12VAC5-590-392 in a rolling 12-month period. Owners The owner shall continue monthly monitoring until the requirements in subdivisions A 9 a A 10 a and A 9 b A 10 b of this section are met. A waterworks on monthly monitoring for other reasons is not considered to be on increased monitoring for the purpose of this subdivision.

b. A TNC on annual monitoring that experiences one monitoring violation of section 12VAC5-590-370 must begin quarterly monitoring in the quarter following the event. The owner shall continue quarterly monitoring until the conditions in subdivision A 11 of this section are continuously met and the department reduces the monitoring frequency.

9.10. Returning to quarterly routine monitoring. The commissioner department may return the monitoring frequency of a transient noncommunity waterworks TNC subject to subdivision A 9 a of this section and using groundwater not under the influence of surface water to quarterly monitoring if:

a. The commissioner department has completed a sanitary survey or a site visit within the last 12 months, and the transient noncommunity waterworks TNC is free of sanitary defects and has a protected water source; and

b. The owner waterworks has maintained a clean compliance history, defined as a record of no PMCL violations for microbiological contaminants, no monitoring violations under 12VAC5-590-370, and no coliform treatment technique trigger exceedances or treatment technique violations under 12VAC5-590-392, for a minimum of 12 consecutive months following the event.

11. Returning to annual routine monitoring. The department may reduce the monitoring frequency of a TNC subject to subdivision A 9 of this section and using groundwater not under the influence of surface water to annual monitoring if:

a. An annual site visit or sanitary survey is conducted by the department and all identified sanitary defects are corrected. The waterworks may substitute a voluntary Level 2 assessment for the annual site visit.

b. The waterworks has a protected water source and maintained a clean compliance history for a minimum of 12 consecutive months following the event.

c. The waterworks has in place or has adopted one or more of the following additional barriers to contamination: (i) an approved cross-connection control program, (ii) a  licensed operator, (iii) continuous disinfection and maintenance of a residual in the distribution system in accordance with criteria specified by the department, (iv) demonstration of maintenance of at least a 4-log removal or inactivation of viruses in accordance with 12VAC5-590-379 A, or (v) other equivalent enhancements approved by the department.

10. 12. Seasonal waterworks monitoring.

a. All A seasonal waterworks shall demonstrate completion of an approved start-up procedure that may include start-up sampling prior to before serving water.

b. A seasonal waterworks shall monitor every month that it is in operation.

c. The commissioner department may waive any seasonal waterworks from some or all of the requirements for seasonal waterworks if the entire distribution system remains pressurized during the entire period that the waterworks is not operating.

d. Failure to complete an approved start-up procedure prior to before serving water is a treatment technique violation and requires the owner to provide public notification under Tier 2 conditions in 12VAC5-590-54012VAC5-590-540 A 2.

e. Failure to submit certification of completion to the commissioner department after the owner completes an approved start-up procedure is a reporting violation and requires the owner to provide public notification under Tier 3 conditions in 12VAC5-590-54012VAC5-590-540 A 3.

11.13. Additional routine monitoring in the month following a total coliform-positive sample.

a. Owners The owner collecting samples on a quarterly or annual frequency shall collect at least three additional routine samples during the month following one or more total coliform-positive samples, with or without a Level 1 treatment trigger. The owner shall use the results of additional routine samples in coliform treatment technique trigger calculations under 12VAC5-590-392 B.

b. The requirements specified in subdivision A 11 a A 13 a of this section may be waived by the commissioner department if:

(1) The commissioner department conducts a site visit before the end of the next month in which the waterworks provides water and has determined whether additional monitoring or corrective action is needed;

(2) The commissioner department has determined why the sample was total coliform positive and has established that the owner corrected the problem or will correct the problem before the end of the next month in which the waterworks serves water. In this case, the decision and the rationale for the decision shall be documented and approved in writing by the commissioner department. The commissioner department shall make this document available to EPA and the public. The documentation shall describe the specific cause of the total coliform-positive sample and what action the owner has taken or will take to correct this problem; or

(3) The commissioner department determines that the owner has corrected the contamination problem before collecting the set of repeat samples required in 12VAC5-590-380 D 3, and all repeat samples are total coliform negative. The commissioner department may waive the requirement for additional routine monitoring the next month.

c. The requirements specified in subdivision A 11 a A 13 a of this section may not be waived by the commissioner department solely on the grounds that all repeat samples are total coliform negative.

12.14. Failure to collect every required routine or additional routine sample in a compliance period is a monitoring violation and requires the owner to provide public notification under Tier 3 conditions in 12VAC5-590-540 12VAC5-590-540 A 3.

13.15. Failure to submit monitoring results after the owner properly conducts monitoring is a reporting violation and requires the owner to provide public notification under Tier 3 conditions in 12VAC5-590-540 12VAC5-590-540 A 3.

B. Chemical monitoring. The location of sampling points, the chemicals measured, the frequency, and the timing of sampling within each compliance period shall be established or approved by the commissioner department at the time of issuance of a waterworks operation permit, but may be modified as waterworks' conditions and regulations change.

1. The commissioner department may increase required monitoring where necessary to detect variations within the waterworks and to provide quality control for any treatment processes that are employed.

2. Analysis of field composite samples shall not be allowed.

3. Samples for contaminants that may exhibit seasonal variations shall be collected during the period of the year when contamination is most likely to occur.

4. Failure to comply with the sampling schedules in this section shall require public notification pursuant to 12VAC5-590-540 12VAC5-590-540 A 3.

C. The department may allow a consecutive waterworks that obtain potable water from another waterworks to limit monitoring to bacteriological, residual disinfectant, DBPs, and lead and copper.

D. Monitoring requirements for a waterworks developing new sources of source water are provided in 12VAC5-590-820, 12VAC5-590-830, and 12VAC5-590-840.

E. The department  may require an owner to collect additional samples to provide quality control for any treatment processes that are employed.

F. Surface water sampling requirements specified in 12VAC5-590-372 through 12VAC5-590-378 apply to GUDI sources.  

 Any other dates contained in this chapter notwithstanding, all waterworks shall comply with all applicable PMCLs listed in Tables 2.2 and 2.3.

Design criteria for new or modified waterworks or owners developing new sources of supply are found in 12VAC5-590-820, 12VAC5-590-830 and 12VAC5-590-840.

1. Inorganic chemical. Community and nontransient noncommunity waterworks owners shall conduct monitoring to determine compliance with the MCLs in Table 2.2 in accordance with this section. All other noncommunity waterworks owners shall conduct monitoring to determine compliance with the nitrate and nitrite PMCLs in Table 2.2 (as appropriate) in accordance with this section. Monitoring shall be conducted as follows:

a. The owner of any groundwater source waterworks with 150 or more service connections shall take a minimum of one sample at each entry point to the distribution system which is representative of each source, after treatment, unless a change in condition makes another sampling point more representative of each source or treatment plant (hereafter called a sampling point) starting in the compliance period beginning January 1, 1993. The owner of any groundwater source waterworks with fewer than 150 service connections shall take a minimum of one sample at each sampling point for asbestos, barium, cadmium, chromium, fluoride, mercury, nitrate, nitrite, and selenium in the compliance period beginning January 1, 1993, for antimony, beryllium, cyanide (as free cyanide), nickel, and thallium in the compliance period beginning January 1, 1996, and for arsenic (for community and nontransient noncommunity waterworks) in compliance with subdivision B 1 d (6) (b) of this section.

b. The owner of any waterworks which uses a surface water source in whole or in part with 150 or more service connections shall take a minimum of one sample at each entry point to the distribution system after any application of treatment or in the distribution system at a point which is representative of each source, after treatment, unless a change in conditions makes another sampling point more representative of each source or treatment plant (hereafter called a sampling point) beginning January 1, 1993. The owner of any waterworks which use a surface water source in whole or in part with fewer than 150 service connections shall take a minimum of one sample at each sampling point for asbestos, barium, cadmium, chromium, fluoride, mercury, nitrate, nitrite, and selenium beginning January 1, 1993, for antimony, beryllium, cyanide (as free cyanide), nickel, and thallium beginning January 1, 1996, and for arsenic (for community and nontransient noncommunity waterworks) in compliance with subdivision B 1 d (6) (a) of this section.

c. If a waterworks draws water from more than one source and the sources are combined before distribution, the owner shall sample at an entry point to the distribution system during periods of normal operating conditions (i.e., when water is representative of all sources being used).

d. The frequency of monitoring for asbestos shall be in accordance with subdivision B 1 d (1) of this section; the frequency of monitoring for barium, cadmium, chromium, fluoride, mercury, and selenium shall be in accordance with subdivision B 1 d (2) of this section; the frequency of monitoring for antimony, beryllium, cyanide (as free cyanide), nickel, and thallium shall be in accordance with subdivision B 1 d (3) of this section; the frequency of monitoring for nitrate shall be in accordance with subdivision B 1 d (4) of this section; the frequency of monitoring for nitrite shall be in accordance with subdivision B 1 d (5) of this section; and the frequency of monitoring for arsenic shall be in accordance with subdivision B 1 d (6) of this section.

(1) The frequency of monitoring conducted to determine compliance with the PMCL for asbestos specified in Table 2.2 shall be conducted as follows:

(a) The owner of each community and nontransient noncommunity waterworks is required to monitor for asbestos during the first three-year compliance period of each nine-year compliance cycle beginning in the compliance period starting January 1, 1993.

(b) If the owner believes the waterworks is not vulnerable to either asbestos contamination in its source water or due to corrosion of asbestos-cement pipe, or both, the owner may apply to the commissioner for a waiver of the monitoring requirement in subdivision B 1 d (1) (a) of this section. If the commissioner grants the waiver, the owner is not required to monitor.

(c) The commissioner may grant a waiver based on a consideration of the following factors:

(i) Potential asbestos contamination of the water source; and

(ii) The use of asbestos-cement pipe for finished water distribution and the corrosive nature of the water.

(d) A waiver remains in effect until the completion of the three-year compliance period. The owner of a waterworks not receiving a waiver shall monitor in accordance with the provisions of subdivision B 1 d (1) (a) of this section.

(e) The owner of a waterworks vulnerable to asbestos contamination due solely to corrosion of asbestos-cement pipe shall take one sample at a tap served by asbestos-cement pipe and under conditions where asbestos contamination is most likely to occur.

(f) The owner of a waterworks vulnerable to asbestos contamination due solely to source water shall monitor sampling points in accordance with subdivision B 1 of this section.

(g) The owner of a waterworks vulnerable to asbestos contamination due both to its source water supply and corrosion of asbestos-cement pipe shall take one sample at a tap served by asbestos-cement pipe and under conditions where asbestos contamination is most likely to occur.

(h) The owner of a waterworks which exceeds the PMCL as determined in 12VAC5-590-410 B 1 shall monitor quarterly beginning in the next quarter after the exceedance occurred.

(i) The commissioner may decrease the quarterly monitoring requirement to the frequency specified in subdivision B 1 d (1) (a) of this section provided the commissioner has determined that the waterworks is reliably and consistently below the PMCL. In no case can the commissioner make this determination unless the owner of a groundwater source waterworks takes a minimum of two quarterly samples or the owner of a waterworks which uses a surface water source in whole or in part takes a minimum of four quarterly samples.

(j) If monitoring data collected after January 1, 1990, are generally consistent with the requirements of subdivision B 1 d (1) of this section, then the commissioner may allow an owner to use that data to satisfy the monitoring requirement for the initial compliance period beginning January 1, 1993.

(2) The frequency of monitoring conducted to determine compliance with the MCLs in Table 2.2 for barium, cadmium, chromium, fluoride, mercury, and selenium shall be as follows:

(a) The owner of a groundwater source waterworks shall take one sample at each sampling point during each compliance period beginning in the compliance period starting January 1, 1993.

(b) The owner of a waterworks which uses a surface water source in whole or in part shall take one sample annually at each sampling point beginning January 1, 1993.

(c) An owner may apply to the commissioner for a waiver from the monitoring frequencies specified in subdivision B 1 d (2) (a) or (b) of this section.

(d) A condition of the waiver shall require that the owner shall take a minimum of one sample while the waiver is effective. The term during which the waiver is effective shall not exceed one compliance cycle (i.e., nine years).

(e) The commissioner may grant a waiver provided the owner of a waterworks that uses a surface water source in whole or in part has monitored annually for at least three years and groundwater waterworks have conducted a minimum of three rounds of monitoring. (At least one sample shall have been taken since January 1, 1990.) The owner of any waterworks which uses a surface water source in whole or in part or a groundwater source waterworks shall demonstrate that all previous analytical results were less than the PMCL. Waterworks that use a new water source are not eligible for a waiver until three rounds of monitoring from the new source have been completed.

(f) In determining the appropriate reduced monitoring frequency, the commissioner shall consider:

(i) Reported concentrations from all previous monitoring;

(ii) The degree of variation in reported concentrations; and

(iii) Other factors that may affect contaminant concentrations such as changes in groundwater pumping rates, changes in the waterworks configuration, changes in the waterworks operating procedures, or changes in stream flows or characteristics.

(g) A decision by the commissioner to grant a waiver shall be made in writing and shall set forth the basis for the determination. The request for a waiver may be initiated by the commissioner or upon an application by the owner. The owner shall specify the basis for the request. The commissioner shall review and, where appropriate, revise the determination of the appropriate monitoring frequency when the owner submits new monitoring data or when other data relevant to the waterworks appropriate monitoring frequency become available.

(h) Owners of waterworks that exceed the PMCLs as calculated in 12VAC5-590-410 shall monitor quarterly beginning in the next quarter after the exceedance occurred.

(i) The commissioner may decrease the quarterly monitoring requirement to the frequencies specified in subdivision B 1 d (2) (a), (b) or (c) of this section provided a determination has been made that the waterworks is reliably and consistently below the PMCL. In no case can the commissioner make this determination unless the owner of a groundwater source waterworks takes a minimum of two quarterly samples or the owner of a waterworks which uses a surface water source in whole or in part takes a minimum of four quarterly samples.

(3) The frequency of monitoring conducted to determine compliance with the PMCLs in Table 2.2 for antimony, beryllium, cyanide (as free cyanide), nickel, and thallium shall be as follows:

(a) The owner of a groundwater source waterworks with 150 or more service connections shall take one sample at each sampling point during each compliance period beginning in the compliance period starting January 1, 1993. The owner of a groundwater source waterworks with fewer than 150 service connections shall take one sample at each sampling point during each compliance period beginning in the compliance period starting January 1, 1996.

(b) The owner of a waterworks that uses a surface water source in whole or in part with 150 or more service connections shall take one sample annually at each sampling point beginning January 1, 1993. The owner of a waterworks that uses a surface water source in whole or in part with fewer than 150 service connections shall take one sample annually at each sampling point beginning January 1, 1996.

(c) An owner may apply to the commissioner for a waiver from the monitoring frequencies specified in subdivision B 1 d (3) (a) or (b) of this section.

(d) A condition of the waiver shall require that the owner take a minimum of one sample while the waiver is effective. The term during which the waiver is effective shall not exceed one compliance cycle (i.e., nine years).

(e) The commissioner may grant a waiver provided the owner of a waterworks that uses a surface water source in whole or in part has monitored annually for at least three years and groundwater waterworks have conducted a minimum of three rounds of monitoring. (At least one sample shall have been taken since January 1, 1990.) The owner of any waterworks which uses a surface water source in whole or in part or a groundwater source waterworks shall demonstrate that all previous analytical results were less than the PMCL. Waterworks that use a new water source are not eligible for a waiver until three rounds of monitoring from the new source have been completed.

(f) In determining the appropriate reduced monitoring frequency, the commissioner shall consider:

(i) Reported concentrations from all previous monitoring;

(ii) The degree of variation in reported concentrations; and

(iii) Other factors which may affect contaminant concentrations such as changes in groundwater pumping rates, changes in the waterworks configuration, changes in the waterworks operating procedures, or changes in stream flows or characteristics.

(g) A decision by the commissioner to grant a waiver shall be made in writing and shall set forth the basis for the determination. The request for a waiver may be initiated by the commissioner or upon an application by the owner. The owner shall specify the basis for the request. The commissioner shall review and, where appropriate, revise the determination of the appropriate monitoring frequency when the owner submits new monitoring data or when other data relevant to the waterworks appropriate monitoring frequency become available.

(h) Owners of waterworks that exceed the PMCLs as calculated in 12VAC5-590-410 shall monitor quarterly beginning in the next quarter after the exceedance occurred.

(i) The commissioner may decrease the quarterly monitoring requirement to the frequencies specified in subdivision B 1 d (3) (a), (b) or (c) of this section provided a determination has been made that the waterworks is reliably and consistently below the PMCL. In no case shall the commissioner make this determination unless the owner of a groundwater source waterworks takes a minimum of two quarterly samples or the owner of a waterworks which uses a surface water source in whole or in part takes a minimum of four quarterly samples.

(4) All community, nontransient noncommunity and noncommunity waterworks owners shall monitor to determine compliance with the PMCL for nitrate in Table 2.2.

(a) Owners of community and nontransient noncommunity waterworks that use a groundwater source shall monitor annually beginning January 1, 1993.

(b) Owners of community and nontransient noncommunity waterworks that use a surface water source in whole or in part shall monitor quarterly beginning January 1, 1993.

(c) For owners of community and nontransient noncommunity waterworks that use groundwater, the repeat monitoring frequency shall be quarterly for at least one year following any one sample in which the concentration is greater than 50% of the PMCL. The commissioner may allow the owner of a waterworks, that uses groundwater, to reduce the sampling frequency to annually after four consecutive quarterly samples are reliably and consistently less than the PMCL.

(d) For community and nontransient noncommunity waterworks, the commissioner may allow the owner of a waterworks that uses a surface water source in whole or in part, to reduce the sampling frequency to annually if all analytical results from four consecutive quarters are less than 50% of the PMCL. Such waterworks shall return to quarterly monitoring if any one sample is greater than or equal to 50% of the PMCL.

(e) The owners of all other noncommunity waterworks shall monitor annually beginning January 1, 1993.

(f) After the initial round of quarterly sampling is completed, the owner of each community and nontransient noncommunity waterworks that is monitoring annually shall take subsequent samples during the quarter(s) which previously resulted in the highest analytical result.

(5) All owners shall monitor to determine compliance with the PMCL for nitrite in Table 2.2.

(a) All owners shall take one sample at each sampling point in the compliance period beginning January 1, 1993.

(b) After the initial sample, the owner of any waterworks where an analytical result for nitrite is less than 50% of the PMCL shall monitor at the frequency specified by the commissioner.

(c) The repeat monitoring frequency for any owner shall be quarterly for at least one year following any one sample in which the concentration is greater than 50% of the PMCL. The commissioner may allow an owner to reduce the sampling frequency to annually after determining the analysis results are reliably and consistently less than the PMCL.

(d) Owners of waterworks which are monitoring annually shall take each subsequent sample during the quarter(s) which previously resulted in the highest analytical result.

(6) The frequency of monitoring conducted to determine compliance with the PMCLs in Table 2.2 for arsenic shall be as follows:

(a) The owner of each community and nontransient noncommunity waterworks that uses a surface water source in whole or in part shall take one sample annually at each sampling point beginning January 23, 2006.

(b) The owner of each community and nontransient noncommunity groundwater source waterworks shall take one sample at each entry point during each compliance period starting January 23, 2006.

(c) Owners of waterworks that exceed the PMCL, as calculated in 12VAC5-590-410, shall monitor quarterly beginning in the next quarter after the exceedance has occurred.

(d) The commissioner may decrease the quarterly monitoring requirement to the frequencies specified in subdivision B 1 d (6) (a) or (b) of this section provided a determination has been made that the waterworks is reliably and consistently below the PMCL. In no case can the commissioner make this determination unless the owner of a groundwater source waterworks takes a minimum of two quarterly samples or the owner of a waterworks that uses a surface water source in whole or in part takes a minimum of four quarterly samples.

(e) No waivers shall be granted by the commissioner for arsenic.

2. Organic chemicals. Owners of all community and nontransient noncommunity waterworks shall sample for organic chemicals in accordance with their water source. Where two or more sources are combined before distribution, the owner shall sample at the entry point for the combined sources during periods of normal operating conditions.

a. Owners of waterworks that use groundwater shall take a minimum of one sample at each entry point to the distribution system which is representative of each source, after treatment (hereafter called a sampling point).

b. Owners of waterworks that use a surface water source in whole or in part shall take a minimum of one sample at points in the distribution system that are representative of each source or at each entry point to the distribution system, after treatment (hereafter called a sampling point).

c. The owner of each community and nontransient noncommunity waterworks shall take four consecutive quarterly samples for each contaminant listed in Table 2.3-VOC 2 through 21 and SOC during each compliance period, beginning in the compliance period starting January 1, 1993.

d. Reduced monitoring.

(1) VOC.

(a) If the initial monitoring for contaminants listed in Table 2.3-VOC 1 through 8 and the monitoring for the contaminants listed in Table 2.3-VOC 9 through 21 as allowed in subdivision B 2 d (1) (c) of this section has been completed by December 31, 1992, and the waterworks did not detect any contaminant listed in Table 2.3-VOC 1 through 21, then the owner of each groundwater waterworks and waterworks that use a surface water source in whole or in part shall take one sample annually beginning January 1, 1993.

(b) After a minimum of three years of annual sampling, the commissioner may allow the owner of a groundwater waterworks with no previous detection of any contaminant listed in Table 2.3-VOC 2 through 21 to take one sample during each compliance period.

(c) The commissioner may allow the use of monitoring data collected after January 1, 1988, for purposes of initial monitoring compliance. If the data are generally consistent with the other requirements in this section, the commissioner may use these data (i.e., a single sample rather than four quarterly samples) to satisfy the initial monitoring requirement of subdivision B 2 c of this section. Owners of waterworks that use grandfathered samples and did not detect any contaminants listed in Table 2.3-VOC, 2 through 21, shall begin monitoring annually in accordance with subdivision B 2 d (1) (a) of this section beginning January 1, 1993.

(2) SOC.

(a) Owners of waterworks serving more than 3,300 persons that do not detect a contaminant listed in Table 2.3-SOC in the initial compliance period, may reduce the sampling frequency to a minimum of two quarterly samples in one year during each repeat compliance period.

(b) Owners of waterworks serving less than or equal to 3,300 persons that do not detect a contaminant listed in Table 2.3-SOC in the initial compliance period may reduce the sampling frequency to a minimum of one sample during each repeat compliance period.

e. Waiver application.

(1) For VOCs. The owner of any community and nontransient noncommunity groundwater waterworks which does not detect a contaminant listed in Table 2.3-VOC may apply to the commissioner for a waiver from the requirements of subdivisions B 2 d (1) (a) and (b) of this section after completing the initial monitoring. A waiver shall be effective for no more than six years (two compliance periods). The commissioner may also issue waivers to small systems for the initial round of monitoring for 1,2,4-trichlorobenzene.

(2) For SOCs. The owner of any community and nontransient noncommunity waterworks may apply to the commissioner for a waiver from the requirement of subdivisions B 2 c and d (2) of this section. The owner shall reapply for a waiver for each compliance period.

f. The commissioner may grant a waiver after evaluating the following factors: Knowledge of previous use (including transport, storage, or disposal) of the contaminant within the watershed or zone of influence of the source. If a determination by the commissioner reveals no previous use of the contaminant within the watershed or zone of influence, a waiver may be granted. If previous use of the contaminant is unknown or it has been used previously, then the following factors shall be used to determine whether a waiver is granted.

(1) Previous analytical results.

(2) The proximity of the waterworks to a potential point or nonpoint source of contamination. Point sources include spills and leaks of chemicals at or near a waterworks or at manufacturing, distribution, or storage facilities, or from hazardous and municipal waste landfills and other waste handling or treatment facilities. Nonpoint sources for SOCs include the use of pesticides to control insect and weed pests on agricultural areas, forest lands, home and gardens, and other land application uses.

(3) The environmental persistence and transport of the contaminants listed in Table 2.3 VOC and SOC.

(4) How well the water source is protected against contamination, such as whether it is a waterworks that uses a surface water source in whole or in part or whether it is a groundwater source waterworks. Groundwater source waterworks shall consider factors such as depth of the well, the type of soil, wellhead protection, and well structure integrity. Owners of waterworks that use surface water in whole or in part shall consider watershed protection.

(5) Special factors.

(a) For VOCs. The number of persons served by the waterworks and the proximity of a smaller waterworks to a larger waterworks.

(b) For SOCs. Elevated nitrate levels at the waterworks supply source.

(c) For SOCs. Use of PCBs in equipment used in the production, storage, or distribution of water (i.e., PCBs used in pumps, transformers, etc.).

g. Condition for waivers.

(1) As a condition of the VOC waiver the owner of a groundwater waterworks shall take one sample at each sampling point during the time the waiver is effective (i.e., one sample during two compliance periods or six years) and update its vulnerability assessment considering the factors listed in subdivision B 2 f of this section. Based on this vulnerability assessment the commissioner shall reconfirm that the waterworks is nonvulnerable. If the commissioner does not make this reconfirmation within three years of the initial determination, then the waiver is invalidated and the owner is required to sample annually as specified in subdivision B 2 d (1) (a) of this section.

(2) The owner of any community and nontransient noncommunity waterworks that use surface water in whole or in part which does not detect a contaminant listed in Table 2.3-VOC may apply to the commissioner for a waiver from the requirements of subdivision B 2 d (1) (a) of this section after completing the initial monitoring. Waterworks meeting these criteria shall be determined by the commissioner to be nonvulnerable based on a vulnerability assessment during each compliance period. Each owner receiving a waiver shall sample at the frequency specified by the commissioner (if any).

(3) There are no conditions to SOC waivers.

h. If a contaminant listed in Table 2.3-VOC 2 through 21 or SOC 1 through 33 is detected then (NOTE: Detection occurs when a contaminant level exceeds the current detection limit as defined by EPA.):

(1) Each owner shall monitor quarterly at each sampling point which resulted in a detection.

(2) The commissioner may decrease the quarterly monitoring requirement specified in subdivision B 2 h (1) of this section provided it has determined that the waterworks is reliably and consistently below the PMCL. In no case shall the commissioner make this determination unless the owner of a groundwater waterworks takes a minimum of two quarterly samples and the owner of a waterworks that use surface water in whole or in part takes a minimum of four quarterly samples.

(3) If the commissioner determines that the waterworks is reliably and consistently below the PMCL, the commissioner may allow the waterworks to monitor annually. Owners of waterworks that monitor annually shall monitor during the quarter(s) that previously yielded the highest analytical result.

(4) Owners of waterworks that have three consecutive annual samples with no detection of a contaminant may apply to the commissioner for a waiver for VOC as specified in subdivision B 2 e (1) or to SOC as specified in subdivision B 2 e (2) of this section.

(5) Subsequent monitoring due to contaminant detection.

(a) Owners of groundwater waterworks that have detected one or more of the following two-carbon organic compounds: trichloroethylene, tetrachloroethylene, 1,2-dichloroethane, 1,1,1-trichloroethane, cis-1,2-dichloroethylene, trans-1,2-dichloroethylene, or 1,1-dichloroethylene shall monitor quarterly for vinyl chloride. A vinyl chloride sample shall be taken at each sampling point at which one or more of the two-carbon organic compounds were detected. If the results of the first analysis do not detect vinyl chloride, the commissioner may reduce the quarterly monitoring frequency of vinyl chloride monitoring to one sample during each compliance period. Owners of waterworks that use surface water in whole or in part are required to monitor for vinyl chloride as specified by the commissioner.

(b) If monitoring results in detection of one or more of certain related contaminants (heptachlor and heptachlor epoxide), then subsequent monitoring shall analyze for all related contaminants.

i. Owners of waterworks that violate the requirements of Table 2.3 for VOCs or SOCs, as determined by 12VAC5-590-410 C, shall monitor quarterly. After a minimum of four consecutive quarterly samples that show the waterworks is in compliance as specified in 12VAC5-590-410 C and the commissioner determines that the waterworks is reliably and consistently below the PMCL, the owner may monitor at the frequency and time specified in subdivision B 2 h (3) of this section.

3. Disinfectant residuals, disinfection byproducts and disinfection byproduct precursors.

a. Unless otherwise noted, owners of all waterworks that use a chemical disinfectant shall comply with the requirements of this section as follows:

(1) Owners of community or nontransient noncommunity waterworks that use surface water or groundwater under the direct influence of surface water and serving 10,000 or more persons shall comply with this section beginning January 1, 2002.

(2) Owners of community or nontransient noncommunity waterworks that use surface water or groundwater under the direct influence of surface water serving fewer than 10,000 persons and waterworks using only groundwater not under the direct influence of surface water shall comply with this section beginning January 1, 2004.

(3) Owners of transient noncommunity waterworks that use surface water or groundwater under the direct influence of surface water and serving 10,000 or more persons and using chlorine dioxide as a disinfectant or oxidant shall comply with any requirements for chlorine dioxide in this section beginning January 1, 2002.

(4) Owners of transient noncommunity waterworks that use surface water or groundwater under the direct influence of surface water serving fewer than 10,000 persons and using chlorine dioxide as a disinfectant or oxidant and waterworks using only groundwater not under the direct influence of surface water and using chlorine dioxide as a disinfectant or oxidant shall comply with any requirements for chlorine dioxide in this section beginning January 1, 2004.

b. Owners shall take all samples during normal operating conditions.

(1) Analysis under this section for disinfection byproducts (TTHM, HAA5, chlorite and bromate) shall be conducted by a laboratory that has received certification by EPA or the state except as noted in subdivision B 3 b (2) of this section.

(2) Measurement under this section of daily chlorite samples at the entry point to the distribution system, disinfection residuals (free chlorine, combined chlorine, total chlorine and chlorine dioxide), alkalinity, bromide, TOC, SUVA (DOC and UV254), pH and magnesium shall be made by a party approved by the commissioner.

(3) DPD colorimetric test kits may be used to measure residual disinfectant concentrations for chlorine, chloramines and chlorine dioxide.

c. Failure to monitor in accordance with the monitoring plan required under subdivision B 3 j of this section is a monitoring violation. Failure to monitor shall be treated as a violation for the entire period covered by the annual average where compliance is based on a running annual average of monthly or quarterly samples or averages and the owner's failure to monitor makes it impossible to determine compliance with PMCLs or MRDLs.

d. Owners may use only data collected under the provisions of this section or the US EPA Information Collection Rule, 40 CFR Part 141 Subpart M, Information Collection Requirements (ICR) for Public Water Systems, to qualify for reduced monitoring.

e. TTHM/HAA5 monitoring. Owners of community or nontransient noncommunity waterworks shall monitor TTHM and HAA5 at the frequency indicated below, unless otherwise indicated:

(1) Running annual average monitoring requirements.

(a) Routine monitoring requirements:

(i) Owners of waterworks using surface water or groundwater under the direct influence of surface water and serving at least 10,000 persons shall collect four water samples per quarter per treatment plant. At least 25% of all samples collected each quarter shall be at locations representing maximum residence time in the distribution system. The remaining samples shall be taken at locations representative of at least average residence time in the distribution system and representative of the entire distribution system. When setting the sample locations the waterworks shall take into account number of persons served, different sources of water, and different treatment methods.

(ii) Owners of waterworks using surface water or groundwater under the direct influence of surface water and serving from 500 to 9,999 persons shall collect one sample per quarter per treatment plant. The sample location shall represent maximum residence time in the distribution system.

(iii) Owners of waterworks using surface water or groundwater under the direct influence of surface water and serving fewer than 500 persons shall collect one sample per year per treatment plant during the month of warmest water temperature. The sample location shall represent maximum residence time in the distribution system. If the sample (or average of annual samples, if more than one sample is taken) exceeds PMCL in Table 2.13, the owner shall increase monitoring to one sample per treatment plant per quarter, taken at a point reflecting the maximum residence time in the distribution system, until waterworks meets reduced monitoring criteria.

(iv) Owners of waterworks using only groundwater not under direct influence of surface water using chemical disinfectant and serving at least 10,000 persons shall collect one sample per quarter per treatment plant. The sample location shall represent maximum residence time in the distribution system.

(v) Owners of waterworks using only groundwater not under direct influence of surface water using chemical disinfectant and serving fewer than 10,000 persons shall collect one sample per year per treatment plant during the month of warmest water temperature. The sample location shall represent maximum residence time in the distribution system. If the sample (or average of annual samples, if more than one sample is taken) exceeds PMCL in Table 2.13, the owner shall increase monitoring to one sample per treatment plant per quarter, taken at a point reflecting the maximum residence time in the distribution system, until the waterworks meets the criteria for reduced monitoring found in subdivision B 3 e (1) (d) of this section.

(vi) If an owner elects to sample more frequently than the minimum required, at least 25% of all samples collected each quarter (including those taken in excess of the required frequency) shall be taken at locations that represent the maximum residence time of the water in the distribution system. The remaining samples shall be taken at locations representative of at least average residence time in the distribution system.

(vii) With prior approval of the commissioner, owners of waterworks that utilize multiple wells from a common aquifer may consider these multiple sources as one treatment plant for determining the minimum number of samples to be collected for TTHM and HAA5 analysis.

(b) After one year of routine monitoring an owner may reduce monitoring, except as otherwise provided, as follows:

(i) Owners of waterworks using surface water or groundwater under the direct influence of surface water and serving at least 10,000 persons that has a source water annual average TOC level, before any treatment, of equal to or less than 4.0 mg/L and a TTHM annual average equal to or less than 0.040 mg/L and HAA5 annual average equal to or less than 0.030 mg/L may reduce its monitoring to one sample per treatment plant per quarter at a distribution system location reflecting maximum residence time.

(ii) Owners of waterworks using surface water or groundwater under the direct influence of surface water serving from 500 to 9,999 persons that has a source water annual average TOC level, before any treatment, equal to or less than 4.0 mg/L and a TTHM annual average equal to or less than 0.040 mg/L and HAA5 annual average equal to or less than 0.030 mg/L may reduce its monitoring to one sample per treatment plant per year at a distribution system location reflecting maximum residence time during the month of warmest water temperature.

(iii) Owners of waterworks using only groundwater not under the direct influence of surface water, using chemical disinfectant and serving at least 10,000 persons that has a TTHM annual average of equal to or less than 0.040 mg/L and HAA5 annual average of equal to or less than 0.030 mg/L may reduce its monitoring to one sample per treatment plant per year at a distribution system location reflecting maximum residence time during the month of warmest water temperature.

(iv) Owners of waterworks using only groundwater not under the direct influence of surface water, using chemical disinfectant and serving fewer than 10,000 persons that has a TTHM annual average equal to or less than 0.040 mg/L and HAA5 annual average equal to or less than 0.030 mg/L for two consecutive years or TTHM annual average equal to or less than 0.020 mg/L and HAA5 annual average of equal to or less than 0.015 mg/L for one year may reduce its monitoring to one sample per treatment plant per three-year monitoring cycle at a distribution system location reflecting maximum residence time during the month of warmest water temperature, with the three-year cycle beginning on January 1 following the quarter in which the system qualifies for reduced monitoring.

(v) Owners of waterworks using surface water or groundwater under the direct influence of surface water serving fewer than 500 persons may not reduce its monitoring to less than one sample per treatment plant per year.

(vi) In order to qualify for reduced monitoring for TTHM and HAA5 under subdivision B 3 e (1) (b) (i) through (iv) of this section, owners of waterworks using surface water or groundwater under the direct influence of surface water not monitoring under the provisions of subdivision B 3 (i) shall take monthly TOC samples every 30 days at a location prior to any treatment, beginning April 1, 2008. In addition to meeting other criteria for reduced monitoring in subdivision B 3 e (1) (b) (i) through (iv) of this section, the source water TOC running annual average shall be less than or equal to 4.0 mg/L (based on the most recent four quarters of monitoring) on a continuing basis at each treatment plant to reduce or remain on reduced monitoring for TTHM and HAA5. Once qualified for reduced monitoring for TTHM and HAA5 under subdivision B 3 e (1) (b) (i) through (iv) of this section, a system may reduce source water TOC monitoring to quarterly TOC samples taken every 90 days at a location prior to any treatment.

(c) Owners of waterworks on a reduced monitoring schedule may remain on that reduced schedule as long as the average of all samples taken in the year (for waterworks that must monitor quarterly) or the result of the sample (for waterworks that must monitor no more frequently than annually) is no more than 0.060 mg/L and 0.045 mg/L for TTHMs and HAA5, respectively. Owners of waterworks that do not meet these levels shall resume monitoring at the frequency identified in subdivision B 3 e (1) (a) of this section in the quarter immediately following the monitoring period in which the waterworks exceeds 0.060 mg/L or 0.045 mg/L for TTHMs and HAA5, respectively. For waterworks using only groundwater not under the direct influence of surface water and serving fewer than 10,000 persons, if either the TTHMs annual average is greater than 0.080 mg/L or the HAA5 annual average is greater than 0.060 mg/L, the owner shall go to increased monitoring identified in subdivision B 3 e (1) (a) of this section in the quarter immediately following the monitoring period in which the waterworks exceeds 0.080 mg/L or 0.060 mg/L for TTHM or HAA5 respectively.

(d) Owners of waterworks on increased monitoring may return to routine monitoring if, after at least one year of monitoring, their TTHM annual average is equal to or less than 0.060 mg/L and their HAA5 annual average is equal to or less than 0.045 mg/L.

(e) The commissioner may return a waterworks to routine monitoring at the commissioner's discretion.

(2) Initial distribution system evaluations (IDSE).

(a) This subdivision establishes monitoring and other requirements for identifying locational running annual average (LRAA) compliance monitoring locations for determining compliance with maximum contaminant levels for total trihalomethanes (TTHM) and haloacetic acids (five) (HAA5). Owners shall use an IDSE to determine locations with representative high TTHM and HAA5 concentrations throughout the distribution system. IDSEs are used in conjunction with, but separate from running annual average compliance monitoring locations, subdivision B 3 e (1) (a) of this section, to identify and select locational running annual average compliance monitoring locations, subdivision B 3 e (3) of this section.

(b) This subdivision applies to the following waterworks:

(i) Community waterworks that use a primary or residual disinfectant other than ultraviolet light or delivers water that has been treated with a primary or residual disinfectant other than ultraviolet light; or,

(ii) Nontransient noncommunity waterworks that serve at least 10,000 people and use a primary or residual disinfectant other than ultraviolet light or delivers water that has been treated with a primary or residual disinfectant other than ultraviolet light.

(c) Owners shall comply with the following schedule:

Waterworks Population

Owners shall submit a standard monitoring plan or system specific study plan1 or 40/30 certification2 to the commissioner by or receive very small system waiver from the commissioner.

Owners shall complete standard monitoring or system specific study by

Owners shall submit IDSE report to the commissioner by3

Waterworks that are not part of a combined distribution system and waterworks that serve the largest population in the combined distribution system

Equal to or greater than 100,000

October 1, 2006

September 30, 2008

January 1, 2009

50,000-99,999

April 1, 2007

March 31, 2009

July 1, 2009

10,000-49,999

October 1, 2007

September 30, 2009

January 1, 2010

Less than 10,000 (CWS Only)

April 1, 2008

March 31, 2010

July 1, 2010

Other waterworks that are part of a combined distribution system

Wholesale waterworks or consecutive waterworks

-at the same time as the waterworks with the earliest compliance date in the combined distribution system

-at the same time as the waterworks with the earliest compliance date in the combined distribution system

-at the same time as the waterworks with the earliest compliance date in the combined distribution system

1If, within 12 months after the date identified in this column, the commissioner does not approve the plan or notify the owner that the review has been completed; the owner may consider the submitted plan as approved. The owner shall implement the plan and shall complete standard monitoring or a system specific study no later than the date identified in the third column.

2The owner shall submit the 40/30 certification under subdivision B 3 e (2) (d) (v) of this section by the date indicated.

3If, within three months after the date identified in this column (nine months after the date identified in this column if the owner is required to comply with the schedule for waterworks populations 10,000 to 49,999), the commissioner does not approve the IDSE report or notify the owner that the review has not been completed, the owner may consider the submitted report as approved and the owner shall implement the recommended monitoring in accordance with subdivision B 3 e (3) of this section as required.

For the purpose of this schedule, the commissioner has determined that the combined distribution system does not include consecutive waterworks that receive water from a wholesale waterworks only on an emergency basis or receive less than 10% of their total water consumption from a wholesale waterworks. The commissioner has also determined that the combined distribution system does not include wholesale waterworks that deliver water to a consecutive waterworks only on an emergency basis or delivers less than 10% of the total water used by a consecutive waterworks.

(d) Owners shall conduct standard monitoring that meets the requirements in subdivision B 3 e (2) (d) (iii) of this section, or a system specific study that meets the requirements in subdivision B 3 e (2) (d) (iv) of this section, or certify to the commissioner that the waterworks meets 40/30 certification criteria under subdivision B 3 e (2) (d) (v) of this section, or qualify for a very small system waiver under subdivision B 3 e (2) (d) (vi) of this section.

(i) Owners shall have taken the full complement of routine TTHM and HAA5 compliance samples required of a waterworks based on population and source water under subdivision B 3 e (1) of this section (or the owner shall have taken the full complement of reduced TTHM and HAA5 compliance samples required of an owner based population and source water under subdivision B 3 e (1) of this section if the waterworks meet reduced monitoring criteria under subdivision B 3 e (1)) of this section during the period specified in subdivision B 3 e (2) (d) (v) ((a)) of this section to meet the 40/30 certification criteria in subdivision B 3 e (2) (d) (v) of this section. Owners shall have taken TTHM and HAA5 samples under subdivision B 3 e (1) of this section to be eligible for the very small system waiver in subdivision B 3 e (2) (d) (vi) of this section.

(ii) If the owner has not taken the required samples, the owner shall conduct standard monitoring that meets the requirements in subdivision B 3 e (2) (d) (iii) of this section, or a system specific study that meets the requirements in subdivision B 3 e (2) (d) (iv) of this section.

(iii) Standard monitoring.

((a)) The standard monitoring plan shall comply with the following paragraphs ((i)) through ((iv)). Owners shall prepare and submit the standard monitoring plan to the commissioner according to the schedule in subdivision B 3 e (2) (c) of this section.

((i)) The standard monitoring plan shall include a schematic of the waterworks distribution system (including distribution system entry points and their sources, and storage facilities), with notes indicating locations and dates of all projected standard monitoring, and all projected compliance monitoring in accordance with subdivision B 3 e (1) of this section.

((ii)) The standard monitoring plan shall include justification of standard monitoring location selection and a summary of data relied on to justify standard monitoring location selection.

((iii)) The standard monitoring plan shall specify the population served and waterworks type (surface water, groundwater under the direct influence of surface water or groundwater).

((iv)) Owners shall retain a complete copy of the submitted standard monitoring plan, including any modification required by the commissioner of the standard monitoring plan, for as long as the owner is required to retain the IDSE report under subdivision B 3 e (2) (d) (iii) ((c)) ((iv)) of this section.

((b)) Owners shall monitor as indicated in the following table. Owners shall collect dual sample sets at each monitoring location. One sample in the dual sample set shall be analyzed for TTHM. The other sample in the dual sample set shall be analyzed for HAA5. Owners shall conduct one monitoring period during the peak historical month for TTHM levels or HAA5 levels or the month of warmest water temperature. Owners shall review available compliance, study, or operational data to determine the peak historical month for TTHM or HAA5 levels or warmest water temperature.

Source Water Type

Population Size Category

Monitoring Periods and Frequency of Sampling

Distribution System Monitoring Locations1

Total per monitoring period

Near Entry Points

Average Residence Time

High TTHM Locations

High HAA5 Locations

Surface water or ground-water under the direct influence of surface water.

Less than 500 consecutive waterworks

one (during peak historical month)2

2

1

 

1

 

Less than 500 nonconsecutive waterworks

2

 

 

1

1

500-3,300 consecutive waterworks

four (every 90 days)

2

1

 

1

 

500-3,300 nonconsecutive waterworks

2

 

 

1

1

3,301-9,999

4

 

1

2

1

10,000-49,999

six (every 60 days)

8

1

2

3

2

50,000-249,999

16

3

4

5

4

250,000-999,999

24

4

6

8

6

1,000,000-4,999,999

32

6

8

10

8

Equal to or greater than 5,000,000

40

8

10

12

10

Ground-water

Less than 500 consecutive waterworks

one (during peak historical month)2

2

1

 

1

 

Less than 500 nonconsecutive waterworks

2

 

 

1

1

500-9,999

four (every 90 days)

2

 

 

1

1

10,000-99,999

6

1

1

2

2

100,000-499,999

8

1

1

3

3

Equal to or greater than 500,000

12

2

2

4

4

1A dual sample set (i.e., a TTHM and an HAA5 sample) shall be taken at each monitoring location during each monitoring period.

2The peak historical month is the month with the highest TTHM or HAA5 levels or the warmest water temperature.

((i)) Owners shall take samples at locations other than the existing monitoring locations used in subdivision B 3 e (1) of this section. Monitoring locations shall be distributed throughout the distribution system.

((ii)) If the number of entry points to the distribution system is fewer than the specified number of entry point monitoring locations, excess entry point samples shall be replaced equally at high TTHM and HAA5 locations. If there is an odd extra location number, the owner shall take a sample at a high TTHM location. If the number of entry points to the distribution system is more than the specified number of entry point monitoring locations, owners shall take samples at entry points to the distribution system having the highest annual water flows.

((iii)) The monitoring under subdivision B 3 e (2) (d) (iii) ((b)) of this section may not be reduced.

((c)) The IDSE report shall include the elements required in the following paragraphs. Owners shall submit the IDSE report to the commissioner according to the schedule in subdivision B 3 e (2) (c) of this section.

((i)) The IDSE report shall include all TTHM and HAA5 analytical results from compliance monitoring required under subdivision B 3 e (1) of this section and all standard monitoring conducted during the period of the IDSE as individual analytical results and LRAAs presented in a tabular or spreadsheet format acceptable to the commissioner. If changed from the standard monitoring plan submitted under subdivision B 3 e (2) (d) (iii) ((a)) of this section, the report shall also include a schematic of the distribution system, the population served, and system type (surface water, groundwater under the direct influence of surface water or groundwater).

((ii)) The IDSE report shall include an explanation of any deviations from the approved standard monitoring plan.

((iii)) Owners shall recommend and justify the compliance monitoring locations to be used in accordance with subdivision B 3 e (3) of this section and timing based on the protocol in subdivision B 3 e (2) (e) of this section.

((iv)) Owners shall retain a complete copy of the IDSE report submitted under this section for 10 years after the date the report was submitted to the commissioner. If the commissioner modifies the LRAA monitoring requirements recommended in the IDSE report or if the commissioner approves alternative monitoring locations, the owner shall keep a copy of the commissioner's notification on file for 10 years after the date of the commissioner's notification. The owner shall make the IDSE report and any commissioner's notification available for review by the commissioner or the public.

(iv) System specific studies.

((a)) The system specific study plan shall be based on either existing monitoring results as required under subdivision B 3 e (2) (d) (iv) ((a)) or modeling as required under subdivision B 3 e (2) (d) (iv) ((a)) of this section. Owners shall prepare and submit the waterworks specific study plan to the commissioner according to the schedule in subdivision B 3 e (2) (c) of this section.

((i)) Existing monitoring results. Owners may comply by submitting monitoring results collected before the waterworks is required to begin monitoring under subdivision B 3 e (2) (c) of this section. The monitoring results and analysis shall meet the criteria in subdivisions ((1)) and ((2)) as follows:

((1)) Minimum requirements.

((A)) TTHM and HAA5 results shall be based on samples collected and analyzed in accordance with 12VAC5-590-440. Samples shall be collected no earlier than five years prior to the study plan submission date.

((B)) The monitoring locations and frequency shall meet the conditions identified in the following table. Each location shall be sampled once during the peak historical month for TTHM levels or HAA5 levels or the month of warmest water temperature for every 12 months of data submitted for that location. Monitoring results shall include all compliance monitoring results in accordance with subdivision B 3 e (1) of this section plus additional monitoring results as necessary to meet minimum sample requirements.

System Type

Population Size Category

Number of Monitoring Locations

Number of Samples

TTHM

HAA5

Surface water or groundwater under the direct influence of surface water

Less than 500

3

3

3

500-3,300

3

9

9

3,301-9,999

6

36

36

10,000-49,999

12

72

72

50,000-249,999

24

144

144

250,000-999,999

36

216

216

1,000,000-4,999,999

48

288

288

Equal to or greater than 5,000,000

60

360

360

Groundwater

Less than 500

3

3

3

500-9,999

3

9

9

10,000-99,999

12

48

48

100,000-499,999

18

72

72

Equal to or greater than 500,000

24

96

96

((2)) Reporting monitoring results. Owners shall report the following information:

((A)) Owners shall report previously collected monitoring results and certify that the reported monitoring results include all compliance and non-compliance results generated during the time period beginning with the first reported result and ending with the most recent results collected in accordance with subdivision B 3 e (1) of this section.

((B)) Owners shall certify that the samples were representative of the entire distribution system and that treatment, and distribution system have not changed significantly since the samples were collected.

((C)) The study monitoring plan shall include a schematic of the distribution system (including distribution system entry points and their sources, and storage facilities), with notes indicating the locations and dates of all completed or planned system specific study monitoring.

((D)) The system specific study plan shall specify the population served and system type (surface water, groundwater under the direct influence of surface water or groundwater).

((E)) Owners shall retain a complete copy of the system specific study plan submitted, including any modification requested by the commissioner of the system specific study plan, for as long as the owner is required to retain the IDSE report under subdivision B 3 e (2) (d) (iv) ((b)) ((vii)) of this section.

((F)) If previously collected data that fully meets the number of samples required under subdivision B 3 e (2) (d) (iv) ((a)) ((i)) ((1)) ((b)) of this section and the commissioner rejects some of the data, the owner shall either conduct additional monitoring to replace rejected data on a schedule the commissioner approves or conduct standard monitoring under subdivision B 3 e (2) (d) (iii) of this section.

((ii)) Modeling. Owners may comply through analysis of an extended period simulation hydraulic model. The extended period simulation hydraulic model and analysis shall meet the following criteria:

((1)) Minimum requirements.

((A)) The model shall simulate 24-hour variation in demand and show a consistently repeating 24-hour pattern of residence time.

((B)) The model shall represent the criteria listed in the following table:

 

75% of pipe volume;

 

50% of pipe length;

 

All pressure zones;

 

All 12-inch diameter and larger pipes;

 

All 8-inch and larger pipes that connect pressure zones, influence zones from different sources, storage facilities, major demand areas, pumps, and control valves, or are known or expected to be significant conveyors of water;

 

All 6-inch and larger pipes that connect remote areas of a distribution system to the main portion of the system;

 

All storage facilities with standard operations represented in the model; and

 

All active pump stations with controls represented in the model; and

 

All active control valves.

((C)) The model shall be calibrated, or have calibration plans, for the current configuration of the distribution system during the period of high TTHM formation potential. All storage facilities shall be evaluated as part of the calibration process. All required calibration shall be completed no later than 12 months after plan submission.

((2)) Reporting modeling. The system specific study plan shall include the following information:

((A)) Tabular or spreadsheet data demonstrating that the model meets requirements in subdivision B 3 e (2) (d) (iv) ((a)) ((ii)) ((1)) ((b)) of this section.

((B)) A description of all calibration activities undertaken, and if calibration is complete, a graph of predicted tank levels versus measured tank levels for the storage facility with the highest residence time in each pressure zone, and a time series graph of the residence time at the longest residence time storage facility in the distribution system showing the predictions for the entire simulation period (i.e., from time zero until the time it takes to for the model to reach a consistently repeating pattern of residence time).

((C)) Model output showing preliminary 24-hour average residence time predictions throughout the distribution system.

((D)) Timing and number of samples representative of the distribution system planned for at least one monitoring period of TTHM and HAA5 dual sample monitoring at a number of locations no less than would be required for the system under standard monitoring in subdivision B 3 e (2) (d) (iii) of this section during the historical month of high TTHM. These samples shall be taken at locations other than existing compliance monitoring locations listed in subdivision B 3 e (1) of this section.

((E)) Description of how all requirements will be completed no later than 12 months after owner submits the system specific study plan.

((F)) Schematic of the distribution system (including distribution system entry points and their sources, and storage facilities), with notes indicating the locations and dates of all completed system specific study monitoring (if calibration is complete) and all compliance monitoring listed in subdivision B 3 e (1) of this section.

((G)) Population served and system type (surface water, groundwater under the direct influence of surface water or groundwater).

((H)) Owners shall retain a complete copy of the system specific study plan submitted, including any modification recommended by the commissioner to the waterworks specific study plan, for as long as the owner is required to retain the IDSE report under subdivision B 3 e (2) (d) (iv) ((b)) ((vii)) of this section.

((3)) If an owner submits a model that does not fully meet the requirements under paragraph (iv) ((a)) ((ii)) of this section, the owners shall correct the deficiencies and respond to commissioner's inquiries concerning the model. If the owner fails to correct deficiencies or respond to inquiries to the commissioner's satisfaction, the owner shall conduct standard monitoring under subdivision B 3 e (2) (d) (iii) of this section.

((b)) The IDSE report shall include the elements required in the following paragraphs. Owners shall submit the IDSE report according to the schedule in subdivision B 3 e (2) (c) of this section.

((i)) The IDSE report shall include all TTHM and HAA5 analytical results from compliance monitoring in subdivision B 3 e (1) of this section and all system specific study monitoring conducted during the period of the system specific study presented in a tabular or spreadsheet format acceptable to the commissioner. If changed from the system specific study plan submitted under subdivision B 3 e (2) (d) (iv) ((a)) of this section, the IDSE report shall also include a schematic of the distribution system, the population served; and system type (surface water, groundwater under the direct influence of surface water or groundwater).

((ii)) Owners of waterworks using the modeling provision under subdivision B 3 e (2) (d) (iv) ((a)) ((ii)) of this section shall include final information for the elements described in subdivision B 3 e (2) (d) (iv) ((a)) ((ii)) ((2)) of this section, and a 24-hour time series graph of residence time for each LRAA compliance monitoring location selected.

((iii)) The owner shall recommend and justify LRAA compliance monitoring locations and timing based on the protocol in subdivision B 3 e (2) (e) of this section.

((iv)) The IDSE report shall include an explanation of any deviations from the waterworks approved system specific study plan.

((v)) The IDSE report shall include the basis (analytical and modeling results) and justification the owner used to select the recommended LRAA monitoring locations.

((vi)) The owner may submit the IDSE report in lieu of the system specific study plan on the schedule identified in subdivision B 3 e (2) (c) of this section for submission of the system specific study plan if the owner believes the necessary information has been obtained by the time that the waterworks specific study plan is due. If the owner elects this approach, the IDSE report shall also include all information required under subdivision B 3 e (2) (d) (iv) ((a)) of this section.

((vii)) The owner shall retain a complete copy of the IDSE report submitted under this subdivision for 10 years after the date submitted. If the commissioner modifies the LRAA monitoring requirements that the owner recommended in the IDSE report or if the commissioner approves alternative monitoring locations, the owner shall keep a copy of the commissioner's notification on file for 10 years after the date of the commissioner's notification. The owner shall make the IDSE report and any notification from the commissioner available for review by the commissioner or the public.

(v) 40/30 certifications.

((a)) Eligibility. Waterworks are eligible for 40/30 certification if the waterworks had no TTHM or HAA5 monitoring violations under subdivision B 3 e (1) of this section and no individual sample exceeded 0.040 mg/L for TTHM or 0.030 mg/L for HAA5 during an eight consecutive calendar quarter period beginning no earlier than the date specified in the following table.

If the waterworks 40/30 Certification Is Due

Then the waterworks eligibility for 40/30 certification is based on eight consecutive calendar quarters of compliance monitoring under subdivision B 3 e (1) results beginning no earlier than1

October 1, 2006

January 2004

April 1, 2007

January 2004

October 1, 2007

January 2005

April 1, 2008

January 2005

1Unless the waterworks is on reduced monitoring under subdivision B 3 e (1) of this section and was not required to monitor during the specified period. If the owner did not monitor during the specified period, the owner shall base eligibility on compliance samples taken during the 12 months preceding the specified period.

((b)) Requirements for 40/30 certification:

((i)) Certify to the commissioner that every individual compliance sample taken under subdivision B 3 e (1) of this section during the periods specified in subdivision B 3 e (2) (d) (v) ((a)) of this section were less than or equal to 0.040 mg/L for TTHM and less than or equal to 0.030 mg/L for HAA5, and that the waterworks has not had any TTHM or HAA5 monitoring violations during the period specified in subdivision ((a)).

((ii)) The commissioner may require the owner to submit compliance monitoring results, distribution system schematics, and/or recommended LRAA compliance monitoring locations in addition to the certification. If an owner fails to submit the requested information, the commissioner may require standard monitoring under subdivision B 3 e (2) (d) (iii) of this section or a system specific study under subdivision B 3 e (2) (d) (iv) of this section.

((iii)) The commissioner may still require standard monitoring under subdivision B 3 e (2) (d) (iii) or a system specific study under subdivision B 3 e (2) (d) (iv) of this section even if the waterworks meet the criteria in subdivision B 3 e (2) (d) (v) ((a)) of this section.

((iv)) The owner shall retain a complete copy of the certification submitted under this subdivision for 10 years after the date that the owner submitted the certification. The owner shall make the certification, all data upon which the certification is based, and any notification from the commissioner available for review by the commissioner or the public.

(vi) Very small system waivers.

((a)) If the waterworks serves fewer than 500 people and has taken TTHM and HAA5 samples under subdivision B 3 e (1) of this section, the owner is not required to comply with this subdivision unless the commissioner notifies the owner to conduct standard monitoring under subdivision B 3 e (2) (d) (iii) or a system specific study under subdivision B 3 e (2) (d) (iv) of this section.

((b)) If the owner has not taken TTHM and HAA5 samples under subdivision B 3 e (1) of this section or if the commissioner notifies the owner to comply with this subdivision, the owner shall conduct standard monitoring under subdivision B 3 e (2) (d) (iii) of this section or a system specific study under subdivision B 3 e (2) (d) (iv) of this section.

(e) LRAA compliance monitoring location recommendations.

(i) The IDSE report shall include recommendations and justification for where and during what month(s) TTHM and HAA5 monitoring in accordance with subdivision B 3 e (3) of this section should be conducted. These recommendations shall be based on the criteria in the paragraphs in this section.

(ii) Owners shall select the number of monitoring locations specified in the following table. These recommended locations will be used as LRAA routine compliance monitoring locations, unless the commissioner requires different or additional locations. The locations should be distributed throughout the distribution system to the extent possible.

Source Water Type

Population Size Category

Monitoring Frequency1

Distribution System Monitoring Location

Total per monitoring period2

Highest TTHM Locations

Highest HAA5 Locations

Existing Compliance Locations in accordance with subdivision B 3 e (1)

Surface water or ground-water under the direct influence of surface water

Less than 500

per year

2

1

1

 

500-3,300

per quarter

2

1

1

 

3,301-9,999

per quarter

2

1

1

 

10,000-49,999

per quarter

4

2

1

1

50,000-249,999

per quarter

8

3

3

2

250,000-999,999

per quarter

12

5

4

3

1,000,000-4,999,999

per quarter

16

6

6

4

Equal to or greater than 5,000,000

per quarter

20

8

7

5

Ground-water

Less than 500

per year

2

1

1

 

500-9,999

per year

2

1

1

 

10,000-99,999

per quarter

4

2

1

1

100,000-499,999

per quarter

6

3

2

1

Equal to or greater than 500,000

per quarter

8

3

3

2

1All owners shall monitor during month of highest DBP concentrations.

2Owners of waterworks on quarterly monitoring (except for surface water source or GUDI source waterworks serving 500-3,300) shall take dual sample sets every 90 days at each monitoring location. Groundwater source waterworks serving 500-9,999 (on annual monitoring) shall take dual sample sets annually at each monitoring location. Waterworks serving fewer than 500 and surface water source or GUDI source waterworks serving 500-3,300 shall take individual TTHM and HAA5 samples (instead of a dual sample set) at the locations with the highest TTHM and HAA5 concentrations, respectively. Waterworks serving fewer than 500 shall sample annually and surface water source or GUDI source systems serving 500-3,300 shall sample every 90 days. Only one location with a dual sample set per monitoring period is needed if highest TTHM and HAA5 concentrations occur at the same location (and month, if monitoring annually).

(iii) Owners shall recommend LRRA compliance monitoring locations based on standard monitoring results, system specific study results, and compliance monitoring results under subdivision B 3 e (1) of this section. Owners shall follow the protocol in subdivision B 3 e (2) (e) (iii) ((a)) through ((h)) of this section. If required to monitor at more than eight locations, the owner shall repeat the protocol as necessary. If an owner does not have existing compliance monitoring results under subdivision B 3 e (1) of this section or if the owner does not have enough existing compliance monitoring results under subdivision B 3 e (1) of this section, the owner shall repeat the protocol, skipping the provisions of subdivision B 3 e (2) (e) (iii) ((c)) and ((g)) of this section as necessary, until the owner has identified the required total number of monitoring locations.

((a)) Location with the highest TTHM LRAA not previously selected as a LRAA monitoring location.

((b)) Location with the highest HAA5 LRAA not previously selected as a LRAA monitoring location.

((c)) Existing average residence time compliance monitoring location under subdivision B 3 e (1) of this section (maximum residence time compliance monitoring location for ground water systems) with the highest HAA5 LRAA not previously selected as a LRAA monitoring location.

((d)) Location with the highest TTHM LRAA not previously selected as a LRAA monitoring location.

((e)) Location with the highest TTHM LRAA not previously selected as a LRAA monitoring location.

((f)) Location with the highest HAA5 LRAA not previously selected as a LRAA monitoring location.

((g)) Existing average residence time compliance monitoring location under subdivision B 3 e (1) of this section (maximum residence time compliance monitoring location for ground water systems) with the highest TTHM LRAA not previously selected as a LRAA monitoring location.

((h)) Location with the highest HAA5 LRAA not previously selected as a LRAA monitoring location.

(iv) An owner may recommend locations other than those specified in subdivision B 3 e (2) (e) (iii) of this section if the owner includes a rationale for selecting other locations. If the commissioner approves the alternate locations, the owners shall monitor at these locations to determine compliance under subdivision B 3 e (3) of this section.

(v) The recommended schedule shall include LRAA monitoring during the peak historical month for TTHM and HAA5 concentration, unless the commissioner approves another month. Once the owner has identified the peak historical month, and if the owner is required to conduct routine monitoring at least quarterly, the owner shall schedule LRAA compliance monitoring at a regular frequency of every 90 days or fewer.

(f) The owner shall use only the analytical methods specified in 12VAC5-590-440, or otherwise approved by EPA for monitoring, to demonstrate compliance.

(g) IDSE results will not be used for the purpose of determining compliance with MCLs in Table 2.13.

(3) Locational running annual average monitoring requirements.

(a) This subdivision establishes monitoring and other requirements for achieving compliance with maximum contaminant levels based on locational running annual averages (LRAA) for total trihalomethanes (TTHM) and haloacetic acids (five) (HAA5), and for achieving compliance with maximum residual disinfectant residuals for chlorine and chloramines for certain consecutive waterworks.

(b) This subdivision applies to community waterworks or nontransient noncommunity waterworks that uses a primary or residual disinfectant other than ultraviolet light or delivers water that has been treated with a primary or residual disinfectant other than ultraviolet light.

(c) Owner shall comply on the schedule in the following table based on the type of waterworks:

Type of Waterworks

Waterworks shall comply with Locational Running Average monitoring by:1

Waterworks that are not part of a combined distribution system and waterworks that serve the largest population in the combined distribution system

Waterworks serving equal to or greater than 100,000

April 1, 2012

Waterworks serving 50,000-99,999

October 1, 2012

Waterworks serving 10,000-49,999

October 1, 2013

Waterworks serving less than 10,000

October 1, 2013 if no Cryptosporidium monitoring is required under 12VAC5-590-420 B 3 a (1) (c)

or

October 1, 2014 if Cryptosporidium monitoring is required under 12VAC5-590-420 B 3 a (1) (c)

Other waterworks that are part of a combined distribution system

Consecutive waterworks or wholesale waterworks

-at the same time as the waterworks with the earliest compliance date in the combined distribution system

1The commissioner may grant up to an additional 24 months for compliance with MCLs and operational evaluation levels if the waterworks require capital improvements to comply with an MCL.

(i) Waterworks monitoring frequency is specified in subdivision B 3 e (3) (d) (ii) of this section.

((a)) Owners of waterworks required to conduct quarterly monitoring shall begin monitoring in the first full calendar quarter that includes the compliance date in the table in subdivision B 3 e (3) (c) of this section.

((b)) Owners of waterworks required to conduct monitoring at a frequency that is less than quarterly shall begin monitoring in the calendar month recommended in the IDSE report prepared under subdivision B 3 e (2) (d) (iii) or subdivision B 3 e (2) (d) (iv) of this section or the calendar month identified in the LRAA monitoring plan developed under subdivision B 3 e (3) (e) of this section no later than 12 months after the compliance date in the table in subdivision B 3 e (3) (c) of this section.

(ii) Owners of waterworks required to conduct quarterly monitoring shall make compliance calculations at the end of the fourth calendar quarter that follows the compliance date and at the end of each subsequent quarter (or earlier if the LRAA calculated based on fewer than four quarters of data would cause the MCL to be exceeded regardless of the monitoring results of subsequent quarters). Owners of waterworks required to conduct monitoring at a frequency that is less than quarterly shall make compliance calculations beginning with the first compliance sample taken after the compliance date.

(iii) For the purpose of the schedule in subdivision B 3 e (3) (c) of this section, the commissioner has determine that the combined distribution system does not include consecutive waterworks that receive water from a wholesale waterworks only on an emergency basis or receive less than 10% of their total water consumption from a wholesale waterworks. The commissioner has also determine that the combined distribution system does not include wholesale waterworks which deliver water to a consecutive waterworks only on an emergency basis or deliver less than 10% of the total water used by a consecutive waterworks.

(d) Routine monitoring.

(i) Owners submitting an IDSE report shall begin monitoring at the locations and months the owner recommended in the IDSE report submitted under subdivision B 3 e (2) (e) of this section following the schedule in subdivision B 3 e (3) (c) of this section, unless the commissioner requires other locations or additional locations after review. If the owner submitted a 40/30 certification under subdivision B 3 e (2) (d) (v) of this section or the waterworks qualified for a very small system waiver under subdivision B 3 e (2) (d) (vi) of this section or the waterworks is a nontransient noncommunity waterworks serving less than 10,000, the owner shall monitor at the location(s) and dates identified in the monitoring plan in subdivision B 3 j of this section, updated as required by subdivision B 3 e (3) (e) of this section.

(ii) Owners shall monitor at no fewer than the number of locations identified in the following table:

Source Water Type

Population Size Category

Monitoring Frequency1

Distribution System Monitoring Location Total per Monitoring Period2

Surface water or groundwater under the direct influence of surface water

Less than 500

per year

2

500-3,300

per quarter

2

3,301-9,999

per quarter

2

10,000-49,999

per quarter

4

50,000-249,999

per quarter

8

250,000-999,999

per quarter

12

1,000,000-4,999,999

per quarter

16

Equal to or greater than 5,000,000

per quarter

20

Groundwater

Less than 500

per year

2

500-9,999

per year

2

10,000-99,999

per quarter

4

100,000-499,999

per quarter

6

Equal to or greater than 500,000

per quarter

8

1All owners shall monitor during month of highest DBP concentrations.

2Owners of waterworks on quarterly monitoring (except for surface water source or GUDI source waterworks serving 500-3,300) shall take dual sample sets every 90 days at each monitoring location. Groundwater source waterworks serving 500-9,999 (on annual monitoring) shall take dual sample sets annually at each monitoring location. Waterworks serving fewer than 500 and surface water source or GUDI source waterworks serving 500-3,300 shall take individual TTHM and HAA5 samples (instead of a dual sample set) at the locations with the highest TTHM and HAA5 concentrations, respectively. Waterworks serving fewer than 500 shall sample annually and surface water source or GUDI source systems serving 500-3,300 shall sample every 90 days. Only one location with a dual sample set per monitoring period is needed if highest TTHM and HAA5 concentrations occur at the same location (and month, if monitoring annually).

(iii) Owners of waterworks not using disinfection that begin using a disinfectant other than UV light after the dates in subdivision B 3 e (2) of this section for complying with the IDSE requirements shall consult with the commissioner to identify compliance monitoring locations. Owners shall then develop a monitoring plan under subdivision B 3 e (3) (e) of this section that includes those monitoring locations.

(iv) Owners shall use an approved method listed in 12VAC5-590-440 for TTHM and HAA5 analyses. Analyses shall be conducted by laboratories that have received certification by EPA or DCLS as specified in 12VAC5-590-440.

(e) Monitoring plan.

(i) Owners shall develop and implement a monitoring plan to be kept on file for review by the commissioner and the public. The monitoring plan shall be completed no later than the date the owner conducts the initial monitoring and contain:

((a)) Monitoring locations;

((b)) Monitoring dates; and

((c)) Compliance calculation procedures.

(ii) If the owner was not required to submit an IDSE report under either subdivision B 3 e (2) (d) (iii) or subdivision B 3 e (2) (d) (iv) of this section, and the waterworks did not have sufficient monitoring locations under subdivision B 3 e (1) of this section to identify the required number of LRAA compliance monitoring locations indicated in subdivision B 3 e (2) (e) (ii) of this section, the owner shall identify additional locations by alternating selection of locations representing high TTHM levels and high HAA5 levels until the required number of compliance monitoring locations have been identified. The owner shall also provide the rationale for identifying the locations as having high levels of TTHM or HAA5. If the waterworks has more monitoring locations under subdivision B 3 e (1) of this section than required for LRAA compliance monitoring in subdivision B 3 e (2) (e) (ii) of this section, the owner shall identify which locations the waterworks will use for LRAA compliance monitoring by alternating selection of locations representing high TTHM levels and high HAA5 levels until the required number of LRAA compliance monitoring locations have been identified.

(iii) Owners of waterworks using surface water or groundwater under the direct influence of surface water serving more than 3,300 people shall submit a copy of the monitoring plan to the commissioner prior to the date the waterworks conducts the initial monitoring, unless the IDSE report submitted under subdivision B 3 e (2) of this section contains all the information required by this section.

(iv) Owners may revise the monitoring plan to reflect changes in treatment, distribution system operations and layout (including new service areas), or other factors that may affect TTHM or HAA5 formation, or for reasons approved by the commissioner, after consultation with the commissioner regarding the need for changes and the appropriateness of the changes. If the owner changes monitoring locations, the owner shall replace existing compliance monitoring locations with the lowest LRAA with new locations that reflect the current distribution system locations with expected high TTHM or HAA5 levels. The commissioner may also require modifications in the monitoring plan. Owners of waterworks using surface water or groundwater under the direct influence of surface water serving more than 3,300 people shall submit a copy of the modified monitoring plan to the commissioner prior to the date the owner is required to comply with the revised monitoring plan.

(f) Reduced monitoring

(i) Owners may reduce monitoring to the level specified in the following table any time the LRAA is less than or equal to 0.040 mg/L for TTHM and less than or equal to 0.030 mg/L for HAA5 at all monitoring locations. Owners may only use data collected under the provisions of this subdivision or subdivision B 3 e (1) of this section to qualify for reduced monitoring. In addition, the source water annual average TOC level, before any treatment, shall be less than or equal to 4.0 mg/L at each treatment plant treating surface water or ground water under the direct influence of surface water, based on monitoring conducted under either subdivision B 3 e (1) (b) (vi) or B 3 i of this section.

Source Water Type

Population Size Category

Monitoring Frequency1

Distribution System Monitoring Location per Monitoring Period

Surface water or ground-water under the direct influence of surface water

Less than 500

 

monitoring may not be reduced

500-3,300

per year

1 TTHM and 1 HAA5 sample: one at the location and during the quarter with the highest TTHM single measurement, one at the location and during the quarter with the highest HAA5 single measurement; 1 dual sample set per year if the highest TTHM and HAA5 measurements occurred at the same location and quarter.

3,301-9,999

per year

2 dual sample sets: one at the location and during the quarter with the highest TTHM single measurement, one at the location and during the quarter with the highest HAA5 single measurement

10,000-49,999

per quarter

2 dual sample sets at the locations with the highest TTHM and highest HAA5 LRAAs

50,000-249,999

per quarter

4 dual sample sets - at the locations with the two highest TTHM and two highest HAA5 LRAAs

250,000-999,999

per quarter

6 dual sample sets - at the locations with the three highest TTHM and three highest HAA5 LRAAs

1,000,000-4,999,999

per quarter

8 dual sample sets - at the locations with the four highest TTHM and four highest HAA5 LRAAs

Equal to or greater than 5,000,000

per quarter

10 dual sample sets - at the locations with the five highest TTHM and five highest HAA5 LRAAs

Groundwater

Less than 500

every third year

1 TTHM and 1 HAA5 sample: one at the location and during the quarter with the highest TTHM single measurement, one at the location and during the quarter with the highest HAA5 single measurement; 1 dual sample set per year if the highest TTHM and HAA5 measurements occurred at the same location and quarter.

500-9,999

per year

1 TTHM and 1 HAA5 sample: one at the location and during the quarter with the highest TTHM single measurement, one at the location and during the quarter with the highest HAA5 single measurement; 1 dual sample set per year if the highest TTHM and HAA5 measurements occurred at the same location and quarter.

10,000-99,999

per year

2 dual sample sets: one at the location and during the quarter with the highest TTHM single measurement, one at the location and during the quarter with the highest HAA5 single measurement

100,000-499,999

per quarter

2 dual sample sets; at the locations with the highest TTHM and highest HAA5 LRAAs

Equal to or greater than 500,000

per quarter

4 dual sample sets at the locations with the two highest TTHM and two highest HAA5 LRAAs

1Owners of waterworks on quarterly monitoring shall take dual sample sets every 90 days.

(ii) owners may remain on reduced monitoring as long as the TTHM LRAA is less than or equal to 0.040 mg/L and the HAA5 LRAA is less than or equal to 0.030 mg/L at each monitoring location (for waterworks with quarterly reduced monitoring) or each TTHM sample is less than or equal to 0.060 mg/L and each HAA5 sample is less than or equal to 0.045 mg/L (for waterworks with annual or less frequent monitoring). In addition, the source water annual average TOC level, before any treatment, shall be less than or equal to 4.0 mg/L at each treatment plant treating surface water or ground water under the direct influence of surface water, based on monitoring conducted under either subdivision B 3 e (1) (b) (vi) or B 3 i of this section.

(iii) If the LRAA based on quarterly monitoring at any monitoring location exceeds either 0.040 mg/L for TTHM or 0.030 mg/L for HAA5 or if the annual (or less frequent) sample at any location exceeds either 0.060 mg/L for TTHM or 0.045 mg/L for HAA5, or if the source water annual average TOC level, before any treatment, is greater than 4.0 mg/L at any treatment plant treating surface water or ground water under the direct influence of surface water, the owner shall resume routine monitoring under subdivision B 3 e (3) (d) of this section or begin increased monitoring if subdivision B 3 e (3) (g) of this section applies.

(iv) The commissioner may return the waterworks to routine monitoring at the commissioner's discretion.

(v) A waterworks may remain on reduced monitoring after the dates identified in subdivision B 3 e (3) (c) of this section for compliance with this section only if the waterworks qualifies for a 40/30 certification under subdivision B 3 e (2) (d) (v) of this section or has received a very small system waiver under subdivision B 3 e (2) (d) (vi) of this section, plus the waterworks meets the reduced monitoring criteria in subdivision B 3 e (3) (f) of this section, and the owner did not change or add monitoring locations from those used for compliance monitoring under subdivision B 3 e (1) of this section. If the monitoring locations under this subdivision differ from the monitoring locations under subdivision B 3 e (1) of this section, the owner may not remain on reduced monitoring after the dates identified in subdivision B 3 e (3) (c) of this section for compliance with this subdivision.

(vi) Owners shall use an approved method listed in 12VAC5-590-440 for TTHM and HAA5 analyses. Analyses shall be conducted by laboratories that have received certification by EPA or DCLS as specified in 12VAC5-590-440.

(g) Increased Monitoring

(i) Owners of waterworks required to monitor at a particular location annually or less frequently than annually under subdivision B 3 e (3) (d) or subdivision B 3 e (3) (f) of this section, shall increase monitoring to dual sample sets once per quarter (taken every 90 days) at all locations if a TTHM sample is greater than 0.080 mg/L or a HAA5 sample is greater than 0.060 mg/L at any location.

(ii) A waterworks is in violation of the MCL when the LRAA exceeds the MCLs in Table 2.13, calculated based on four consecutive quarters of monitoring (or the LRAA calculated based on fewer than four quarters of data if the MCL would be exceeded regardless of the monitoring results of subsequent quarters). Waterworks are in violation of the monitoring requirements for each quarter that a monitoring result would be used in calculating an LRAA if the owner fails to monitor.

(iii) Owners may return to routine monitoring once the waterworks has conducted increased monitoring for at least four consecutive quarters and the LRAA for every monitoring location is less than or equal to 0.060 mg/L for TTHM and less than or equal to 0.045 mg/L for HAA5.

(iv) Owners of waterworks on increased monitoring under subdivision e (1) in this section shall remain on increased monitoring until the waterworks qualify for a return to routine monitoring under subdivision B 3 e (3) (g) (iii) of this section. The owner shall conduct increased monitoring under subdivision B 3 e (3) (g) of this section at the monitoring locations in the monitoring plan developed under subdivision B 3 e (3) (e) of this section beginning at the date identified in subdivision B 3 e (3) (c) of this section for compliance with this subdivision and remain on increased monitoring until the waterworks qualifies for a return to routine monitoring under subdivision B 3 e (3) (g) (iii) of this section.

(v) Owners shall use an approved method listed in 12VAC5-590-440 for TTHM and HAA5 analyses. Analyses shall be conducted by laboratories that have received certification by EPA or DCLS as specified in 12VAC5-590-440.

f. Chlorite. Owners of community and nontransient noncommunity waterworks using chlorine dioxide, for disinfection or oxidation, shall conduct monitoring for chlorite.

(1) Routine monitoring.

(a) Daily monitoring. Owners shall take daily samples at the entrance to the distribution system. For any daily sample that exceeds the chlorite PMCL in Table 2.13, the owner shall take additional samples in the distribution system the following day at the locations required by subdivision B 3 f (1) (c) of this section, in addition to the sample required at the entrance to the distribution system.

(b) Monthly monitoring. Owners shall take a three-sample set each month in the distribution system. The owner shall take one sample at each of the following locations: near the first customer, at a location representative of average residence time, and at a location reflecting maximum residence time in the distribution system. Any additional routine sampling shall be conducted in the same manner (as three-sample sets, at the specified locations). The owner may use the results of additional monitoring conducted under subdivision B 3 f (1) (c) of this section to meet the requirement for monitoring in this paragraph.

(c) Additional monitoring requirements. On each day following a routine sample monitoring result that exceeds the chlorite PMCL in Table 2.13 at the entrance to the distribution system, the owner is required to take three chlorite distribution system samples at the following locations: as close to the first customer as possible, in a location representative of average residence time, and as close to the end of the distribution system as possible (reflecting maximum residence time in the distribution system).

(2) Reduced monitoring.

(a) Chlorite monitoring at the entrance to the distribution system required by subdivision B 3 f (1) (a) of this section may not be reduced.

(b) Chlorite monitoring in the distribution system required by subdivision B 3 f (1) (b) of this section may be reduced to one three-sample set per quarter after one year of monitoring where no individual chlorite sample taken in the distribution system under subdivision B 3 f (1) (b) of this section has exceeded the chlorite PMCL in Table 2.13 and the owner has not been required to conduct monitoring under subdivision B 3 f (1) (c) of this section. The owner may remain on the reduced monitoring schedule until either any of the three individual chlorite samples taken quarterly in the distribution system under subdivision B 3 f (1) (b) of this section exceeds the chlorite PMCL or the owner is required to conduct monitoring under subdivision B 3 f (1) (c) of this section, at which time the owner shall revert to routine monitoring.

g. Bromate.

(1) The owner of a community or nontransient noncommunity waterworks treatment plant using ozone, for disinfection or oxidation, shall take one sample per month and analyze it for bromate. The owner shall take samples monthly at the entrance to the distribution system while the ozonation system is operating under normal conditions.

(2) Reduced monitoring.

(a) Until March 31, 2009, owners of waterworks required to analyze for bromate may reduce monitoring from monthly to quarterly, if the waterworks average source water bromide concentration is less than 0.05 mg/L based on representative monthly bromide measurements for one year. The owner may remain on reduced bromate monitoring until the running annual average source water bromide concentration, computed quarterly, is equal to or greater than 0.05 mg/L based on representative monthly measurements. If the running annual average source water bromide concentration is equal to or greater than 0.05 mg/L, the owner shall resume routine monitoring required by subdivision B 3 g (1) of this section in the following month.

(b) Beginning April 1, 2009, owners may no longer use the provisions of subdivision B 3 g (2) (a) of this section to qualify for reduced monitoring. An owner required to analyze for bromate may reduce monitoring from monthly to quarterly, if the waterworks running annual average bromate concentration is equal to or less than 0.0025 mg/L based on monthly bromate measurements under subdivision B 3 g (1) of this section for the most recent four quarters, with samples analyzed in accordance with 12VAC5-590-440. If a waterworks has qualified for reduced bromate monitoring under subdivision B 3 g (2) (a) of this section, the owner may remain on reduced monitoring as long as the running annual average of quarterly bromate samples is equal to or less than 0.0025 mg/L based on samples analyzed in accordance with 12VAC5-590-440. If the running annual average bromate concentration is greater than 0.0025 mg/L, the owner shall resume routine monitoring required by subdivision B 3 g (1) of this section.

(3) Bromide. Owners of waterworks required to analyze for bromate may reduce bromate monitoring from monthly to once per quarter, if the owner demonstrates that the average source water bromide concentration is less than 0.05 mg/L based upon representative monthly measurements for one year. The owner shall continue bromide monitoring to remain on reduced bromate monitoring.

h. Monitoring requirements for disinfectant residuals.

(1) Chlorine and chloramines.

(a) Owners of waterworks that use chlorine or chloramines shall measure the residual disinfectant level in the distribution system at the same point in the distribution system and at the same time as total coliforms are sampled, as specified in subsection A. Owners of waterworks that use surface water or groundwater under the direct influence of surface water may use the results of residual disinfectant concentration sampling found in subdivision B 7 c (1) of this section in lieu of taking separate samples.

(b) Residual disinfectant level monitoring may not be reduced.

(2) Chlorine dioxide.

(a) Owners of waterworks that use chlorine dioxide for disinfection or oxidation shall take daily samples at the entrance to the distribution system. For any daily sample that exceeds the MRDL in Table 2.12, the owner shall take samples in the distribution system the following day at the locations required by subdivision B 3 h (2) (b) of this section, in addition to the sample required at the entrance to the distribution system.

(b) On each day following a routine sample monitoring result that exceeds the MRDL in Table 2.12, the owner is required to take three chlorine dioxide distribution system samples. If chlorine dioxide or chloramines are used to maintain a disinfectant residual in the distribution system, or if chlorine is used to maintain a disinfectant residual in the distribution system and there are no disinfection addition points after the entrance to the distribution system (i.e., no booster chlorination), the owner shall take three samples as close to the first customer as possible, at intervals of at least six hours. If chlorine is used to maintain a disinfectant residual in the distribution system and there are one or more disinfection addition points after the entrance to the distribution system (i.e., booster chlorination), the owner shall take one sample at each of the following locations: as close to the first customer as possible, in a location representative of average residence time, and as close to the end of the distribution system as possible (reflecting maximum residence time in the distribution system).

(c) Chlorine dioxide monitoring may not be reduced.

i. Monitoring requirements for disinfection byproduct precursors (DBPP).

(1) Owners of community or nontransient noncommunity waterworks using surface water or groundwater under the direct influence of surface water and using conventional filtration treatment (as defined in 12VAC5-590-10) shall monitor each treatment plant for TOC no later than the point of combined filter effluent turbidity monitoring and representative of the treated water. All owners required to monitor under subdivision (B 3 i (1)) shall also monitor for TOC in the source water prior to any treatment at the same time as monitoring for TOC in the treated water. These samples (source water and treated water) are referred to as paired samples. At the same time as the source water sample is taken, all owners shall monitor for alkalinity in the source water prior to any treatment. Owners shall take one paired sample and one source water alkalinity sample per month per plant at a time representative of normal operating conditions and influent water quality.

(2) Owners of community or nontransient noncommunity waterworks that use surface water or groundwater under the direct influence of surface water with an average treated water TOC of less than 2.0 mg/L for two consecutive years, or less than 1.0 mg/L for one year, may reduce monitoring for both TOC and alkalinity to one paired sample and one source water alkalinity sample per plant per quarter. The owners shall revert to routine monitoring in the month following the quarter when the annual average treated water TOC equal to or greater than 2.0 mg/L.

j. The owner of each waterworks required to monitor under subdivision B 3 of this section shall develop and implement a monitoring plan. The owner shall maintain the plan and make it available for inspection by the commissioner and the general public no later than 30 days following the applicable compliance dates in subdivision B 3 a of this section. The owners of all community or nontransient noncommunity waterworks that use surface water or groundwater under the direct influence of surface water serving more than 3,300 people shall submit a copy of the monitoring plan to the commissioner no later than the date of the first report required under 12VAC5-590-530 A. The commissioner may also require the plan to be submitted by any other owner. After review, the commissioner may require changes in any plan elements. The plan shall include at least the following elements:

(1) Specific locations and schedules for collecting samples for any parameters included in subdivision B 3 of this section.

(2) How the owner will calculate compliance with PMCLs, MRDLs, and treatment techniques.

(3) The sampling plan for a consecutive waterworks shall reflect the entire consecutive distribution system.

4. Unregulated contaminants (UCs). Owners of all community and nontransient noncommunity waterworks shall sample for the contaminants listed in Table 2.6 and Table 2.7 as follows:

a. Table 2.6—Group A

(1) Owners of waterworks that use a surface water source in whole or in part shall sample at the entry points to the distribution system which is representative of each source, after treatment (hereafter called a sampling point). The minimum number of samples is one year of consecutive quarterly samples per sampling point beginning in accordance with Table 2.8.

(2) Owners of waterworks that use groundwater shall sample at points of entry to the distribution system which is representative of each source (hereafter called a sampling point). The minimum number of samples is one sample per sampling point beginning in accordance with Table 2.8.

(3) The commissioner may require a confirmation sample for positive or negative results.

(4) Owners of waterworks serving less than 150 connections may inform the commissioner, in writing, that their waterworks is available for sampling instead of performing the required sampling.

(5) All waterworks required to sample under this section shall repeat the sampling at least every five years.

b. Table 2.6—Group B and Table 2.7

(1) The owner of each community and nontransient noncommunity waterworks shall take four consecutive quarterly samples at the entry points to the distribution system which is representative of each source (hereafter called a sampling point) for each contaminant listed in Table 2.6 Group B and report the results to the commissioner. Monitoring shall be completed by December 31, 1995.

(2) The owner of each community and nontransient noncommunity waterworks shall take one sample at each sampling point for each contaminant listed in Table 2.7 and report the results to the commissioner. Monitoring shall be completed by December 31, 1995.

(3) The owner of each community and nontransient noncommunity waterworks may apply to the commissioner for a waiver from the monitoring requirements of subdivisions B 4 b (1) and (2) of this section for the contaminants listed in Table 2.6 Group B and Table 2.7.

(4) The commissioner may grant a waiver for the requirement of subdivision B 4 b (1) of this section based on the criteria specified in subdivision B 2 f of this section. The commissioner may grant a waiver from the requirement of subdivision B 4 b (2) of this section if previous analytical results indicate contamination would not occur, provided this data was collected after January 1, 1990.

(5) If the waterworks utilizes more than one source and the sources are combined before distribution, the owner shall sample at an entry point to the distribution system during periods of normal operating conditions (i.e., when water is representative of all sources being used).

(6) The commissioner may require a confirmation sample for positive or negative results.

(7) Instead of performing the monitoring required by this section, the owner of a community waterworks or nontransient noncommunity waterworks serving fewer than 150 service connections may send a letter to the commissioner stating that the waterworks is available for sampling. This letter shall be sent to the commissioner by January 1, 1994. The owner shall not send such samples to the commissioner unless requested to do so by the commissioner.

(8) All waterworks required to sample under this subdivision shall repeat the sampling at least every five years.

5. Reserved.

6. Reserved.

7. Monitoring filtration and disinfection.

a. The owner of a waterworks that uses a surface water source or a groundwater source under the direct influence of surface water and provides filtration treatment shall monitor in accordance with this section beginning June 29, 1993, or when filtration is installed, whichever is later.

b. Turbidity measurements as required by 12VAC5-590-370 C shall be performed on representative samples of the filtered water every four hours (or more frequently) that the waterworks serves water to the public. An owner may substitute continuous turbidity monitoring for grab sample monitoring if it validates the continuous measurement for accuracy on a regular basis using a protocol approved by the commissioner. For any waterworks using slow sand filtration or filtration treatment other than conventional treatment, direct filtration, or diatomaceous earth filtration, the office may reduce the sampling frequency to once per day if it determines that less frequent monitoring is sufficient to indicate effective filtration performance. For waterworks serving 500 or fewer persons, the commissioner may reduce the turbidity sampling frequency to once per day, regardless of the type of filtration treatment used, if the commissioner determines that less frequent monitoring is sufficient to indicate effective filtration performance.

(1) In addition to the above, as of January 1, 2001, waterworks serving at least 10,000 people and as of January 1, 2005, waterworks serving less than 10,000 people supplied by surface water or groundwater under the direct influence of surface water using conventional filtration treatment or direct filtration shall conduct continuous monitoring of turbidity for each individual filter, using an approved method in 12VAC5-590-440. The turbidimeter shall be calibrated using the procedure specified by the manufacturer. The owner shall record the results of individual filter turbidity monitoring every 15 minutes.

(2) If there is a failure in the continuous turbidity monitoring equipment, the owner shall conduct grab sampling every four hours in lieu of continuous monitoring but for no more than five working days (for waterworks serving at least 10,000 people) or 14 days (for waterworks serving less than 10,000 people) following the failure of the equipment.

(3) If a waterworks serving less than 10,000 people consists of two or fewer filters, continuous monitoring of the combined filter effluent may be used in lieu of individual filter monitoring.

c. The residual disinfectant concentration of the water entering the distribution system shall be monitored continuously, and the lowest value shall be recorded each day, except that if there is a failure in the continuous monitoring equipment, grab sampling every four hours may be conducted in lieu of continuous monitoring, but for no more than five working days following the failure of the equipment, and owners of waterworks serving 3,300 or fewer persons may take grab samples in lieu of continuous monitoring on an ongoing basis at the frequencies each day prescribed below:

Table 2.5
Grab Sample Monitoring Frequency

Waterworks Size By Population

Samples/Day1

500 or less

1

501 to 1,000

2

1,000 to 2,500

3

2,501 to 3,300

4

1The day's samples cannot be taken at the same time. The sampling intervals are subject to commissioner's review and approval. If at any time the residual disinfectant concentration falls below 0.2 mg/L in a waterworks using grab sampling in lieu of continuous monitoring, the waterworks owner shall take a grab sample every four hours until the residual disinfectant concentration is equal to or greater than 0.2 mg/L.

(1) The residual disinfectant concentration shall be measured at least at the same points in the distribution system and at the same time as total coliforms are sampled, as specified in subsection A of this section, except that the district engineer may allow an owner which uses both a surface water source or a groundwater source under direct influence of surface water, and a groundwater source to take disinfectant residual samples at points other than the total coliform sampling points if the division determines that such points are more representative of treated (disinfected) water quality within the distribution system. Heterotrophic bacteria, measured as heterotrophic plate count (HPC) as specified in 12VAC5-590-420 B may be measured in lieu of residual disinfectant concentration.

(2) If the commissioner determines, based on site-specific considerations, that a waterworks has no means for having a sample transported and analyzed for HPC by a certified laboratory under the requisite time and temperature conditions and that the waterworks is providing adequate disinfection in the distribution system, the requirements of subdivision B 7 b (1) of this section do not apply to that waterworks.

d. The following information on the samples taken in the distribution system in conjunction with total coliform monitoring pursuant to 12VAC5-590-420 B shall be reported monthly to the district engineer by the owner:

(1) Number of instances where the residual disinfectant concentration is measured;

(2) Number of instances where the residual disinfectant concentration is not measured but HPC is measured;

(3) Number of instances where the residual disinfectant concentration is measured but not detected and no HPC is measured;

(4) Number of instances where no residual disinfectant concentration is detected and where the HPC is greater than 500/mL;

(5) Number of instances where the residual disinfectant concentration is not measured and HPC is greater than 500/mL.

(6) For the current and previous month the waterworks serves water to the public, the value of "V" in percent in the following formula:

V = (c + d + e) / (a + b) X 100

where

a = the value in subdivision B 7 d (1) of this section,

b = the value in subdivision B 7 d (2) of this section,

c = the value in subdivision B 7 d (3) of this section,

d = the value in subdivision B 7 d (4) of this section,

e = the value in subdivision B 7 d (5) of this section,

(7) If the commissioner determines, based on site-specific considerations, that an owner has no means for having a sample transported and analyzed for HPC by a certified laboratory within the requisite time and temperature conditions and that the waterworks is providing adequate disinfection in the distribution system, the requirements of subdivision B 7 c (1) of this section do not apply.

e. An owner need not report the data listed in 12VAC5-590-530 E 2 a if all data listed in 12VAC5-590-530 E 2 a through E 2 c remain on file at the waterworks and the district engineer determines that the owner has submitted all the information required by 12VAC5-590-530 E 2 a through c for at least 12 months.

8. Operational. Owners may be required by the commissioner to collect additional samples to provide quality control for any treatment processes that are employed.

C. Physical. All samples for turbidity analysis shall be taken at a representative entry point or points to the water distribution system unless otherwise specified. Turbidity samples shall be analyzed in accordance with 12VAC5-590-480 B 1 a, at least once per day at all waterworks that use surface water sources or groundwater sources under the direct influence of surface water.

D. Radiological. The location of sampling points, the radionuclides measured in community waterworks, the frequency, and the timing of sampling within each compliance period shall be established or approved by the commissioner. The commissioner may increase required monitoring where necessary to detect variations within the waterworks. Failure to comply with the sampling schedules in this section will require public notification pursuant to 12VAC5-590-540.

Community waterworks owners shall conduct monitoring to determine compliance with the PMCLs in Table 2.5 and 12VAC5-590-400 in accordance with this section.

1. Monitoring and compliance requirements for gross alpha particle activity, radium-226, radium-228, and uranium.

a. Community waterworks owners shall conduct initial monitoring to determine compliance with 12VAC5-590-400 B 2, B 3, and B 4 by December 31, 2007. For the purposes of monitoring for gross alpha particle activity, radium-226, radium-228, uranium, and beta particle and photon radioactivity in drinking water, "detection limit" is defined as in Appendix B of this chapter.

(1) Applicability and sampling location for existing community waterworks or sources. The owners of all existing community waterworks using ground water, surface water or waterworks using both ground and surface water shall sample at every entry point to the distribution system that is representative of all sources being used under normal operating conditions. The community waterworks owner shall take each sample at the same entry point unless conditions make another sampling point more representative of each source.

(2) Applicability and sampling location for new community waterworks or sources. All new community waterworks or community waterworks that use a new source of water shall begin to conduct initial monitoring for the new source within the first quarter after initiating use of the source. Community waterworks owners shall conduct more frequent monitoring when directed by the commissioner in the event of possible contamination or when changes in the distribution system or treatment processes occur which may increase the concentration of radioactivity in finished water.

b. Initial monitoring: Community waterworks owners shall conduct initial monitoring for gross alpha particle activity, radium-226, radium-228, and uranium as follows:

(1) Community waterworks without acceptable historical data, as defined below, shall collect four consecutive quarterly samples at all entry points before December 31, 2007.

(2) Grandfathering of data: The commissioner may allow historical monitoring data collected at an entry point to satisfy the initial monitoring requirements for that entry point, for the following situations:

(a) To satisfy initial monitoring requirements, a community waterworks owner having only one entry point to the distribution system may use the monitoring data from the last compliance monitoring period that began between June 2000 and December 8, 2003.

(b) To satisfy initial monitoring requirements, a community waterworks owner with multiple entry points and having appropriate historical monitoring data for each entry point to the distribution system may use the monitoring data from the last compliance monitoring period that began between June 2000 and December 8, 2003.

(3) For gross alpha particle activity, uranium, radium-226, and radium-228 monitoring, the commissioner may waive the final two quarters of initial monitoring for an entry point if the results of the samples from the previous two quarters are below the method detection limit specified in Appendix B.

(4) If the average of the initial monitoring results for an entry point is above the PMCL, the community waterworks owner shall collect and analyze quarterly samples at that entry point until the owner has results from four consecutive quarters that are at or below the PMCL, unless the community waterworks owner enters into another schedule as part of a formal compliance agreement with the commissioner.

c. Reduced monitoring: The commissioner may allow community waterworks owners to reduce the future frequency of monitoring from once every three years to once every six or nine years at each entry point, based on the following criteria:

(1) If the average of the initial monitoring results for each contaminant (i.e., gross alpha particle activity, uranium, radium-226, or radium-228) is below the method detection limit specified in Appendix B, the community waterworks owner shall collect and analyze for that contaminant using at least one sample at that entry point every nine years.

(2) For gross alpha particle activity and uranium, if the average of the initial monitoring results for each contaminant is at or above the method detection limit specified in Appendix B but at or below 1/2 of the PMCL, the community waterworks owner shall collect and analyze for that contaminant using at least one sample at that entry point every six years. For combined radium-226 and radium-228, the analytical results shall be combined. If the average of the combined initial monitoring results for radium-226 and radium-228 is at or above the method detection limit specified in Appendix B but at or below 1/2 the PMCL, the community waterworks owner shall collect and analyze for that contaminant using at least one sample at that entry point every six years.

(3) For gross alpha particle activity and uranium, if the average of the initial monitoring results for each contaminant is above 1/2 the PMCL but at or below the PMCL, the community waterworks owner shall collect and analyze at least one sample at that entry point every three years. For combined radium-226 and radium-228, the analytical results shall be combined. If the average of the combined initial monitoring results for radium-226 and radium-228 is above 1/2 the PMCL but at or below the MPCL, the community waterworks owner shall collect and analyze at least one sample at that entry point every three years.

(4) Community waterworks owners shall use the samples collected during the reduced monitoring period to determine the monitoring frequency for subsequent monitoring periods (e.g., if a community waterworks' entry point is on a nine-year monitoring period, and the sample result is above 1/2 the PMCL, then the next monitoring period for that entry point is three years).

(5) If a community waterworks owner has a monitoring result that exceeds the PMCL while on reduced monitoring, the community waterworks owner shall collect and analyze quarterly samples at that entry point until the community waterworks owner has results from four consecutive quarters that are below the PMCL, unless the community waterworks enters into another schedule as part of a formal compliance agreement with the commissioner.

d. Compositing: To fulfill quarterly monitoring requirements for gross alpha particle activity, radium-226, radium-228, or uranium, a community waterworks owner may composite up to four consecutive quarterly samples from a single entry point if analysis is done within a year of the first sample. The commissioner will treat analytical results from the composited sample as the average analytical result to determine compliance with the PMCLs and the future monitoring frequency. If the analytical result from the composited sample is greater than 1/2 the PMCL, the commissioner may direct the community waterworks owner to take additional quarterly samples before allowing the community waterworks owner to sample under a reduced monitoring schedule.

e. A gross alpha particle activity measurement may be substituted for the required radium-226 measurement provided that the measured gross alpha particle activity does not exceed 5 pCi/L. A gross alpha particle activity measurement may be substituted for the required uranium measurement provided that the measured gross alpha particle activity does not exceed 15 pCi/L.

The gross alpha measurement shall have a confidence interval of 95% (1.65, where is the standard deviation of the net counting rate of the sample) for radium-226 and uranium. When a community waterworks owner uses a gross alpha particle activity measurement in lieu of a radium-226 and/or uranium measurement, the gross alpha particle activity analytical result will be used to determine the future monitoring frequency for radium-226 and/or uranium. If the gross alpha particle activity result is less than the detection limit as specified in Appendix B, 1/2 the detection limit will be used to determine compliance and the future monitoring frequency.

2. Monitoring and compliance requirements for beta particle and photon radioactivity. To determine compliance with the maximum contaminant levels in 12VAC5-590-400 B 5 for beta particle and photon radioactivity, a community waterworks owner shall monitor at a frequency as follows:

a. Community waterworks owners (using surface or groundwater) designated by the commissioner as vulnerable shall sample for beta particle and photon radioactivity. Community waterworks owners shall collect quarterly samples for beta emitters and annual samples for tritium and strontium-90 at each entry point to the distribution system, beginning within one quarter after being notified by the commissioner. Community waterworks already designated by the commissioner shall continue to sample until the commissioner reviews and either reaffirms or removes the designation.

(1) If the gross beta particle activity minus the naturally occurring potassium-40 beta particle activity at an entry point has a running annual average (computed quarterly) less than or equal to 50 pCi/L (screening level), the commissioner may reduce the frequency of monitoring at that entry point to once every three years. Community waterworks owners shall collect all samples required in subdivision 2 a of this subsection during the reduced monitoring period.

(2) For community waterworks in the vicinity of a nuclear facility, the commissioner may allow the community waterworks owners to utilize environmental surveillance data collected by the nuclear facility in lieu of monitoring at the community waterworks' entry point(s), where the commissioner determines if such data is applicable to a particular community waterworks. In the event that there is a release from a nuclear facility, community waterworks owners which are using surveillance data shall begin monitoring at the community waterworks' entry point(s) in accordance with subdivision 2 a of this subsection.

b. Community waterworks owners (using surface or groundwater) designated by the commissioner as utilizing waters contaminated by effluents from nuclear facilities shall sample for beta particle and photon radioactivity. Community waterworks owners shall collect quarterly samples for beta emitters and iodine-131 and annual samples for tritium and strontium-90 at each entry point to the distribution system, beginning within one quarter after being notified by the commissioner. Owners of community waterworks already designated by the commissioner as using waters contaminated by effluents from nuclear facilities shall continue to sample until the commissioner reviews and either reaffirms or removes the designation.

(1) 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.

(2) For iodine-131, a composite of five consecutive daily samples shall be analyzed once each quarter. As directed by the commission, more frequent monitoring shall be conducted when iodine-131 is identified in the finished water.

(3) Annual monitoring for strontium-90 and tritium shall be conducted by means of the analysis of a composite of four consecutive quarterly samples or analysis of four quarterly samples. The latter procedure is recommended.

(4) If the gross beta particle activity minus the naturally occurring potassium-40 beta particle activity at a sampling point has a running annual average (computed quarterly) less than or equal to 15 pCi/L (screening level), the commissioner may reduce the frequency of monitoring at that sampling point to every three years. Community waterworks owners shall collect all samples required in subdivision 2 b of this subsection during the reduced monitoring period.

(5) For community waterworks in the vicinity of a nuclear facility, the commissioner may allow the community waterworks owner to utilize environmental surveillance data collected by the nuclear facility in lieu of the monitoring at the community waterworks' entry point(s), where the commissioner determines such data is applicable to a particular waterworks. In the event that there is a release from a nuclear facility, community waterworks owners which are using surveillance data shall begin monitoring at the community waterworks' entry point(s) in accordance with subdivision 2 b of this subsection.

c. Owners of community waterworks designated by the commissioner to monitor for beta particle and photon radioactivity cannot apply to the commissioner for a waiver from the monitoring frequencies specified in subdivision 2 a or 2 b of this subsection.

d. Community waterworks owners may analyze for naturally occurring potassium-40 beta particle activity from the same or equivalent sample used for the gross beta particle activity analysis. Community waterworks owners are allowed to subtract the potassium-40 beta particle activity value from the total gross beta particle activity value to determine if the screening level is exceeded. The potassium-40 beta particle activity shall be calculated by multiplying elemental potassium concentrations (in mg/L) by a factor of 0.82.

e. If the gross beta particle activity minus the naturally occurring potassium-40 beta particle activity exceeds the appropriate screening level, an analysis of the sample shall be performed to identify the major radioactive constituents present in the sample and the appropriate doses shall be calculated and summed to determine compliance with 12VAC5-590-400 B 5 a, using the formula in 12VAC590-400 B 5 b. Doses shall also be calculated and combined for measured levels of tritium and strontium to determine compliance.

f. Community waterworks owners shall monitor monthly at the entry point(s) which exceed the maximum contaminant level in 12VAC5-590-400 B 5 beginning the month after the exceedance occurs. Community waterworks owners shall continue monthly monitoring until the community waterworks has established, by a rolling average of three monthly samples, that the PMCL is being met. Community waterworks owners who establish that the PMCL is being met shall return to quarterly monitoring until they meet the requirements set forth in subdivision 2 a (1) or 2 b (4) of this subsection.

3. General monitoring and compliance requirements for radionuclides.

a. The commissioner may require more frequent monitoring than specified in subdivisions 1 and 2 of this subsection, or may require confirmation samples at his discretion. The results of the initial and confirmation samples shall be averaged for use in compliance determinations.

b. Each community waterworks owner shall monitor at the time designated by the commissioner during each compliance period.

c. Compliance: Compliance with 12VAC5-590-400 B 2 through B 5 will be determined based on the analytical results(s) obtained at each entry point. If one entry point is in violation of a PMCL, the community waterworks is in violation of the PMCL.

(1) For community waterworks monitoring more than once per year, compliance with the PMCL is determined by a running annual average at each entry point. If the average of any entry point is greater than the PMCL, then the community waterworks is out of compliance with the PMCL.

(2) For community waterworks monitoring more than once per year, if any sample result will cause the running average to exceed the PMCL at any entry point, the community waterworks is out of compliance with the PMCL immediately.

(3) Community waterworks owners shall include all samples taken and analyzed under the provisions of this section in determining compliance, even if that number is greater than the minimum required.

(4) If a community waterworks owner does not collect all required samples when compliance is based on a running annual average of quarterly samples, compliance will be based on the running average of the samples collected.

(5) If a sample result is less than the method detection limit as specified in Appendix B, zero will be used to calculate the annual average, unless a gross alpha particle activity is being used in lieu of radium-226 and/or uranium. If the gross alpha particle activity result is less than the method detection limit as specified in Appendix B, 1/2 the method detection limit will be used to calculate the annual average.

d. The commissioner has the discretion to delete results of obvious sampling or analytic errors.

e. If the PMCL for radioactivity set forth in 12VAC5-590-400 B 2 through B 5 is exceeded, the owner of a community waterworks shall give notice to the commissioner pursuant to 12VAC5-590-530 and to the public as required by 12VAC5-590-540.

12VAC5-590-372. Inorganic chemicals monitoring.

A. The owner of a community waterworks or a NTNC shall conduct monitoring to determine compliance with the PMCLs and SMCLs listed in Table 340.1 in accordance with this section. The owner of a TNC shall conduct monitoring to determine compliance with the nitrate, nitrite, and nitrate-nitrite PMCLs listed in Table 340.1 in accordance with this section.

B. If a waterworks draws water from more than one source and the sources are combined before distribution, then the owner shall sample at an entry point to the distribution system during periods of normal operating conditions (i.e., when water is representative of all sources being used).

C. When the results of sampling for antimony, arsenic, asbestos, barium, beryllium, cadmium, cyanide (as free cyanide), chromium, fluoride, mercury, nickel, selenium, or thallium exceed the applicable PMCL, the owner shall collect a confirmation sample, at the same sampling site, within two weeks of notification of the analytical results of the first sample.

D. Monitoring frequency.

1. Asbestos. The commissioner has granted a statewide waiver for asbestos. If the statewide waiver is removed or if site-specific waterworks conditions warrant monitoring for asbestos, then monitoring to determine compliance with the PMCL for asbestos specified in Table 340.1 shall be conducted as follows:

a. The owner of a community waterworks or a NTNC shall monitor for asbestos during the first three-year compliance period of each nine-year compliance cycle.

b. If the statewide waiver is removed, and the owner believes the waterworks is not vulnerable to asbestos contamination from either its source water or due to corrosion of its asbestos-cement pipe, then the owner may apply to the commissioner for a monitoring waiver for asbestos. If the commissioner grants the monitoring waiver, then the owner is not required to monitor.

c. The commissioner may grant a waiver based on a consideration of the following factors:

(1) Potential asbestos contamination of the source water; and

(2) The use of asbestos-cement pipe for finished water distribution and the corrosive nature of the water.

d. A waiver remains in effect until the completion of the compliance period (i.e., three years).

e. The owner of a waterworks vulnerable to asbestos contamination due solely to corrosion of its asbestos-cement pipe shall collect one sample at a tap served by the asbestos-cement pipe and under conditions where asbestos contamination is most likely to occur.

f. The owner of a waterworks vulnerable to asbestos contamination due to its source water shall monitor at the entry points.

g. The owner of a waterworks vulnerable to asbestos contamination due both to its source water and corrosion of its asbestos-cement pipe shall collect one sample at a tap served by the asbestos-cement pipe and under conditions where asbestos contamination is most likely to occur.

h. The owner of a waterworks that exceeds the PMCL as determined in 12VAC5-590-382 A shall monitor quarterly beginning in the next quarter after the exceedance occurred.

i. The department may decrease the quarterly monitoring requirement to the frequency specified in subdivision D 1 a of this section provided the department has determined that the waterworks is reliably and consistently below the PMCL. In no case shall the department make this determination unless the owner of a groundwater system collects a minimum of two quarterly samples or the owner of a waterworks that uses a surface water source, in whole or in part, collects a minimum of four quarterly samples.

2. Antimony, arsenic, barium, beryllium, cadmium, chromium, cyanide (as free cyanide), fluoride, mercury, nickel, selenium, and thallium. Monitoring to determine compliance with the PMCL for these contaminants specified in Table 340.1 shall be conducted as follows:

a. The owner shall collect one sample at each groundwater source entry point during each compliance period.

b. The owner shall collect one sample annually at each surface water source entry point, in whole or in part.

c. The owner may apply to the department for a waiver from the monitoring frequencies specified in subdivisions D 2 a and D 2 b of this section.

(1) A condition of the waiver shall require that the owner collect a minimum of one sample while the waiver is effective. The waiver remains in effect for one compliance cycle (i.e., nine years).

(2) The department may grant a waiver provided the owner has monitored surface water source entry points, in whole or in part,  annually for at least three years and has conducted a minimum of three rounds of monitoring at groundwater source entry points. At least one sample shall have been collected since January 1, 1990. The owner shall demonstrate that all previous analytical results were less than the PMCL. A waterworks that uses a new groundwater or surface water source is not eligible for a waiver until three rounds of monitoring from the new source have been completed.

(3) In determining the appropriate reduced monitoring frequency, the department shall consider:

(a) Reported concentrations from all previous monitoring;

(b) The degree of variation in reported concentrations; and

(c) Other factors that may affect contaminant concentrations such as changes in groundwater pumping rates, changes in the waterworks configuration, changes in the waterworks operating procedures, or changes in stream flows or characteristics.

(4) A decision by the department to grant a waiver shall be made in writing and shall set forth the basis for the determination. The request for a waiver may be initiated by the department or upon an application by the owner. The owner shall specify the basis for the request. The department shall evaluate and, where appropriate, revise the determination of the appropriate monitoring frequency when the owner submits new monitoring data or when other data relevant to the appropriate monitoring frequency become available.

(5) No arsenic waivers shall be granted by the department.

d. The owner of a waterworks that exceed the PMCLs as calculated in 12VAC5-590-382 shall monitor quarterly beginning in the next quarter after the exceedance occurred. The department may decrease the quarterly monitoring requirement to the frequencies specified in subdivision D 2 a, D 2 b, or D 2 c of this section provided a determination has been made that the analytical results are reliably and consistently below the PMCL. In no case may the department make this determination unless the owner collects a minimum of two quarterly samples from each groundwater source entry point and a minimum of four quarterly samples from each surface water source entry point, in whole or in part.

3. Nitrate and combined nitrate-nitrite as nitrogen. Monitoring to determine compliance with the PMCL for nitrate and combined nitrate-nitrite as nitrogen specified in Table 340.1 shall be conducted as follows:

a. The owner shall collect one sample annually at each groundwater source entry point.

b. The owner shall collect one sample quarterly at each surface water source entry point, in whole or in part.

c. For groundwater source entry points at community and NTNCs, the repeat monitoring frequency shall be quarterly for at least one year following any one sample in which the concentration is greater than 50% of the PMCL. After four consecutive quarters of monitoring, the department may allow the owner to reduce the sampling frequency to annually after determining the results are reliably and consistently less than the PMCL.

d. For surface water source entry points, in whole or in part, the department may allow the owner to reduce the sampling frequency to annually if all analytical results from four consecutive quarters are less than 50% of the PMCL. The waterworks shall return to quarterly monitoring if the concentration found in any one sample is greater than or equal to 50% of the PMCL.

e. After any round of quarterly sampling is completed as required by subdivisions D 3 c and D 3 d of this section, the owner who is monitoring annually shall collect subsequent samples during the quarter that previously resulted in the highest analytical result.

f. No monitoring waivers shall be issued for nitrate or combined nitrate-nitrite as nitrogen.

4. Nitrite. Monitoring to determine compliance with the PMCL for nitrite specified in Table 340.1 shall be conducted as follows:

a. The owner shall collect one sample at each entry point during the initial compliance period.

b. After the initial sample, the owner of a waterworks where an analytical result for nitrite is less than 50% of the PMCL shall monitor at the frequency specified by the department.

c. The repeat monitoring frequency for an owner shall be quarterly for at least one year following any one sample in which the concentration is greater than 50% of the PMCL. The department may allow an owner to reduce the sampling frequency to annually after determining the analysis results are reliably and consistently less than the PMCL.

d. The owner who is monitoring annually shall collect each subsequent sample during the quarter that previously resulted in the highest analytical result.

e. No monitoring waivers shall be issued for nitrite.

5. Aluminum, chloride, copper, corrosivity, fluoride, foaming agents (surfactants), iron, manganese, silver, sulfate, and zinc. Monitoring to determine compliance with the SMCL for these contaminants specified in Table 340.1 shall be conducted as follows:

a. The owner shall collect one sample at each groundwater source entry point during each compliance period.

b. The owner shall collect one sample annually at each surface water source entry point, in whole or in part.

 12VAC5-590-373. Organic chemicals monitoring.

A. The owner of a community waterworks or a NTNC shall conduct monitoring to determine compliance with PMCLs listed in Table 340.2 in accordance with this section. Where two or more sources are combined before distribution, the owner shall sample at the entry point for the combined sources during periods of normal operation conditions.

1. The owner of a waterworks that uses groundwater shall collect a minimum of one sample at each entry point.

2. The owner of a waterworks that uses surface water, in whole or in part, shall collect a minimum of one sample at each entry point.

B. During the initial compliance period and each subsequent compliance period, the owner shall monitor during four consecutive calendar quarters for each contaminant listed in Table 340.2.  A minimum of one sample at each entry point shall be collected during each calendar quarter.

C. Reduced monitoring.

1. VOCs.

a. The requirement for four quarterly samples during the initial monitoring period as specified in subsection B of this section may not be reduced.

b. The department may decrease the requirement for quarterly monitoring during subsequent compliance periods provided it has been determined that the analytical results are reliably and consistently below the PMCL.

(1) In no case shall the department make this determination unless the owner collects a minimum of two quarterly samples at each groundwater source entry point, or

(2) The owner collects a minimum of four quarterly samples at each surface water source entry point, in whole or in part.

c. If the department determines that the waterworks is reliably and consistently below the PMCL, then the department may allow the  owner to monitor annually.  The owner who monitors annually shall monitor during the quarter that previously yielded the highest analytical result.

d. For a groundwater system only. After a minimum of three years of annual sampling, the department may allow the owner with no previous detection of any VOCs listed in Table 340.2 to collect one sample during each compliance period.

e. The owner of a groundwater system that has three consecutive annual samples with no detection of a contaminant may apply to the department for a waiver.

2. SOCs.

a. The owner of a waterworks serving more than 3,300 persons that do not detect any SOCs listed in Table 340.2 in the initial compliance period may reduce the sampling frequency to a minimum of two quarterly samples in one year during each repeat compliance period.

b. The owner of a waterworks serving less than or equal to 3,300 persons that does not detect any SOCs listed in Table 340.2 in the initial compliance period may reduce the sampling frequency to a minimum of one sample during each repeat compliance period.

c. The department may decrease the requirement for quarterly monitoring during subsequent monitoring periods as specified in subsection B of this section provided the analytical results of the four quarterly samples required during the initial monitoring are reliably and consistently below the PMCL.

d. The department may reduce the increased monitoring required by subdivision D 1 of this section provided the department has determined that the analytical results are reliably and consistently below the PMCL. In no case shall the department make this latter determination unless:

(1) The owner collects a minimum of two quarterly samples at each groundwater source entry point.

(2) The owner collects a minimum of four quarterly samples at each surface water source entry point, in whole or in part.

e. If the department determines that the analytical results are reliably and consistently below the PMCL, the department may allow the owner to monitor annually. The owner who monitors annually shall monitor during the quarter that previously yielded the highest analytical result.

f. The owner of a waterworks that has three consecutive annual samples with no detection of a contaminant may apply to the department for a waiver for SOC monitoring by submitting a  waiver application as specified in subdivisions E 1 b and E 2 b of this section. The waiver remains in effect for one compliance period (i.e., three years).

3. Return to compliance.  The owner of a waterworks that exceeds the PMCLs listed in Table 340.2 for VOCs or SOCs, as determined by 12VAC5-590-383, shall monitor quarterly. After a minimum of four consecutive quarterly samples that show the waterworks is in compliance as specified in 12VAC5-590-383 and the department determines that the analytical results are reliably and consistently below the PMCL, the owner may monitor at the frequency and time specified in subdivisions C 1 c and C 2 e of this section.

D. Increased monitoring.

1. If the owner of a waterworks that is on reduced monitoring detects a contaminant listed in Table 340.2 (see 12VAC5-590-383 A regarding confirmation samples), then the owner shall monitor quarterly at each sampling point where the contaminant was detected unless:

a. That contaminant was previously detected and the department determined it was reliably and consistently below the PMCL according to subdivisions C 1 b and C 2 d of this section;

b. Historical sampling data do not indicate a meaningful increase in the contaminant concentration; and

c. The contaminant concentration does not exceed the PMCL.

2. Vinyl chloride.

a. The owner of a groundwater system that has detected one or more of the following two-carbon organic compounds: trichloroethylene, tetrachloroethylene, 1,2-dichloroethane, 1,1,1-trichloroethane, cis-1,2-dichloroethylene, trans-1,2-dichloroethylene, or 1,1-dichloroethylene shall monitor quarterly for vinyl chloride. A vinyl chloride sample shall be  collected at each sampling point at which one or more of the two-carbon organic compounds were detected. If the results of the first analysis do not detect vinyl chloride, then the department may reduce the quarterly monitoring frequency of vinyl chloride monitoring to one sample during each compliance period.

b. The owner who is required to monitor for vinyl chloride as specified by the department at each surface water source entry point, in whole or in part.

3. If monitoring detects one or more of certain related contaminants (heptachlor and heptachlor epoxide), then subsequent monitoring shall analyze for all related contaminants.

4. For entry points sampled and analyzed for contaminants listed in Table 340.2, the following detection limits apply:

a. A VOC is detected at a level equal to or greater than 0.0005 mg/L; and

b. A SOC is detected at a level equal to or greater than defined by EPA under 40 CFR 141.24 (h) (18) or by the department.

E. Monitoring waivers.

1. Groundwater source entry points.

a. The owner of a waterworks that does not detect a VOC contaminant listed in Table 340.2 may apply to the department for a waiver from the subsequent compliance period requirements of subsection B, and subdivisions C 1 c and C 1 d of this section after completing the initial monitoring. A waiver shall be effective for no more two compliance periods (i.e., six years).

b. The owner of a waterworks may apply to the department for a SOC monitoring waiver from the requirement of subsection B and subdivision C 2 of this section. The owner must reapply for a waiver for each subsequent compliance period (i.e., three years).

2. Surface water source entry points, in whole or in part.

a. No VOC monitoring waivers shall be issued.

b. The owner of a waterworks that does not detect a SOC contaminant listed in Table 340.2 may apply to the commissioner for a SOC monitoring waiver from the requirement of subsection B and subdivision C 2 of this section. The owner must reapply for a waiver for each subsequent compliance period (i.e., three years).

3. Monitoring waiver applications. The owner shall submit a  monitoring waiver application for evaluation on a form approved by the department. The commissioner may grant a waiver after an evaluation of the use, transport, storage, or disposal of any organic contaminant within the watershed or zone of influence of the source.

a. If an evaluation by the department reveals no previous use of the contaminants within the watershed or zone of influence, then a waiver may be granted.

b. If an evaluation by the department reveals either previous use of the contaminants or that use is unknown, then the following factors shall be used to determine whether a waiver is granted:

(1) Previous analytical results.

(2) The proximity of the source water to land use activities that are potential point or nonpoint sources of organic contamination and to potential conduits to groundwater. Point sources include spills and leaks of chemicals at or near a waterworks or at manufacturing, distribution, or storage facilities, or from hazardous or municipal waste landfills and other waste handling or treatment facilities. Nonpoint sources for SOCs include the use of pesticides to control insects and weed pests on agricultural areas, forest lands, home and gardens, and other land application uses.

(3) The environmental persistence and transport of the contaminants listed in Table 340.2.

(4) The implementation of wellhead protection measures by the owner.

(5) For groundwater well sources: well construction, well depth, soil type, geological conditions, and well structure integrity.

(6) Special factors.

(a) For VOCs. The number of persons served by the waterworks and the proximity of a smaller waterworks to a larger waterworks.

(b) For SOCs. Elevated nitrate levels at the waterworks' source water.

(c) For SOCs. Use of PCBs in equipment used in the production, storage, or distribution of water (i.e., PCBs used in pumps, transformers, etc.).

c. An entry point at which treatment has been installed to remove VOCs or SOCs is not eligible for a monitoring waiver for the VOCs or SOCs for which treatment has been installed.

d. All waterworks are granted a waiver from monitoring dioxin, endothall, and glyphosate unless the department determines that there is a source of these contaminants which poses a threat to the source water.

4. Condition for waivers.

a. Groundwater source entry points.

(1) As a condition of the VOC waiver, the owner shall collect one sample at each entry point during the time the waiver is effective (i.e., one sample during two compliance periods or six years). Based on this data, the department may reconfirm that the source is nonsusceptible. If the department does not make this reconfirmation within three years of the initial determination, then the waiver is invalidated and the owner is required to sample annually.

(2) There are no conditions to SOC waivers.

b. Surface water source entry points, in whole or in part. There are no conditions to VOC and SOC waivers for waterworks in regard to these entry points. 

 

12VAC5-590-374. Residual disinfectant, DBPs, and DBPPs monitoring.

A. Unless otherwise noted, an owner of a waterworks that uses a chemical disinfectant shall comply with the requirements of this section as follows:

1. The owner of a community waterworks or a NTNC shall comply with this section.

2. The owner of a TNC that uses any combination of a surface water source, a GUDI source, or a groundwater source and uses chlorine dioxide as a disinfectant or oxidant shall comply with all the requirements for chlorine dioxide in this section.

B. The owner shall collect all samples during normal operating conditions.

1. Analysis under this section for DBPs (TTHM, HAA5, chlorite, and bromate) shall be conducted by a laboratory that has received certification by the DCLS except as noted in subdivisions B 2 and B 3 of this section.

2. Measurement under this section of daily chlorite samples at the entry point to the distribution system, residual disinfectant (free chlorine, combined chlorine, total chlorine, and chlorine dioxide), alkalinity, TOC, SUVA (DOC and UV254), pH, and magnesium shall be made by a party approved by the department.

3. Residual disinfectant concentrations for free chlorine, combined chlorine, total chlorine, and chlorine dioxide shall be made using equipment deemed satisfactory by the department.

C. Monitoring plan. The owner required to monitor under this section shall develop and implement a monitoring plan. The owner shall maintain the plan and make it available for inspection by the department and the general public. The owner of a community waterworks or a NTNC that uses either a surface water source or a GUDI source or both and serving more than 3,300 people shall submit a copy of the monitoring plan to the department no later than the date of the first report required under 12VAC5-590-531 A. The department may also require the plan to be submitted by any other owner. After evaluation, the department may require changes in any of the plan elements. The plan shall include at least the following:

1. Specific locations and schedules with monitoring dates for collecting samples for any parameters included in this section.

2. How the owner will calculate compliance with PMCLs, MRDLs, and treatment techniques.

3. The sampling plan for a consecutive waterworks shall reflect the entire consecutive distribution system.

D. Failure to monitor in accordance with the monitoring plan required under subsection C of this section is a monitoring violation. Failure to monitor shall be treated as a violation for the entire period covered by the annual average where compliance is based on a RAA of monthly or quarterly samples or averages, and the owner's failure to monitor makes it impossible to determine compliance with PMCLs or MRDLs.

E. The owner may use only data collected under the provisions of this section to qualify for reduced monitoring.

F. TTHM and HAA5 monitoring. The owner of a community waterworks or a NTNC shall conduct the LRAA monitoring for TTHM and HAA5 at the frequency given below, unless otherwise indicated.

1. This subdivision establishes monitoring and other requirements for achieving compliance with PMCLs based on the LRAA for TTHM and HAA5, and for achieving compliance with MRDLs for chlorine and chloramines for certain consecutive waterworks.

2. This subdivision applies to a community waterworks or a NTNC that uses a primary or secondary disinfectant other than UV light or delivers water that has been treated with a primary or secondary disinfectant other than UV light.

3. Routine monitoring.

a. If the waterworks is a NTNC serving less than 10,000 people, then the owner shall monitor at the location or locations and dates identified in the monitoring plan in subsection C of this section, updated as required by subdivision F 3 e of this section.

b. The owner shall monitor at no fewer than the number of locations identified in Table 374.1:

 TABLE 374.1.

Monitoring Frequency by Source Water Type for TTHM and HAA5.

SOURCE WATER TYPE

POPULATION SIZE CATEGORY

MONITORING FREQUENCY1a

DISTRIBUTION SYSTEM MONITORING LOCATION TOTAL PER MONITORING PERIODb

Surface water or GUDI Source

Less than 500

per year

2

500 ‑ 3,300

per quarter

2

3,301 ‑ 9,999

per quarter

2

10,000 ‑ 49,999

per quarter

4

50,000 ‑ 249,999

per quarter

8

250,000 ‑ 999,999

per quarter

12

1,000,000 ‑ 4,999,999

per quarter

16

Equal to or greater than 5,000,000

per quarter

20

Groundwater

Less than 500

per year

2

500 ‑ 9,999

per year

2

10,000 ‑ 99,999

per quarter

4

100,000 ‑ 499,999

per quarter

6

Equal to or greater than 500,000

per quarter

8

a The owner shall monitor during the month of highest DBP concentrations.

b The owner of a waterworks on quarterly monitoring (except those using either a surface water source or a GUDI source or both and serving 500 ‑ 3,300 people) shall collect dual sample sets every 90 days at each monitoring location. A groundwater system serving 500 ‑ 9,999 people shall collect dual sample sets annually at each monitoring location. A waterworks serving fewer than 500 people and a waterworks using either a surface water source or a GUDI source or both and serving 500 ‑ 3,300 people shall collect individual TTHM and HAA5 samples (instead of a dual sample set) at the locations with the highest TTHM and HAA5 concentrations, respectively. A waterworks serving fewer than 500 people shall sample annually, and a waterworks using either a surface water source or a GUDI source or both and  serving 500 ‑ 3,300 people shall sample every 90 days. For a waterworks serving fewer than 500 people, only one location with a dual sample set per monitoring period is needed if the highest TTHM and HAA5 concentrations occur at the same location (and month, if monitoring annually). 

 

c. The owner of a waterworks not using disinfection and then begin using a disinfectant other than UV light shall consult with the department to identify compliance monitoring locations. The owner shall then develop a monitoring plan under subdivision F 3 e of this section to include those monitoring locations.

d. The owner shall use an approved method listed in 12VAC5-590-440 for TTHM and HAA5 analyses. Analyses shall be conducted by laboratories that have received certification by EPA or DCLS as specified in 12VAC5-590-440.

e. The owner may revise the monitoring plan to reflect changes in treatment, distribution system operations and layout (including new service areas), or other factors that may affect TTHM or HAA5 formation, or for reasons approved by the department, after consultation with the department regarding the need for changes and the appropriateness of the changes. If the owner changes monitoring locations, then the owner shall replace existing compliance monitoring locations with the lowest LRAA with new locations that reflect the current distribution system locations with expected high TTHM or HAA5 levels. The department may also require modifications in the monitoring plan. The owner of a waterworks using either a surface water source or a GUDI source or both and serving more than 3,300 people shall submit a copy of the modified monitoring plan to the department before the date the owner is required to comply with the revised monitoring plan.

4. Reduced monitoring.

a. The owner may reduce monitoring to the level specified in Table 374.2 any time the LRAA is less than or equal to 0.040 mg/L for TTHM and less than or equal to 0.030 mg/L for HAA5 at all monitoring locations. The owner may only use data collected under the provisions of this section to qualify for reduced monitoring. In addition, the source water annual average TOC level, before any treatment, shall be less than or equal to 4.0 mg/L at each water treatment plant treating either a surface water source or a GUDI source or both, based on monitoring conducted under subsection J of this section.

 

TABLE 374.2.

Reduced Monitoring for TTHM and HAA5.

SOURCE WATER TYPE

POPULATION SIZE CATEGORY

MONITORING FREQUENCYa

DISTRIBUTION SYSTEM MONITORING LOCATION PER MONITORING PERIOD

Surface water or GUDI Source

Less than 500

Monitoring may not be reduced.

500 ‑ 3,300

per year

One TTHM and one HAA5 sample: one at the location and during the quarter with the highest TTHM single measurement, one at the location and during the quarter with the highest HAA5 single measurement; one dual sample set per year if the highest TTHM and HAA5 measurements occurred at the same location and quarter.

3,301 ‑ 9,999

per year

Two dual sample sets: one at the location and during the quarter with the highest TTHM single measurement, one at the location and during the quarter with the highest HAA5 single measurement.

10,000 ‑ 49,999

per quarter

Two dual sample sets: at the locations with the highest TTHM and highest HAA5 LRAAs.

50,000 ‑ 249,999

per quarter

Four dual sample sets: at the locations with the two highest TTHM and two highest HAA5 LRAAs.

250,000 ‑ 999,999

per quarter

Six dual sample sets: at the locations with the three highest TTHM and three highest HAA5 LRAAs.

1,000,000 ‑ 4,999,999

per quarter

Eight dual sample sets: at the locations with the four highest TTHM and four highest HAA5 LRAAs.

Equal to or greater than 5,000,000

per quarter

Ten dual sample sets: at the locations with the five highest TTHM and five highest HAA5 LRAAs.

Groundwater

Less than 500

every third year

One TTHM and one HAA5 sample: one at the location and during the quarter with the highest TTHM single measurement, one at the location and during the quarter with the highest HAA5 single measurement; one dual sample set per year if the highest TTHM and HAA5 measurements occurred at the same location and quarter.

500 ‑ 9,999

per year

One TTHM and one HAA5 sample: one at the location and during the quarter with the highest TTHM single measurement, one at the location and during the quarter with the highest HAA5 single measurement; one dual sample set per year if the highest TTHM and HAA5 measurements occurred at the same location and quarter.

10,000 ‑ 99,999

per year

Two dual sample sets: one at the location and during the quarter with the highest TTHM single measurement, one at the location and during the quarter with the highest HAA5 single measurement.

100,000 ‑ 499,999

per quarter

Two dual sample sets: at the locations with the highest TTHM and highest HAA5 LRAAs.

Equal to or greater than 500,000

per quarter

Four dual sample sets: at the locations with the two highest TTHM and two highest HAA5 LRAAs.

a The owner of a waterworks on quarterly monitoring shall collect dual sample sets every 90 days.

 

b. The owner may remain on reduced monitoring as long as the TTHM LRAA is less than or equal to 0.040 mg/L and the HAA5 LRAA is less than or equal to 0.030 mg/L at each monitoring location (for waterworks with quarterly reduced monitoring). In addition, the source water annual average TOC level, before any treatment, shall be less than or equal to 4.0 mg/L at each water treatment plant treating either a surface water source or a GUDI source or both, based on monitoring conducted under subsection J of this section.

c. If the LRAA based on quarterly monitoring at any monitoring location exceeds either 0.040 mg/L for TTHM or 0.030 mg/L for HAA5 or if the annual (or less frequent) sample at any location exceeds either 0.060 mg/L for TTHM or 0.045 mg/L for HAA5, or if the source water annual average TOC level, before any treatment, is greater than 4.0 mg/L at any water treatment plant treating either a surface water source or a GUDI source or both, then the owner shall resume routine monitoring under subdivision F 3 of this section or begin increased monitoring if subdivision F 5 of this section applies.

d. A waterworks may return to routine monitoring at the department's discretion.

5. Increased monitoring.

a. The owner of a waterworks required to monitor at a particular location annually or less frequently than annually under subdivision F 3 or F 4 of this section, shall increase monitoring to dual sample sets once per quarter (collected every 90 days) at all locations if a TTHM sample is greater than 0.080 mg/L or a HAA5 sample is greater than 0.060 mg/L at any location.

b. The owner may return to routine monitoring once the waterworks has conducted increased monitoring for at least four consecutive quarters and the LRAA for every monitoring location is less than or equal to 0.060 mg/L for TTHM and less than or equal to 0.045 mg/L for HAA5.

G. Chlorite. The owner of a community waterworks or a NTNC using chlorine dioxide, for disinfection or oxidation, shall conduct monitoring for chlorite.

1. Routine monitoring.

a. The owner shall collect daily samples at the entry point to the distribution system. For any daily sample that exceeds the chlorite PMCL listed in Table 340.6, the owner shall collect additional samples in the distribution system the following day at the locations required by subdivision G 1 c of this section, in addition to the sample required at the entrance to the distribution system.

b. The owner shall collect a three-sample set each month in the distribution system. The owner shall collect one sample at each of the following locations: near the first customer, at a location representative of average residence time, and at a location reflecting maximum residence time in the distribution system. Any additional routine sampling shall be conducted in the same manner (as three-sample sets, at the specified locations). The owner may use the results of additional monitoring conducted under subdivision G 1 c of this section to meet the requirement for monitoring in this paragraph.

c. On each day following a routine sample monitoring result that exceeds the chlorite PMCL listed in Table 340.6 at the entrance to the distribution system, the owner is required to collect three chlorite distribution system samples at the following locations: as close to the first customer as possible, in a location representative of average residence time, and as close to the end of the distribution system as possible (reflecting maximum residence time in the distribution system).

2. Reduced monitoring.

a. Chlorite monitoring at the entrance to the distribution system required by subdivision G 1 a of this subsection may not be reduced.

b. Chlorite monitoring in the distribution system required by subdivision G 1 b of this section may be reduced to one three-sample set per quarter after one year of monitoring where no individual chlorite sample collected in the distribution system under subdivision G 1 b of this section has exceeded the chlorite PMCL listed in Table 340.6 and the owner has not been required to conduct monitoring under subdivision G 1 c of this section. The owner may remain on the reduced monitoring schedule until either any of the three individual chlorite samples collected quarterly in the distribution system under subdivision G 1 b of this section exceeds the chlorite PMCL or the owner is required to conduct monitoring under subdivision G 1 c of this section, at which time the owner shall revert to routine monitoring.

H. Bromate.

1. The owner of a community waterworks or a NTNC  water treatment plant using ozone, for disinfection or oxidation, shall collect one sample per month and analyze it for bromate. The owner shall collect samples monthly at the entrance to the distribution system while the ozonation system is operating under normal conditions.

2. The owner required to analyze for bromate may reduce monitoring from monthly to quarterly if the waterworks RAA bromate concentration is less than or equal to 0.0025 mg/L based on monthly bromate measurements under subdivision H 1 of this section for the most recent four quarters. If a waterworks has qualified for reduced bromate monitoring under this subdivision, then the owner may remain on reduced monitoring as long as the RAA of quarterly bromate samples is equal to or less than 0.0025 mg/L. If the RAA bromate concentration is greater than 0.0025 mg/L, then the owner shall resume routine monitoring required by subdivision H 1 of this section.

I. Monitoring requirements for the residual disinfectant.

1. Chlorine and chloramines.

a. The owner of a waterworks that uses chlorine or chloramines shall measure the residual disinfectant level in the distribution system at the same point in the distribution system and at the same time as total coliform bacteria are sampled, as specified in 12VAC5-590-370 A and 12VAC5-590-380 D. The owner of a waterworks using either a surface water source or a GUDI source or both may use the results of the residual disinfectant concentration sampling found in 12VAC5-590-376 D instead of collecting separate samples.

b. Residual disinfectant level monitoring may not be reduced.

2. Chlorine dioxide.

a. The owner of a waterworks that uses chlorine dioxide for disinfection or oxidation shall collect daily samples at the entrance to the distribution system. For any daily sample that exceeds the MRDL listed in Table 340.7, the owner shall collect samples in the distribution system the following day at the locations required by subdivision I 2 b of this section, in addition to the sample required at the entrance to the distribution system.

b. On each day following a routine sample monitoring result that exceeds the MRDL listed in Table 340.7, the owner is required to collect three chlorine dioxide distribution system samples. If chlorine dioxide or chloramines are used to maintain a residual disinfectant in the distribution system, or if chlorine is used to maintain a residual disinfectant in the distribution system and there is no rechlorination after the entry point, then the owner shall collect three samples as close to the first customer as possible, at intervals of at least six hours. If chlorine is used to maintain a residual disinfectant in the distribution system and there are one or more rechlorination points after the entry point, then the owner shall collect one sample at each of the following locations: as close to the first customer as possible, in a location representative of average residence time, and as close to the end of the distribution system as possible (reflecting maximum residence time in the distribution system).

c. Chlorine dioxide monitoring may not be reduced.

3. Ozone. Ozone residual levels shall be monitored continuously and recorded. A portable ozone meter is recommended as a backup.

4. Additional monitoring and reporting requirements are specified in 12VAC5-590-500 to demonstrate log inactivation or removal of Giardia lamblia, virus, and Cryptosporidium.

J. Monitoring requirements for DBPPs.

1. The owner of a community waterworks or a NTNC using either a surface water source or a GUDI source or both and using conventional filtration treatment, as defined in 12VAC5-590-10, shall monitor each water treatment plant for TOC no later than the point of CFE turbidity monitoring and representative of the treated water. The owner shall also monitor for TOC in the source water before any treatment at the same time as monitoring for TOC in the treated water. These samples (source water and treated water) are referred to as paired samples. At the same time as the source water sample is collected, the owner shall monitor for alkalinity in the source water before any treatment. The owner shall collect one paired sample and one source water alkalinity sample per month per water treatment plant at a time representative of normal operating conditions and influent water quality.

2. The owner of a community waterworks or a NTNC that uses either a surface water source or a GUDI source or both with an average treated water TOC of less than 2.0 mg/L for two consecutive years, or less than 1.0 mg/L for one year, may reduce monitoring for both TOC and alkalinity to one paired sample and one source water alkalinity sample per water treatment plant per quarter. The owner shall revert to routine monitoring in the month following the quarter when the annual average treated water TOC is equal to or greater than 2.0 mg/L.

12VAC5-590-375. Lead and copper monitoring.

A. The owners owner of all a community waterworks and or a nontransient noncommunity waterworks NTNC shall monitor for lead and copper in tap water (subsection B of this section), water quality (corrosion) parameters in the distribution system and at entry points (subsection C of this section), and lead and copper in water supplies (subsection D of this section).

B. Monitoring requirements for lead and copper in tap water.

1. Sample site location.

a. By the commissioner determined date determined by the department for commencement of monitoring under subdivision B 4 a of this section, each the owner shall complete a materials evaluation of the distribution system in order to identify a pool of targeted sampling sites that meets the requirements of this subdivision, and that is sufficiently large to ensure that the owner can collect the number of lead and copper tap samples required in subdivision B 3 of this section. All sites from which first draw first-draw samples are collected shall be selected from this pool of targeted sampling sites. Sampling sites may not include faucets that have point-of-use POU devices or point-of-entry POE treatment devices designed to remove inorganic contaminants.

b. When the distribution system evaluation required in subdivision B 1 a of this section is insufficient to locate the requisite number of lead and copper sampling sites that meet the targeting criteria of this section, the owner shall review the sources of information listed below in order to identify a sufficient number of sampling sites. In addition, the owner shall seek to collect such information where possible in the course of its normal operations (e.g., checking service line materials when reading water meters or performing maintenance activities):

(1) All plumbing codes, permits, and records in the files of the building department or departments that indicate the plumbing materials that are installed within publicly and privately owned structures connected to the distribution system;

(2) All inspections and records of the distribution system that indicate the material composition of the service connections that connect a structure to the distribution system; and

(3) All existing water quality information, which includes the results of all prior analyses of the waterworks or individual structures connected to the waterworks, indicating locations that may be particularly susceptible to high lead or copper concentrations.

c. The sampling sites selected for a community waterworks' sampling pool (tier 1 sampling sites) (Tier 1 sampling sites) shall consist of single family structures that:

(1) Contain copper pipes with lead solder installed between January 1983 and April 1986 or contain lead pipes; or

(2) Are served by a lead service line.

NOTE: When multiple-family residences comprise at least 20% of the structures served by a waterworks, the owner may include these types of structures in the sampling pool.

d. The owner of any a community waterworks with insufficient tier Tier 1 sampling sites shall complete the sampling pool with tier Tier 2 sampling sites consisting of buildings, including multiple-family residences that:

(1) Contain copper pipes with lead solder installed between January 1983 and April 1986 or contain lead pipes; or

(2) Are served by a lead service line.

e. The owner of any a community waterworks with insufficient tier Tier 1 and tier Tier 2 sampling sites shall complete the sampling pool with tier Tier 3 sampling sites, consisting of single family structures that contain copper pipes with lead solder installed before 1983. The owner of a community waterworks with insufficient tier Tier 1, tier Tier 2, and tier Tier 3 sampling sites shall complete the sampling pool with representative sites throughout the distribution system. For the purpose of this subdivision, a representative site is a site in which the plumbing materials used at that site would be commonly found at other sites served by the waterworks.

f. The sampling sites selected for a nontransient noncommunity waterworks NTNC (tier 1 sampling sites) (Tier 1 sampling sites) shall consist of buildings that:

(1) Contain copper pipes with lead solder installed between January 1983 and April 1986 or contain lead pipes; or

(2) Are served by a lead service line.

g. The owner of a nontransient noncommunity waterworks NTNC with insufficient tier Tier 1 sites that meet the targeting criteria in subdivision B 1 f of this section shall complete the sampling pool with sampling sites that contain copper pipes with lead solder installed before 1983. If additional sites are needed to complete the sampling pool, the owner of a nontransient noncommunity waterworks NTNC shall use representative sites throughout the distribution system. For the purpose of this subdivision, a representative site is a site in which the plumbing materials used at that site would be commonly found at other sites served by the waterworks.

h. The owner of any a waterworks whose distribution system contains lead service lines shall draw 50% of the samples the owner collects during each monitoring period from sites that contain lead pipes, or copper pipes with lead solder, and 50% of the samples the owner collects from sites served by a lead service line. Any The owner who cannot identify a sufficient number of sampling sites served by a lead service line shall collect first draw first-draw tap samples from all of the sites identified as being served by such these lines.

2. Sample collection methods.

a. All tap samples for lead and copper, with the exception of lead service line samples collected under 12VAC5-590-405 C 4 and samples collected under subdivision B 2 e of this section, shall be first draw first-draw samples.

b. Each first-draw tap sample for lead and copper shall be one liter in volume, and have stood motionless in the plumbing system of each sampling site for at least six hours, and have been collected without flushing the tap. First draw First-draw samples from residential housing shall be collected from the cold-water kitchen tap or from a bathroom sink tap. First-draw samples from a nonresidential building shall be one liter in volume and shall be collected at an interior tap from which water is typically drawn for consumption. Non-first-draw samples collected in lieu of instead of first-draw samples pursuant to subdivision B 2 e of this section shall be one liter in volume and shall be collected at an interior tap from which water is typically drawn for consumption. First draw First-draw samples may be collected by the owner or the owner may allow residents to collect first draw first-draw samples after instructing the residents of the sampling procedures specified in this subdivision. To avoid problems of residents handling nitric acid, acidification of first draw first-draw samples may be done up to 14 days after the sample is collected. After acidification to resolubilize the metals, the sample must stand in the original container for the time specified in the approved EPA method before the sample can be analyzed. If an owner allows residents to perform sampling, then the owner may not challenge, based on alleged errors in sample collection, the accuracy of sampling results.

c. Each lead service line sample collected pursuant to 12VAC5-590-405 C 4 for the purpose of avoiding replacement shall be one liter in volume and have stood motionless in the lead service line for at least six hours. Lead service line samples shall be collected in one of the following three ways:

(1) At the tap after flushing the volume of water between the tap and the lead service line. The volume of water shall be calculated based on the interior diameter and length of the pipe between the tap and the lead service line;

(2) Tapping directly into the lead service line; or

(3) If the sampling site is a building constructed as a single-family single family residence, then allowing the water to run until there is a significant change in temperature that would be indicative of water that has been standing in the lead service line.

d. An The owner shall collect each first draw first-draw tap sample from the same sampling site from which the owner collected a previous sample. If, for any reason, the owner cannot gain entry to a sampling site in order to collect a follow-up tap sample, then the owner may collect the follow-up tap sample from another sampling site in the sampling pool as long as the new site meets the same targeting criteria and is within reasonable proximity of the original site.

e. The owner of a nontransient noncommunity waterworks NTNC, or a community waterworks that meets the criteria of 12VAC5-590-405 D 2 e (2) that does not have enough taps that can supply first-draw samples, as defined in subdivision B 2 b of this section, may apply to the district engineer department in writing to substitute non-first-draw samples. If approved by the commissioner department, such then an owners owner shall collect as many first-draw samples from appropriate taps as possible and identify sampling times and locations that would likely result in the longest standing time for the remaining sites.

3. Number of samples.

a. Owners The owner shall collect at least one sample during each monitoring period specified in subdivision B 4 of this section from the number of sites listed in the first column (standard monitoring) of the table in subdivision B 3 c of this section Table 375.1. The owner of a waterworks conducting reduced monitoring under subdivision B 4 d of this section shall collect at least one sample from the number of sites specified in the second column (reduced monitoring) of the table in subdivision B 3 c of this section Table 375.1 during each monitoring period specified in subdivision B 4 d of this section. Such reduced Reduced monitoring sites shall be representative of the sites required for standard monitoring. The commissioner department may specify sampling locations when an owner is conducting reduced monitoring.

b. The owner of a waterworks that has fewer than five drinking water taps that are normally used for human consumption meeting the sample site criteria of subdivision B 1 of this section to reach the required number of sample sites listed in the table in subdivision B 3 c of this section Table 375.1, shall collect at least one sample from each tap and then shall collect additional samples from those taps on different days during the monitoring period to meet the required number of sites. Alternatively, the commissioner department may allow these the owners owner to collect a number of samples less than the number of sites specified in the table in subdivision B 3 c of this section Table 375.1, provided that 100% of all taps that are normally used for human consumption are sampled. The commissioner department must shall approve this reduction of the minimum number of samples in writing based on a request from the owner or onsite verification by the district engineer designated department representative.

c. The lead and copper tap sample table is as follows:

 

TABLE 375.1.

Tap Samples for Lead and Copper.

 

System  Size WATERWORKS SIZE (Number of People Served)

Number of Sites

NUMBER OF SITES (Standard Monitoring)

Number of Sites

NUMBER OF SITES (Reduced Monitoring)

 

greater Greater than 100,000

100

50

 

10,001‑100,000

60

30

 

3,301 ‑ 10,000

40

20

 

501 ‑ 3,300

20

10

 

101 ‑ 500

10

5

 

less Less than or equal to 100

5

5

 4. Timing of monitoring.

a. Initial tap sampling. The first six-month monitoring period for small (serving less than 3,300 population), medium-size medium (serving 3,301 to 50,000 population), and large waterworks (serving greater than 50,000 population) shall be established by the commissioner department.

(1) Owners The owner of all a large waterworks shall monitor during two consecutive six-month periods.

(2) Owners The owner of all a small and or a medium-size medium waterworks shall monitor during each six-month monitoring period until the waterworks exceeds the lead or copper action level AL and is therefore required to implement the corrosion control treatment requirements under 12VAC5-590-405 A 2, in which case the owner shall continue monitoring in accordance with subdivision B 4 b of this section, or the waterworks meets the lead and copper action levels ALs during two consecutive six-month monitoring periods, in which case the owner may reduce monitoring in accordance with subdivision B 4 d of this section.

b. Monitoring after installation of corrosion control and water supply (source water) source water treatment.

(1) The owner of any a large waterworks that installs optimal corrosion control treatment pursuant to 12VAC5-590-405 A 2 d (4) shall monitor during two consecutive six-month monitoring periods by the date specified in 12VAC5-590-405 A 2 d (5).

(2) The owner of any a small or a medium-size medium waterworks that installs optimal corrosion control treatment pursuant to 12VAC5-590-405 A 2 e (5) shall monitor during two consecutive six-month monitoring periods by the date specified in 12VAC5-590-405 A 2 d (6) 12VAC5-590-405 A 2 e (6).

(3) The owner of any a waterworks that installs source water treatment pursuant to 12VAC5-590-405 B 1 c shall monitor during two consecutive six-month monitoring periods by the date specified in 12VAC5-590-405 B 1 d.

c. Monitoring after the commissioner department specifies water quality parameter values for optimal corrosion control. After the commissioner department specifies the values for water quality control parameters under 12VAC5-590-405 A 1 f, the owner shall monitor during each subsequent six-month monitoring period, with the first monitoring period to begin on the date the commissioner department specifies the optimal values.

d. Reduced monitoring.

(1) The owner of a small or a medium-size medium  waterworks that meets the lead and copper action levels ALs during each of two consecutive six-month monitoring periods may reduce the number of samples in accordance with subdivision B 3 of this section, and reduce the frequency of sampling to once per year. The owner of a small or a medium water system waterworks collecting fewer than five samples, as specified in subdivision B 3 b of this section, that meets the lead and copper action levels ALs during each of two consecutive six-month monitoring periods may reduce the frequency of sampling to once per year. In no case may the owner reduce the number of samples required below the minimum of one sample per available tap. This sampling shall begin during the calendar year immediately following the end of the second consecutive six-month monitoring period.

(2) The owner of any a waterworks that meets the lead action level AL and maintains the range of values for the water quality control parameters reflecting optimal corrosion control treatment specified by the commissioner department under 12VAC5-590-405 A 1 f during each of two consecutive six-month monitoring periods may reduce the frequency of monitoring to once per year and to reduce the number of lead and copper samples in accordance with subdivision B 3 of this section if the owner receives written approval from the commissioner department. This sampling shall begin during the calendar year immediately following the end of the second consecutive six-month monitoring period. The commissioner department must review shall evaluate monitoring, treatment, and other relevant information submitted by the owner in accordance with 12VAC5-590-530 F 12VAC5-590-532 and must shall notify the owner in writing when a determination is made that the owner is eligible to commence reduced monitoring pursuant to this subdivision. The commissioner department must review shall evaluate, and where appropriate, revise his the determination when the owner submits new monitoring or treatment data, or when other data relevant to the number and frequency of tap sampling becomes available.

(3) The owner of a small or a medium-size medium waterworks that meets the lead and copper action levels ALs during three consecutive years of monitoring may reduce the frequency of monitoring for lead and copper from annually to once every three years. The owner of any a waterworks that meets the lead action level AL and maintains the range of values for the water quality control parameters reflecting optimal corrosion control treatment specified by the commissioner department under 12VAC5-590-405 A 1 f during three consecutive years of monitoring may reduce the frequency of monitoring from annually to once every three years if the owner receives written approval from the commissioner department. Samples collected once every three years shall be collected no later than every third calendar year. The commissioner department must review shall evaluate monitoring, treatment, and other relevant information submitted by the owner in accordance with 12VAC5-590-530 F 12VAC5-590-532 and must shall notify the owner in writing when a determination is made that the owner is eligible to commence reduced monitoring pursuant to this subdivision. The commissioner must review department shall evaluate, and where appropriate, revise his the determination when the owner submits new monitoring or treatment data, or when other data relevant to the number and frequency of tap sampling becomes available.

(4) The owner of a waterworks that reduces the number and frequency of sampling shall collect these samples from representative sites included in the pool of targeted sampling sites identified in subdivision B 1 of this section. Owners The owner sampling annually or less frequently shall conduct the lead and copper tap sampling during the months of June, July, August, or September. For a nontransient noncommunity waterworks NTNC that does not operate during the months of June through September, the commissioner department shall designate an alternate monitoring period that represents a time of normal operation for the waterworks. This sampling shall begin in the calendar year immediately following the end of the second consecutive six-month monitoring period of for the owners owner initiating annual monitoring, and during the three-year period following the end of the third consecutive calendar year of annual monitoring for the owners owner initiating triennial monitoring.

(5) The owner of any a waterworks that demonstrates for two consecutive six-month monitoring periods that the tap water lead level computed under 12VAC5-590-385 C is less than or equal to 0.005 mg/L and the tap water copper level computed under 12VAC5-590-385 C is less than or equal to 0.65 mg/L may reduce the number of samples in accordance with subdivision B 3 of this section and reduce the frequency of sampling to once every three calendar years.

(6) The owner of a small or medium-size a medium waterworks subject to reduced monitoring that exceeds the lead or copper action level AL shall resume sampling in accordance with subdivision B 4 c of this section and collect the number of samples specified for standard monitoring under subdivision B 3 of this section. Such The owner shall also conduct water quality parameter monitoring in accordance with subdivision C 2, 3, or 4 subdivisions C 2 through C 4 of this section (as appropriate) during the monitoring period in which the action level AL is exceeded. The owner of any such a waterworks may resume annual monitoring for lead and copper at the tap at the reduced number of sites specified in subdivision B 3 of this section after it has completed two subsequent consecutive six-month rounds of monitoring that meet the criteria of subdivision B 4 d (1) of this section or may resume triennial monitoring for lead and copper at the reduced number of sites after it demonstrates through subsequent rounds of monitoring that it meets the criteria of either subdivision B 4 d (3) or B 4 d (5) of this section.

(7) The owner of any a waterworks subject to the reduced monitoring frequency that fails to meet the lead action level AL during any four-month monitoring period or that fails to operate at or above the minimum value or within the range of values for the water quality parameters specified by the commissioner department under 12VAC5-590-405 A 1 f for more than nine days in any six-month period specified in subdivision C 4 of this section shall conduct tap water sampling for lead and copper at the frequency specified in subdivision B 4 c of this section, collect the number of samples specified for standard monitoring under subdivision B 3 of this section, and resume monitoring for water quality parameters within the distribution system in accordance with subdivision C 4 of this section. This standard tap water sampling shall begin no later than the six-month period beginning January 1 of the calendar year following the lead action level AL exceedance or water quality parameter excursion. The owner of such a waterworks may resume reduced monitoring for lead and copper at the tap and for water quality parameters within the distribution system under the following conditions:

(a) The owner may resume annual monitoring for lead and copper at the tap at the reduced number of sites specified in subdivision B 3 of this section after completion of two subsequent six-month rounds of monitoring that meet the criteria of subdivision B 4 d 2(2) of this section and the owner has received written approval from the commissioner department that it is appropriate to resume reduced monitoring on an annual frequency. This sampling shall begin during the calendar year immediately following the end of the second consecutive six-month monitoring period.

(b) The owner may resume triennial monitoring for lead and copper at the tap at the reduced number of sites after demonstration through subsequent rounds of monitoring that it meets the criteria of either subdivision B 4 d (3) or B 4 d (5) of this section and the owner has received written approval from the commissioner department that it is appropriate to resume triennial monitoring.

(c) The owner may reduce the number of water quality parameter tap water samples required in accordance with subdivision C 5 a of this section and the frequency with which it collects such these samples in accordance with subdivision C 5 b of this section. The owner of such a waterworks may not resume triennial monitoring for water quality parameters at the tap until it demonstrates, in accordance with the requirements of subdivision C 5 b of this section, that it has requalified for triennial monitoring.

(8) The owner of any a waterworks subject to a reduced monitoring frequency under subdivision B 4 d of this section shall notify the district engineer department in writing in accordance with 12VAC5-590-530 F 1 c and 12VAC5-590-532 of any upcoming long-term change in the treatment or addition of a new water source water as described in this section. The commissioner department must review shall evaluate and approve the addition of a new water source water or long-term change in the water treatment before it is implemented by the owner. The commissioner department may require the owner to resume sampling in accordance with subdivision B 4 c of this section and collect the number of samples specified for standard monitoring under subdivision B 3 of this section or take other appropriate steps such as increased water quality parameter monitoring or re-evaluation of its corrosion control treatment given the potentially different water quality considerations.

5. Additional monitoring by owner. The results of any monitoring conducted in addition to the minimum requirements of this section shall be considered by the owner and the commissioner department in making any determinations (i.e., calculating the 90th percentile lead or copper level) under 12VAC5-590-385 C.

6. Invalidation of lead or copper tap water samples. A sample invalidated under this subdivision does not count toward determining lead or copper 90th percentile levels under 12VAC5-590-385 C or toward meeting the minimum monitoring requirements of subdivision B 3 of this section.

a. The commissioner department may invalidate a lead or copper tap water sample if at least one of the following conditions is met.:

(1) The laboratory establishes that improper sample analysis caused erroneous results.

(2) The commissioner department determines that the sample was taken collected from a site that did not meet the site selection criteria of this section.

(3) The sample container was damaged in transit.

(4) There is substantial reason to believe that the sample was subject to tampering.

b. The owner shall report the results of all samples to the district engineer department and all supporting documentation for samples the owner believes should be invalidated.

c. To invalidate a sample under subdivision B 6 a of this section, the decision and the rationale for the decision shall be documented in writing. The commissioner department may not invalidate a sample solely on the grounds that a follow-up sample result is higher or lower than that of the original sample.

d. The owner shall collect a replacement samples sample for any a samples sample invalidated under this section if, after the invalidation of one or more samples, the owner has too few samples to meet the minimum requirements of subdivision B 3 of this section. Any such A replacement samples sample shall be taken collected as soon as possible, but no later than 20 days after the date the commissioner invalidates the sample or by the end of the applicable monitoring period, whichever occurs later. Replacement samples taken collected after the end of the applicable monitoring period shall not also be used to meet the monitoring requirements of a subsequent monitoring period. The replacement samples shall be taken collected at the same locations as the invalidated samples or, if that is not possible, at locations other than those already used for sampling during the monitoring period.

7. Monitoring waivers for small waterworks. The owner of any a small waterworks that meets the criteria of this subdivision may apply to the commissioner department to reduce the frequency of monitoring for lead and copper to once every nine years (i.e., a full waiver) if the owner meets all of the materials criteria specified in subdivision B 7 a of this section and all of the monitoring criteria specified in subdivision B 7 b of this section. The owner of any a small waterworks that meets the criteria in subdivisions B 7 a and B 7 b of this section only for lead, or only for copper, may apply to the commissioner department for a waiver to reduce the frequency of tap water monitoring to once every nine years for that contaminant only (i.e., a partial waiver).

a. Materials criteria. The owner shall demonstrate that the distribution system and service lines and all drinking water supply plumbing service lines and plumbing connected to the waterworks, including plumbing conveying drinking water within all residences and buildings connected to the waterworks, are free of lead-containing materials or copper-containing materials, as those terms are defined in this subdivision, as follows:

(1) Lead. To qualify for a full waiver, or a waiver of the tap water monitoring requirements for lead (i.e., a lead waiver), the owner shall provide certification and supporting documentation to the commissioner department that the waterworks is free of all lead-containing materials, as follows:

(a) It contains no plastic pipes that contain lead plasticizers, or plastic service lines that contain lead plasticizers; and

(b) It is free of lead service lines, lead pipes, lead soldered pipe joints, and leaded brass or bronze alloy fittings and fixtures, unless such fittings and fixtures meet the specifications of any standard established pursuant to 42 USC § 300g-6(e) (SDWA § 1417(e)).

(b) Solders and flux contain no more than 0.2% lead; and

(c) The weighted average of wetted surface of pipes, pipe fittings, plumbing fittings, and plumbing fixtures contain no more than 0.25% lead.

(2) Copper. To qualify for a full waiver, or a waiver of the tap water monitoring requirements for copper (i.e., a copper waiver), the owner shall provide certification and supporting documentation to the commissioner department that the waterworks contains no copper pipes or copper service lines.

b. Monitoring criteria for waiver issuance. The owner shall have completed at least one six-month round of standard tap water monitoring for lead and copper at sites approved by the commissioner department and from the number of sites required by subdivision B 3 of this section and demonstrate that the 90th percentile levels for any and all rounds of monitoring conducted since the owner became free of all lead-containing or copper-containing materials, as appropriate, meet the following criteria:

(1) Lead levels. To qualify for a full waiver, or a lead waiver, the owner shall demonstrate that the 90th percentile lead level does not exceed 0.005 mg/L.

(2) Copper levels. To qualify for a full waiver, or a copper waiver, the owner shall demonstrate that the 90th percentile copper level does not exceed 0.65 mg/L.

c. Commissioner Department approval of waiver application. The commissioner department shall notify the owner of the waiver determination, in writing, setting forth the basis of his the decision and any condition of the waiver. As a condition of the waiver, the commissioner department may require the owner to perform specific activities (e.g., limited monitoring, periodic outreach to customers to remind them to avoid installation of materials that might void the waiver) to avoid the risk of lead or copper concentration of concern in tap water. The owner of a small waterworks shall continue monitoring for lead and copper at the tap as required by subdivisions B 4 a through B 4 d of this section, as appropriate, until it receives written notification from the commissioner department that the waiver has been approved.

d. Monitoring frequency for owners with waivers.

(1) An The owner with a full waiver shall conduct tap water monitoring for lead and copper in accordance with subdivision B 4 d (4) of this section at the reduced number of sampling sites identified in subdivision B 3 of this section at least once every nine years and provide the materials certification specified in subdivision B 7 a of this section for both lead and copper to the commissioner department along with the monitoring results. Samples collected every nine years shall be collected no later than every ninth calendar year.

(2) An The owner with a partial waiver shall conduct tap water monitoring for the waived contaminant in accordance with subdivision B 4 d (4) of this section at the reduced number of sampling sites specified in subdivision B 3 of this section at least once every nine years and provide the materials certification specified in subdivision B 7 a of this section pertaining to the waived contaminant along with the monitoring results. Such an The owner also shall continue to monitor for the nonwaived contaminant in accordance with requirements of subdivisions B 4 a through B 4 d of this section, as appropriate.

(3) Any The owner with a full or partial waiver shall notify the district engineer department in writing in accordance with 12VAC5-590-530 F 1 c 12VAC5-590-532 B 3 of any upcoming long-term change in the treatment or addition of a new source water, as described in that section. The commissioner must review department shall evaluate and approve the addition of a new source water or a long-term change in water treatment before it is implemented by the owner. The commissioner department has the authority to require the owner to add or modify waiver conditions (e.g., require recertification that the waterworks is free of lead-containing or copper-containing materials; require additional round or rounds of monitoring), if it deems such these modifications are necessary to address treatment or source water changes at the waterworks.

(4) If an owner with a full or partial waiver becomes aware that it is no longer free of lead-containing or copper-containing materials, as appropriate, (e.g., as a result of new construction or repairs), then the owner shall notify the district engineer department in writing no later than 60 days after becoming aware of such a the change.

e. Continued eligibility. If the owner continues to satisfy the requirements of subdivision B 7 d of this section, then the waiver will be renewed automatically, unless any of the conditions listed in subdivisions B 7 e (1), B 7 e (2), or B 7 e (3) of this section occurs. An The owner whose waiver has been revoked may reapply for a waiver at such time as when it he again meets the appropriate materials and monitoring criteria of subdivisions B 7 a and B 7 b of this section.

(1) A waterworks with a full waiver or a lead waiver no longer satisfies the materials criteria of subdivision B 7 a (1) of this section or has a 90th percentile lead level greater than 0.005 mg/L.

(2) A waterworks with a full waiver or a copper waiver no longer satisfies the materials criteria of subdivision B 7 a (2) of this section or has a 90th percentile copper level greater than 0.65 mg/L.

(3) The commissioner department notifies the owner, in writing, that the waiver has been revoked, setting forth the basis of the decision.

f. Requirements following waiver revocation. A waterworks whose full or partial waiver has been revoked by the commissioner department is subject to the corrosion control treatment and lead and copper tap water monitoring requirements, as follows:

(1) If the waterworks exceeds the lead or copper action level AL, then the owner shall implement corrosion control treatment in accordance with the deadlines specified in 12VAC5-590-405 A 2 e and any other applicable requirements of this section.

(2) If the waterworks meets both the lead and the copper action level AL, then the owner shall monitor for lead and copper at the tap no less frequently than once every three years using the reduced number of sample sites specified in subdivision B 3 of this section.

g. Pre-existing waivers. Waivers for small waterworks approved by the commissioner in writing prior to before April 11, 2000, shall remain in effect under the following conditions:

(1) If the waterworks has demonstrated that it is both free of lead-containing and copper-containing materials, as required by subdivision B 7 a of this section and that its 90th percentile lead levels and 90th percentile copper levels meet the criteria of subdivision B 7 b of this section, then the waiver remains in effect so long as the owner continues to meet the waiver eligibility criteria of subdivision B 7 e of this section. The first round of tap water monitoring conducted pursuant to subdivision B 7 d of this section shall be completed no later than nine years after the last time the owner has monitored for lead and copper at the tap.

(2) If the waterworks has met the materials criteria of subdivision B 7 a of this section but has not met the monitoring criteria of subdivision B 7 b of this section, then the owner shall conduct one six-month round of standard tap water monitoring for lead and copper at sites approved by the commissioner department demonstrating that it meets the criteria of subdivision B 7 b of this section. Thereafter, the waiver shall remain in effect as long as the owner meets the continued eligibility criteria of subdivision B 7 e of this section. The first round of tap water monitoring conducted pursuant to subdivision B 7 d of this section shall be completed no later than nine years after the round of monitoring conducted pursuant to subdivision B 7 b of this section.

C. Monitoring requirements for water quality parameters. The owners of all large waterworks and all small and medium-size medium waterworks that exceed the lead or copper action level AL shall monitor for water quality parameters in addition to lead and copper in accordance with this section.

1. General requirements.

a. Sample collection methods.

(1) Tap samples shall be representative of water quality throughout the distribution system taking into account the number of persons served, the different sources of water, the different treatment methods employed by the waterworks, and seasonal variability. Tap sampling under this section is not required to be conducted at taps targeted for lead and copper sampling under subdivision B 1 of this section. Owners The owner may find it convenient to conduct tap sampling for water quality parameters at sites approved for coliform sampling.

(2) Samples collected at the entry point or points to the distribution system shall be from locations representative of each source water after treatment. If a waterworks draws water from more than one source water and the sources source waters are combined before distribution, then the owner shall sample at an entry point to the distribution system during periods of normal operating conditions (i.e., when water is representative of all sources source waters being used).

b. Number of samples.

(1) Owners The owner shall collect two tap samples from the standard monitoring number of sites given in Table 375.2 for applicable water quality parameters during each monitoring period specified under subdivision subdivisions C 2 through C 5 of this section from the following number of sites.

TABLE 375.2.

Water Quality Monitoring for Lead and Copper.

NUMBER OF SITES FOR WATER QUALITY PARAMETERS

  

System Size WATERWORKS SIZE

(Number of People Served)

Number of Sites for Water Quality Parameters STANDARD MONITORING

REDUCED MONITORING

 

greater Greater than 100,000

25

10

 

10,001 - 100,000

10

7

 

3,301 ‑ 10,000

3

3

 

501 ‑ 3,300

2

2

 

101 ‑ 500

1

1

 

less Less than or equal to 100

1

1

 

(2) Except as provided in subdivision C 3 c of this section, owners the owner shall collect two samples for each applicable water quality parameter at each entry point to the distribution system during each monitoring period specified in subdivision C 2 of this section. During each monitoring period specified in subdivision subdivisions C 3 through C 5 of this section, owners the owner shall collect one sample for each applicable water quality parameter at each entry point to the distribution system.

2. Initial sampling. The owners owner of all a large waterworks shall measure the applicable water quality parameters as specified below at taps and at each entry point to the distribution system during each six-month monitoring period specified in subdivision B 4 a of this section. The owners owner of all a small and or medium-size medium waterworks shall measure the applicable water quality parameters at the locations specified below during each six-month monitoring period specified in subdivision B 4 a of this section during which the waterworks exceeds the lead or copper action level AL.

a. At taps:

(1) pH;

(2) Alkalinity;

(3) Orthophosphate, when an inhibitor containing a phosphate compound is used;

(4) Silica, when an inhibitor containing a silicate compound is used;

(5) Calcium;

(6) Conductivity; and

(7) Water temperature.

b. At each entry point to the distribution system: all of the applicable parameters listed in subdivision C 2 a of this section.

3. Monitoring after installation of corrosion control. The owner of any a large waterworks which that installs optimal corrosion control treatment pursuant to 12VAC5-590-405 A 2 d (4) shall measure the water quality parameters at the locations and frequencies specified below during each six-month monitoring period specified in subdivision B 4 b (1) of this section. The owner of any a small or medium-size a medium waterworks that installs optimal corrosion control treatment shall conduct such monitoring during each six-month monitoring period specified in subdivision B 4 b (2) of this section in which the waterworks exceeds the lead or copper action level AL.

a. At taps, two samples for:

(1) pH;

(2) Alkalinity;

(3) Orthophosphate, when an inhibitor containing a phosphate compound is used;

(4) Silica, when an inhibitor containing a silicate compound is used; and

(5) Calcium, when calcium carbonate stabilization is used as part of corrosion control.

b. Except as provided in subdivision C 3 c of this section, at each entry point to the distribution system, at least one sample no less frequently than every two weeks (bi-weekly) (biweekly) for:

(1) pH;

(2) When alkalinity is adjusted as part of optimal corrosion control, a reading of the dosage rate of the chemical used to adjust alkalinity, and the alkalinity and the alkalinity concentration; and

(3) When a corrosion inhibitor is used as part of optimal corrosion control, a reading of the dosage rate of the inhibitor used, and the concentration of orthophosphate or silica (whichever is applicable).

c. The owner of any a groundwater waterworks system may limit entry point sampling described in subdivision C 3 b of this section to those entry points that are representative of water quality and treatment conditions throughout the waterworks. If water from untreated ground water groundwater sources mixes with water from treated ground water groundwater sources, then the owner shall monitor for water quality parameters both at representative entry points receiving treatment and representative entry points receiving no treatment. Prior to Before the start of any monitoring under this subdivision, the owner shall provide to the commissioner department written information identifying the selected entry points and documentation, including information on seasonal variability, sufficient to demonstrate that the sites are representative of water quality and treatment conditions throughout the waterworks.

4. Monitoring after the commissioner department specifies water quality parameter values for optimal corrosion control. After the commissioner department specifies the values for applicable water quality control parameters reflecting optimal corrosion control treatment under 12VAC5-590-405 A 1 f, the owners owner of all a large waterworks shall measure the applicable water quality parameters in accordance with subdivision C 3 of this section and determine compliance with the requirements of 12VAC5-590-405 A 1 g every six months with the first six-month period to begin on either January 1 or July 1, whichever comes first, after the commissioner department specifies the optimal values under 12VAC5-590-405 A 1 f. The owner of any a small or medium-size a medium waterworks shall conduct such monitoring during each six-month monitoring period specified in this subdivision in which the waterworks exceeds the lead or copper action level AL. For the owner of any such a small and or medium-size a medium waterworks that is subject to a reduced monitoring frequency pursuant to subdivision B 4 d of this section at the time of the action level AL exceedance, the start of the applicable six-month period under this subdivision shall coincide with the start of the applicable monitoring period under subdivision B 4 d of this section. Compliance with the commissioner-designated department-designated optimal water quality parameter values shall be determined as specified under 12VAC5-590-405 A 1 g.

5. Reduced monitoring.

a. The owner of any a waterworks that maintains the range of values for the water quality parameters reflecting optimal corrosion control treatment during each of two consecutive six-month monitoring periods under subdivision C 4 of this section shall continue monitoring at the entry point or points to the distribution system as specified in subdivision C 3 b of this section. The owner of such the waterworks may collect two tap samples for applicable water quality parameters from the following reduced number of sites during each six-month monitoring period shown in Table 375.2.

 

 

Size of Water System (Number of People Served)

Reduced Number of WQP Monitoring Sites

 

greater than 100,000

10

 

10,001 to 100,000

7

 

3,301 to 10,000

3

 

501 to 3,300

2

 

101 to 500

1

 

less than or equal to 100

1

 

b. The owner of any a waterworks that maintains the range of values for the water quality parameters reflecting optimal corrosion control treatment specified by the commissioner department under 12VAC5-590-405 A 1 f during three consecutive years of monitoring may reduce the frequency with which the owner collects the number of tap samples for applicable water quality parameters specified in subdivision C 5 of this section from every six months to annually. This sampling begins during the calendar year immediately following the end of the monitoring period in which the third consecutive year of six-month monitoring occurs. The owner of any a waterworks that maintains the range of values for the water quality parameters reflecting optimal corrosion control treatment specified by the commissioner department under 12VAC5-590-405 A 1 f during three consecutive years of annual monitoring under this subdivision may reduce the frequency with which it collects the number of tap samples for applicable water quality parameters specified in subdivision C 5 a of this section from annually to every three years. This sampling begins during the calendar year immediately following the end of the monitoring period in which the third consecutive year of six-month monitoring occurs.

c. The owner of a waterworks may reduce the frequency with which tap samples are collected for applicable water quality parameters specified in subdivision C 5 a of this section to every three years if the owner demonstrates during two consecutive monitoring periods that the tap water lead level at the 90th percentile is less than or equal to the PQL for lead (0.005 mg/L), that the tap water copper level at the 90th percentile is less than or equal to 0.65 mg/L for copper, and that the owner also has maintained the range of values for water quality parameters reflecting optimal corrosion control treatment specified by the commissioner department under 12VAC5-590-405 A 1 f. Monitoring conducted every three years shall be done no later than every third calendar year.

d. The owner of a waterworks that conducts sampling annually shall collect these samples evenly throughout the year so as to reflect seasonal variability.

e. The owner of any a waterworks subject to the reduced monitoring frequency that fails to operate at or above the minimum value or within the range of values for the water quality parameters specified by the commissioner department under 12VAC5-590-405 A 1 f for more than nine days in any six-month period specified in 12VAC5-590-405 A 1 g shall resume distribution system tap water sampling in accordance with the number and frequency requirements in subdivision C 4 of this section. Such an The owner may resume annual monitoring for water quality parameters at the tap at the reduced number of sites specified in subdivision C 5 of this section after completion of two subsequent consecutive six-month rounds of monitoring that meet the criteria of that subdivision or may resume triennial monitoring for water quality parameters at the tap at the reduced number of sites after demonstration through subsequent rounds of monitoring that the criteria of either subdivision C 5 b or C 5 c of this section has been met.

6. Additional monitoring by owners. The results of any monitoring conducted in addition to the minimum requirements of this section shall be considered by the owner and the commissioner department in making any determinations under this section or 12VAC5-590-405 A 1.

D. Monitoring requirements for lead and copper in water supplies (source water).

1. Sample location, collection methods, and number of samples.

a. The owner of a waterworks that fails to meet the lead or copper action level AL on the basis of tap samples collected in accordance with subsection A of this section shall collect lead and copper water supply source water samples in accordance with the following requirements regarding sample location, number of samples, and collection methods:

(1) The owner of a waterworks served by groundwater sources shall take collect a minimum of one sample at every entry point to the distribution system that is representative of each well after treatment (hereafter called a sampling point). The owner shall take collect one sample at the same sampling point unless conditions make another sampling point more representative of each source water or water treatment plant.

(2) The owner of a waterworks served by surface water sources shall take collect a minimum of one sample at every entry point to the distribution system after any application of treatment or in the distribution system at a point that is representative of each source after treatment (hereafter called a sampling point). The owner shall take collect each sample at the same sampling point unless conditions make another sampling point more representative of each source water or water treatment plant. Note that for the purpose of this subdivision, a waterworks served by a surface water source includes waterworks served by a combination of surface water and ground groundwater sources.

(3) If a waterworks draws water from more than one source waters and the sources source waters are combined before distribution, then the owner shall collect samples at an entry point to the distribution system during periods of normal operating conditions (i.e., when water is representative of all sources source waters being used).

(4) The commissioner department may reduce the total number of samples that must be analyzed by allowing the use of compositing. Compositing of samples shall be done by certified laboratory personnel. Composite samples from a maximum of five samples are allowed, provided that if the lead concentration in the composite sample is greater than or equal to 0.001 mg/L or the copper concentration is greater than or equal to 0.160 mg/L, then either a follow-up sample shall be collected and analyzed within 14 days at each sampling point included in the composite or if duplicates of or sufficient quantities from the original samples from each sampling point used in the composite are available, then the owner may use these instead of resampling.

b. Where the results of sampling indicate an exceedance of maximum permissible water supply source water levels established under 12VAC5-590-405 B 4, the commissioner department may require that one additional sample be collected as soon as possible after the initial sample was taken  collected (but not to exceed two weeks) at the same sampling point. If a commissioner required confirmation sample required by the department is taken  collected for lead or copper, then the results of the initial and confirmation sample shall be averaged in determining compliance with the commissioner-specified department-specified maximum permissible levels. Any A sample value below the method detection limit MDL shall be considered to be zero. Any A value above the method detection limit MDL but below the PQL shall either be considered as the measured value or be considered one-half the PQL. The PQL for lead is equal to 0.005 mg/L, and the PQL for copper is equal to 0.050 mg/L.

2. Monitoring frequency after a waterworks exceeds  a tap action level AL. The owner of any a waterworks which that exceeds the lead or copper action level AL at the tap shall collect one water supply source water sample from each entry point to the distribution system no later than six months after the end of the monitoring period during which the lead or copper action level AL was exceeded. For monitoring periods that are annual or less frequent, the end of the monitoring period is September 30 of the calendar year in which the sampling occurs, or if the commissioner department has established an alternate monitoring period, the last day of that period.

3. Monitoring frequency after installation of water supply source water treatment. The owner of any a waterworks that installs water supply source water treatment pursuant to 12VAC5-590-405 B 1 c shall collect an additional source water supply sample from each entry point to the distribution system during two consecutive six-month monitoring periods by the deadline specified in 12VAC5-590-405 B 1 d.

4. Monitoring frequency after the commissioner department specifies maximum permissible water supply source water lead and copper levels or determines that water supply source water treatment is not needed.

a. An The owner shall monitor at the frequency specified below in cases where the commissioner department specifies maximum permissible water supply source water lead and copper levels under 12VAC5-590-405 B 1 e or determines that the owner is not required to install water supply source water treatment under 12VAC5-590-405 B 2 b.

(1) The owner of a waterworks using only groundwater shall collect samples once during the three-year compliance period in effect when the applicable commissioner department determination under subdivision D 4 a of this section is made. Owners of such these waterworks The owner shall collect samples once during each subsequent compliance period. Triennial samples shall be collected every third calendar year.

(2) The owner of a waterworks using surface water (or a combination of surface and groundwater) (or a combination of surface water and groundwater sources) shall collect samples once during each year, the first annual monitoring period to begin during the year in which the applicable commissioner department determination is made under subdivision D 4 a of this section.

b. An The owner is not required to conduct water supply source water sampling for lead or copper if the waterworks meets the action level AL for the specific contaminant in tap water samples during the entire water supply source water sampling period applicable to the waterworks under subdivision D 4 a (1) or D 4 a (2) of this section.

5. Reduced monitoring frequency.

a. The owner of a waterworks using only groundwater may reduce the monitoring frequency for lead and copper in water supplies source waters to once during each nine-year compliance cycle provided that the samples are collected no later than every ninth calendar year and if the owner meets one of the following criteria:

(1) The owner demonstrates that the finished drinking water entering the distribution system has been maintained below the maximum permissible lead and copper concentrations specified by the commissioner department under 12VAC5-590-405 B 1 e during at least three consecutive compliance periods under subdivision D 4 a of this section; or

(2) The commissioner department has determined that water supply source water treatment is not needed and the owner demonstrates that, during the last three consecutive compliance periods in which sampling was conducted under subdivision D 4 a of this section, the concentration of lead in the water supply source water was less than or equal to 0.005 mg/L and the concentration of copper in the water supply source water was less than or equal to 0.65 mg/L.

b. The owner of a waterworks using surface water (or a combination of surface and ground waters) (or a combination of surface water and groundwater sources) may reduce the monitoring frequency for lead and copper in water supplies source waters to once during each nine-year compliance cycle provided that the samples are collected no later than every ninth calendar year and if the owner meets one of the following criteria:

(1) The owner demonstrates that finished drinking water entering the distribution system has been maintained below the maximum permissible lead and copper concentrations specified by the commissioner department under 12VAC5-590-405 B 1 e for at least three consecutive years; or

(2) The commissioner department has determined that water supply source water treatment is not needed and the owner demonstrates that, during the last three consecutive years, the concentration of lead in the water supply source water was less than or equal to 0.005 mg/L and the concentration of copper in the water supply source water was less than or equal to 0.65 mg/L.

c. Owners The owner of a waterworks that uses a new water supply source water is not eligible for reduced monitoring for lead or copper until concentrations in samples collected from the new supply source water during three consecutive monitoring periods are below the maximum permissible lead and copper concentrations specified in 12VAC5-590-405 B 1 e.

12VAC5-590-376. Surface water and GUDI sources treatment monitoring.

A. The owner of a waterworks that uses either a surface water source or a GUDI source or both and provides filtration treatment shall monitor in accordance with this section.

B. Turbidity measurements shall be performed on representative samples of the filtered water every four hours (or more frequently) that the waterworks serves water to the public. The owner may substitute continuous turbidity monitoring for grab sample monitoring if he validates the continuous measurement for accuracy on a regular basis using a protocol approved by the department. For a waterworks using slow sand filtration or filtration treatment other than conventional treatment, direct filtration, or diatomaceous earth filtration, the department may reduce the sampling frequency to once per day if the department determines that less frequent monitoring is sufficient to indicate effective filtration performance. For a waterworks serving 500 or fewer persons, the department may reduce the turbidity sampling frequency to once per day, regardless of the type of filtration treatment used, if the department determines that less frequent monitoring is sufficient to indicate effective filtration performance.

1. The owner of a waterworks supplied by either a surface water source or a GUDI source or both using conventional filtration treatment or direct filtration shall conduct continuous monitoring of turbidity for each individual filter. The turbidimeter shall be calibrated using the procedure specified by the turbidimeter manufacturer. The owner shall record the results of individual filter turbidity monitoring a minimum of every 15 minutes.

2. If there is a failure in the continuous turbidity monitoring equipment, then the owner shall conduct grab sampling every four hours instead of continuous monitoring but for no more than five working days (for a waterworks serving 10,000 or more persons) or 14 days (for a waterworks serving less than 10,000 persons) following the failure of the equipment.

3. If a waterworks serving less than 10,000 persons consists of two or fewer filters, continuous monitoring of the CFE may be used instead of individual filter monitoring.

C. The residual disinfectant concentration of the water entering the distribution system shall be monitored continuously, and the lowest and highest values shall be recorded each day. If there is a failure in the continuous monitoring equipment, then grab sampling every four hours shall be conducted instead of continuous monitoring, but for no more than five working days following the failure of the equipment. The owner of a waterworks serving 3,300 or fewer persons may collect grab samples instead of continuous monitoring on an ongoing basis at the frequencies prescribed in Table 376.1.

1. The day's samples cannot be collected at the same time.

2. The sampling intervals are subject to department's evaluation and approval.

3. If at any time the residual disinfectant concentration falls below 0.2 mg/L in a waterworks using grab sampling instead of continuous monitoring, then the owner shall collect a grab sample every four hours until the residual disinfectant concentration is equal to or greater than 0.2 mg/L.

 

Table 376.1.
Grab Sample Monitoring Frequency

WATERWORKS SIZE BY POPULATION

SAMPLES/DAY

500 or less

1

501 ‑ 1,000

2

1,000 ‑ 2,500

3

2,501 ‑ 3,300

4

 

D. The residual disinfectant concentration shall be measured at least at the same points in the distribution system and at the same time as total coliform bacteria are sampled, as specified in 12VAC5-590-370 A and12VAC5-590-380 D, except that the department may allow the owner of a waterworks that uses a groundwater source along with either a surface water source or a GUDI source or both to collect residual disinfectant samples at points other than the total coliform sampling points if the department determines that these points are more representative of treated (disinfected) water quality within the distribution system. Heterotrophic bacteria, measured as HPC as specified in 12VAC5-590-395 A 2 a (3), may be measured instead of residual disinfectant concentration.

E. The following information on the samples collected in the distribution system in conjunction with total coliform monitoring pursuant to 12VAC5-590-395 A 2 shall be reported monthly to the department by the owner:

1. Number of instances where the residual disinfectant concentration is measured;

2. Number of instances where the residual disinfectant concentration is not measured but HPC is measured;

3. Number of instances where the residual disinfectant concentration is measured but not detected and no HPC is measured;

4. Number of instances where no residual disinfectant concentration is detected and where the HPC is greater than 500/mL;

5. Number of instances where the residual disinfectant concentration is not measured and HPC is greater than 500/mL; and

6. For the current and previous month the waterworks serves water to the public, the value of "V," in percent, in the following formula:

V = [(c + d + e) / (a + b)] X 100

where

a = the value in subdivision E 1 of this section;

b = the value in subdivision E 2 of this section;

c = the value in subdivision E 3 of this section;

d = the value in subdivision E 4 of this section;

e = the value in subdivision E 5 of this section.

12VAC5-590-377. Physical constituent monitoring.

A. Color, odor, pH, and total dissolved solids. Monitoring to determine compliance with the SMCLs for these constituents specified in Table 340.3 shall be conducted as follows:

1. The owner shall collect one sample at each groundwater source entry point during each compliance period.

2. The owner shall collect one sample annually at each surface water source entry point, in whole or in part.

B. Onsite daily turbidity measurements may be required to be performed on representative samples collected at each entry point for groundwater sources not required to filter, to determine compliance set forth in 12VAC5-590-379 B. The turbidity monitoring requirements for a waterworks required to filter are specified in 12VAC5-590-376 B.

12VAC5-590-378. Radiological monitoring.

A. The location of sampling points, the radionuclides measured in community waterworks, the frequency, and the timing of sampling within each compliance period shall be established or approved by the department. The department may increase required monitoring where necessary to detect variations within the waterworks. Failure to comply with the sampling schedules in this section will require public notification pursuant to 12VAC5-590-540 A 3.

B. The owner of a community waterworks shall conduct monitoring to determine compliance with the PMCLs listed in Table 340.4 and 12VAC5-590-388 in accordance with this section.

1. Monitoring requirements for gross alpha particle activity, radium-226, radium-228, and uranium.

a. The owner shall conduct initial monitoring to determine compliance with the PMCLs listed in Table 340.4 for gross alpha particle activity, radium-226, radium-228, and uranium. For the purposes of monitoring for gross alpha particle activity, radium-226, radium-228, uranium, and beta particle and photon radioactivity in drinking water, "detection limit" is defined as specified in Table 378.1.

(1) Applicability and sampling location for an existing community waterworks or its sources. The owner using groundwater, surface water, or both groundwater and surface water shall sample at every entry point to the distribution system that is representative of all sources being used under normal operating conditions. The owner shall collect each sample at the same entry point unless conditions make another sampling point more representative of each source.

(2) Applicability and sampling location for a new community waterworks or its sources. A new community waterworks or a community waterworks that uses a new source water shall begin to conduct initial monitoring for the new source water within the first quarter after initiating use. The owner shall conduct more frequent monitoring when directed by the department in the event of possible contamination or when changes in the distribution system or treatment processes occur that may increase the concentration of radioactivity in the finished water.

b. Initial monitoring: The owner shall conduct initial monitoring for gross alpha particle activity, radium-226, radium-228, and uranium as follows:

(1) The owner shall collect four consecutive quarterly samples at all entry points.

(2) For gross alpha particle activity, uranium, radium-226, and radium-228 monitoring, the department may waive the final two quarters of initial monitoring for an entry point if the results of the samples from the previous two quarters are below the detection limit as defined by and as specified in Table 378.1.

(3) If the average of the initial monitoring results for an entry point is above the PMCL, then the owner shall collect and analyze quarterly samples at that entry point until the owner has results from four consecutive quarters that are at or below the PMCL, unless the owner enters into another schedule as part of a formal compliance agreement with the department.

c. Reduced monitoring: The department may allow the owner to reduce the future frequency of monitoring from once every three years to once every six or nine years at each entry point, based on the following criteria:

(1) If the average of the initial monitoring results for each contaminant (i.e., gross alpha particle activity, uranium, radium-226, or radium-228) is below the detection limit as specified in Table 378.1, then the owner shall collect and analyze for that contaminant using at least one sample at that entry point every nine years.

(2) For gross alpha particle activity, combined radium, and uranium, if the average of the initial monitoring results for each contaminant is at or above the detection limit as specified in Table 378.1, but at or below 1/2 of the PMCL, then the owner shall collect and analyze for that contaminant using at least one sample at that entry point every six years.

(3) For gross alpha particle activity, combined radium, and uranium, if the average of the initial monitoring results for each contaminant is above 1/2 the PMCL but at or below the PMCL, then the owner shall collect and analyze at least one sample at that entry point every three years.

(4) The owner shall use the samples collected during the reduced monitoring period to determine the monitoring frequency for subsequent monitoring periods (e.g., if a waterworks' entry point is on a nine-year monitoring period, and the sample result is above 1/2 the PMCL, then the next monitoring period for that entry point is three years).

(5) If the owner has a monitoring result that exceeds the PMCL while on reduced monitoring, then he shall collect and analyze quarterly samples at that entry point until the results from four consecutive quarters are below the PMCL, unless the waterworks enters into another schedule as part of a formal compliance agreement with the department.

d. Compositing: To fulfill quarterly monitoring requirements for gross alpha particle activity, radium-226, radium-228, or uranium, the owner may composite up to four consecutive quarterly samples from a single entry point if analysis is done within a year of the first sample. The department will treat analytical results from the composited sample as the average analytical result to determine compliance with the PMCLs and the future monitoring frequency. If the analytical result from the composited sample is greater than 1/2 the PMCL, then the department may direct the owner to collect additional quarterly samples before allowing the owner to sample under a reduced monitoring schedule.

e. A gross alpha particle activity measurement may be substituted for the required radium-226 measurement provided that the measured gross alpha particle activity does not exceed 5 pCi/L. A gross alpha particle activity measurement may be substituted for the required uranium measurement provided that the measured gross alpha particle activity does not exceed 15 pCi/L. The gross alpha measurement shall have a confidence interval of 95% (1.65 σ, where σ is the standard deviation of the net counting rate of the sample) for radium-226 and uranium. When an owner uses a gross alpha particle activity measurement instead of a radium-226 or uranium measurement, the gross alpha particle activity analytical result will be used to determine the future monitoring frequency for radium-226 or uranium. If the gross alpha particle activity result is less than the detection limit as specified in Table 378.1, then 1/2 the detection limit will be used to determine compliance and the future monitoring frequency.

2. Monitoring requirements for beta particle and photon radioactivity. To determine compliance with the PMCL in Table 340.4 for beta particle and photon radioactivity, an owner shall monitor at a frequency as follows:

a. The owner (using surface or groundwater) (using surface water or groundwater sources) designated by the department as vulnerable shall sample for beta particle and photon radioactivity. The owner shall collect quarterly samples for beta emitters and annual samples for tritium and strontium-90 at each entry point to the distribution system, beginning within one quarter after being notified by the department. A waterworks already designated by the department shall continue to sample until the department evaluates and either reaffirms or removes the designation.

(1) If the gross beta particle activity minus the naturally occurring potassium-40 beta particle activity at an entry point has a RAA (computed quarterly) less than or equal to 50 pCi/L (screening level), then the department may reduce the frequency of monitoring at that entry point to once every three years. The owner shall collect all samples required in subdivision B 2 a of this section during the reduced monitoring period.

(2) For a waterworks in the vicinity of a nuclear facility, the department  may allow the owner to utilize environmental surveillance data collected by the nuclear facility instead of monitoring at the waterworks' entry point or points, where the department determines the data is applicable to a particular waterworks. In the event that there is a release from a nuclear facility, the owner who is using surveillance data shall begin monitoring at the waterworks' entry point or points in accordance with subdivision B 2 a of this section.

b. The owner (using either a surface water or a groundwater source or both) designated by the department as utilizing waters contaminated by effluents from nuclear facilities shall sample for beta particle and photon radioactivity. The owner shall collect quarterly samples for beta emitters and iodine-131 and annual samples for tritium and strontium-90 at each entry point to the distribution system, beginning within one quarter after being notified by the department. The owner of a waterworks already designated by the department as using waters contaminated by effluents from nuclear facilities shall continue to sample until the department evaluates and either reaffirms or removes the designation.

(1) 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 procedure is recommended.

(2) For iodine-131, a composite of five consecutive daily samples shall be analyzed once each quarter. As directed by the department, more frequent monitoring shall be conducted when iodine-131 is identified in the finished water.

(3) Annual monitoring for strontium-90 and tritium shall be conducted by means of the analysis of a composite of four consecutive quarterly samples or analysis of four quarterly samples. The latter procedure is recommended.

(4) If the gross beta particle activity minus the naturally occurring potassium-40 beta particle activity at a sampling point has a RAA (computed quarterly) less than or equal to 15 pCi/L (screening level), then the department may reduce the frequency of monitoring at that sampling point to every three years. The owner shall collect all samples required in subdivision B 2 b of this section during the reduced monitoring period.

(5) For a waterworks in the vicinity of a nuclear facility, the department may allow the owner to utilize environmental surveillance data collected by the nuclear facility instead of the monitoring at the waterworks' entry point or points, where the department determines the data is applicable to a particular waterworks. In the event that there is a release from a nuclear facility, the owner who is using surveillance data shall begin monitoring at the waterworks' entry point or points in accordance with subdivision B 2 b of this section.

c. The owner of a waterworks designated by the department to monitor for beta particle and photon radioactivity cannot apply to the department for a waiver from the monitoring frequencies specified in subdivision B 2 a or B 2 b of this section.

d. The owner may analyze for naturally occurring potassium-40 beta particle activity from the same or equivalent sample used for the gross beta particle activity analysis. The owner is allowed to subtract the potassium-40 beta particle activity value from the total gross beta particle activity value to determine if the screening level is exceeded. The potassium-40 beta particle activity shall be calculated by multiplying elemental potassium concentrations (in mg/L) by a factor of 0.82.

e. If the gross beta particle activity minus the naturally occurring potassium-40 beta particle activity exceeds the appropriate screening level, then an analysis of the sample shall be performed to identify the major radioactive constituents present in the sample and the appropriate doses shall be calculated and summed to determine compliance with the PMCL for beta particles and photon radioactivity. Doses shall also be calculated and combined for measured levels of tritium and strontium to determine compliance.

f. The owner shall monitor monthly at the entry point or points that exceed the PMCLs listed in Table 340.4 beginning the month after the exceedance occurs. The owner shall continue monthly monitoring until the waterworks has established, by a rolling average of three monthly samples, that the PMCL is being met. The owner who establishes that the PMCL is being met shall return to quarterly monitoring until the requirements set forth in subdivision B 2 a (1) or B 2 b (4) of this section are met.

3. General monitoring requirements for radionuclides.

a. The department may require more frequent monitoring than specified in subdivisions B 1 and B 2 of this section, or may require confirmation samples at the department's discretion. The results of the initial and confirmation samples shall be averaged for use in compliance determinations.

b. The owner shall monitor at the time designated by the department during each compliance period.

c. The department has the discretion to delete results of obvious sampling or analytic errors.

d. Table 378.1 provides the minimum detection limits for radiological analyses.

TABLE 378.1.

Minimum Detection Limits for Radiological Analyses

CONTAMINANT

DETECTION LIMIT

(pCi/L unless otherwise noted)

Gross alpha

3

Gross beta

4

Cesium-134

10

Iodine-131

1

Radium-226

1

Radium 228

1

Strontium-89

10

Strontium-90

2

Tritium

1,000

Uranium

1 (µg/L)

12VAC5-590-379. Groundwater waterworks system monitoring.

A. General monitoring requirements.

1. Owners The owner of a groundwater waterworks system, including consecutive and wholesale waterworks, shall conduct monitoring in accordance with this section, except that requirements do not apply to waterworks that combine all of their groundwater sources with surface water sources or with groundwater under the direct influence of surface water GUDI sources prior to before treatment in accordance with 12VAC5-590-420 12VAC5-590-395.

2. Source water monitoring for owners of by the owner of a groundwater waterworks system that do does not provide 4-log treatment of viruses for their groundwater sources before or at the first customer are is described in subsection B of this section.

3. Owners of The owner of a groundwater waterworks system that provide provides at least 4-log treatment of viruses before or at the first customer are is required to conduct compliance monitoring in accordance with 12VAC5-590-421 C.

4. Owners The owner of a groundwater waterworks system that have has confirmed fecal E. coli contamination, as determined by source water monitoring conducted under subsection B of this section or have been notified of a significant deficiency as described in 12VAC5-590-350 D, shall implement one or more of the corrective actions outlined in 12VAC5-590-421 A 1, as prescribed by the commissioner department.

5. Owners The owner of a groundwater waterworks system that do does not provide 4-log treatment of viruses before or at the first customer, and are is not performing compliance monitoring, shall provide a triggered source water monitoring plans plan to the commissioner department.

6. Any source water sample collected in accordance with this section shall be analyzed for E. coli using one of the analytical methods in 40 CFR 141.402(c).

B. Groundwater source microbial monitoring.

1. Triggered source water monitoring.

a. General requirements. Groundwater waterworks owners The groundwater system owner shall conduct triggered source water monitoring if both the conditions identified in subdivisions B 1 a (1) and B 1 a (2) of this section exist.

(1) The groundwater waterworks system owner does not provide at least 4-log treatment of viruses before or at the first customer for each groundwater source; and

(2) The groundwater waterworks system owner is notified that a sample collected under 12VAC5-590-370 A is total coliform-positive coliform positive and the sample is not invalidated under 12VAC5-590-380 E.

b. Sampling requirements. Groundwater waterworks owners The groundwater system owner shall collect, within 24 hours of notification of the total coliform-positive sample, one groundwater source water sample from each groundwater source in use at the time the total coliform-positive sample was collected under 12VAC5-590-370 A, except as provided in this subdivision B 1 b.

(1) The commissioner department may extend the 24-hour time limit on a case-by-case basis if the owner cannot collect the groundwater source water sample within 24 hours due to circumstances beyond his control. In the case of an extension, the commissioner department shall specify how much time the owner has to collect the sample.

(2) If approved by the commissioner department, the owners owner of a waterworks with more than one groundwater source may meet the requirements of this subdivision B 1 by sampling a representative groundwater source or sources. Owners The owner shall submit, for the commissioner's department's approval, a triggered source water monitoring plan that identifies one or more groundwater sources that are representative of each monitoring site in the waterworks' bacteriological sample siting report or that identifies groundwater sources that are hydro-geologically hydrogeologically similar and clearly identifies which sources will be sampled.

(3) A groundwater system serving 1,000 people or fewer may use a triggered source water sample collected from a groundwater source to meet both the requirements of 12VAC5-590-380 and to satisfy the monitoring requirements of this subdivision B 1 for a groundwater source.

c. Additional requirements.

(1) If an E. coli-positive triggered source water sample collected under this subdivision B 1 is not invalidated under subdivision B 2 of this section, then the groundwater waterworks system owner shall provide public notification and collect five additional source water samples from the same source within 24 hours of being notified of the E. coli-positive sample.

(a) If the E. coli-positive triggered source water sample is also used as a repeat sample, then an E. coli PMCL violation is incurred under 12VAC5-590-380 B 1 a.

(b) If a waterworks takes collects more than one repeat sample at the monitoring location required for triggered source water monitoring, then the number of additional source water samples required under subdivision B 1 c (1) of this section may be reduced by the number of repeat samples taken collected at that location that were not E. coli positive.

(2) If any of the five additional samples are E. coli positive, the groundwater system owner shall comply with the treatment technique requirements of 12VAC5-590-421.

d. Consecutive and wholesale waterworks.

(1) A consecutive groundwater waterworks system owner that who has a total coliform-positive sample collected in accordance with 12VAC5-590-370 A shall notify the wholesale waterworks owner and the district engineer department within 24 hours of being notified of the total coliform-positive sample.

(2) A The wholesale groundwater waterworks system owner shall comply with the following:

(a) A The wholesale groundwater waterworks system owner that who receives notice from a consecutive waterworks it serves that a sample collected in accordance with 12VAC5-590-370 A is total coliform-positive coliform positive shall, within 24 hours of being notified, collect a sample from its groundwater source(s) source or sources as described in subdivision B 1 of this section.

(b) If the sample collected under this subdivision B 1 is E. coli-positive, then the wholesale groundwater system owner shall within 24 hours notify all consecutive waterworks served by that groundwater source of the E. coli coli-positive source water positive sample as described in 12VAC5-590-540 and shall meet the requirements of subdivision B 1 c of this section.

e. Exception to the triggered source water monitoring requirements. A groundwater system owner is not required to comply with the source water monitoring requirements of this subdivision B 1 if the commissioner  department determines, and documents in writing, that:

(1) The total coliform-positive sample collected in accordance with 12VAC5-590-370 A is invalidated under 12VAC5-590-380 E.

(2) The total coliform-positive sample collected in accordance with 12VAC5-590-370 A is caused by a distribution system deficiency (sanitary defect).

(3) The total coliform-positive sample collected in accordance with 12VAC5-590-370 A was caused by distribution system conditions that will cause total coliform-positive samples.

2. Invalidation of an E. coli-positive groundwater source sample.

a. A The groundwater waterworks system owner may obtain the commissioner's department's invalidation of an E. coli-positive groundwater source sample collected under subdivision B 1 of this section only under the conditions specified in subdivisions B 2 a (1) and B 2 a (2) of this section:

(1) The groundwater waterworks system owner provides the commissioner department with written notice from the laboratory that improper sample analysis occurred; or

(2) The commissioner department determines and documents in writing that there is substantial evidence that the E. coli-positive groundwater source sample is not related to source water quality.

b. If the commissioner department invalidates an E. coli positive coli-positive groundwater source sample, then the groundwater system owner shall collect another source water sample under subdivision B 1 of this section within 24 hours of being notified by the commissioner department of the invalidation decision and have it analyzed for E. coli.

3. Sampling location. All groundwater source samples required under subdivision B 1 of this section shall be collected at a location prior to before any treatment of the groundwater source unless otherwise approved by the commissioner department.

4. Public notification. The owner of a groundwater waterworks system with a source water sample collected under this subsection that is E. coli positive and that is not invalidated under subdivision B 2 of this section, including consecutive waterworks served by the groundwater source, shall conduct public notification as required in 12VAC5-590-540 A 1.

5. Monitoring violations. Failure to meet the monitoring requirements of subdivision B 1 of this section is a violation and requires the groundwater waterworks system owner to provide public notification as required in 12VAC5-590-540 A 3.

C. Monitoring requirements for source water.

1. The owner of a groundwater source utilizing chlorine disinfection or any other treatment or chemical addition that may alter or affect the bacteriological quality of the source water shall collect source water samples for bacteriological analysis in accordance with this section.

2. All bacteriological samples under this section shall be collected from the source water before any treatment or chemical addition.

a. The owner shall provide a suitable source water sample tap at each groundwater source.

b. If conditions indicate that it is not possible to install a source water sample tap, then an alternate sample location acceptable to the department may be utilized for this monitoring.

3. All samples shall be analyzed by a test method that will yield a Most Probable Number (MPN) result for both total coliforms and E. coli.

4. Number of samples.

a. The number of routine source water samples to be collected and the frequency of sampling shall be determined by the department. The department will notify the owner of the source water sampling requirements.

b. As a minimum, the owner shall collect source water samples in accordance with Table 379.1.

TABLE 379.1.

Monitoring Requirements for Source Water Samples.

SOURCE TYPE

MINIMUM ROUTINE SOURCE WATER MONITORING FREQUENCY

PARAMETERS

Well located in non-karst geology

One sample per year

Total coliforms MPN

and E coli MPN

Well located in karst geology

One sample per calendar quarter

Total coliforms MPN

and E coli MPN

Spring

One sample per month

Total coliforms MPN

and E coli MPN

 c. When a single sample result from a groundwater source that requires a routine source water monitoring frequency of less than monthly indicates total coliforms in excess of 50 colonies/100 mL or the presence of E. coli, the owner shall collect one confirmation sample within seven calendar days after notification of the results.

d. The department may require that additional source water samples be collected and will establish the specific number of samples and the monitoring frequency.

12VAC5-590-380. Bacteriological quality compliance.

A. Analytical methodology.

1. The standard sample volume for the coliform test shall consist of 100 milliliters, regardless of the analytical method used.

2. Owners The owner need needs only to determine the presence or absence of total coliforms and E. coli; a determination of total coliform density is not required for routine bacteriological monitoring at entry points or distribution system locations.

3. The time from sample collection to initiation of test medium incubation shall not exceed 30 hours.

4. Owners are encouraged but not required to hold samples below 10oC during transit.

5. If water having residual chlorine (measured as free, combined, or total chlorine) is to be analyzed, sufficient sodium thiosulfate (Na2S2O3) shall be added to the sample bottle before sterilization to neutralize any residual chlorine in the water sample.

B. PMCLs for microbial contaminants.

1. A waterworks is in compliance with the PMCL for E. coli unless any of the conditions identified in this subdivision occur. A violation may pose an acute risk to public health and is a Tier 1 condition requiring public notification as described in 12VAC5-590-540 A 1 when:

a. A repeat sample following a total coliform-positive routine sample is E. coli positive;

b. A repeat sample following an E. coli-positive routine sample is total coliform positive;

c. The owner fails to take collect all required repeat samples following an E. coli-positive routine sample; or

d. The owner fails to test for E. coli when any repeat sample tests positive for total coliform.

2. Compliance shall be determined with the PMCL for E. coli for each monitoring period for which monitoring for total coliforms is required.

C. The best available technology BAT, treatment techniques, or other means available for achieving compliance with the PMCL for E. coli shall be:

1. Protection of wells from contamination by coliforms by appropriate placement, and construction, and maintenance of the wells;

2. Maintenance of a detectable disinfectant residual disinfectant throughout the distribution system;

3. Proper maintenance of the distribution system including appropriate pipe replacement and repair procedures, water main flushing programs, proper operation and maintenance of storage tanks and reservoirs, continual maintenance of positive water pressure in all parts of the distribution system, and an approved cross connection cross-connection control program;

4. Filtration and disinfection of either a surface water source or surface influenced groundwater a GUDI source or both; and

5. Disinfection of groundwater using strong oxidants such as chlorine, chlorine dioxide, or ozone.

D. A total coliform-positive result is indicative of a breakdown in the protective barriers and shall be cause for repeat monitoring and special follow-up action to locate and eliminate the cause of contamination.

1. For each routine sample found to be total coliform positive, the waterworks owner shall collect a set of three repeat samples within 24 hours of being notified of the positive result. The commissioner department may extend the 24-hour limit on a case-by-case basis. For groundwater waterworks systems, the requirements of 12VAC5-590-379 shall also apply, and all repeat samples must be analyzed for E. coli using one of the analytical methods in 40 CFR 141.402(c).

a. The owner shall collect at least one repeat sample from the sampling tap where the original total coliform-positive sample was taken collected, 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 downstream of the original sampling site. If a total coliform-positive sample is at the end of the distribution system or one service connection away from the end of the distribution system, the owner must still take collect all required repeat samples.

b. The owner shall collect an additional set of repeat samples if one or more repeat samples in the current set of repeat samples is total coliform positive. The owner shall collect the additional set of repeat samples within 24 hours of being notified of the positive results, unless the commissioner department extends the limit as provided in this section. The owner shall continue to collect additional sets of repeat samples until either total coliforms are not detected in one complete set of repeat samples or the owner determines that a coliform treatment technique trigger specified in 12VAC5-590-392 B has been exceeded as a result of a repeat sample being total coliform positive and notifies the appropriate ODW field office department. If a trigger identified in 12VAC5-590-392 B is exceeded as a result of a routine sample being total coliform positive, then an the owner is required to conduct only one round of repeat monitoring for each total coliform-positive routine sample.

c. If the owner collects a routine sample before learning the results of the previous routine sample, and the sample is taken collected within five service connections of the initial routine sample, then the owner may count the subsequent sample as a repeat sample when the initial sample results are found to be total coliform positive.

d. If one or more repeat samples taken collected at the monitoring location required for triggered source water monitoring are E. coli positive, then the waterworks owner has exceeded the E. coli PMCL and must comply with the groundwater system treatment technique requirements specified in 12VAC5-590-421.

e. If all repeat samples taken collected at the monitoring location required for triggered source water monitoring are E. coli negative, and a repeat sample taken collected at a monitoring location other than the one required for triggered source water monitoring is E. coli positive, then the waterworks owner has exceeded the E. coli PMCL. However, the owner is not required to collect five additional source water samples from the same source within 24 hours of learning the E. coli-positive result.

f. The waterworks owner shall collect all repeat samples on the same day, except the commissioner department may allow the owner of a waterworks with a single service connection to collect the required set of repeat samples over a three-day period or to collect a larger volume repeat sample in one or more sample containers of any size as long as the total volume collected is at least 300 ml.

g. If a repeat sample taken collected at the monitoring location required for triggered source water monitoring is E. coli positive, then the waterworks owner has exceeded the E. coli PMCL and must collect five additional source water samples from the same source within 24 hours of learning the E. coli-positive result.

2. Results of all routine and repeat samples not invalidated by the commissioner department shall be used to determine compliance with the PMCL for E. coli and whether a treatment technique trigger specified in 12VAC5-590-392 B has been exceeded.

3. Special purpose Special-purpose samples, such as those taken collected to determine whether disinfection practices are sufficient following pipe placement, replacement, or repair, and samples taken collected before start-up of a seasonal waterworks, shall not be used to determine compliance. Repeat samples are not considered special purpose special-purpose samples.

E. A total coliform-positive sample invalidated under this paragraph does not count towards meeting the minimum monitoring requirements of this section. To invalidate a total coliform-positive sample under this subsection, the written decision and rationale shall be reviewed evaluated, approved, and signed by the commissioner department. The commissioner department shall make this document available to EPA and the public. The written documentation shall state the specific cause of the total coliform-positive sample and what action the owner has taken, or will take, to correct this problem. The commissioner department shall not invalidate a total coliform-positive sample solely on the grounds that all repeat samples are total coliform negative.

1. The commissioner department may invalidate a total coliform positive coliform-positive sample if any of the following conditions are met:

a. The laboratory establishes that improper sample analysis caused the total coliform-positive result;

b. The commissioner department, on the basis of the results of repeat samples collected as required by subdivision D 1 of this section, determines that the total coliform-positive sample resulted from a domestic or other nondistribution non-distribution system plumbing problem. The commissioner department  cannot invalidate a sample on the basis of repeat sample results unless all repeat sample(s) samples collected at the same tap as the original total coliform-positive sample are also total coliform positive, and all repeat samples collected at a location other than the original tap are total coliform negative (e.g., the commissioner 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 waterworks has only one service connection) (e.g., the department 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 waterworks has only one service connection); or

c. The commissioner department has substantial grounds to believe that a total coliform-positive result is due to a circumstance or condition that does not reflect water quality in the distribution system. In this case, the waterworks owner shall still collect all repeat samples required under subdivision D 1 of this section, and use them to determine whether a coliform treatment technique trigger in 12VAC5-590-392 B has been exceeded.

2. A laboratory must invalidate a sample because of sampling interference (i.e., turbid culture in absence of (i) gas production, or (ii) acid reaction; exhibition of confluent growth; or production of colonies too numerous to count). The waterworks owners owner shall collect a replacement sample from the same location within 24 hours, and have it analyzed for the presence of total coliforms. The waterworks owner must continue to resample within 24 hours and have the samples analyzed until they obtain a valid result is obtained. The commissioner department may waive the 24-hour time limit on a case-by-case basis.

F. Escherichia coli (E. coli).

1. If any a routine, or repeat, sample or replacement sample is total coliform positive, then the waterworks owner shall analyze that the total coliform-positive culture medium to determine if E. coli are present. If E. coli are present, then the waterworks owner shall notify the appropriate ODW field office department by the end of the day when the waterworks owner is notified of the test result, unless the ODW's field office department is closed, in which case the appropriate ODW field office department must be notified before the end of the next business day.

2. The commissioner department has the discretion to allow a waterworks an owner, on a case-by-case basis, to forgo E. coli testing on a total coliform-positive sample if the owner assumes that the total coliform-positive sample is E. coli positive. Accordingly, the owner must notify the appropriate ODW field office department as specified in subdivision F1 of this subsection and the provisions of subdivision B 1 of this section apply.

G. Groundwater sources.

1. Groundwater sources shall be disinfected in accordance with 12VAC5-590-1000 when the total coliform geometric mean of 20 or more raw water samples measured by a method yielding a multiple-portion decimal-dilution (MPN) result is greater than three. 12VAC5-590-421 A 1 d when the results of the source water monitoring samples specified in 12VAC5-590-430 B 2 or 12VAC5-590-840 K 1 a  indicate a total coliform concentration (geometric mean) of the 20 samples to be greater than 3 colonies/100 mL but less than 100 colonies/100mL. The value 1.0 shall be used to represent a negative zero coliform result in the calculation of the geometric mean.

2. Groundwater sources containing a total coliform geometric mean of 100 or more organisms per 100 milliliters or with more than 10% of these samples exceeding 100 organisms per 100 milliliters constitutes unacceptable contamination for disinfection treatment only. source monitoring results conducted in accordance with 12VAC5-590-430 B 2 or 12VAC5-590-840 K 1 a  that indicate a total coliform concentration equal to or greater than 100 colonies/100 ml constitutes contamination that is not treatable by single-barrier disinfection treatment alone.

3. Groundwater sources shall be disinfected in accordance the requirements of 12VAC5-590-1000 12VAC5-590-421 A 1 d when the source water quality contributes to the waterworks' failure to meet the bacteriological PMCL specified in subsection B of this section.

4. Groundwater sources shall be disinfected in accordance with 12VAC5-590-421 A 1 d when the results of source development samples specified in 12VAC5-590-840 B 11 indicate the presence of E. coli in two or more samples.

5. Groundwater sources shall be disinfected in accordance with 12VAC5-590-421 A 1 d when the results of raw water monitoring conducted in accordance with 12VAC5-590-425 indicate the presence of E. coli in two or more samples during any running six-month period.

4. If the results of the source water monitoring required by 12VAC5-590-379 C or 12VAC5-590-430 B 2 indicate the presence of E. coli in two or more samples collected during any running six-month period, then the owner shall:

a. Issue a Tier 1 public notice in accordance with 12VAC5-590-540 A 1.

b. Provide disinfection treatment to achieve a 4-log virus inactivation and removal as specified in 12VAC5-590-421 A 1 d.

c. Conduct compliance monitoring as specified in 12VAC5-590-421 B and 12VAC5-590-421 C.

5. If the results of the source water monitoring required in 12VAC5-590-379 C indicate total coliform concentration in excess of 50 colonies/100 mL in three or more samples collected during any running six-month period or the presence of E. coli in two or more samples collected during any running six-month period, then the source water shall be re-evaluated for GUDI determination in accordance with 12VAC5-590-430.

6. The department may require that any groundwater source be disinfected in accordance with the requirements of 12VAC5-590-421 A 1 d.

H. Groundwater systems conducting source water monitoring as described in 12VAC5-590-379 shall determine the presence or absence of E. coli. All samples shall be analyzed in accordance with 12VAC5-590-440 by the Division of Consolidated Laboratory Services (DCLS) DCLS or by a laboratory certified by DCLS for drinking water samples analyses.

12VAC5-590-382. Inorganic chemicals compliance.

A. When the results of sampling for antimony, arsenic, asbestos, barium, beryllium, cadmium, cyanide (as free cyanide), chromium, fluoride, mercury, nickel, selenium, or thallium exceed the applicable PMCL, the owner shall collect a confirmation sample, at the same sampling point, within two weeks of notification of the analytical results of the first sample. The fluoride PMCL applies only to community waterworks.

1. The results of the initial and confirmation samples shall be averaged to determine compliance with subsection A of this section. The department has the discretion to delete results of obvious sampling errors.

2. Compliance with the PMCLs for antimony, arsenic, asbestos, barium, beryllium, cadmium, cyanide (as free cyanide), chromium, fluoride, mercury, nickel, selenium, and thallium listed in Table 340.1 shall be determined based on the analytical results obtained at each sampling point.

a. For the owner who is conducting monitoring more frequently than annually, compliance with the PMCL for antimony, arsenic, asbestos, barium, beryllium, cadmium, cyanide (as free cyanide), chromium, fluoride, mercury, nickel, selenium, or thallium is determined by a RAA at each sampling point. If the average at any sampling point is greater than the PMCL, then the waterworks is out of compliance. If any single sample would cause the annual average to be exceeded, then the waterworks is out of compliance immediately. A sample result below the MDL shall be calculated as zero for the purpose of determining the annual average. If the owner fails to collect the required number of samples, compliance (average concentration) shall be based on the total number of samples collected.

b. For the owner who is monitoring annually, or less frequently, the waterworks is out of compliance with the PMCL for antimony, arsenic, asbestos, barium, beryllium, cadmium, cyanide (as free cyanide), chromium, fluoride, mercury, nickel, selenium, or thallium if the average of the original sample and a confirmation sample of a contaminant at any sampling point is greater than the PMCL. The owner monitoring annually or less frequently whose sample results exceeds the PMCL shall begin quarterly sampling. The owner shall not be considered in violation of the PMCL until one year of quarterly sampling has been completed and the RAA is exceeded. However, if the confirmation sample is not collected, the owner is in violation of the PMCL for antimony, arsenic, asbestos, barium, beryllium, cadmium, cyanide (as free cyanide), chromium, fluoride, mercury, nickel, selenium, or thallium. If the owner fails to collect the required number of samples, then compliance (average concentration) shall be based on the total number of samples collected.

B. Compliance with the PMCLs for nitrate and nitrite shall be determined based on the analytical results obtained at each sampling point. The waterworks is not out of compliance with the PMCL if the concentrations of these contaminants are equal to or below the PMCLs. Where nitrate or nitrite sample results exceed the PMCL, the owner shall collect a confirmation sample, from the same sampling point that exceeded the PMCL within 24 hours of the owner's receipt of the analytical results of the first sample. The results of the initial and confirmation sample shall be averaged to determine compliance. The owner unable to comply with the 24-hour sampling requirement shall immediately notify the consumers in the area served by the waterworks in accordance with 12VAC5-590-540 A 1. The owner exercising this option shall collect and analyze a confirmation sample within two weeks of notification of the analytical results of the first sample. The department may require more frequent monitoring. The department has the discretion to delete results of obvious sampling errors.

1. Nitrate nitrogen (NO3-N) levels not exceeding 20 mg/L may be allowed in a noncommunity waterworks if the owner:

a. Demonstrates to the satisfaction of the department that this water will not be available to children under six months of age;

b. Provides continuous posting of the fact that NO3-N levels exceed 10 mg/L and the potential health effects of exposure;

c. Notifies health officials annually of NO3-N levels that exceed 10 mg/L; and

d. The department shall determine that no adverse health effects will result.

2. Nitrite in water poses a significant health hazard. Water with nitrite-nitrogen concentrations over 1 mg/L should not be used for infant feedings.

C. Compliance with the SMCLs for aluminum, chloride, copper, corrosivity, fluoride, foaming agents, iron, manganese, silver, sulfate, or zinc shall be determined based on the analytical results obtained at each sampling point. When the result of a sample exceeds the applicable SMCL, the owner shall collect a confirmation sample, at the same sampling point, within two weeks of notification of the analytical results of the first sample. The results of the initial and confirmation samples shall be averaged to determine compliance. If the average concentration level of any of these constituents exceeds the SMCL, then the department shall determine whether treatment for the constituents can be accomplished or more suitable source waters are, or can be made, available. This determination shall be made as quickly as possible. If either of these alternatives is feasible, then corrective action shall be promptly implemented by the owner if deemed necessary by the department. Exceeding the fluoride SMCL requires annual public notice in accordance with 12VAC5-590-540 G.

12VAC5-590-383. Organic chemicals compliance.

A. When the results of sampling indicate positive results for contaminants listed in Table 340.2, the owner shall collect a confirmation sample, at the same sampling point, within two weeks of notification of the analytical results of the first sample.

B. The results of the initial and confirmation samples shall be averaged to determine the waterworks' compliance in accordance with subsection C of this section. The department has the discretion to delete results of obvious sampling errors.

C. Compliance with Table 340.2 shall be determined based on the analytical results obtained at each sampling point. A sample result below the detection limit shall be calculated as zero for the purposes of determining the annual average. If the owner fails to collect the required number of samples, then compliance (average concentration) shall be based on the total number of samples collected.

1. For the owner who is conducting monitoring more frequently than annually, compliance is determined by a RAA of all samples collected at each sampling point. If the annual average of any sampling point is greater than the PMCL, then the waterworks is out of compliance. If the initial sample or a subsequent sample would cause the annual average to be exceeded, then the waterworks is out of compliance immediately. A sample result below the detection limit shall be calculated as zero for purposes of determining the annual average.

2. If the owner is conducting monitoring annually, or less frequently, then the owner is not in violation if the average of the initial and confirmation samples is greater than the PMCL for that contaminant; however, the owner shall begin quarterly sampling. The owner will not be considered in violation of the PMCL until one year of quarterly sampling has been completed and the RAA is exceeded. If any sample will cause the RAA to exceed the PMCL at any sampling point, then the waterworks is immediately out of compliance with the PMCL.

12VAC5-590-384. Residual disinfectant, DBPs, and DBPPs compliance.

A. General requirements.

1. Where compliance is based on a RAA of monthly or quarterly samples or averages and the owner fails to monitor for TTHM, HAA5, or bromate, this failure to monitor shall be treated as a monitoring violation for the entire period covered by the annual average. Where compliance is based on a RAA of monthly or quarterly samples or averages and the owner's failure to monitor makes it impossible to determine compliance with MRDLs for chlorine and chloramines, this failure to monitor shall be treated as a monitoring violation for the entire period covered by the annual average.

2. All samples collected and analyzed under the provisions of this section shall be included in determining compliance, even if that number is greater than the minimum required.

3. The owner is in violation of the PMCL when the LRAA exceeds the PMCLs listed in Table 340.6 calculated based on four consecutive quarters of monitoring, or the LRAA calculated based on fewer than four quarters of data if the PMCL would be exceeded regardless of the monitoring results of subsequent quarters. The owner is in violation of the monitoring requirements for each quarter that a monitoring result would be used in calculating the LRAA if the owner fails to monitor.

B. Disinfection byproducts.

1. TTHM and HAA5.

a. The owner of a waterworks required to monitor quarterly shall calculate the LRAAs for TTHM and HAA5 using monitoring results collected under 12VAC5-590-374 F and determine that each LRAA does not exceed the PMCL in order to comply with the PMCLs listed in Table 340.6. If the owner fails to complete four consecutive quarters of monitoring, then the owner shall calculate compliance with the PMCL based on the average of the available data from the most recent four quarters. If the owner collects more than one sample per quarter at a monitoring location, then the owner shall average all samples collected in the quarter at that location to determine a quarterly average to be used in the LRAA calculation.

b. The owner of a waterworks required to monitor annually or less frequently shall determine that each sample collected is less than the PMCL in order to determine compliance with the PMCLs listed in Table 340.6. If any sample result exceeds the PMCL, then the owner shall comply with the requirements of 12VAC5–590-374 F 5. If no sample result exceeds the PMCL, then the sample result for each monitoring location is considered the LRAA for that monitoring location.

c. The owner is in violation of the monitoring requirements for each quarter that a monitoring result would be used in calculating an LRAA if the owner fails to monitor.

d. A waterworks has exceeded the operational evaluation level at any monitoring location where the sum of the two previous quarters' TTHM results plus twice the current quarter's TTHM result, divided by four to determine an average, exceeds 0.080 mg/L, or where the sum of the two previous quarters' HAA5 results plus twice the current quarter's HAA5 result, divided by four to determine an average, exceeds 0.060 mg/L.

(1) The owner of a waterworks that exceeds the operational evaluation level shall conduct an operational evaluation and submit a written report of the evaluation to the department on a form approved by the department no later than 90 days after being notified of the analytical result that caused the waterworks to exceed the operational evaluation level. The written report shall be made available to the public upon request.

(2) The operational evaluation report shall include an examination of the waterworks treatment and distribution operational practices, including source water conditions, storage tank operations, excess storage capacity, distribution system flushing, changes in source water or source water quality, and treatment changes or problems that may contribute to TTHM and HAA5 formation and what steps could be considered to minimize future exceedances.

(3) The owner may request and the department may allow the owner to limit the scope of the evaluation if the owner is able to identify the cause of the operational evaluation level exceedance. The request to limit the scope of the evaluation does not extend the schedule in subdivision B 1 d (1) of this section for submitting the written report. The department shall approve this limited scope of evaluation in writing and the owner shall keep that approval with the completed report.

2. Bromate. Compliance shall be based on a running annual arithmetic average, computed quarterly, of monthly samples collected by the owner as prescribed by 12VAC5-590-374 H. For months in which the owner collects more than one sample, compliance is based on the average of all samples collected during the month. If the average result of the samples covering any consecutive four-quarter period exceeds the PMCL listed in Table 340.6, then the owner is in violation of the PMCL and shall notify the public pursuant to 12VAC5-590-540 A 2, in addition to reporting to the department pursuant to 12VAC5-590-530 and 12VAC5-590-531. If the owner fails to complete 12 consecutive months of monitoring, then compliance with the PMCL for the last four-quarter compliance period shall be based on the average of the available data.

3. Chlorite. Compliance shall be based on an arithmetic average of each three-sample set collected in the distribution system as prescribed by 12VAC5-590-374 G. If the arithmetic average of any three-sample set exceeds the PMCL listed in Table 340.6, then the owner is in violation of the PMCL and shall notify the public pursuant to 12VAC5-590-540 A 2, in addition to reporting to the department pursuant to 12VAC5-590-530 and 12VAC5-590-531.

C. Residual disinfectant.

1. Chlorine and chloramines.

a. Compliance shall be based on a running annual arithmetic average, computed quarterly, of monthly averages of all samples collected by the owner under 12VAC5-590-374 I 1 a. If the average covering any consecutive four-quarter period exceeds the MRDL listed in Table 340.7, then the owner is in violation of the MRDL and shall notify the public pursuant to 12VAC5-590-540 A 2, in addition to reporting to the department pursuant to 12VAC5-590-530 and 12VAC5-590-531.

b. In cases where the owner switches between the use of chlorine and chloramines for residual disinfection during the year, compliance shall be determined by including together all monitoring results of both chlorine and chloramines in calculating compliance. Reports submitted pursuant to 12VAC5-590-530 and 12VAC5-590-531 shall clearly indicate which residual disinfectant was analyzed for each sample.

c. Notwithstanding the MRDLs listed in Table 340.7, operators may increase the residual disinfectant levels of chlorine or chloramines in the distribution system to a level and for a time necessary to protect public health to address specific microbiological contamination problems caused by circumstances such as water main breaks in the distribution system, storm runoff events, source water contamination, or cross-connections.

2. Chlorine dioxide.

a. Acute violations. Compliance shall be based on consecutive daily samples collected by the owner under 12VAC5-590-374 I 2 a. If any daily sample collected at the entrance to the distribution system exceeds the MRDL listed in Table 340.7, and on the following day one or more of the three samples collected in the distribution system exceed the MRDL, then the owner is in violation of the MRDL and shall take immediate corrective action to lower the level of chlorine dioxide below the MRDL and shall notify the public pursuant to the procedures for Tier 1 conditions in 12VAC5-590-540 A 1 in addition to reporting to the department pursuant to 12VAC5-590-530 and 12VAC5-590-531. Failure to collect samples in the distribution system the day following an exceedance of the chlorine dioxide MRDL at the entrance to the distribution system shall also be considered an MRDL violation and the owner shall notify the public of the violation in accordance with the provisions for Tier 1 conditions in 12VAC5-590-540 A 1 in addition to reporting to the department pursuant to 12VAC5-590-530 and 12VAC5-590-531.

b. Non-acute violations. Compliance shall be based on consecutive daily samples collected by the owner under 12VAC5-590-374 I 2 a. If any two consecutive daily samples collected at the entrance to the distribution system exceed the MRDL listed in Table 340.7 and all distribution system samples collected are below the MRDL, then the owner is in violation of the MRDL and shall take corrective action to lower the level of chlorine dioxide below the MRDL at the point of sampling and shall notify the public pursuant to the procedures for Tier 2 conditions in 12VAC5-590-540 A 2 in addition to reporting to the department pursuant to 12VAC5-590-530 and 12VAC5-590-531. Failure to monitor at the entrance to the distribution system the day following an exceedance of the chlorine dioxide MRDL at the entrance to the distribution system is also an MRDL violation and the owner shall notify the public of the violation in accordance with the provisions for Tier 2 conditions in 12VAC5-590-540 A 2 in addition to reporting to the department pursuant to 12VAC5-590-530 and 12VAC5-590-531.

D. Disinfection byproduct precursors (DBPPs).

1. Compliance shall be determined as specified by 12VAC5-590-411 A 3.

2. For the owner required to meet Step 1 TOC removals, if the value calculated under 12VAC5-590-411 A 3 a (4) is less than 1.00, then the owner is in violation of the treatment technique requirements and shall notify the public pursuant to 12VAC5-590-540 A 2 in addition to reporting to the department pursuant to 12VAC5-590-530 and 12VAC5-590-531.

12VAC5-590-385. Lead and copper action level AL compliance.

A. The lead action level AL is exceeded if the concentration of lead in more than 10% of tap water samples collected during any monitoring period conducted in accordance with 12VAC5-590-375 B is greater than 0.015 mg/L (i.e., if the 90th percentile lead level is greater than 0.015 mg/L).

B. The copper action level AL is exceeded if the concentration of copper in more than 10% of tap water samples collected during any monitoring period conducted in accordance with 12VAC5-590-375 B is greater than 1.3 mg/L (i.e., if the 90th percentile copper level is greater than 1.3 mg/L).

C. The 90th percentile lead and copper levels shall be computed as follows:

1. The results of all lead or copper samples taken during a monitoring period shall be placed in ascending order from the sample with the lowest concentration to the sample with the highest concentration. Each sampling result shall be assigned a number, ascending by single integers beginning with the number 1 for the sample with the lowest contaminant level. The number assigned to the sample with the highest contaminant level shall be equal to the total number of samples taken.

2. The number of samples taken during the monitoring period shall be multiplied by 0.9.

3. The contaminant concentration in the numbered sample yielded by the calculation in subdivision C 2 of this section is the 90th percentile contaminant level.

4. For a waterworks serving fewer than 100 people, and the owner collects that collect five samples per monitoring period, the 90th percentile is computed by taking the average of the highest and second highest concentrations.

5. For an the owner that who has been allowed by the commissioner department to collect fewer than five samples in accordance with 12VAC5-590-375 B 3, the sample result with the highest concentration is considered the 90th percentile value.

12VAC5-590-388. Radiological compliance.

A. MCLGs for radionuclides are listed in Table 546.1 of 12VAC5-590-546 B.

B. PMCLs for radionuclides are applicable to community waterworks only and are listed in Table 340.4. Compliance with PMCLs will be determined based on the analytical results obtained at each entry point. If the sample result at one entry point exceeds the PMCL, then the owner is in violation of the PMCL.

1. For the owner who is monitoring more than once per year, compliance with the PMCL is determined by a RAA of the analytical results at each entry point. If the average result at any entry point is greater than the PMCL, then the waterworks is out of compliance with the PMCL.

2. For the owner who is monitoring more than once per year, if any sample result will cause the RAA to exceed the PMCL at any entry point, then the  waterworks is out of compliance with the PMCL immediately.

3. All samples collected and analyzed under the provisions 12VAC5-590-378 shall be included in determining compliance, even if that number is greater than the minimum required.

4. If the owner does not collect all required samples when compliance is based on a RAA result of quarterly samples, then compliance will be based on the RAA result of the samples collected.

5. If a sample result is less than the detection limit as specified in Table 378.1, then zero will be used to calculate the RAA, unless a gross alpha particle activity result is being used instead of radium-226 or uranium. If the gross alpha particle activity result is less than the detection limit as specified in Table 378.1, then one-half the detection limit will be used to calculate the RAA.

C. Radiological (gross alpha, combined radium-226 and radium-228, uranium, and man-made radioactivity).

1. Compliance with the radiological PMCLs shall be based on the RAA results. PMCLs are indicated in Table 340.4. Sampling for radiological analysis shall be in compliance with 12VAC5-590-378.

2. Compliance shall be determined by rounding off results to the same number of significant figures as the PMCL for the radionuclide in question.

D. If a PMCL for radioactivity listed in Table 340.4 is exceeded, then the owner shall give notice to the department pursuant to 12VAC5-590-530 and to the public as required by 12VAC5-590-540 A 2.

12VAC5-590-390. Chemical and physical qualityPhysical constituent compliance.

A. Necessary action for noncompliance.

1. Inorganic chemicals. See 12VAC5-590-530 B and 12VAC5-590-540.

2. Organic chemicals. See 12VAC5-590-530 B and 12VAC5-590-540.

3. Turbidity. See 12VAC5-590-530 B and 12VAC5-590-540.

A. Color, odor, pH, and total dissolved solids.

1. When the sampling results for color, odor, pH, or total dissolved solids exceed the applicable SMCL, the owner shall collect a confirmation sample, at the same sampling site, within two weeks of notification of the analytical results of the first sample.

2. The results of the initial and confirmation samples shall be averaged to determine compliance with 12VAC5-590-340 C. The department has the discretion to void results of obvious sampling errors.

4.3. If the average concentration level of any contaminant of a substance of color, odor, pH, or total dissolved solids is greater than the Secondary Maximum Contaminant Level SMCL listed in Table 340.3, then the division will department shall determine whether treatment to remove the substance that contaminant can be accomplished or more suitable supplies of source water are, or can be made, available. This determination will be made as quickly as possible. If either of these alternatives is possible, corrective action shall be promptly taken by the owner if deemed necessary by the division.

B. Specific limits. No attempt has been made to prescribe specific limits for every contaminant that might enter a water supply or waterworks. Although the need exists for continued attention to the entry of chemical and physical substances into water, the limits are confined to substances recognized as being detrimental to the health or well-being of the consumer. Limits for innumerable substances would require an impossible burden of analytical examination. The specific limits included in these regulations are listed in Tables 2.2, 2.3, and 2.4. Turbidity in groundwater sources not required to filter shall not:

1. Interfere with disinfection throughout the distribution system;

2. Cause taste and odors upon disinfection; or

3. Cause consumers to question the safety of their drinking water.

12VAC5-590-391. Treatment technique requirements.

A. When it is not technically or economically feasible to monitor for a particular PMCL or a contaminant, one or more specific treatment techniques that lead to a reduction in the concentration level of that contaminant shall be required. The application of that treatment technique reduces the contaminant in question to a concentration level that achieves compliance with this chapter.

B. Failure to continuously maintain the treatment technique is a violation of this chapter and public notification in accordance with 12VAC5-590-540 A 2 is required.

12VAC5-590-392. Coliform treatment technique triggers and assessment requirements.

A. Assessments shall be conducted in accordance with subsections C, D, and through E of this section after exceeding treatment technique triggers.

B. Treatment technique triggers.

1. Level 1 treatment technique triggers:

a. For owners the owner required to collect 40 or more samples per month, the number of total coliform-positive samples exceeds 5.0% of the number of samples collected for the month.

b. For owners the owner required to collect fewer than 40 samples per month, when there are two or more total coliform-positive samples in the same month.

c. The owner fails to collect every required repeat sample after any single total coliform-positive sample.

2. Level 2 treatment technique triggers:

a. An E. coli PMCL violation, as specified in 12VAC5-590-380 B 2.

b. A second Level 1 trigger occurs within a rolling 12-month period, unless the commissioner department has determined a likely reason for the first Level 1 treatment technique trigger and that the owner has corrected the problem.

C. Assessment requirements.

1. Level 1 and 2 assessments shall be conducted in order to identify the possible presence of sanitary defects and defects in the distribution system coliform monitoring practices. The owner shall be responsible for conducting Level 1 assessments. Level 2 assessments shall be conducted by the commissioner department.

2. When conducting Level 1 and Level 2 assessments, the assessor shall include:

a. A review An evaluation and identification of inadequacies in sample sites, sampling protocol, and sample processing;

b. A review An evaluation of atypical events that could affect distributed water quality or indicate that distributed water quality was impaired;

c. Evaluation of changes in distribution system maintenance and operation that could affect distributed water quality, including water storage;

d. Evaluation of source and treatment considerations that impact distributed water quality; and

e. Evaluation of existing water quality monitoring data.

3. Level 1 assessment.

a. The owner shall complete the assessment and document the assessment on the Waterworks Level 1 Assessment form a form approved by the department. The owner shall submit the assessment form, as soon as practical, but within 30 days after the owner learns that a trigger in subdivision B 1 of this section has been exceeded.

b. If the commissioner department reviews evaluates the completed Level 1 assessment and determines that the assessment is not sufficient, including any proposed timetable for any corrective actions, then the commissioner department shall consult with the owner. If the commissioner department requires revisions after the consultation, then the owner shall submit a revised assessment form to the appropriate ODW field office department on an agreed upon schedule not to exceed 30 days from the date of consultation.

c. Upon completion and submission of the assessment form by the owner, the commissioner department shall determine if the owner has identified a likely cause for the Level 1 trigger and, if so, confirm that the owner has corrected the problem or has included a schedule acceptable to the commissioner department for correcting the problem.

4. Level 2 assessment.

a. ODW The department will complete the assessment and document the assessment on the Waterworks Level 2 Assessment form on a form approved by the department. ODW staff The department will consult with the owner during the assessment and complete the assessment within 30 days upon learning a that the waterworks has exceeded any of the trigger triggers in subdivision B 2 of this section.

b. The commissioner department will send to the owner the completed assessment form, which will describe any detected sanitary defects, corrective actions completed or needed and, if needed, a timetable to complete the corrective actions. The owner will return the form within seven days with signature that indicates concurrence with the listed actions needed and timetable to complete the corrective actions. If the owner does not concur with either an action or timetable to complete a corrective action, then the owner shall notify the commissioner department, complete consultation with the commissioner department, and develop a revised corrective action schedule. The owner shall submit the revised schedule to the commissioner department for review evaluation and approval within 30 days of the date of the consultation.

D. Corrective actions.

1. The owner shall correct sanitary defects found through either the Level 1 or the Level 2 assessment conducted under subsection C of this section.

2. The owner shall complete the corrective action or corrective actions in compliance with the timetable approved by the commissioner department in consultation with the owner. The owner shall notify the appropriate ODW field office department no later than seven days after each scheduled corrective action is completed.

E. Consultation.

1. At any time during the assessment or corrective action phase, either the owner or the commissioner department may request a consultation with the other party to determine the appropriate actions to be taken.

2. The owner may consult with the commissioner department on all relevant information that may impact the ability to comply with subsection D of this section.

F. Violations. Failure to conduct the required assessment or corrective actions in accordance with subsections C and D of this section, after exceeding a treatment technique trigger specified in subsection B of this section, is a treatment technique violation. The owner shall provide public notification as required under Tier 2 conditions specified in 12VAC5-590-54012VAC5-590-540 A 2.

12VAC5-590-395. Surface water and GUDI sources, polymer, and recycle treatment techniques.

A. Surface water and GUDI source treatment techniques.

1. The filtration and disinfection provisions of this section are required treatment techniques for a waterworks supplied by either a surface water source or  a GUDI source or both. These treatment technique requirements are in place of a PMCL for the following contaminants: Giardia lamblia, viruses, heterotrophic bacteria, Cryptosporidium, Legionella, and turbidity. A waterworks that uses either a surface water source or a GUDI source or both shall provide treatment of that source water that complies with these treatment technique requirements. See 12VAC5-590-401 for filtration log removal credits and required log inactivation for Cryptosporidium. See 12VAC5-590-500 for log removal credits and required log inactivation for Giardia lamblia and viruses. These treatment technique requirements consist of installing and properly operating water treatment processes that reliably achieve:

a. At least 99.9% (3-log) removal or inactivation of Giardia lamblia between a point where the source water is not subject to recontamination by surface water runoff and a point downstream before or at the first customer;

b. At least 99.99% (4-log) removal or inactivation of viruses between a point where the source water is not subject to recontamination by surface water runoff and a point downstream before or at the first customer; and

c. At least 99% (2-log) removal of Cryptosporidium between a point where the source water is not subject to recontamination by surface water runoff and a point downstream before or at the first customer.

2. A waterworks that uses either a surface water source or a GUDI source or both is considered to be in compliance with the requirements of subdivision A 1 of this section if it meets the following disinfection and filtration requirements:

a. Disinfection requirements.

(1) The disinfection treatment shall be sufficient to ensure that the total treatment processes of that waterworks achieve at least 99.9% (3-log) inactivation or removal of Giardia lamblia and at least 99.99% (4-log) inactivation or removal of viruses. If any physical process can achieve at least a 3-log removal of Giardia lamblia but cannot adequately remove pathogens, then the disinfection treatment shall provide a second treatment barrier for Giardia lamblia, Legionella, heterotrophic bacteria, and viruses. The disinfection treatment shall be sufficient to assure at least a 0.5 log inactivation of Giardia lamblia.

(2) The residual disinfectant concentration in the water entering the distribution system shall not be less than 0.2 mg/L for more than four hours.

(3) The residual disinfectant concentration in the distribution system, measured as total chlorine, free chlorine, combined chlorine, or chlorine dioxide, shall not be undetectable in more than 5% of the samples each month, for any two consecutive months that the waterworks serves water to the public. If the department determines that a waterworks is experiencing excessive coliform occurrences in its distribution system, then the department may require the owner to maintain minimum chlorine residual levels of 0.2 mg/L or monochloramine levels of 0.5 mg/L throughout the distribution system. Water in the distribution system with a heterotrophic bacteria concentration less than or equal to 500/mL, measured as HPC, is deemed to have a detectable residual disinfectant for the purposes of determining compliance with this requirement. Thus, the value "V," in percent, in the following formula shall not exceed 5% in one month, for any two consecutive months.

http://leg5.state.va.us/images/447567148779VDHAH2_files/image001.gif

where

a = number of instances where the residual disinfectant concentration is measured;

b = number of instances where the residual disinfectant concentration is not measured but HPC is measured;

c = number of instances where the residual disinfectant concentration is measured but not detected and no HPC is measured;

d = number of instances where no residual disinfectant concentration is detected and where the HPC is greater than 500/mL; and

e = number of instances where the residual disinfectant concentration is not measured and HPC is greater than 500/mL.

(4) The department may determine that the HPC compliance requirements of subdivision A 2 a (3) of this section do not apply based on site-specific considerations or if an owner has no means for having a sample transported and analyzed for HPC by a certified laboratory under the requisite time and temperature conditions and the waterworks is providing adequate disinfection in the distribution system.

b. Filtration requirements. A waterworks that uses either a surface water source or a GUDI source or both shall provide filtration treatment by using one of the following methods:

(1) Conventional filtration.

(a) Achieve a filtered water turbidity of less than or equal to 0.3 NTU in at least 95% of the measurements taken each month. Samples shall be representative of the waterworks' filtered water.

(b) The turbidity level of representative samples of a waterworks' filtered water shall at no time exceed one NTU, measured as specified in 12VAC5-590-440.

(c) A waterworks that uses lime softening may acidify representative samples before analysis using a protocol approved by the department.

(d) Water treatment plants utilizing conventional or direct filtration with gravity flow granular media filters are capable of producing filtered water with turbidity consistently less than 0.10 NTU. Therefore, for these types of water treatment plants, the operational goal for filter effluent turbidity for each filter, before any post-filtration chemical addition, shall be 0.10 NTU.

(2) Diatomaceous earth filtration.

(a) The turbidity level of representative samples of a waterworks' filtered water shall be less than or equal to one NTU in at least 95% of the measurements taken each month.

(b) The turbidity level of representative samples of a waterworks' filtered water shall at no time exceed five NTU.

(3) Slow sand filtration.

(a) The turbidity level of representative samples of a waterworks' filtered water shall be less than or equal to one NTU in at least 95% of the measurements taken each month, except that if the department determines there is no significant interference with disinfection at a higher turbidity level, then the department may substitute this higher turbidity limit for that waterworks.

(b) The turbidity level of representative samples of a waterworks' filtered water shall at no time exceed five NTU.

(4) Membrane filters, bag filters, and cartridge filters.

(a) The turbidity level of representative samples of a waterworks' filtered water shall be less than or equal to 0.3 NTU in at least 95% of the measurements taken each month, except that if the department determines there is no significant interference with disinfection at a higher turbidity level, then the department may substitute this higher turbidity limit for that waterworks.

(b) Water treatment plants utilizing membrane filtration are capable of producing filtered water with turbidity consistently less than 0.05 NTU. Therefore, for these types of water treatment plants, the operational goal for filter effluent turbidity for each filter, before any post-filtration chemical addition, is 0.05 NTU.

(c) The turbidity level of representative samples of a waterworks' filtered water shall at no time exceed one NTU.

(5) The owner may use a filtration technology not listed in this section if the owner demonstrates to the satisfaction of the department by full-scale, pilot-plant, or challenge studies, or by other approved means that the alternative filtration technology, in combination with disinfection, will meet the requirements of this section.

3. Once the department has determined that a waterworks utilizes either a surface water source or a GUDI source or both (see 12VAC5-590-430), then filtration and disinfection treatments are required. The owner shall install and have in operation treatment units that meet the requirements described in subdivisions A 1 and A 2 of this section no later than 18 months following the department's determination. During the interim period, and until filtration and disinfection treatments are installed and in operation, the owner shall discontinue use of either the surface water source or GUDI source or both unless the source must remain in service because discontinuing the source is not a viable option, at which point the owner shall:

a. Issue a continuous boil water notice through the public notification procedure in 12VAC5-590-540 A 1 until the required filtration and disinfection treatments are installed and are in operation;

b. Provide disinfection treatment to achieve a 4-log inactivation of virus during the interim period before the filtration treatment is installed. Monitoring equipment shall be installed that will ensure compliance with this requirement; and

c. Increase bacteriological sampling frequency in the distribution system. For the owner required to collect routine distribution system bacteriological samples at a monthly frequency, the owner shall collect twice the number of samples required for that population each month. For the owner required to collect routine bacteriological samples at a quarterly frequency, the owner shall increase the sampling frequency to monthly.

B. Polymer treatment techniques.

1. The owner shall certify annually in writing to the department (using third-party or manufacturer's certification) that, when polymers containing acrylamide or epichlorohydrin are used by the waterworks, the combination (or product) of dose and monomer level does not exceed the following specified levels:

a. Acrylamide = 0.05% dosed at one ppm (or equivalent) of polymer.

b. Epichlorohydrin = 0.01% dosed at 20 ppm (or equivalent) of polymer.

2. Certifications may rely on the manufacturers or third parties, as approved by the department.

C. Recycle treatment techniques.

1. If spent filter backwash water, thickener supernatant, or liquids from dewatering processes are recycled, in a waterworks supplied by either a surface water source or a GUDI source or both that employ conventional filtration or direct filtration treatment, then the waterworks is subject to the treatment technique requirement described in subsection A.

2. Under this requirement, recycle flows shall be returned through all the processes of the treatment system, or an alternative location approved by the department.

 12VAC5-590-400. Radiological quality. (Repealed)

The effects of human radiation exposure are viewed as harmful, and any unnecessary exposure to ionizing radiation should be avoided.

A. Maximum contaminant level goals for radionuclides are listed in subsection A of Table 2.5 of 12VAC5-590-440.

B. Maximum contaminant levels for radionuclides are applicable to community waterworks only and are listed in this section and subsection B of Table 2.5.

1. (Reserved.)

2. PMCL for combined radium-226 and radium-228. The primary maximum contaminant level for combined radium-226 and radium-228 is 5 pCi/L. The combined radium-226 and radium-228 value is determined by the addition of the results of the analysis for radium-226 and the analysis for radium-228.

3. PMCL for gross alpha particle activity (excluding radon and uranium). The primary maximum contaminant level for gross alpha particle activity (including radium-226 but excluding radon and uranium) is 15 pCi/L.

4. PMCL for uranium. The primary maximum contaminant level for uranium is 30 μg/l.

5. PMCL for beta particle and photon radioactivity.

a. The average annual concentration of beta particle and photon radioactivity from man-made radionuclides in drinking water must not produce an annual dose equivalent to the total body or any internal organ greater than 4 millirem/year (mrem/year).

b. Except for the radionuclides listed in schedule 1 of Table 2.5, the concentration of man-made radionuclides causing 4 mrem total body or organ dose equivalents must be calculated on the basis of 2 liter per day drinking water intake using the 168 hour data list in "Maximum Permissible Body Burdens and Maximum Permissible Concentrations of Radionuclides in Air and in Water for Occupational Exposure," NBX (National Bureau of Standards) Handbook 69 as amended August 1963, U.S. Department of Commerce. A copy of this document may be reviewed at the Virginia Department of Health Office of Drinking Water office in Richmond, Virginia. If two or more radionuclides are present, the sum of their annual dose equivalent to the total body or to any organ shall not exceed 4 mrem/year.

6. Compliance dates. Compliance dates for combined radium-226 and radium-228, gross alpha particle activity, gross beta particle and photon radioactivity, and uranium: community waterworks owners must comply with the PMCLs listed in subdivisions 2, 3, 4, and 5 of this subsection beginning December 8, 2003, and compliance shall be determined in accordance with the requirements of 12VAC5-590-370 D. Compliance with reporting requirements for the radionuclides under 12VAC5-590-545 and 12VAC5-590-540 is required on December 8, 2003.  

12VAC5-590-401. Enhanced filtration and disinfection for Cryptosporidium treatment techniques.

A. A waterworks using either a surface water source or a GUDI source or both shall comply with the requirements of this section based on their population or if the waterworks is a wholesaler, based on the population of the largest waterworks in the combined distribution system.

B. The owner shall conduct an initial and a second round of source water monitoring for each water treatment plant that treats either a surface water source or a GUDI source or both. This monitoring may include sampling for Cryptosporidium, E. coli, and turbidity to determine what level, if any, of additional Cryptosporidium treatment is required.

1. Initial round of source water monitoring. The owner shall conduct the following monitoring on the schedule in subdivision B 3 of this section unless the monitoring avoidance criteria in subdivision B 4 of this section are met.

a. The owner of a waterworks serving at least 10,000 people shall sample the source water for Cryptosporidium, E. coli, and turbidity at least monthly for 24 months.

b. The owner of a waterworks serving fewer than 10,000 people:

(1) Shall sample the source water for E. coli at least once every two weeks for 12 months, or

(2) May avoid E. coli monitoring if the owner notifies the department that he will monitor for Cryptosporidium as described in subdivision B 1 c of this section. The owner shall notify the department no later than three months before the date at which he is otherwise required to start E. coli monitoring.

c. The owner of a waterworks serving fewer than 10,000 people shall sample the source water for Cryptosporidium at least twice per month for 12 months or at least monthly for 24 months if he meets one of the following, based on monitoring conducted under subdivision B 1 b of this section:

(1) For a waterworks using source water from a lake/reservoir, the annual mean E. coli concentration is greater than 10 E. coli/100 mL.

(2) For a waterworks using source water from flowing stream, the annual mean E. coli concentration is greater than 50 E. coli/100 mL.

(3) The waterworks does not conduct E. coli monitoring as described in subdivision B 1 b of this section.

(4) The waterworks using a GUDI source shall comply with the requirements of subdivision B 1 c of this section based on the E. coli level that applies to the nearest surface water body. If no surface water body is nearby, the waterworks shall comply based on the requirements that apply to a waterworks using source water from a lake/reservoir.

d. For the waterworks serving fewer than 10,000 people, the department may approve monitoring for an indicator other than E. coli under subdivision B 1 b (1) of this section. The department also may approve an alternative to the E. coli concentration in subdivision B 1 c (1), B 1 c (2), or B 1 c (4) of this section to trigger Cryptosporidium monitoring. This approval by the department shall be provided to the owner in writing and shall include the basis for the department's determination that the alternative indicator or trigger level will provide a more accurate identification of whether a waterworks will exceed the Bin 1 Cryptosporidium level in subdivision B 1 a of this section.

e. The waterworks may sample more frequently than required under this section if the sampling frequency is evenly spaced throughout the monitoring period.

2. Second round of source water monitoring: The owner shall conduct a second round of source water monitoring that meets the requirements for monitoring parameters, frequency, and duration described in subdivision B 1 of this section, unless the monitoring exemption criteria in subdivision B 4 of this section are met. The owner shall conduct this monitoring on the schedule in subdivision B 3 of this section.

3. Monitoring schedule. The owner shall begin the monitoring required in subdivisions B 1 and B 2 of this section no later than the month beginning with the date listed in Table 401.1:

TABLE 401.1.

Source Water Monitoring Starting Dates.

 

OWNERS OF WATERWORKS THAT SERVE...

SHALL BEGIN THE FIRST ROUND OF SOURCE WATER MONITORING NO LATER THAN THE MONTH BEGINNING...

AND SHALL BEGIN THE SECOND ROUND OF SOURCE WATER MONITORING NO LATER THAN THE MONTH BEGINNING...

 

At least 100,000 people

October 1, 2006

April 1, 2015

 

From 50,000 ‑ 99,999 people

April 1, 2007

October 1, 2015

 

From 10,000 ‑ 49,999 people

April 1, 2008

October 1, 2016

 

Fewer than 10,000 and monitor for E. coli

October 1, 2008

October 1, 2017

 

Fewer than 10,000 and monitor for Cryptosporidiuma

April 1, 2010

April 1, 2019

aApplies to a waterworks that meet the conditions of subdivision B 1 c of this section.

4. Monitoring avoidance.

a. The owner is not required to conduct source water monitoring if the waterworks will provide a total of at least 5.5-log of treatment for Cryptosporidium, equivalent to meeting the treatment requirements of Bin 4 in subdivision D 2 of this section.

b. If the owner chooses to provide the level of treatment in subdivision B 4 a of this section, rather than start source water monitoring, then the  owner shall notify the department in writing no later than the date the owner is otherwise required to submit a sampling schedule for monitoring under subdivision B 5 of this section. Alternatively, the owner may choose to stop sampling at any point after initiating monitoring if the owner notifies the department in writing that he will provide this level of treatment. The owner shall install and operate technologies to provide this level of treatment by the applicable treatment compliance date in subdivision D 3 of this section.

5. Sampling schedules.

a. The owner of  a waterworks required to conduct source water monitoring in accordance with subsection B of this section shall submit a sampling schedule that specifies the calendar dates when the owner shall collect each required sample.

(1) The owner shall submit a sampling schedule to the department no later than three months before the applicable date listed in subdivision B 3 of this section for each round of required monitoring.

(2) If the department does not respond to the owner regarding the sampling schedule, then the owner shall sample at the reported schedule.

b. The owner shall collect samples within two days before or two days after the dates indicated in the sampling schedule (i.e., within a five-day period around the schedule date) unless one of the conditions of this subdivision apply:

(1) If an extreme condition or situation exists that may pose danger to the sample collector, or that cannot be avoided and causes the owner to be unable to sample in the scheduled five-day period, then the owner shall sample as close to the scheduled date as is feasible unless the department approves an alternative sampling date. The owner shall submit an explanation for the delayed sampling date to the department concurrent with the shipment of the sample to the laboratory.

(2) If the owner is unable to report a valid analytical result for a scheduled sampling date due to equipment failure, loss of or damage to the sample, failure to comply with the analytical method requirements, including the quality control requirements of 12VAC5-590-440, or the failure of an approved laboratory to analyze the sample, then the owner shall collect a replacement sample. The owner shall collect the replacement sample not later than 21 days after receiving information that an analytical result cannot be reported for the scheduled date unless the owner demonstrates that collecting a replacement sample within this time frame is not feasible or the department approves an alternative resampling date. The owner shall submit an explanation for the delayed sampling date to the department concurrent with the shipment of the sample to the laboratory.

c. The owner of a waterworks that fails to meet the criteria of subdivision B 5 b of this section for any source water sample required under subsection B of this section shall revise the sampling schedule to add dates for collecting all missed samples. The owner shall submit the revised schedule to the department for approval before the owner begins collecting the missed samples.

6. Sampling locations.

a. The owner of a waterworks required to conduct source water monitoring under subsection B of this section shall collect samples for each water treatment plant that treats either a surface water source or a GUDI source or both. Where multiple water treatment plants draw source water from the same influent, such as the same pipe or intake, the department may approve one set of monitoring results to be used to satisfy the requirements of subsection B of this section for all water treatment plants.

b. The owner shall collect source water samples before chemical treatment, such as coagulants, oxidants, and disinfectants. However, the department may approve the collection of a source water sample after chemical treatment. To grant this approval, the department shall determine that collecting a sample before chemical treatment is not feasible for the owner and that the chemical treatment is unlikely to have a significant adverse effect on the analysis of the sample.

c. The owner of a waterworks that recycle filter backwash water shall collect source water samples before the point of filter backwash water addition.

d. Bank filtration.

(1) The owner that receives Cryptosporidium treatment credit for bank filtration under 12VAC5-590-395 A 2 b (1) shall collect source water samples from the surface water before bank filtration.

(2) The owner that uses bank filtration as pretreatment to a water  treatment plant shall collect source water samples from the well (i.e., after bank filtration). The use of bank filtration during monitoring shall be consistent with routine operational practice. The owner collecting samples after a bank filtration process may not receive treatment credit for the bank filtration under subdivision E 4 c of this section.

e. Multiple sources. The owner of a waterworks that uses multiple source waters, including multiple surface water sources and blended surface water and groundwater sources, shall collect samples as specified in subdivision B 6 e (1) or B 6 e (2) of this section. The use of multiple source waters during monitoring shall be consistent with routine operational practice.

(1) If a sampling tap is available where the source waters are combined before treatment, then the owner shall collect samples from the tap.

(2) If a sampling tap is not available where the source waters are combined before treatment, then the owner shall collect samples at each source near the intake on the same day and shall follow either subdivision B 6 e (2) (a) or B 6 e (2) (b) of this section for sample analysis.

(a) The owner may composite samples from each source into one sample before analysis. The volume of sample from each source shall be weighted according to the proportion of the source water in the total water treatment plant flow at the time the sample is collected.

(b) The owner may choose to have samples analyzed from each source separately and calculate a weighted average of the analysis results for each sampling date. The weighted average shall be calculated by multiplying the analysis result for each source water by the fraction the source water contributed to the total water treatment plant flow at the time the sample was collected and then summing these values.

f. Additional requirements. The owner shall submit a description of the sampling location or locations to the department at the same time as the sampling schedule required in subdivision B 3 of this section. This description shall address the position of the sampling location in relation to the waterworks' source water or source waters and treatment processes, including pretreatment, points of chemical treatment, and filter backwash recycle. If the department does not respond to an owner regarding sampling location or locations, then the owner shall sample at the reported location or locations.

7. Analytical methods. All analytical methods shall be conducted in accordance with 12VAC5-590-440.

8. Approved laboratories.

a. Cryptosporidium. The owner shall have Cryptosporidium samples analyzed by a laboratory that has received reciprocal certification approved under DCLS' Laboratory Certification Program for Analysis of Cryptosporidium in Water.

b. E. coli. A laboratory certified by DCLS for total coliform analysis under 12VAC5-590-440 is approved for E. coli analysis when the laboratory uses the same technique for E. coli that the laboratory uses under 12VAC5-590-440. Laboratories shall use methods for enumeration of E. coli in source water approved in 12VAC5-590-440.

c. Turbidity. Measurements of turbidity shall be made by a party approved by the department.

9. Reporting of the source water results shall be in accordance with 12VAC5-590-531.

10. The owner of a waterworks treating either a surface water source or a GUDI source, or both, that operates for only part of the year shall conduct source water monitoring in accordance with this section, but with the following modifications:

a. The owner shall sample the source water only during the months that the waterworks operates unless the department specifies another monitoring period based on waterworks operating practices.

b. The owner of a waterworks that operates less than six months per year and that monitor for Cryptosporidium shall collect at least six Cryptosporidium samples per year during each of two years of monitoring. Samples shall be evenly spaced throughout the period the waterworks operates.

11. New sources.

a. The owner of a waterworks that begins using either a new surface water source or a GUDI source or both is required to begin monitoring under subdivision B 3 of this section and shall monitor the new source on a schedule approved by the department. Source water monitoring shall meet the requirements of this section. The owner shall also meet the bin classification and Cryptosporidium treatment requirements of subdivisions D 1 and D 2 of this section, for the new source on a schedule approved by the department.

b. The requirements of this section apply to a waterworks using either a surface water source or a GUDI source or both that begin operation after the monitoring start date applicable to the size of the waterworks under subdivision B 3 of this section.

c. The owner shall begin a second round of source water monitoring no later than six years following the initial bin classification under subdivision D 1 of this section.

12. Failure to collect any source water sample required under this section in accordance with the sampling schedule, sampling location, analytical method, approved laboratory, and reporting requirements of subdivisions B 5 through B 9 of this section is a monitoring violation.

13.  Grandparenting monitoring data. The owner may use grandparenting monitoring data collected before the applicable monitoring start date in subdivision B 3 of this section to meet the initial source water monitoring requirements in subdivision B 1 of this section. Grandparented data may be substituted for an equivalent number of months at the end of the monitoring period. All data submitted under this subdivision shall meet the requirements in subdivisions B 13 a through B 13 h of this section and be approved by the department:

a. The owner may grandparent Cryptosporidium samples to meet the requirements of this section when the owner does not have corresponding E. coli and turbidity samples. The owner who grandparents Cryptosporidium samples without E. coli and turbidity samples is not required to collect E. coli and turbidity samples when the owner completes the requirements for Cryptosporidium monitoring under this section.

b. The analysis of E. coli samples shall meet the analytical method and approved laboratory requirements of subdivisions B 7 and B 8 of this section.

c. The analysis of Cryptosporidium samples shall meet the requirements of subdivision B 8 of this section.

d. The sampling location shall meet the conditions in subdivision B 6 of this section.

e. Cryptosporidium sample collection intervals may vary for the conditions specified in subdivisions B 5 b (1) and B 5 b (2) of this section, if the owner provides documentation of the condition when reporting monitoring results.

(1) The department may approve grandparenting of previously collected data where there are time gaps in the sampling frequency if the owner conducts additional monitoring the department specifies to ensure that the data used to comply with the initial source water monitoring requirements of subsection B of this section are seasonally representative and unbiased.

(2) The owner may grandparent previously collected data where the sampling frequency within each month varied. If the Cryptosporidium sampling frequency varied, then the owner shall follow the monthly averaging procedure in subdivision D 1 a (5) of this section, when calculating the bin classification for a filtered waterworks.

f. The owner who requests to grandparent previously collected monitoring results shall report the following information by the applicable dates listed in the following subdivisions. The owner shall report this information to the department.

(1) The owner shall report the intent to submit previously collected monitoring results for  grandparenting. This report shall specify the number of previously collected results the owner shall submit, the dates of the first and last sample, and whether an owner shall conduct additional source water monitoring to meet the requirements in subsection B of this section. The owner shall report this information no later than the date the sampling schedule listed in subdivision B 3 of this section is required.

(2) The owner shall report previously collected monitoring results for  grandparenting no later than two months after the applicable date listed in subdivision B 3 of this section.

(a) For each sample result, the owner shall report the applicable data elements in 12VAC5-590-531 A 5.

(b) The owner shall certify that the reported monitoring results include all results the waterworks generated during the time period beginning with the first reported result and ending with the final reported result. This applies to samples that were collected from the sampling location specified for source water monitoring under subdivision B 1 of this section, not spiked, and analyzed using the laboratory's routine process for the analytical methods listed in this section.

(c) The owner shall certify that the samples were representative of a waterworks' source waters and the source waters have not changed. The owner shall report a description of the sampling location or locations, which shall address the position of the sampling location in relation to the waterworks' source water or source waters and treatment processes, including points of chemical addition and filter backwash recycle.

(d) For Cryptosporidium samples, the laboratory or laboratories that analyzed the samples shall provide a letter certifying that the quality control criteria specified in the methods listed in subdivision B 8 of this section were met for each sample batch associated with the reported results. Alternatively, the laboratory may provide bench sheets and sample examination report forms for each field, matrix spike, initial precision and recovery (IPR), ongoing precision and recovery (OPR), and method blank sample associated with the reported results.

g. If the department determines that a previously collected data set submitted for grandparenting was generated during source water conditions that were not normal for the waterworks, such as a drought, the department may disapprove the data. Alternatively, the department may approve the previously collected data if the owner reports additional source water monitoring data, as determined by the department, to ensure that the data set used under subdivision D 1 of this section represents average source water conditions for the waterworks.

h. If the owner submits previously collected data that fully meets the number of samples required for initial source water monitoring under subdivision B 1 of this section and some of the data are rejected due to not meeting the requirements of this section, then the owner shall conduct additional monitoring to replace rejected data on a schedule approved by the department. The owner is not required to begin this additional monitoring until two months after notification that data have been rejected and additional monitoring is necessary.

C. The owner of a waterworks that plans to make a significant change to the disinfection practice shall develop disinfection profiles and calculate disinfection benchmarks, as described in 12VAC5-590-500.

1. The owner shall notify the department before changing the disinfection practice and shall include in this notice the following information:

a. A completed disinfection profile and disinfection benchmark for Giardia lamblia and viruses;

b. A description of the proposed change in disinfection practice; and

c. An analysis of how the proposed change will affect the current level of disinfection.

2. Significant changes to the disinfection practice are defined as follows:

a. Changes to the point of disinfection;

b. Changes to the disinfectant or disinfectants used in the water treatment plant;

c. Changes to the disinfection process; or

d. Any other modification identified by the department as a significant change to disinfection practice.

D. The owner shall determine the Cryptosporidium treatment bin classification as described in subdivision D 1 of this section and provide additional treatment for Cryptosporidium, if required, as described in subdivision D 2 of this section. The owner shall implement Cryptosporidium treatment according to the schedule in subdivision D 3 of this section.

1. Bin classification for waterworks.

a. Following completion of the initial round of source water monitoring required under subdivision B 1 of this section, the owner shall calculate an initial Cryptosporidium bin concentration for each water treatment plant for which monitoring was required. Calculation of the bin concentration shall use the Cryptosporidium results reported under subdivision B 1 of this section and shall follow these procedures:

(1) For the owner who collects a total of at least 48 samples, the bin concentration is equal to the arithmetic mean of all sample concentrations.

(2) For the owner who collects a total of at least 24 samples, but not more than 47 samples, the bin concentration is equal to the highest arithmetic mean of all sample concentrations in any 12 consecutive months during which Cryptosporidium samples were collected.

(3) For the owner of a waterworks that serves fewer than 10,000 people and monitor for Cryptosporidium for only one year (i.e., collect 24 samples in 12 months), the bin concentration is equal to the arithmetic mean of all sample concentrations.

(4) For  water treatment plants that operate only part of the year and that monitor fewer than 12 months per year under subdivision B 1 of this section, the bin concentration is equal to the highest arithmetic mean of all sample concentrations during any year of Cryptosporidium monitoring.

(5) If the monthly Cryptosporidium sampling frequency varies, then the owner shall first calculate a monthly average for each month of monitoring. The owner shall then use these monthly average concentrations, rather than individual sample concentrations, in the applicable calculation for bin classification in subdivisions D 1 a (1) through D 1 a (4) of this section.

b. The owner shall determine the initial bin classification from Table 401.2 using the Cryptosporidium bin concentration calculated under subdivision D 1 a of this section:

 

TABLE 401.2.

Bin Classification for Filtered Waterworks.

 

FOR OWNERS OF WATERWORKS THAT ARE:

WITH A CRYPTOSPORIDIUM BIN CONCENTRATION OFa ...

THE BIN CLASSIFICATION IS...

 

...required to monitor for Cryptosporidium under subdivision B 1 of this section

Cryptosporidium less than 0.075 oocysts/L

Bin 1

 

Cryptosporidium equal to or greater than 0.075 oocysts/L but less than 1.0 oocysts/L

Bin 2

 

Cryptosporidium equal to or greater than 1.0 oocysts/L but less than 3.0 oocysts/L

Bin 3

 

Cryptosporidium equal to or greater than 3.0 oocysts/L

Bin 4

 

...serving fewer than 10,000 people and NOT required to monitor for Cryptosporidium under subdivision B 1 c of this section

Not Applicable

Bin 1

1a aBased on calculations in subdivision D 1 a or D 1 c of this section, as applicable.

c. Following completion of the second round of source water monitoring required under subdivision B 2 of this section, the owner shall recalculate the Cryptosporidium bin concentration using the Cryptosporidium results reported under subdivision B 2 of this section and following the procedures in subdivisions D 1 a (1) through D 1 a (4) of this section. The owner shall then redetermine the bin classification using this bin concentration and Table 401.3.

d. Reporting of bin classifications.

(1) The owner shall report the initial bin classification under subdivision D 1 b of this section to the department for approval no later than six months after the waterworks is required to complete the initial source water monitoring based on the schedule in subdivision B 3 of this section.

(2) The owner shall report the bin classification under subdivision D 1 c of this section to the department for approval no later than six months after the owner is required to complete the second round of source water monitoring based on the schedule in subdivision D 1 a (3) of this section.

(3) The bin classification report to the department shall include a summary of source water monitoring data and the calculation procedure used to determine bin classification.

e. Failure to comply with the conditions of subdivision D 1 d of this section is a violation of the treatment technique requirement.

2. Waterworks additional Cryptosporidium treatment requirements.

a. A waterworks shall provide the level of additional treatment for Cryptosporidium specified in this subdivision based on the bin classification as determined under subdivision D 1 of this section and according to the schedule in subdivision D 3 b of this section.

 

TABLE 401.3.

Cryptosporidium Treatment Requirements.

 

IF THE WATERWORKS BIN CLASSIFICATION IS...

AND THE WATERWORKS USES THE FOLLOWING FILTRATION TREATMENT IN FULL COMPLIANCE WITH 12VAC5-590-395 A 1 AND 12VAC5-590-395 A 2, THEN THE ADDITIONAL CRYPTOSPORIDIUM TREATMENT REQUIREMENTS ARE...

 

Conventional filtration treatment (including softening)

Direct filtration

Slow sand or diatomaceous earth filtration

Alternative filtration technologies

 

Bin 1

No additional treatment

No additional treatment

No additional treatment

No additional treatment

 

Bin 2

1-log treatment

1.5-log treatment

1-log treatment

a

 

Bin 3

2-log treatment

2.5-log treatment

2-log treatment

b

 

Bin 4

2.5-log treatment

3-log treatment

2.5-log treatment

c

 

a As determined by the department such that the total Cryptosporidium removal and inactivation is at least 4.0-log.

b As determined by the department such that the total Cryptosporidium removal and inactivation is at least 5.0-log.

c As determined by the department such that the total Cryptosporidium removal and inactivation is at least 5.5-log.

 

b. Additional treatment.

(1) The owner shall use one or more of the treatment and management options listed in subsection E of this section, termed the microbial toolbox, to comply with the additional Cryptosporidium treatment required in subdivision D 2 a of this section.

(2) A waterworks classified in Bin 3 and Bin 4 shall achieve at least 1-log of the additional Cryptosporidium treatment required under subdivision D 2 a of this section using either one or a combination of the following: (i) bag filters, (ii) bank filtration, (iii) cartridge filters, (iv) chlorine dioxide, (v) membranes, (vi) ozone, or (vii) UV, as described in subdivisions E 3 through E 7 of this section.

c. Failure by a waterworks in any month to achieve treatment credit by meeting criteria in subdivisions E 3 through E 7 of this section for microbial toolbox options that is at least equal to the level of treatment required in subdivision D 2 a of this section is a violation of the treatment technique requirement.

d. If the department determines during a sanitary survey or an equivalent source water assessment that after an owner completed the monitoring conducted under subdivision B 1 or B 2 of this section, significant changes occurred in the waterworks' watershed that could lead to increased contamination of the source water by Cryptosporidium, then the owner shall take actions specified by the department to address the contamination. These actions may include additional source water monitoring or implementing microbial toolbox options listed in subdivision E 2 of this section.

3. Schedule for compliance with Cryptosporidium treatment requirements.

a. Following the initial bin classification in accordance with subdivision D 1 b of this section, the owner shall provide the level of treatment for Cryptosporidium required under subdivision D 2 of this section according to the schedule in subdivision D 3 b of this section.

b. If the bin classification for a filtered waterworks changes following the second round of source water monitoring, as determined under subdivision D 1 c of this section, then the owner shall provide the level of treatment for Cryptosporidium required under subdivision D 2 of this section on a schedule approved by the department.

E. The owner of a waterworks required to provide additional treatment for Cryptosporidium shall implement microbial toolbox options that are designed and operated as described in subdivisions E 1 through E 7 of this section.

1. The owner receives the treatment credits listed in Table 401.4 by meeting the conditions for microbial toolbox options described in subdivisions E 3 through E 7 of this section. The owner shall apply these treatment credits to meet the treatment requirements in subdivision D 2 of this section.

2. Microbial Toolbox Summary Table: Options, Treatment Credits and Criteria

 

TABLE 401.4.

Microbial Toolbox Summary: Options, Treatment Credits and Criteria.

TOOLBOX OPTION

CRYPTOSPORIDIUM TREATMENT CREDIT WITH DESIGN AND IMPLEMENTATION CRITERIA

Source Protection and Management Toolbox Options

Alternative source/ intake management

No prescribed credit. The owner may conduct simultaneous monitoring for treatment bin classification at alternative intake locations or under alternative intake management strategies. Specific criteria are in subdivision E 3 b of this section.

Prefiltration Toolbox Options

Presedimentation basin with coagulation

0.5-log credit during any month that presedimentation basins achieve a monthly mean reduction of 0.5-log or greater in turbidity or alternative performance criteria approved by the department. To be eligible, basins shall be operated continuously with coagulant addition and all water treatment plant flow shall pass through basins. Specific criteria are in subdivision E 4 a of this section.

Two-stage lime softening

0.5-log credit for two-stage softening where chemical addition and hardness precipitation occur in both stages. All water treatment plant flow shall pass through both stages. Single-stage softening is credited as equivalent to conventional treatment. Specific criteria are in subdivision E 4 b of this section.

Bank filtration

0.5-log credit for 25-foot setback; 1.0-log credit for 50-foot setback; aquifer shall be unconsolidated sand containing at least 10% fines; average turbidity in wells shall be less than 1 NTU. A waterworks using wells followed by filtration when conducting source water monitoring shall sample the well to determine bin classification and are not eligible for additional credit. Specific criteria are in subdivision E 4 c of this section.

Treatment Performance Toolbox Options

Combined filter performance

0.5-log credit for CFE turbidity less than or equal to 0.15 NTU in at least 95% of measurements each month. Specific criteria are in subdivision E 5 a of this section.

Individual filter performance

0.5-log credit (in addition to 0.5-log combined filter performance credit) if individual filter effluent turbidity is less than or equal to 0.15 NTU in at least 95% of samples each month in each filter and is never greater than 0.3 NTU in two consecutive measurements in any filter. Specific criteria are in subdivision E 5 b of this section.

Additional Filtration Toolbox Options

Bag or cartridge filters (individual filters)

Up to 2-log credit based on the removal efficiency demonstrated during challenge testing with a 1.0-log factor of safety. Specific criteria are in subdivision E 6 a of this section.

Bag or cartridge filters (in series)

Up to 2.5-log credit based on the removal efficiency demonstrated during challenge testing with a 0.5-log factor of safety. Specific criteria are in subdivision E 6 a of this section.

Membrane filtration

Log credit equivalent to removal efficiency demonstrated in challenge test for device if supported by direct integrity testing. Specific criteria are in subdivision E 6 b of this section.

Second stage filtration

0.5-log credit for second separate granular media filtration stage if treatment train includes coagulation before first filter. Specific criteria are in subdivision E 6 c of this section.

Slow sand filters

2.5-log credit as a secondary filtration step; 3.0-log credit as a primary filtration process. No prior chlorination for either option. Specific criteria are in subdivision E 6 d of this section.

Inactivation Toolbox Options

Chlorine dioxide

Log credit based on measured CT in relation to Table 401.5. Specific criteria in subdivision E 7 b of this section.

Ozone

Log credit based on measured CT in relation to Table 401.6. Specific criteria in subdivision E 7 b of this section.

UV

Log credit based on validated UV dose in relation to Table 401.7; reactor validation testing required to establish UV dose and associated operating conditions. Specific criteria in subdivision E 7 c of this section.

3. Source toolbox components.

a. Reserved.

b. Alternative source.

(1) The owner may conduct source water monitoring that reflects a different intake location (either in the same source or for an alternate source) or a different procedure for the timing or level of withdrawal from the source (alternative source water monitoring). If the department approves, then the  owner may determine the bin classification under subdivision D 1 of this section based on the alternative source water monitoring results.

(2) If the owner conducts alternative source water monitoring under subdivision E 3 b (1) of this section, then the owner shall also monitor the current water treatment plant intake concurrently as described in subsection B of this section. "Plant intake" means the works or structures at the head of a conduit through which source water is diverted (e.g., river or lake) into the water treatment plant.

(3) Alternative source water monitoring under subdivision E 3 b (1) of this section shall meet the requirements for source water monitoring to determine bin classification, as described in subdivisions B 1 through B 13 of this section. The owner shall report the alternative source water monitoring results to the department, along with supporting information documenting the operating conditions under which the samples were collected.

(4) If the owner determines the bin classification under subdivision D 1 of this section using alternative source water monitoring results that reflect a different intake location or a different procedure for managing the timing or level of withdrawal from the source, then the owner shall relocate the intake or permanently adopt the withdrawal procedure, as applicable, no later than the applicable treatment compliance date in subdivision D 3 of this section.

4. Prefiltration treatment toolbox components.

a. Presedimentation. The owner receives 0.5-log Cryptosporidium treatment credit for a presedimentation basin during any month the process meets the following criteria:

(1) The presedimentation basin shall be in continuous operation and shall treat the entire water treatment plant flow at a waterworks using either a surface water source or a GUDI source or both.

(2) A coagulant shall be continuously added to the presedimentation basin.

(3) The presedimentation basin shall achieve the performance criteria in either of the following:

(a) Demonstrates at least 0.5-log mean reduction of influent turbidity. This reduction shall be determined using daily turbidity measurements in the presedimentation process influent and effluent and shall be calculated as follows: log10 (monthly mean of daily influent turbidity) - log10 (monthly mean of daily effluent turbidity).

(b) Complies with the performance criteria approved by the department that demonstrate at least 0.5-log mean removal of micron-sized particulate material through the presedimentation process.

b. Two-stage lime softening. The owner receives an additional 0.5-log Cryptosporidium treatment credit for a two-stage lime softening plant if chemical addition and hardness precipitation occur in two separate and sequential softening stages before filtration. Both softening stages shall treat the entire plant flow taken from either a surface water source or a GUDI source or both.

c. Bank filtration. The owner receives Cryptosporidium treatment credit for bank filtration that serves as pretreatment to a water filtration plant by meeting the criteria in this subdivision. The owner using bank filtration upon beginning source water monitoring under subdivision B 1 of this section shall collect samples as described in subdivision B 6 d of this section and is not eligible for this credit.

(1) Wells with a groundwater flow path of at least 25 feet receive 0.5-log treatment credit; and wells with a groundwater flow path of at least 50 feet receive 1.0-log treatment credit. The groundwater flow path shall be determined as specified in subdivision E 4 c (4) of this section.

(2) Only wells in granular aquifers are eligible for treatment credit. Granular aquifers are those comprised of sand, clay, silt, rock fragments, pebbles or larger particles, and minor cement. The owner shall characterize the aquifer at the well site to determine aquifer properties. The owner shall extract a core from the aquifer and demonstrate that in at least 90% of the core length, grains less than 1.0 mm in diameter constitute at least 10% of the core material.

(3) Only horizontal and vertical wells are eligible for treatment credit.

(4) For vertical wells, the groundwater flow path is the measured distance from the edge of the surface water body under high flow conditions (determined by the 100-year flood elevation boundary or by the floodway, as defined in Federal Emergency Management Agency flood hazard maps) to the well screen. For horizontal wells, the groundwater flow path is the measured distance from the bed of the river under normal flow conditions to the closest horizontal well lateral screen.

(5) The owner shall monitor each wellhead for turbidity at least once every four hours while the bank filtration process is in operation. If monthly average turbidity levels, based on daily maximum values in the well, exceed 1 NTU, the owner shall report this result to the department and conduct an assessment within 30 days to determine the cause of the high turbidity levels in the well. If the department determines that microbial removal has been compromised, the department may revoke treatment credit until the owner implements corrective actions approved by the department to remediate the problem.

(6) Springs and infiltration galleries are not eligible for treatment credit under this section.

(7) Bank filtration demonstration of performance. The department may approve Cryptosporidium treatment credit for bank filtration based on a demonstration-of-performance study that meets the criteria in this subdivision. This treatment credit may be greater than 1.0-log and may be awarded to bank filtration that does not meet the criteria in subdivisions E 4 c (1) through E 4 c (5) of this section.

(a) The study shall follow a protocol approved by the department and shall involve the collection of data on the removal of Cryptosporidium or a surrogate for Cryptosporidium and related hydrogeologic and water quality parameters during the full range of operating conditions.

(b) The study shall include sampling both from the production well or wells and from monitoring wells that are screened and located along the shortest flow path between the surface water source and the production well or wells.

5. Treatment performance toolbox components.

a. Combined filter performance. The owner using conventional filtration treatment or direct filtration treatment receives an additional 0.5-log Cryptosporidium treatment credit during any month the waterworks meets the criteria in this subdivision. Combined filter effluent (CFE) turbidity shall be less than or equal to 0.15 NTU in at least 95% of the measurements. Turbidity shall be measured as described in 12VAC5-590-376 B.

b. Individual filter performance. The owner using conventional filtration treatment or direct filtration treatment receives 0.5-log Cryptosporidium treatment credit, which can be in addition to the 0.5-log credit under subdivision E 5 a of this section, during any month the waterworks meets the criteria in this subdivision. Compliance with these criteria shall be based on individual filter turbidity monitoring as described in 12VAC5-590-376 B.

(1) The filtered water turbidity for each individual filter shall be less than or equal to 0.15 NTU in at least 95% of the measurements recorded each month.

(2) No individual filter may have a measured turbidity greater than 0.3 NTU in two consecutive measurements  collected 15 minutes apart.

(3) The owner who has received treatment credit for individual filter performance and fails to meet the requirements of subdivision E 5 b (1) or E 5 b (2) of this section during any month does not receive a treatment technique violation under subdivision D 2 c of this section if the department determines the following:

(a) The failure was due to unusual and short-term circumstances that could not reasonably be prevented through optimizing water treatment plant design, operation, and maintenance.

(b) The waterworks has experienced no more than two failures in any calendar year.

6. Additional filtration toolbox components.

a. Bag and cartridge filters. The owner receives Cryptosporidium treatment credit of up to 2.0-log for individual bag or cartridge filters and up to 2.5-log for bag or cartridge filters operated in series by meeting the criteria in subdivisions E 6 a (1) through E 6 a (10) of this section. To be eligible for this credit, the owner shall report the results of challenge testing that meets the requirements of subdivisions E 6 a (2) through E 6 a (9) of this section to the department. The filters shall treat the entire water treatment plant flow taken from either a surface water source or a GUDI source or both.

(1) The Cryptosporidium treatment credit awarded to bag or cartridge filters shall be based on the removal efficiency demonstrated during challenge testing that is conducted according to the criteria in subdivisions E 6 a (2) through E 6 a (9) of this section. A factor of safety equal to 1-log for individual bag or cartridge filters and 0.5-log for bag or cartridge filters in series shall be applied to challenge testing results to determine removal credit. The owner may use the results from challenge testing conducted before January 5, 2006, if the prior testing was consistent with the criteria specified in subdivisions E 6 a (2) through E 6 a (9) of this section.

(2) Challenge testing shall be performed on full-scale bag or cartridge filters, and the associated filter housing or pressure vessel, that are identical in material and construction to the filters and housings the waterworks will use for removal of Cryptosporidium. Bag or cartridge filters shall be challenge tested in the same configuration that the waterworks will use, either as individual filters or as a series configuration of filters.

(3) Challenge testing shall be conducted using Cryptosporidium or a surrogate that is removed no more efficiently than Cryptosporidium. The microorganism or surrogate used during challenge testing is referred to as the challenge particulate. The concentration of the challenge particulate shall be determined using a method capable of discreetly quantifying the specific microorganism or surrogate used in the test; gross measurements such as turbidity shall not be used.

(4) The maximum feed water concentration that can be used during a challenge test shall be based on the detection limit of the challenge particulate in the filtrate (i.e., filtrate detection limit) and shall be calculated using the following equation:

Maximum Feed Concentration = 1 x 104 x (Filtrate Detection Limit)

(5) Challenge testing shall be conducted at the maximum design flow rate for the filter as specified by the manufacturer.

(6) Each filter evaluated shall be tested for a duration sufficient to reach 100% of the terminal pressure drop that establishes the maximum pressure drop under which the filter may be used to comply with the requirements of subdivision E 6 of this section.

(7) Removal efficiency of a filter shall be determined from the results of the challenge test and expressed in terms of log removal values using the following equation:

LRV = LOG10(Cf) - LOG10(Cp),

where LRV = log removal value demonstrated during challenge testing; Cf = the feed concentration measured during the challenge test; and Cp = the filtrate concentration measured during the challenge test. In applying this equation, the same units shall be used for the feed and filtrate concentrations. If the challenge particulate is not detected in the filtrate, then the term Cp shall be set equal to the detection limit.

(8) Each filter tested shall be challenged with the challenge particulate during three periods over the filtration cycle: within two hours of start-up of a new filter; when the pressure drop is between 45% and 55% of the terminal pressure drop; and at the end of the cycle after the pressure drop has reached 100% of the terminal pressure drop. An LRV shall be calculated for each of these challenge periods for each filter tested. The LRV for the filter (LRV filter) shall be assigned the value of the minimum LRV observed during the three challenge periods for that filter.

(9) If fewer than 20 filters are tested, then the overall removal efficiency for the filter product line shall be set equal to the lowest LRV filter among the filters tested. If 20 or more filters are tested, then the overall removal efficiency for the filter product line shall be set equal to the 10th percentile of the set of LRV filter values for the various filters tested. The percentile is defined by (i/(n+1)), where i is the rank of n individual data points ordered lowest to highest. If necessary, the 10th percentile may be calculated using linear interpolation.

(10) If a previously tested filter is modified in a manner that could change the removal efficiency of the filter product line, then challenge testing to demonstrate the removal efficiency of the modified filter shall be conducted and submitted to the department.

b. Membrane filtration.

(1) The owner receives Cryptosporidium treatment credit for membrane filtration that meets the criteria of this subdivision. Membrane cartridge filters that meet the definition of membrane filtration in 12VAC5-590-10 are eligible for this credit. The level of treatment credit the owner receives is equal to the lower of the values determined as follows:

(a) The removal efficiency demonstrated during challenge testing conducted under the conditions in subdivision E 6 b (2) of this section.

(b) The maximum removal efficiency that can be verified through direct integrity testing used with the membrane filtration process under the conditions in subdivision E 6 b (3) of this section.

(2) Challenge Testing. The membrane used by the waterworks shall undergo challenge testing to evaluate removal efficiency, and the owner shall report the results of the challenge testing to the department. Challenge testing shall be conducted according to the criteria in subdivisions E 6 b (2) (a) through E 6 b (2) (g) of this section. The owner may use data from challenge testing conducted before January 5, 2006, if the prior testing was consistent with the criteria:

(a) Challenge testing shall be conducted on either a full-scale membrane module, identical in material and construction to the membrane modules used in the waterworks' treatment facility, or a smaller-scale membrane module, identical in material and similar in construction to the full-scale module. A module is defined as the smallest component of a membrane unit in which a specific membrane surface area is housed in a device with a filtrate outlet structure.

(b) Challenge testing shall be conducted using Cryptosporidium or a surrogate that is removed no more efficiently than Cryptosporidium. The organism or surrogate used during challenge testing is referred to as the challenge particulate. The concentration of the challenge particulate, in both the feed and filtrate water, shall be determined using a method capable of discretely quantifying the specific challenge particulate used in the test; gross measurements such as turbidity shall not be used.

(c) The maximum feed water concentration that can be used during a challenge test is based on the detection limit of the challenge particulate in the filtrate and shall be determined according to the following equation:

Maximum Feed Concentration = 3.16 x 106 x (Filtrate Detection Limit)

(d) Challenge testing shall be conducted under representative hydraulic conditions at the maximum design flux and maximum design process recovery specified by the manufacturer for the membrane module. Flux is defined as the throughput of a pressure-driven membrane process expressed as flow per unit of membrane area. Recovery is defined as the volumetric percent of feed water that is converted to filtrate over the course of an operating cycle uninterrupted by events such as chemical cleaning or a solids removal process (i.e., backwashing).

(e) Removal efficiency of a membrane module shall be calculated from the challenge test results and expressed as a log removal value according to the following equation:

LRV = LOG10(Cf) - LOG10(Cp),

where LRV = log removal value demonstrated during the challenge test; Cf = the feed concentration measured during the challenge test; and Cp = the filtrate concentration measured during the challenge test. Equivalent units shall be used for the feed and filtrate concentrations. If the challenge particulate is not detected in the filtrate, then the term Cp is set equal to the detection limit for the purpose of calculating the LRV. An LRV shall be calculated for each membrane module evaluated during the challenge test.

(f) The removal efficiency of a membrane filtration process demonstrated during challenge testing shall be expressed as a log removal value (LRVC-Test). If fewer than 20 modules are tested, then LRVC-Test is equal to the lowest of the representative LRVs among the modules tested. If 20 or more modules are tested, then LRVC-Test is equal to the 10th percentile of the representative LRVs among the modules tested. The percentile is defined by (i/(n+1)), where i is the rank of n individual data points ordered lowest to highest. If necessary, the 10th percentile may be calculated using linear interpolation.

(g) The challenge test shall establish a QCRV for a nondestructive performance test that demonstrates the Cryptosporidium removal capability of the membrane filtration module. This performance test shall be applied to each production membrane module used by the waterworks that was not directly challenge tested to verify Cryptosporidium removal capability. Production modules that do not meet the established QCRV are not eligible for the treatment credit demonstrated during the challenge test.

(h) If a previously tested membrane is modified in a manner that could change the removal efficiency of the membrane or the applicability of the nondestructive performance test and associated QCRV, then additional challenge testing to demonstrate the removal efficiency of, and determine a new QCRV for, the modified membrane shall be conducted and submitted to the department.

(3) Direct integrity testing. The owner shall conduct direct integrity testing in a manner that demonstrates a removal efficiency equal to or greater than the removal credit awarded to the membrane filtration process and meets the requirements described in subdivisions E 6 b (3) (a) through E 6 b (3) (f) of this section. A direct integrity test is defined as a physical test applied to a membrane unit to identify and isolate integrity breaches (i.e., one or more leaks that could result in contamination of the filtrate).

(a) The direct integrity test shall be independently applied to each membrane unit in service. A membrane unit is defined as a group of membrane modules that share common valving that allows the unit to be isolated from the rest of the waterworks for the purpose of integrity testing or other maintenance.

(b) The direct integrity method shall have a resolution of three micrometers or less, where resolution is defined as the size of the smallest integrity breach that contributes to a response from the direct integrity test.

(c) The direct integrity test shall have a sensitivity sufficient to verify the log treatment credit awarded to the membrane filtration process by the department, where sensitivity is defined as the maximum log removal value that can be reliably verified by a direct integrity test. Sensitivity shall be determined using the approach in either of the following as applicable to the type of direct integrity test the waterworks uses:

(i) For direct integrity tests that use an applied pressure or vacuum, the direct integrity test sensitivity shall be calculated according to the following equation:

LRVDIT = LOG10(Qp /(VCF x Qbreach)),

where LRVDIT = the sensitivity of the direct integrity test;

Qp = total design filtrate flow from the membrane unit;

Qbreach = flow of water from an integrity breach associated with the smallest integrity test response that can be reliably measured; and

VCF = volumetric concentration factor. The volumetric concentration factor is the ratio of the suspended solids concentration on the high-pressure side of the membrane relative to that in the feed water.

(ii) For direct integrity tests that use a particulate or molecular marker, the direct integrity test sensitivity shall be calculated according to the following equation:

LRVDIT = LOG10(Cf) - LOG10(Cp),

where LRVDIT = the sensitivity of the direct integrity test;

Cf = the typical feed concentration of the marker used in the test; and

Cp = the filtrate concentration of the marker from an integral membrane unit.

(d) The owner shall establish a control limit within the sensitivity limits of the direct integrity test that is indicative of an integral membrane unit capable of meeting the removal credit awarded by the department.

(e) If the result of a direct integrity test exceeds the control limit established under subdivision E 6 b (3) (d) of this section, then the owner shall remove the membrane unit from service. The owner shall conduct a direct integrity test to verify any repairs, and may return the membrane unit to service only if the direct integrity test is within the established control limit.

(f) The owner shall conduct direct integrity testing on each membrane unit at a frequency of not less than once each day that the membrane unit is in operation. The department may approve less frequent testing, based on demonstrated process reliability, the use of multiple barriers effective for Cryptosporidium, or reliable process safeguards.

(4) Indirect integrity monitoring. The owner shall conduct continuous indirect integrity monitoring on each membrane unit according to the criteria in subdivisions E 6 b (4) (a) through E 6 b (4) (e). Indirect integrity monitoring is defined as monitoring some aspect of filtrate water quality that is indicative of the removal of particulate matter. The owner who implements continuous direct integrity testing of membrane units in accordance with the criteria in subdivisions E 6 b (3) (a) through E 6 b (3) (f) of this section is not subject to the requirements for continuous indirect integrity monitoring. The owner shall submit a monthly report to the department summarizing all continuous indirect integrity monitoring results triggering direct integrity testing and the corrective action that was taken in each case.

(a) Unless the department approves an alternative parameter, continuous indirect integrity monitoring shall include continuous filtrate turbidity monitoring.

(b) Continuous monitoring shall be conducted at a frequency of no less than once every 15 minutes.

(c) Continuous monitoring shall be separately conducted on each membrane unit.

(d) If indirect integrity monitoring includes turbidity and if the filtrate turbidity readings are above 0.15 NTU for a period greater than 15 minutes (i.e., two consecutive 15-minute readings above 0.15 NTU), direct integrity testing shall immediately be performed on the associated membrane unit as specified in subdivisions E 6 b (3) (a) through E 6 b (3) (f) of this section.

(e) If indirect integrity monitoring includes an alternative parameter approved by the department and if the alternative parameter exceeds a control limit approved by the department for a period greater than 15 minutes, then direct integrity testing shall immediately be performed on the associated membrane units as specified in subdivisions E 6 b (3) (a) through E 6 b (3) (f) of this section.

c. Second stage filtration. The owner receives 0.5-log Cryptosporidium treatment credit for a separate second stage of filtration that consists of sand, dual media, GAC, or other fine grain media following granular media filtration if approved by the department. To be eligible for this credit, the first stage of filtration shall be preceded by a coagulation step and both filtration stages shall treat the entire water treatment treatment plant flow taken from either a surface water source or a GUDI source or both. A cap, such as GAC, on a single stage of filtration is not eligible for this credit. The department shall approve the treatment credit based on an assessment of the design characteristics of the filtration process.

d. Slow sand filtration (as secondary filter). The owner is eligible to receive 2.5-log Cryptosporidium treatment credit for a slow sand filtration process that follows a separate stage of filtration if both filtration stages treat the entire water treatment plant flow taken from either a surface water source or a GUDI source or both and no residual disinfectant is present in the influent water to the slow sand filtration process. The department shall approve the treatment credit based on an assessment of the design characteristics of the filtration process. This subdivision does not apply to treatment credit awarded to slow sand filtration used as a primary filtration process.

7. Inactivation toolbox components.

a. Calculation of CT values.

(1) CT is the product of the disinfectant contact time (T, in minutes) and disinfectant concentration (C, in milligrams per liter). The owner of a waterworks with treatment credit for chlorine dioxide or ozone under subdivision E 7 b of this section shall calculate CT at least once each day, with both C and T measured during peak hourly flow in accordance with the procedure listed in 12VAC5-590-500.

(2) A waterworks with several disinfection segments in sequence may calculate CT for each segment, where a disinfection segment is defined as a treatment unit process with a measurable residual disinfectant level and a liquid volume. Under this approach, the owner shall add the Cryptosporidium CT values in each segment to determine the total CT for the treatment plant.

b. CT values for chlorine dioxide and ozone.

(1) The owner receives the Cryptosporidium treatment credit listed in Table 401.5 by meeting the corresponding chlorine dioxide CT value for the applicable water temperature, as described in subdivision E 7 a of this section.

 

TABLE 401.5.

CT Values (mg-min/L) for Cryptosporidium Inactivation by Chlorine Dioxidea.

WATER TEMPERATURE, oC

LOG CREDIT

≤0.5

1

2

3

5

7

0.25

159

153

140

128

107

90

0.5

319

305

279

256

214

180

1.0

637

610

558

511

429

360

1.5

956

915

838

767

643

539

2.0

1275

1220

1117

1023

858

719

2.5

1594

1525

1396

1278

1072

899

3.0

1912

1830

1675

1534

1286

1079

WATER TEMPERATURE, oC

LOG CREDIT

10

15

20

25

30

0.25

69

45

29

19

12

0.5

138

89

58

38

24

1.0

277

179

116

75

49

1.5

415

268

174

113

73

2.0

553

357

232

150

98

2.5

691

447

289

188

122

3.0

830

536

347

226

147

a The owner may use this equation to determine log credit between the indicated values:

Log credit = (0.001506×(1.09116)Temp)× CT.

(2) The owner receives the Cryptosporidium treatment credit listed in Table 401.6 by meeting the corresponding ozone CT values for the applicable water temperature, as described in subdivision E 7 a of this section.


TABLE 401.6.

CT Values (mg-min/L) for Cryptosporidium Inactivation by Ozonea.

LOG CREDIT

WATER TEMPERATURE, °C

≤0.5

1

2

3

5

7

10

15

20

25

30

0.25

6.0

5.8

5.2

4.8

4.0

3.3

2.5

1.6

1.0

0.6

0.39

0.5

12

12

10

9.5

7.9

6.5

4.9

3.1

2.0

1.2

0.78

1.0

24

23

21

19

16

13

9.9

6.2

3.9

2.5

1.6

1.5

36

35

31

29

24

20

15

9.3

5.9

3.7

2.4

2.0

48

46

42

38

32

26

20

12

7.8

4.9

3.1

2.5

60

58

52

48

40

33

25

16

9.8

6.2

3.9

3.0

72

69

63

57

47

39

30

19

12

7.4

4.7

aThe owner may use this equation to determine log credit between the indicated values:

Log credit = (0.0397×(1.09757)Temp)× CT.

c. UV light. The owner receives Cryptosporidium, Giardia lamblia, and virus treatment credits for UV light reactors by achieving the corresponding UV dose values shown in subdivision E 7 c (1) of this section. The owner shall validate and monitor UV reactors as described in subdivisions E 7 c (2) and E 7 c (3) of this section to demonstrate that they are achieving a particular UV dose value for treatment credit.

(1) UV dose table. The treatment credits listed in Table 401.7 are for UV light at a wavelength of 254 nm as produced by a low-pressure mercury vapor lamp. To receive treatment credit for other lamp types, the owner shall demonstrate an equivalent germicidal dose through reactor validation testing, as described in subdivision E 7 c (2) of this section. The UV dose values listed in Table 401.7 are applicable only to post-filter applications of UV in filtered waterworks.

 

TABLE 401.7.

UV Doses for Cryptosporidium, Giardia lamblia and Virus Inactivation Credit.

LOG CREDIT

CRYPTOSPORIDIUM UV DOSE (mJ/cm2)

GIARDIA LAMBLIA UV DOSE (mJ/cm2)

VIRUS UV DOSE (mJ/cm2)

0.5

1.6

1.5

39

1.0

2.5

2.1

58

1.5

3.9

3.0

79

2.0

5.8

5.2

100

2.5

8.5

7.7

121

3.0

12

11

143

3.5

15

15

163

4.0

22

22

186

(2) Reactor validation testing. The owner shall use UV reactors that have undergone validation testing to determine the operating conditions under which the reactor delivers the UV dose required in subdivision E 7 c (1) of this section (i.e., validated operating conditions). These operating conditions shall include flow rate, UV intensity as measured by a UV sensor, and UV lamp status.

(a) When determining validated operating conditions, the owner shall account for the following factors: (i) UV absorbance of the water; (ii) lamp fouling and aging; (iii) measurement uncertainty of online sensors; (iv) UV dose distributions arising from the velocity profiles through the reactor; (v) failure of UV lamps or other critical waterworks components; and (vi) inlet and outlet piping or channel configurations of the UV reactor.

(b) Validation testing shall include the following: full-scale testing of a reactor that conforms uniformly to the UV reactors used by the waterworks and inactivation of a test microorganism whose dose-response characteristics have been quantified with a low-pressure mercury vapor lamp.

(c) UV reactor validation testing shall be in accordance with EPA's recommended validation protocol for UV reactors, as described in EPA's "Ultraviolet Disinfection Guidance Manual for the Final Long Term 2 Enhanced Surface Water Treatment Rule," November 2006, EPA Office of Water. Alternative protocols may be considered for approval by the department on a case-by-case basis.

(d) Validation testing, whether onsite or offsite, shall be performed by a third party independent of the UV reactor manufacturer and the owner, to ensure that validation testing and data analysis are conducted in a technically sound manner without bias.

(e) To receive credit for lamp types other than low-pressure types, the owner shall demonstrate an equivalent germicidal dose through reactor validation testing.

(f) A validation report shall be submitted and approved by the department to receive disinfection credit.

(3) UV reactor monitoring.

(a) The owner shall monitor the UV reactors to determine if the reactors are operating within validated conditions, as determined under subdivision E 7 c (2) of this section. This monitoring shall include UV intensity as measured by a UV sensor, flow rate, lamp status, and other parameters the department designates based on UV reactor operation. The owner shall verify the calibration of UV sensors and shall recalibrate sensors in accordance with a protocol approved by the department.

(b) To receive treatment credit for UV light, the owner shall treat at least 95% of the water delivered to the public during each month by the UV reactors operating within validated conditions for the required UV dose, as described in subdivisions E 7 c (1) and E 7 c (2) of this section. The owner shall demonstrate compliance with this condition by the monitoring required under subdivision E 7 c (3) (a) of this section.

F. The owner shall comply with the applicable recordkeeping and reporting requirements described in 12VAC5-590-530, 12VAC5-590-531, 12VAC5-590-550, and 12VAC5-590-570.

12VAC5-590-405. Lead and copper treatment techniques.

A. Lead and copper corrosion control techniques.

1. Corrosion control treatment requirements. The owners owner of all a community waterworks and or a nontransient noncommunity waterworks NTNC shall install and operate optimum corrosion control treatment by completing the corrosion control treatment requirements described below which are applicable to such these owners waterworks under subdivision A 2 of this section.

a. Owner's proposal regarding corrosion control treatment. Based upon the results of lead and copper tap monitoring and water quality parameter monitoring, the owners owner of a small and or medium waterworks exceeding the lead or copper action level AL shall propose installation of one or more of the corrosion control treatments listed in subdivision A 1 c (1) of this section that the owner believes constitutes optimal corrosion control for that waterworks. The commissioner department may require the owner to conduct additional water quality parameter monitoring in accordance with 12VAC5-590-375 C 2 to assist the commissioner department in reviewing evaluating the proposal.

b. Applicability of studies of corrosion control treatment (applicable to small and medium waterworks). The commissioner department may require the owner of any a small or medium waterworks that exceeds the lead or copper action level AL to perform corrosion control studies under subdivision A 1 c of this section to identify optimal corrosion control treatment for the waterworks.

c. Corrosion control studies.

(1) The owner of any a waterworks required by the commissioner department to perform corrosion control studies shall evaluate the effectiveness of each of the following treatments, and, if appropriate, combinations of the following treatments to identify the optimal corrosion control treatment for that waterworks:

(a) Alkalinity and pH adjustment;

(b) Calcium hardness adjustment; and

(c) The addition of a phosphate phosphate-based or silicate based silicate-based corrosion inhibitor at a concentration sufficient to maintain an effective corrosion inhibitor residual concentration in all test tap samples, such that a passivating film is formed on the interior walls of the pipe.

(2) The owner shall evaluate each of the corrosion control treatments using either pipe rig/loop tests, metal coupon tests, partial-system tests, or analyses based on documented analogous treatments with other waterworks of similar size, water chemistry, and distribution system configuration.

(3) The owner shall measure the following water quality parameters in any tests conducted under subdivision A 1 c of this section before and after evaluating the corrosion control treatments listed above in subdivision A 1 c (1) of this section:

(a) Lead;

(b) Copper;

(c) pH;

(d) Alkalinity;

(e) Calcium;

(f) Conductivity;

(g) Orthophosphate (when an inhibitor containing a phosphate compound is used);

(h) Silicate (when an inhibitor containing a silicate compound is used); and

(i) Water temperature.

(4) The owner shall identify all chemical or physical constraints that limit or prohibit the use of a particular corrosion control treatment and document such constraints with at least one of the following:

(a) Data and documentation showing that a particular corrosion control treatment has adversely affected other water treatment processes when used by another waterworks with comparable water quality characteristics; or

(b) Data and documentation demonstrating that the owner has previously attempted to evaluate a particular corrosion control treatment and has found that the treatment is ineffective or adversely affects other water quality treatment processes.

(5) The owner shall evaluate the effect of the chemicals used for corrosion control treatment on other water quality treatment processes.

(6) On the basis of an analysis of the data generated during each evaluation, the owner shall propose in writing to the district engineer department in writing, that the treatment option that resulting from the corrosion control studies indicate constitutes optimal corrosion control treatment for that waterworks. The owner shall provide a rationale for its the recommendation along with all supporting documentation specified in subdivisions A 1 c (1) through A 1 c (5) of this section.

d. Approval of optimal corrosion control treatment.

(1) Based upon consideration of available information including, where applicable, studies performed under subdivision A 1 c of this section and an the owner's proposed treatment alternative, the commissioner department shall either approve the corrosion control treatment option recommended by the owner, or designate alternative corrosion control treatment or treatments from among those listed in subdivision A 1 c (1) of this section. When approving optimal treatment, the commissioner department shall consider the effects that additional corrosion control treatment will have on water quality parameters and on other water quality treatment processes.

(2) The commissioner department shall notify the owner of his the determination on optimal corrosion control treatment in writing and explain the basis for this determination. If the commissioner department requests additional information to aid a review an evaluation, then the owner shall provide the information.

e. Installation of optimal corrosion control. Each The owner shall properly install and operate throughout the waterworks the optimal corrosion control treatment approved by the commissioner department under subdivision A 1 d of this section. Also see 12VAC5-590-190. A construction permit is required before installation of any treatment, in accordance with 12VAC5-590-200.

f. Commissioner's review The commissioner's department's evaluation of treatment and specification of the optimal water quality control parameters shall consist of the following:.

(1) The commissioner department shall evaluate the results of all lead and copper tap samples and water quality parameter samples submitted by the owner and determine whether the owner has properly installed and operated the optimal corrosion control treatment approved by the commissioner department under subdivision A 1 d of this section. Upon reviewing evaluating the results of tap water and water quality parameter monitoring by the owner, both before and after the owner installs optimal corrosion control treatment, the commissioner department shall designate:

(a) A minimum value or a range of values for pH measured at each entry point to the distribution system;

(b) A minimum pH value, measured in all tap samples. Such The value shall be equal to or greater than 7.0, unless the commissioner department determines that meeting a pH level of 7.0 is not technologically feasible or is not necessary for the owner to optimize corrosion control;

(c) If a corrosion inhibitor is used, then a minimum concentration or a range of concentrations for the inhibitor, measured at each entry point to the distribution system and in all tap samples, that the commissioner department determines is necessary to form a passivating film on the interior walls of the pipes of the distribution system;

(d) If alkalinity is adjusted as part of the optimal corrosion control treatment, then a minimum concentration or a range of concentrations for alkalinity, measured at each entry point to the distribution system and in all tap samples; or

(e) If calcium carbonate stabilization is used as part of the corrosion control, then a minimum concentration or a range of concentrations for calcium, measured in all tap samples.

(2) The values for the applicable water quality control parameters listed above in subdivision A 1 c (3) of this section shall be those that the commissioner department determines to reflect optimal corrosion control treatment for the waterworks. The commissioner department may designate values for additional water quality control parameters determined by the commissioner department to reflect optimal corrosion control for the waterworks. The commissioner department shall notify the owner in writing of these determinations and explain the basis for his the decisions.

g. Continued operation and monitoring. The owners owner of all a waterworks optimizing corrosion control shall continue to operate and maintain optimal corrosion control treatment, including maintaining water quality parameters at or above minimum values or within ranges designated by the commissioner department under subdivision A 1 f of this section as verified by all samples collected under 12VAC5-590-375 C 4 through 12VAC5-590-375 C 6. Compliance with the requirements of this subdivision shall be determined every six months, as specified under 12VAC5-590-375 C 4. The owner of a waterworks is out of compliance with the requirements of this subdivision for a six-month period if excursions occur for any commissioner-specified department-specified parameter on more than nine days during the period. An excursion occurs whenever the daily value for one or more of the water quality parameters measured at a sampling location is below the minimum value or outside the range designated by the commissioner department. Daily values shall be calculated as follows. The commissioner department has discretion to delete results of obvious sampling errors from this calculation. Daily values shall be calculated as follows:

(1) On days when more than one measurement for the water quality parameter is collected at the sampling location, the daily value shall be the average of all results collected during the day regardless of whether they are collected through continuous monitoring, grab sampling, or a combination of both.

(2) On days when only one measurement for the water quality parameter is collected at the sampling location, the daily value shall be the result of that measurement.

(3) On days when no measurement is collected for the water quality parameter at the sampling location, the daily value shall be the daily value calculated on the most recent day on which the water quality parameter was measured at the sample site.

h. Modification of the commissioner's department's treatment decisions. Upon his own the department's initiative or in response to a request by an owner or other interested party, the commissioner department may modify his the determination of the optimal corrosion control treatment under subdivision A 1 d of this section or optimal water quality control parameters under subdivision A 1 f of this section. A request for modification by an owner or other interested party shall be in writing, explain why the modification is appropriate, and provide supporting documentation. The commissioner department may modify the determination where it is concluded that such the change is necessary to ensure that the waterworks continues to optimize corrosion control treatment. A revised determination shall be made in writing, set forth the new treatment requirements, explain the basis for the commissioner's department's decision, and provide an implementation schedule for completing the treatment modifications.

2. Corrosion control treatment steps.

a. Owners The owner shall complete the applicable corrosion control treatment requirements described in subdivision A 1 of this section by the deadlines established in this subdivision.

(1) The owner of a large waterworks (serving > 50,000 persons) shall complete the corrosion control treatment steps specified in subdivision A 2 d of this section, unless the owner is deemed to have optimized corrosion control under subdivision A 2 b (2) or subdivision A 2 b (3) of this section.

(2) The owner of a small waterworks (serving ≤ 3300 persons) and or a medium waterworks (serving >3,300 and ≤ 50,000 persons) shall complete the corrosion control treatment steps specified in subdivision A 2 e of this section, unless the owner is deemed to have optimized corrosion control under subdivisions A 2 b (1) through A 2 b (3) of this section.

b. An The owner is deemed to have optimized corrosion control and is not required to complete the applicable corrosion control treatment steps identified in this subdivision if the waterworks satisfies one of the criteria specified in subdivisions A 2 b (1) through A 2 b (3) of this section. Any such The owner deemed to have optimized corrosion control under this subdivision, and which who has treatment in place, shall continue to operate and maintain optimal corrosion control treatment and meet any requirements that the commissioner department determines appropriate to ensure optimal corrosion control treatment is maintained.

(1) The owner of a small or medium waterworks is deemed to have optimized corrosion control if the waterworks meets the lead and copper action levels ALs during each of two consecutive six-month monitoring periods conducted in accordance with 12VAC5-590-375.

(2) Any The owner may be deemed by the commissioner department to have optimized corrosion control treatment if the owner demonstrates to the satisfaction of the commissioner department that the owner has conducted activities equivalent to the corrosion control steps applicable to such the waterworks under this section. If the commissioner department makes this determination, then the owner shall be provided with a written notice explaining the basis for the decision and the notice shall specify the water quality control parameters representing optimal corrosion control in accordance with subdivision A 1 f of this section. Waterworks owners The owner deemed to have optimized corrosion control under this subdivision shall operate in compliance with the commissioner designated department-designated optimal water quality control parameters in accordance with subdivision A 1 g and continue to conduct lead and copper tap and water quality parameter sampling in accordance with 12VAC5-590-375 B 4 c and 12VAC5-590-375 C 4, respectively. The owner shall provide the commissioner department with the following information in order to support a determination under this subdivision:

(a) The results of all test samples collected for each of the water quality parameters in subdivision A 1 c (3) of this section;

(b) A report explaining the test methods used by the owner to evaluate the corrosion control treatments listed in subdivision A 1 c (1) of this section, the results of all tests conducted, and the basis for the owner's selection of optimal corrosion control treatment;

(c) A report explaining how corrosion control has been installed and how it is being maintained to insure minimal lead and copper concentrations at consumers' taps; and

(d) The results of tap water samples collected in accordance with 12VAC5-590-375 B at least once every six months for one year after corrosion control treatment has been installed.

(3) Any A waterworks is deemed to have optimized corrosion control if the owner submits results of tap water monitoring conducted in accordance with 12VAC5-590-375 B and source water monitoring conducted in accordance with 12VAC5-590-375 D, and which that demonstrates demonstrate for two consecutive six-month monitoring periods that the difference between the 90th percentile tap water lead level, computed under 12VAC5-590-385 C, and the highest source water lead concentration is less than the PQL for lead (0.005 mg/L).

(a) Any The owner that who submits monitoring results indicating that the highest source water lead level is below the method detection limit MDL may also be deemed to have optimized corrosion control under this subdivision if the 90th percentile tap water lead level is less than or equal to the PQL for lead (0.005 mg/L) for two consecutive six-month monitoring periods.

(b) Any The owner deemed to have optimized corrosion control under this subdivision shall continue monitoring for lead and copper at the tap no less frequently than once every three calendar years using the reduced number of sites specified in 12VAC5-590-375 B 3 and collecting the samples at times and locations specified in 12VAC5-590-375 B 4 d (4).

(c) Any The owner deemed to have optimized corrosion control pursuant to this subdivision shall notify the district engineer department in writing pursuant to 12VAC5-590-530 F 1 c 12VAC5-590-532 B 3 of any upcoming long-term change in treatment or addition of a new water source water as described in that subdivision. The commissioner department must review shall evaluate and approve the addition of a new source water source or long-term change in water treatment before it is implemented by the owner. The commissioner department may require the owner of any such a waterworks to conduct additional monitoring or to take other actions the commissioner department deems appropriate to ensure that minimum levels of corrosion control are being maintained in the distribution system.

(d) An The owner is not deemed to have optimized corrosion control under this subdivision, and shall implement corrosion control treatment specified in subdivision A 2 b (3) (e) of this section, unless the copper action level AL is met.

(e) The owner of a waterworks triggered into corrosion control because the waterworks no longer is deemed to have optimized corrosion control under this subsection shall implement corrosion control treatment in accordance with the deadlines in subdivision A 2 e of this section. The owner of any such a large waterworks shall adhere to the schedule specified in subdivision A 2 e of this section for medium-size a medium systems waterworks, with the time period for completing each step being triggered by the date the owner is no longer deemed to have optimized corrosion control treatment under this subsection.

c. The owner of any a small or medium waterworks that is required to complete the corrosion control steps due to the exceedance of the lead or copper action level AL may cease completing the treatment steps whenever the waterworks meets both action levels ALs during each of two consecutive six-month monitoring periods conducted pursuant to 12VAC5-590-375 B 4 a and submits the results to the district engineer department. If any such a waterworks thereafter exceeds the lead or copper action level AL during any monitoring period, the owner shall recommence completion of the applicable treatment steps, beginning with the first treatment step which that was not previously completed in its entirety. The commissioner department may require the owner to repeat treatment steps previously completed where the commissioner department  determines that this is necessary to properly implement the treatment requirements of this section. The commissioner department shall notify the owner in writing of such a the determination and explain the basis for his the decision. The requirement for the owner of any a small or medium waterworks to implement corrosion control treatment steps in accordance with subdivision A 2 e of this section (including waterworks deemed to have optimized corrosion control under subdivision A 2 b (1) of this section) is triggered whenever any a small or medium waterworks exceeds the lead or copper action level AL.

d. Treatment steps and deadlines for large waterworks. Except as provided in subdivisions A 2 b (2) and A 2 b (3) of this section, owners the owner of a large waterworks shall complete the following corrosion control treatment steps (described in the referenced portions of subdivision A 1 of this section, 12VAC5-590-375 B and 12VAC5-590-375 C).

(1) Step 1: The owner shall conduct initial monitoring (12VAC5-590-375 B 4 a and 12VAC5-590-375 C 2) during two consecutive six-month monitoring periods by a date specified by the commissioner department .

(2) Step 2: The owner shall complete corrosion control studies (subdivision A 1 c of this section) and submit the study and recommendations to the commissioner department no later than 18 months after the date that initial monitoring is completed as specified in Step 1.

(3) Step 3: The commissioner department shall approve optimal corrosion control treatment (subdivision A 1 d) no later than 12 months following receipt of the corrosion control study required in Step 2.

(4) Step 4: The owner shall install optimal corrosion control treatment (subdivision A 1 e) no later than 24 months following the commissioner's department's approval of optimal corrosion control treatment specified in Step 3 (See 12VAC5-590-200).

(5) Step 5: The owner shall complete follow-up sampling (12VAC5-590-375 B 4 b and 12VAC5-590-375 C 3) no later than 12 months following the installation of optimal corrosion control treatment specified in Step 4.

(6) Step 6: The commissioner department shall review evaluate the installation of treatment and designate optimal water quality control parameters (subdivision A 1 f) no later than six months following completion of follow-up sampling specified in Step 5.

(7) Step 7: The owner shall operate the waterworks in compliance with the commissioner-specified department-specified optimal water quality control parameters (subdivision A 1 g) and continue to conduct tap sampling (12VAC5-590-375 B 4 c and 12VAC5-590-375 C 4).

e. Treatment steps and deadlines for small and medium waterworks. Except as provided in subdivision A 2 b of this section, owners the owner of a small and or medium waterworks shall complete the following corrosion control treatment steps (described in the referenced portions of subdivision A 1, 12VAC5-590-375 B, and 12VAC5-590-375 C).:

(1) Step 1: The owner shall conduct initial tap sampling (12VAC5-590-375 B 4 a and 12VAC5-590-375 C 2) until the waterworks either exceeds the lead or copper action level AL or becomes eligible for reduced monitoring under 12VAC5-590-375 B 4 d. The owner of a waterworks exceeding the lead or copper action level AL shall propose optimal corrosion control treatment (subdivision A 1 a  of this section) within six months after the end of the monitoring period during which it exceeds one of the action levels ALs.

(2) Step 2: Within 12 months after the end of the monitoring period during which a waterworks exceeds the lead or copper action level AL, the commissioner department may require the owner to perform corrosion control studies (subdivision A 1 b of this section). If the commissioner department does not require the owner to perform such these studies, the commissioner department shall specify optimal corrosion control treatment (subdivision A 1 d of this section) within the following timeframes:

(a) For a medium waterworks, within 18 months after the end of the monitoring period during which such the waterworks exceeds the lead or copper action level AL.

(b) For a small waterworks, within 24 months after the end of the monitoring period during which such the waterworks exceeds the lead or copper action level AL.

(3) Step 3: If the commissioner department requires an the owner to perform corrosion control studies under Step 2, then the owner shall complete the studies (subdivision A 1 c of this section) and submit the study and recommendations to the commissioner department within 18 months after the commissioner department requires that such the studies be conducted.

(4) Step 4: If the waterworks owner has performed corrosion control studies under Step 2, then the commissioner department shall designate optimal corrosion control treatment (subdivision A 1 d of this section) within six months after completion of Step 3.

(5) Step 5: The owner shall install optimal corrosion control treatment (subdivision A 1 e of this section) within 24 months after the commissioner department designates such treatment. A construction permit is required before installation of any treatment, in accordance with See 12VAC5-590-200.

(6) Step 6: The owner shall complete follow-up sampling (12VAC5-590-375 B 4 b and 12VAC5-590-375 C 3) within 36 months after the commissioner department designates optimal corrosion control treatment.

(7) Step 7: The commissioner department shall review evaluate the owner's installation of treatment and designate optimal water quality control parameters (subdivision A 1 f of this section) within six months after completion of Step 6.

(8) Step 8: The owner shall operate the waterworks in compliance with the commissioner designated department-designated optimal water quality control parameters (subdivision A 1 g of this section) and continue to conduct tap sampling (12VAC5-590-375 B 4 c and 12VAC5-590-375 C 4).

B. Water supply (source water) Source water  treatment technique requirements for lead and copper. The owner of any a waterworks exceeding the lead or copper action level AL shall complete the applicable water supply source water monitoring and treatment requirements (described in the referenced portions of subdivision B 2 of this section, and in 12VAC5-590-375 B and 12VAC5-590-375 D) by the following deadlines.:

1. Deadlines for completing source water supply treatment steps.

a. Step 1: The owner of a waterworks exceeding the lead or copper action level AL shall complete lead and copper source water supply monitoring (12VAC5-590-375 D 2) and make submit a treatment proposal to the district engineer department (subdivision B 2 a of this section) no later than 180 days after the end of the monitoring period during which the lead or copper action level AL was exceeded.

b. Step 2: The commissioner department shall make a determination regarding the need for source water supply treatment (subdivision B 2 b of this section) within six months after submission of monitoring results under Step 1.

c. Step 3: If the commissioner department requires installation of source water supply treatment, then the owner shall install the treatment (subdivision B 3 of this section) within 24 months after completion of Step 2.

d. Step 4: The owner shall complete follow-up tap water monitoring (12VAC5-590-375 B 4 b) and source water supply lead and copper monitoring (12VAC5-590-375 D 3) within 36 months after completion of Step 2.

e. Step 5: The commissioner department shall review evaluate the owner's installation and operation of the source water supply treatment and specify maximum permissible source water supply lead and copper levels (subdivision B 4 of this section) within six months after completion of Step 4.

f. Step 6: The owner shall operate the waterworks in compliance with the commissioner-specified department-specified maximum permissible source water lead and copper water supply levels (subdivision B 4 of this section) and continue source water supply monitoring (12VAC5-590-375 D 4).

2. Description of source water supply treatment requirements.

a. Waterworks treatment recommendation. The owner of any a waterworks which that exceeds the lead or copper action level AL shall propose in writing to the district engineer department, the installation and operation of one of the source water supply treatments listed in subdivision B 2 b of this section. An The owner may propose that no treatment be installed based upon a demonstration that source water supply treatment is not necessary to minimize lead and copper levels at users' consumers' taps.

b. Commissioner's Department's determination regarding source water supply treatment. The commissioner department shall complete an evaluation of the results of all source water supply samples submitted by the owner to determine whether source water supply treatment is necessary to minimize lead or copper levels in water delivered to users' consumers' taps. If the commissioner department determines that treatment is needed, then the commissioner department shall either require installation and operation of the source water supply treatment recommended by the owner or require the installation and operation of another source water supply treatment from among the following: (i) ion exchange, (ii) reverse osmosis RO, (iii) lime softening, or (iv) coagulation/filtration. If the commissioner department requests additional information to aid in the review evaluation, then the owner shall provide the information by the date specified by the commissioner department in the request. The commissioner department shall notify the owner in writing of the determination and set forth the basis for the decision.

3. Installation of source water supply treatment. Each The owner shall properly install and operate the source water supply treatment designated by the commissioner department under subdivision B 2 b of this section.

4. Commissioner's review The department's evaluation of source water supply treatment and specification of maximum permissible source water supply lead and copper levels. The commissioner department shall review evaluate the source water supply samples taken collected by the owner both before and after the owner installs source water supply treatment, and determine whether the owner has properly installed and operated the source water supply treatment designated by the commissioner department. Based upon the review evaluation, the commissioner department shall designate the maximum permissible lead and copper concentrations for finished water entering the distribution system. Such The levels shall reflect the contaminant removal capability of the treatment properly operated and maintained. The commissioner department shall notify the owner in writing and explain the basis for the decision.

5. Continued operation and maintenance. Each The waterworks shall be operated to maintain lead and copper levels below the maximum permissible concentrations designated by the commissioner department at each sampling point monitored in accordance with 12VAC5-590-375 D. The waterworks is out of compliance with this subdivision if the level of lead or copper at any sampling point is greater than the maximum permissible concentration designated by the commissioner department.

6. Modification of the commissioner's department's treatment decisions. Upon his own the department's initiative or in response to a request by an owner or other interested party, the commissioner department may modify his the determination of the source water supply treatment under subdivision B 2 b of this section, or may modify the maximum permissible lead and copper concentrations for finished water entering the distribution system under subdivision B 4 of this section. A request for modification by an owner or other interested party shall be in writing, explain why the modification is appropriate, and provide supporting documentation. The commissioner department may modify the determination where he concludes the conclusion is made that such the change is necessary to ensure that the waterworks continues to minimize lead and copper concentrations in water supplies source waters. A revised determination shall be made in writing, set forth the new treatment requirements, explain the basis for the commissioner's department's decision, and provide an implementation schedule for completing the treatment modifications.

C. Lead service line replacement treatment technique requirements:

1. Owners The owner of a waterworks that fail fails to meet the lead action level AL in tap samples taken collected pursuant to 12VAC5-590-375 B 4 b, after installing corrosion control or source water supply treatment (whichever sampling occurs later), shall replace lead service lines in accordance with the requirements of this section. If a waterworks the owner is in violation of subdivision A 2 of this section or subsection B of this section for failure to install source water supply or corrosion control treatment, then the commissioner department may require the owner to commence lead service line replacement under this section after the date by which the owner was required to conduct monitoring under 12VAC5-590-375 B 4 b has passed.

2. An The owner shall replace annually at least 7.0% of the initial number of lead service lines in its distribution system. The initial number of lead service lines is the number of lead lines in place at the time the replacement program begins. The owner shall identify the initial number of lead service lines in its distribution system based upon a materials evaluation, including the evaluation required under 12VAC5-590-375 B 1. The first year of lead service line replacement shall begin on the first day following the end of the monitoring period in which the lead action level AL was exceeded under subdivision C 1 of this subsection section. If monitoring is required annually or less frequently, then the end of the monitoring period is September 30 of the calendar year in which the sampling occurs. If the commissioner department has established an alternate monitoring period, then the end of the monitoring period will be the last day of that period.

3. The owner of any a waterworks resuming a lead service line replacement program after the cessation of the lead service line replacement program as allowed by subdivision C 7 of this section shall update the inventory of lead service lines to include those sites that were previously determined not to require replacement through the sampling provision under subdivision C 4 of this section. The owner shall then divide the updated number of remaining lead service lines by the number of remaining years in the program to determine the number of lines that must be replaced per year (7.0% lead service line replacement is based on a 15-year replacement program; so, for example, owners the owner resuming lead service line replacement after previously conducting two years of replacement would divide the updated inventory by 13). For those owners that the owner who  has have completed a 15-year lead service line replacement program, the commissioner department will determine a schedule for replacing or retesting lines that were previously tested out under the replacement program when the waterworks re-exceeds the lead action level AL.

4. An The owner is not required to replace an individual lead service line if the lead concentration in all service line samples from that line, taken collected pursuant to 12VAC5-590-375 B 2 c, is less than or equal to 0.015 mg/L.

5. An The owner shall replace that portion of the lead service line that is owned by the waterworks. In cases where the waterworks owner does not own the entire lead service line, the waterworks owner shall notify the building owner, or the building owner's authorized agent, that the waterworks owner will replace that portion of the service line that is owned by the waterworks and shall offer to replace the building owner's portion of the line. The waterworks owner is not required to bear the cost of replacing the building owner's portion of the service line, nor is the waterworks owner required to replace the building owner's portion where the waterworks owner chooses not to pay the cost of replacing the building owner's portion of the line, or where replacing the building owner's portion would be precluded by state, local, or common law. A waterworks The owner that who does not replace the entire length of the service line also shall complete the following tasks.:

a. At least 45 days prior to before commencing with the partial replacement of a lead service line, the waterworks owner shall provide notice to the resident or residents of all buildings served by the line explaining that they may experience a temporary increase of lead levels in their the drinking water, along with guidance on measures consumers can take to minimize their exposure to lead. The commissioner department may allow the waterworks owner to provide notice under the previous sentence less than 45 days prior to before commencing partial lead service line replacement where such the replacement is in conjunction with emergency repairs. In addition, the waterworks owner shall inform the resident or residents served by the lead service line that the waterworks owner will, at the waterworks owner's expense, collect a sample from each partially-replaced partially replaced lead service line that is representative of the water in the service line for analysis of lead content, as prescribed in 12VAC5-590-375 B 2 c, within 72 hours after the completion of the partial replacement of the lead service line. The waterworks owner shall collect the sample and report the results of the analysis to the building owner and resident or residents served by the service line within three business days of receiving the results. Mailed notices post-marked within three business days of receiving the results shall be considered on time.

b. The waterworks owner shall provide the information required by subdivision C 5 a of this section to the residents of individual dwellings by mail or by other methods approved by the commissioner department. In instances where multi-family multifamily dwellings are served by the service line, the waterworks owner shall have the option to post the information at a conspicuous location.

6. The commissioner department shall require an the owner to replace lead service lines on a shorter schedule than that required by this subsection, taking into account the number of lead service lines in the waterworks, where such a shorter replacement schedule is feasible. The commissioner department shall make this determination in writing and notify the owner of the findings within six months after the waterworks is triggered into lead service line replacement based on monitoring referenced in subdivision C 1 of this section.

7. Any The owner may cease replacing lead service lines whenever first draw first-draw tap samples collected pursuant to 12VAC5-590-375 B 2 b meet the lead action level AL during each of two consecutive six-month monitoring periods and the owner submits the results to the district engineer department. If the first draw first-draw tap samples collected in any such a waterworks thereafter exceeds exceed the lead action level AL, then the owner shall recommence replacing lead service lines, pursuant to subdivision C 3 of this section.

8. To demonstrate compliance with subdivisions C 1 through C 5 of this section, an owner shall report to the district engineer department the information specified in 12VAC5-590-530 F 5 12VAC5-590-532.

D. Lead public education requirements. The waterworks owner shall deliver a consumer notice of lead tap water monitoring results to all persons served by the water system waterworks at sites that are tested in accordance with subdivision D 4 of this section. The owner of a waterworks that exceeds the lead action level AL based on tap water samples collected in accordance with 12VAC5-590-375 B shall deliver the public education materials contained in subdivisions  subdivision D 1 of this section in accordance with the requirements in subdivision D 2 of this section. The owner of a waterworks that exceeds the lead action level AL shall sample the tap water of any customer who requests it in accordance with subdivision D 3 of this section.

1. Content of written materials. The owner shall include the following text in all of the printed materials distributed through the lead public education program.:

a. Community waterworks and nontransient noncommunity waterworks NTNCs. Owners The owner of a community waterworks or a nontransient noncommunity waterworks NTNC shall include the following elements in printed materials (e.g., brochures and pamphlets) in the same order as listed below. In addition, the language specified in subdivisions D 1 a (1) through D 1 a (2) and in subdivision D 1 a (6) of this section shall be included in materials, exactly as written, except for the text in brackets for which the waterworks owner shall include system-specific information. Any additional information presented by the owner shall be consistent with the information below and be in plain language that can be understood by the general public. The commissioner department may require the waterworks owner to obtain approval of the content of written material prior to before delivery.

(1) IMPORTANT INFORMATION ABOUT LEAD IN YOUR DRINKING WATER. [INSERT NAME OF WATERWORKS] (Insert name of waterworks) found elevated levels of lead in drinking water in some homes/buildings. Lead can cause serious health problems, especially for pregnant women and young children. Please read this information closely to see what you can do to reduce lead in your drinking water.

(2) Health effects of lead. Lead can cause serious health problems if too much enters your body from drinking water or other sources. It can cause damage to the brain and kidneys, and can interfere with the production of red blood cells that carry oxygen to all parts of your body. The greatest risk of lead exposure is to infants, young children, and pregnant women. Scientists have linked the effects of lead on the brain with lowered IQ in children. Adults with kidney problems and high blood pressure can be affected by low levels of lead more than healthy adults. Lead is stored in the bones, and it can be released later in life. During pregnancy, the child receives lead from the mother's bones, which may affect brain development.

(3) Sources of lead.

(a) Explain what lead is.

(b) Explain possible sources of lead in drinking water and how lead enters drinking water. Include information on home/building materials and services lines that may contain lead.

(c) Discuss other important sources of lead exposure in addition to drinking water (e.g., paint).

(4) Discuss the steps the consumer can take to reduce their exposure to lead in drinking water.

(a) Encourage running the water to flush out the lead.

(b) Explain concerns with using hot water from the tap and specifically caution against the use of hot water for preparing baby formula.

(c) Explain that boiling water does not reduce lead levels.

(d) Discuss other options consumers can take to reduce exposure to lead in drinking water, such as alternative sources or treatment of water.

(e) Suggest that parents have their child's blood tested for lead.

(5) Explain why there are elevated levels of lead in the waterworks' drinking water (if known) and what the waterworks owner is doing to reduce the lead levels in homes/buildings.

(6) For more information call us at [INSERT WATERWORKS OWNER'S CONTACT PHONE NUMBER], or [IF APPLICABLE](Insert owner's contact phone number), or if applicable, visit our website at [INSERT WATERWORKS' WEBSITE HERE](Insert waterworks' website URL here). For more information on reducing lead exposure around your home/building and the health effects of lead, visit EPA's website at http://www.epa.gov/lead or contact your health care provider.

b. In addition to including the elements specified in subdivision D 1 a of this section, the owners owner of a community waterworks shall:

(1) Tell consumers how to get their water tested.

(2) Discuss lead in plumbing components and the difference between low lead and lead free. "Lead free" means: (i) when used with respect to solders and flux refers to solders and flux containing not more than 0.2% lead, and (ii) when used with respect to pipes, and pipe fittings, plumbing fittings, and plumbing fixtures refers to the weighted average of wetted surfaces of pipes, and pipe fittings, plumbing fittings, and plumbing fixtures containing not more than 0.25% lead.

 

2. Delivery of public education materials.

a. The owner of any a waterworks serving a large proportion of non-English speaking consumers, as determined by the commissioner department, shall include in all public education materials information in the appropriate language(s) language or languages regarding the importance of the notice or contain a telephone number or address where persons served may contact the water system waterworks to obtain a translated copy of the public education materials or to request assistance in the appropriate language.

b. The owner of a community waterworks that exceeds the lead action level AL on the basis of tap water samples collected in accordance with 12VAC5-590-375 B, and that is not already conducting public education tasks, shall conduct the public education tasks under this subdivision within 60 days after the end of the monitoring period in which the exceedance occurred. For a waterworks that are is required to conduct monitoring annually or less frequently, the end of the monitoring period is September 30 of the calendar year in which the sampling occurs, or, if the commissioner department has established an alternate monitoring period, the last day of that period. These public education tasks include:

(1) Deliver printed materials meeting the content requirements of subdivision D 1 of this section to all bill paying customers.

(2) Contact customers who are most at risk by delivering education materials that meet the content requirements of subdivision D 1 of this section to the local health department even if they are not located within the water system's waterworks' service area, along with an informational notice that encourages distribution to all the organization's potentially affected customers or community water system's users waterworks' consumers. The waterworks owner shall contact the local health department directly by phone or in person. The local health department may provide a specific list of additional community based organizations serving target populations, which may include organizations outside the service area of the water system waterworks. If such  these lists are provided, then the waterworks owner shall deliver education materials that meet the content requirements of subdivision D 1 of this section to all organizations on the provided lists.

(3) Contact customers who are most at risk by delivering materials that meet the content requirements of subdivision D 1 of this section to the following organizations that are located within the water system's waterworks' service area, along with an informational notice that encourages distribution to all the organization's potentially affected customers or community water system's  waterworks' users: (i) public and private schools or school boards; (ii) Women, Infants and Children (WIC) and Head Start programs; (iii) public and private hospitals and medical clinics; (iv) pediatricians; (v) family planning clinics; and (vi) local welfare agencies.

(4) Make a good faith effort to locate the following organizations within the service area and deliver materials that meet the content requirements of subdivision D 1 of this section to them, along with an informational notice that encourages distribution to all potentially affected customers or users consumers. The good faith effort to contact at-risk customers may include requesting a specific contact list of these organizations from the local health department, even if the agencies are not located within the water system's waterworks' service area: (i) licensed childcare centers; (ii) public and private preschools; and (iii) obstetricians-gynecologists and midwives.

(5) No less often than quarterly, provide information on or in each water bill as long as the waterworks exceeds the action level AL for lead. The message on the water bill shall include the following statement exactly as written except for the text in brackets for which the owner shall include system-specific information: [INSERT NAME OF WATERWORKS] (Insert name of waterworks) found high levels of lead in drinking water in some homes. Lead can cause serious health problems. For more information please call [INSERT NAME OF WATERWORKS] or visit [IF APPLICABLE INSERT WATERWORKS' WEBSITE] (Insert name of waterworks) or (if applicable) visit our website at (Insert waterworks' website URL here). The message or delivery mechanism can be modified in consultation with the commissioner department; specifically, the commissioner department may allow a separate mailing of public education materials to customers if the waterworks owner cannot place the information on water bills.

(6) Post materials meeting the content requirements of subdivision D 1 of this section on the waterworks' website if the waterworks serves a population greater than 100,000 persons.

(7) Submit a press release to newspapers, television, and radio stations.

(8) In addition to the delivery requirements contained in subdivisions D 2 b (1) through D 2 b (7) of this section, the owners of owner of a waterworks exceeding the lead action level AL shall implement at least three activities from one or more of the following categories: (i) public service announcements; (ii) paid advertisements; (iii) public area informational displays; (iv) e-mails to customers; (v) public meetings; (vi) household deliveries; (vii) targeted individual customer contact; (viii) direct material distribution to all multi-family multifamily homes and institutions; and (ix) other methods approved by the commissioner department. The educational content and selection of these activities shall be determined in consultation with the district engineer department.

(9) As long as a community water system waterworks exceeds the lead action level AL, the waterworks owner shall repeat the following public education activities:

(a) The owner of a community water system waterworks owner shall repeat the tasks contained in subdivisions D 2 b (1) through D 2 b (3), and D 2 b (8) of this section every 12 months.

(b) The owner of a community water system waterworks owner shall repeat tasks contained in subdivision D 2 b (5) of this section with each billing cycle.

(c) The owner of a community water system waterworks serving a population greater than 100,000 shall post and retain the material on a publicly accessible website pursuant to subdivision D 2 b (6) of this section.

(d) The owner of a community water system waterworks owner shall repeat the task in subdivision D 2 b (7) of this section twice every 12 months on a schedule agreed upon with the commissioner department.

(10) The commissioner department may allow the public education activities described in subdivision D 2 b of this section to extend beyond the 60-day requirement if needed for implementation purposes on a case-by-case basis; however, this extension must be approved in writing by the commissioner department in advance of the 60-day deadline.

c. The owner of a nontransient noncommunity waterworks NTNC that exceeds the lead action level AL on the basis of tap water samples collected in accordance with 12VAC5-590-375 B, and that is not already conducting public education tasks, shall conduct the public education tasks under this subdivision within 60 days after the end of the monitoring period in which the exceedance occurred. For a waterworks that are is required to conduct monitoring annually or less frequently, the end of the monitoring period is September 30 of the calendar year in which the sampling occurs, or, if the commissioner department has established an alternate monitoring period, the last day of that period. These public education tasks include:

(1) Post informational posters containing all of the public education elements contained in subdivision D 1 of this section in a public place or common area in each of the buildings served by the waterworks; and

(2) Distribute informational pamphlets or brochures on lead in drinking water containing all of the public education elements in subdivision D 1 of this section to each person served by the nontransient noncommunity waterworks NTNC. The commissioner department may allow the owner to utilize electronic transmission in lieu instead of or combined with printed materials as long as it achieves at least the same coverage.

(3) The owner of a nontransient noncommunity waterworks NTNC shall repeat the tasks contained in subdivisions D 2 c (1) through D 2 c (2) of this section at least once during each calendar year in which the waterworks exceeds the lead action level AL.

(4) The commissioner department may allow the public education activities described in subdivision D 2 c of this section to extend beyond the 60-day requirement if needed for implementation purposes on a case-by-case basis; however, this extension must be approved in writing by the commissioner department in advance of the 60-day deadline.

d. An The owner may discontinue delivery of public education materials if the waterworks has met the lead action level AL during the most recent six-month monitoring period conducted pursuant to 12VAC5-590-375 B. The owner shall recommence public education in accordance with this subsection if the waterworks subsequently exceeds the lead action level AL during any monitoring period.

e. The owner of a community waterworks may apply to the district engineerdepartment, in writing, (unless the commissioner department has waived the requirement for prior approval) to use only the text specified in subdivision D 1 a of this section in lieu instead of the text in subdivisions D 1 a through D 1 b of this section and to perform the tasks listed in subdivisions D 2 c (1) through D 2 c (2) of this section in lieu instead of the tasks in subdivisions D 2 b (1) through D 2 b (9) of this section if:

(1) The waterworks serves a facility, such as a prison or a hospital, where the population served is not capable of or is prevented from making improvements to plumbing or installing POU treatment devices; and

(2) The owner provides water as part of the cost of services provided and does not separately charge for water consumption.

f. The owner of a community waterworks serving 3,300 or fewer people may limit certain aspects their of the public education programs as follows:

(1) With respect to the requirements of subdivision D 2 b (8) of this section, the owner of a waterworks serving 3,300 or fewer people shall implement at least one of the activities listed in that subdivision.

(2) With respect to the requirements of subdivision D 2 b (2) of this section, the owner of a waterworks serving 3,300 or fewer people may limit the distribution of the public education materials required under that subdivision to facilities and organizations served by the waterworks that are most likely to be visited regularly by pregnant women and children.

(3) With respect to the requirements of subdivision D 2 b (7) of this section, the commissioner department may waive this requirement for systems waterworks serving 3,300 or fewer persons as long as the owner distributes notices to every household served by the waterworks.

3. Supplemental monitoring and notification of results. The owner of a waterworks that fails to meet the lead action level AL on the basis of tap samples collected in accordance with 12VAC5-590-375 B shall offer to sample the tap water of any customer who requests it. The owner is not required to pay for collecting or analyzing the sample, nor is the owner required to collect and analyze the sample itself.

4. Notification of results. The owners of all owner of a community waterworks and or a nontransient noncommunity waterworks NTNC shall provide a notice of the individual tap results from lead tap water monitoring carried out under the requirements of 12VAC5-590-375 B to the persons served by the waterworks at the specific sampling site from which the sample was taken collected (e.g., the occupants of the residence or buildings where the tap was tested).

a. Timing of notification. An The owner shall provide this consumer notice as soon as practical, but no later than 3