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ORR # 2001-023
DEPARTMENT OF ENVIRONMENTAL QUALITY DRINKING WATER AND RADIOLOGICAL PROTECTION DIVISION
SUPPLYING WATER TO THE PUBLIC
Filed with the Secretary of State on May 22, 2002
These rules take effect 7 days after filing with the Secretary of State
(By authority conferred on the department of environmental quality by sections 5, 7, 14, and 19 of 1976 PA 399, MCL 325.1005, 325.1007, 325.1014, and 325.1019, and Executive Reorganization Order
No. 1996-1, MCL 330.3101)
R 325.10103, R 325.10105, R 325.10106, R 325.10107, R 325.10108, R 325.10109, and R 325.10112 of
the Michigan Administrative Code are amended, and R 325.10116 is added to the Code, as follows:
PART 1. GENERAL PROVISIONS
R 325.10103 Definitions; C.
Rule 103. As used in these rules:
(a) "C" in "CT calculation" means the residual disinfectant concentration measured in milligrams per liter in a representative sample of water.
(b) "Casing" means a durable pipe that is placed in a well to prevent the soil from caving in and to seal off surface drainage or undesirable water, gases, contaminants, or other fluids and prevent them from entering the well and the aquifer supplying the well.
(c) "Casing vent" means an outlet at the upper terminal of a well casing which provides atmospheric pressure in the well and which allows the escape of gases when present.
(d) "Certificate" means a document that is issued by the department to a person who meets the qualification requirements for operating a waterworks system or a portion of the waterworks system.
(e) "Certified operator" means an operator who holds a certificate.
(f) "Community supply" or "community water supply" or "community water system" means a public water supply that provides year-round service to not fewer than 15 living units or that regularly provides year-round service to not fewer than 25 residents.
(g) "Complete treatment system" means a treatment system that employs disinfection, coagulation, sedimentation, and filtration units that function collectively to effect control over water quality characteristics to produce a finished water that meets the requirements of the state drinking water standards.
(h) "Compliance cycle" means the 9-year calendar year cycle during which public water systems are required to monitor. Each compliance cycle consists of 3 3-year compliance periods. The first calendar year cycle begins
January 1, 1993, and ends December 31, 2001; the second begins January 1, 2002, and ends
December 31, 2010; the third begins January 1, 2011, and ends December 31, 2019.
(i) "Compliance period" means a 3-year calendar year period within a compliance cycle. Each compliance cycle has 3 3-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.
(j) "Confluent growth" means a continuous bacterial growth that covers the entire filtration area of a membrane filter, or portion of a filtration area, in which bacterial colonies are not discrete.
(k) "Construction" means the erection, installation, or alteration of a waterworks system, or any portion of a waterworks system, that affects any of the following:
(i) Flow.
(ii) Capacity.
(iii) System service area.
(iv) Source.
(v) Treatment.
(vi) Reliability.
(l) "Contested cases" means matters that are within the definition of a contested case as set forth by section 3(3) of 1969 PA 306, MCL 24.203(3), and matters of issue that involve any of the following which are issued by the director, the department, or the division pursuant to the act and these rules:
(i) Orders.
(ii) Exemptions.
(iii) Variances.
(iv) Stipulations.
(v) Consent agreements.
(vi) Permits.
(vii) Licenses.
(viii) Certificates.
(m) "Contested case hearing" means a hearing that is initiated by the department or a person under chapters 4, 5, and 6 of 1969 PA 306, MCL 24.271 to 24.306.
(n) "Contaminant" means a physical, chemical, biological, or radiological substance or matter in water.
(o) "Contingency plan" means a plan for use by a supplier of water in the event of an emergency.
(p) "Corrosion inhibitor" means a substance that is 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.
(q) "Cross connection" means a connection or arrangement of piping or appurtenances through which a backflow could occur.
(r) "CT calculation" means the product of residual disinfectant concentration (C) in milligrams per liter determined at or before the first customer and the corresponding disinfectant contact time (T) in minutes; C*T is calculated at rated capacity. The total CT shall be the sum of individual CTs of each disinfectant sequence.
(s) "Customer service connection" means the pipe between a water main and customer site piping or building plumbing system.
(t) "Customer site piping" means an underground piping system owned or controlled by the customer that conveys water from the customer service connection to building plumbing systems and other points of use on lands owned or controlled by the customer. Customer site piping does not include any system that incorporates treatment to protect public health.
R 325.10105 Definitions; F to L.
Rule 105. As used in these rules:
(a) "Federal act" means the safe drinking water act of 1974, 42 U.S.C. S300f et seq. and the provisions of 40 C.F.R. part 35, §35.600 to §35.630; 40 C.F.R. part 141; and 40 C.F.R. part 142 promulgated by EPA (1999) under the federal act.
(b) "Finished water" means water that is ready for distribution to the customers or users of a public water supply.
(c) "Firm capacity," as applied to wells, pumping stations, or units of treatment systems, means the production capability of each respective part of the waterworks system with the largest well, pump, or treatment unit out of service.
(d) "First draw sample" means a 1-liter sample of tap water which has been standing in plumbing pipes for not less than 6 hours and which is collected without flushing the tap.
(e) "Gravity storage tank" means an elevated or ground level finished water storage reservoir that, during normal use, operates under atmospheric pressure.
(f) "Ground water" or "groundwater" means the water in the zone of saturation in which all of the pore spaces of the subsurface material are filled with water.
(g) "Ground water under the direct influence of surface water" means any water beneath the surface of the ground with significant occurrence of insects or other macroorganisms, algae, or large-diameter pathogens such as Giardia lamblia or Cryptosporidium, or significant and relatively rapid changes in water characteristics such as turbidity, temperature, conductivity or pH that closely correlate to climatological or surface water conditions.
(h) "Grout" means neat cement, concrete, or other sealing material which is approved by the department and which is used to seal a well casing in a well.
(i) "Imminent hazard" means that in the judgment of the director there is a violation, or a condition that may cause a violation, of the state drinking water standards at a public water supply requiring immediate action to prevent endangering the health of people.
(j) "Initial compliance period" means January 1993 to December 1995. For a system that has less than 150 service connections, the initial compliance period is January 1996 to December 1998 for contaminants listed in part 6 of these rules that have an effective date of January 17, 1994.
(k) "Large water supply" or "large water system," for the purpose of lead and copper control, means a public water supply that serves more than 50,000 persons.
(l) "Lead service line" means a service line which is made of lead and which connects the water main to the building inlet and any lead pigtail, gooseneck, or other fitting that is connected to the lead line.
(m) "License" means the license that is issued by the department to a water hauler, or for a water hauling tank, pursuant to section 18 of the act.
(n) "Limited treatment system" means a treatment system, including, but not limited to, disinfection, fluoridation, iron removal, ion exchange treatment, phosphate application, or filtration other than complete treatment.
(o) "Living unit" means a house, apartment, or other domicile occupied or intended to be occupied on a day-to- day basis by an individual, family group, or equivalent.
R 325.10106 Definitions; M to O.
Rule 106. As used in these rules:
(a) "Maximum TTHM potential" means the maximum concentration of total trihalomethanes produced in a given water containing a disinfectant residual after 7 days at a temperature of 25 degrees Centigrade or above.
(b) "MCL" means the maximum permissible level of a contaminant in water that is delivered to any user of a public water supply.
(c) "MDL" means method detection limit for analytical work done to determine compliance with the act.
(d) "Medium-size water system" or "medium-size water supply," for the purpose of lead and copper control, means a public water supply that serves more than 3,300 persons and fewer than or equal to 50,000 persons.
(e) "Monitoring requirement" means a schedule, frequency, and location for the sampling and analysis of water that is required by the provisions of part 7 of these rules to determine whether a public water supply is in compliance with the state drinking water standards.
(f) "Near the first service connection" means at 1 of the 20% of all service connections in the entire system that are nearest the water supply treatment facility, as measured by water transport time within the distribution system.
(g) "Noncommunity supply" or "noncommunity water supply" or "noncommunity water system" means a public water supply that is not a community supply, but that has not fewer than 15 service connections or that serves not fewer than 25 individuals on an average daily basis for not less than 60 days per year.
(h) "Nontransient noncommunity water supply" or "nontransient noncommunity water system" or "NTNC" means a noncommunity supply that serves not fewer than 25 of the same individuals on an average daily basis over 6 months per year. This definition includes public water supplies in places of employment, schools, and day-care centers.
(i) "NTU" means nephelometric turbidity unit.
(j) "One hundred-year drought elevation" means the minimum projected water surface elevation that would occur at a location once in a period of 100 years.
(k) "One hundred-year flood elevation" means the maximum projected water surface elevation that would occur at a location once in a period of 100 years.
(l) "Operating shift" means that period of time during which operator decisions that affect public health are necessary for proper operation of the waterworks system.
(m) "Operator" means an individual who operates a waterworks system or a portion of a waterworks system.
(n) "Operator in charge" means a certified operator who is designated by the owner of a public water supply as the responsible individual in overall charge of a waterworks system, or portion of a waterworks system, who makes decisions regarding the daily operational activities of the system that will directly impact the quality or quantity of drinking water.
(o) "Optimal corrosion control treatment," for the purpose of lead and copper control, means the corrosion control treatment that minimizes the lead and copper concentrations at users' taps while ensuring that the treatment does not cause the public water supply to be in violation of any national primary drinking water regulations.
R 325.10107 Definitions; P, R.
Rule 107. As used in these rules:
(a) "Permit" means a public water supply construction permit that is issued to a supplier of water by the department under the provisions of section 4 of the act.
(b) "Person" means an individual, partnership, copartnership, cooperative, firm, company, public or private association or corporation, political subdivision, agency of the state, agency of the federal government, trust, estate, joint structure company, or any other legal entity, or their legal representative, agent, or assignee.
(c) "Pitless adapter" means a device or assembly of parts which permits water to pass through the wall of a well casing or extension of a well casing and which provides access to the well and to the parts of the system within the well in a manner that prevents the entrance of contaminants into the well and the water produced.
(d) "Plans and specifications" means drawings, data, and a true description or representation of an entire waterworks system or parts of the system as it exists or is to be constructed, and a statement of how a waterworks system shall be operated.
(e) "Political subdivision" means a city, village, township, charter township, county, district, authority, or portion or combination of any of the entities specified in this subdivision.
(f) "PQL" means the practical quantitation levels. The PQL is the lowest concentration that can be reliably achieved by well-operated laboratories within specified limits of precision and accuracy during routine laboratory operating conditions.
(g) "Production well" means a well that has been approved for use for a public water supply in accordance with the provisions of part 8 of these rules.
(h) "Public hearing" means a hearing which is conducted by the director of the department on matters relating to the functions and responsibilities of the division and which seeks public input relevant to such functions and responsibilities.
(i) "Public water supply" or "public water system" means a waterworks system that provides water for drinking or household purposes to persons other than the supplier of the water, and does not include either of the following:
(i) A waterworks system that supplies water to only 1 living unit.
(ii) A waterworks system that consists solely of customer site piping.
(j) "Pumping water level" means the distance measured from an established datum at or above ground level to the water surface in a well being pumped at a known rate for a known period of time.
(k) "Rated treatment capacity" is one or any combination of the following capacities when water treatment is practiced:
(i) Rated capacity from an approved surface water supply, ground water supply under the direct influence of surface water, or complete treatment system as contained in R 325.11006.
(ii) Firm capacity from an approved ground water supply where firm capacity means the production capability of each respective component of the waterworks system with the largest well, pump, or treatment unit out of service.
(iii) Available capacity obtained under contract and capable of delivery from another approved public water supply.
(l) "Raw water" means water that is obtained from a source by a public water supply before a supplier of water provides any treatment or distributes the water to its customers.
(m) "Regional administrator" means the EPA region V administrator.
(n) "Regulated VOCs" means a group of volatile organic chemicals for which state drinking water standards have been promulgated, but does not include total trihalomethanes.
(o) "Removed from service" means physically disconnected from the waterworks system in a manner that would prevent the inadvertent use of the well and would require specific authorization from the supplier of water to reconnect.
(p) "Repeat sample" means a sample that is collected and analyzed in response to a previous coliform-positive sample.
(q) "Resident" means an individual who owns or occupies a living unit.
(r) "Routine sample" means a water sample that is collected and analyzed to meet the monitoring requirements for total coliform, as outlined in the written sampling plan.
R 325.10108 Definitions; S.
Rule 108. As used in these rules:
(a) "Sanitary survey" means an evaluation, including an on-site review of a waterworks system or a portion thereof, for existing or potential health hazards, including sampling, design, operation, and maintenance, for the purpose of determining the ability of the public water supply to produce, treat, and distribute adequate quantities of water meeting state drinking water standards.
(b) "Service connection" means a direct connection from a distribution water main to a living unit or other site to provide water for drinking or household purposes.
(c) "Service line sample" means a 1-liter sample of water that has been standing for not less than 6 hours in a service line.
(d) "Shift operator" means a certified operator, other than the operator in charge, who is in charge of an operating shift of a waterworks system.
(e) "Single-family structure," for the purpose of lead and copper control, means a building which is constructed as a single-family residence and which is currently used as either a residence or a place of business.
(f) "Small water supply" or "small water system," for the purpose of lead and copper control, means a public water supply that serves fewer than 3,301 persons.
(g) "SOC" means synthetic organic chemical.
(h) "Source" means the point of origin of raw water or means treated water that is purchased or obtained by a public water supply, by a water hauler, or by a person who provides bottled water.
(i) "State drinking water standards" means quality standards setting limits for contaminant levels or establishing treatment techniques to meet standards necessary to protect the public health.
(j) "Static water level" means the distance measured from an established datum at or above ground level to the water surface in a well which is not being pumped, which is not under the influence of pumping, and which is not flowing under artesian pressure.
(k) "Suction line" means a pipe or line that is connected to the inlet side of a pump or pumping equipment.
(l) "Supplier of water" or "supplier" means a person who owns or operates a public water supply, and includes a water hauler.
(m) "Surface water" means water that rests or flows on the surface of the ground.
(n) "System with a single-service connection" means a public water supply that supplies drinking water to consumers through a single-service line.
R 325.10109 Definitions; T to Y.
Rule 109. As used in these rules:
(a) "Test well" means a well that is drilled on a site that has not been approved for use as a production well in accordance with the provisions of part 8 of these rules.
(b) "Too numerous to count" means that the total number of bacterial colonies is more than 200 on a 47-millimeter diameter membrane filter.
(c) "Total trihalomethanes" or "TTHM" means the sum of the concentration in milligrams per liter, rounded to 2 significant figures, of all of the following:
(i) The trihalomethane compounds.
(ii) Trichloromethane (chloroform).
(iii) Dibromochloromethane.
(iv) Bromodichloromethane.
(v) Tribromomethane (bromoform).
(d) "Transient noncommunity water supply" or "transient noncommunity water system" means a noncommunity supply that does not meet the definition of nontransient noncommunity water supply in R 325.10106(h).
(e) "Treatment system" means a facility or structure and associated appurtenances installed for the purpose of treating drinking water before delivery to a distribution system.
(f) "Treatment technique" means a minimum treatment requirement or a necessary methodology or technology that is employed by a supplier of water for the control of the chemical, physical, biological, or radiological characteristics of the public water supply.
(g) "Trihalomethane" or "THM" means 1 of the family of organic compounds named as derivatives of methane, wherein 3 of the 4 hydrogen atoms in methane are each substituted by a halogen atom in the molecular structure.
(h) "Unregulated contaminants" means a group of contaminants for which state drinking water standards have not been promulgated, but for which monitoring requirements apply.
(i) "Variance" means an order, with appropriate conditions and compliance schedules and requirements, which is issued by the director to a supplier of water and which permits a public water supply to be in noncompliance with a state drinking water standard, including a specified treatment technique.
(j) "VOC" means volatile organic chemical.
(k) "Water hauler" means a person engaged in bulk vehicular transportation of water to other than the water hauler's own household which is intended for use or used for drinking or household purposes. Excluded from this definition are those persons providing water solely for employee use.
(l) "Water transportation tank" means a tank that is associated with an over-the-road vehicle that is used for the bulk transport of drinking water.
(m) "Waterworks system" or "system" means a system of pipes and structures through which water is obtained and distributed, including, but not limited to: wells and well structures, intakes and cribs, pumping stations, treatment plants, storage tanks, pipelines and appurtenances, or a combination of the items specified in this subdivision, actually used or intended for use for the purpose of furnishing water for drinking or household purposes.
(n) "Year-round service" means the ability of a supplier of water to provide drinking water on a continuous basis to a living unit or facility.
R 325.10112 Adoption by reference.
Rule 112. The department adopts by reference the publication entitled "Maximum Permissible Body Burdens and Maximum Permissible Concentrations of Radionuclides in Air and in Water for Occupational Exposure," NCRP Report 22, 1963, as referred to in parts 1 and 6 of these rules. The adopted material is available from the National Council on Radiation Protection at the address in R 325.10116(c) for a cost of $20.00 at the time of adoption of these rules. The adopted material is available for inspection, or copies are available at no cost from the offices of the department at the address in R 325.10116(a).
R 325.10116 Addresses.
Rule 116. The following are addresses and contact information of the department and other organizations referred to in these rules:
(a) Department of Environmental Quality, Drinking Water And Radiological Protection Division, 525 West Allegan Street, Post Office Box 30630, Lansing, MI 48909-8130, Telephone 517-241-1300. Internet address: http://www.deq.state.mi.us.
(b) Superintendent of Documents, United States Government Printing Office, Post Office Box 371954, Pittsburgh, PA 15250-7954, Telephone 202-512-1800. Internet address: http://www.access.gpo.gov/su_docs.
(c) National Council On Radiation Protection, 7910 Woodmont Avenue, Suite 800, Bethesda, Maryland 20814, Telephone 301-657-2652. Internet address: http://www.ncrp.com.
