7 PROPOSED ADMINISTRATIVE RULES  

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    ORR # 2004-014

     

    DEPARTMENT OF ENVIRONMENTAL QUALITY WATER DIVISION

    SUPPLYING WATER TO THE PUBLIC

     

    Filed with the Secretary of State on

    These rules take effect 7 days after filing with the Secretary of State

     

    (By authority conferred on the department of environmental quality by section 5 of 1976 PA 399, MCL 325.1005, and Executive Reorganization Order 1996-1, MCL 330.3101)

     

    R 325.10603, R 325.10604, R 325.10604b, R 325.10604c, R 325.10604d, R 325.10605, R 325.10610,

    R 325.10611, and R 325.10611b of the Michigan Administrative Code are amended and R 325.10611c is added to the Code as follows:

     

    PART 6. STATE DRINKING WATER STANDARDS AND ANALYTICAL TECHNIQUES

     

    R 325.10603 MCLs for radium 226, radium 228, and gross alpha particle radioactivity in type I public water supplies Radionuclides; MCLs; applicability.

    Rule 603. The MCLs for radium-226, radium-228, and gross alpha particle radioactivity for type I  public water supplies are as follows:

    (a) Combined radium-226 and radium-228 -- 5 pCi per liter.

    (b) Gross alpha particle activity, including radium-226, but excluding radon and uranium -- 15 pCi per liter.(1) Community water supplies, also known as "supplies" in this rule and R 325.10604, shall comply with the MCLs in this rule and compliance shall be determined under R 325.10604.

    (2)   The MCLs for radionuclides are all of the following:

    (a)    The maximum contaminant level for combined radium 226 and radium 228 is 5 picoCurries per liter (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.

    (b)   The maximum contaminant level for gross alpha particle activity, including radium 226, but excluding radon and uranium, is 15 pCi per liter.

    (c)   Both of the following apply to the MCL for beta particle and photon radioactivity:

    (i)     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 millirems per year.

    (ii)      Except for the radionuclides listed in table 1 of this rule, the concentration of man-made radionuclides causing 4 millirems 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 the publication entitled "maximum permissible body burdens and maximum permissible concentration of radionuclides in air or water for occupational exposure," nbs (national bureau of standards)

     

     

    handbook 69, as amended August, 1963, United States department of commerce, which is adopted by reference in R 325.10112. If 2 or more radionuclides are present, then the sum of their annual dose equivalent to the total body or to any organ shall not be more than 4 millirem per year.

     

    Table  Average Annual Concentrations Assumed to Produce a Total Body or Organ Dose of 4 Millirem Per Year

     

    Radionuclide

    Critical organ

    pCi per liter

    Tritium

    Total body

    20,000

    Strontium-90

    Bone marrow

    8

     

    (d)   The maximum contaminant level for uranium is 30 micrograms per liter (ug/l).

     

    R 325.10604 MCLs for beta particle and photon radioactivity from man made radionuclides in type I  public water supplies. Radionuclides; compliance requirements.

    Rule 604. (1) The average annual concentration of beta particle and photon radioactivity from man-made radionuclides in drinking water of type I public water supplies shall not produce an annual  dose equivalent to the total body or any internal organ greater than 4 millirems per year.

    (2) Except for the radionuclides listed in table 6.1, the concentration of man-made radionuclides in type I public water supplies causing 4 millirems 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 the publication entitled "Maximum Permissible Body Burdens and Maximum Permissible Concentration of  Radionuclides in Air or Water for Occupational Exposure," NBS handbook 69, as amended August, 1963, United States Department of Commerce, which is adopted in these rules by reference and is available from the Michigan Department of Environmental Quality, Drinking Water and Radiological Protection Division, 3423 North Logan/Martin Luther King Jr. Boulevard, P.O. Box 30630, Lansing, Michigan 48909-8130, at no cost. If 2 or more radionuclides are present, the sum of their annual dose  equivalent to the total body or to any organ shall not be more than 4 millirem per year. Table 6.1 reads  as follows:

     

    Table 6.1   Average Annual Concentrations Assumed to Produce A Total Body or Organ Dose of 4 Millirem Per Year

     

    Radionuclide

    Critical organ

    pCi per liter

    Tritium

    Total body

    20,000

    Strontium-90

    Bone marrow

    8

     

    (1)    Compliance with R 325.10603 shall be determined based on the analytical result or results obtained at each sampling point. If 1 sampling point is in violation of an MCL, then the supply is in violation of the MCL. All of the following provisions apply:

    (a)   For supplies monitoring more than once per year, compliance with the MCL is determined by a running annual average at each sampling point. If the average of any sampling point is greater than the MCL, then the supply is out of compliance with the MCL.

    (b)    For supplies monitoring more than once per year, if any sample result causes the running average to exceed the MCL at any sample point, then the supply is out of compliance with the MCL immediately.

     

     

    (c)     Supplies shall include all samples taken and analyzed under this rule, R 325.10603, R 325.10725, R 325.10726, R 325.10728, R 325.10729, and R 325.10730 in determining compliance, even if that number is greater than the minimum required.

    (d)  If a supply does not collect all required samples when compliance is based on a running annual average of quarterly samples, then compliance shall be based on the running average of the samples collected.

    (e)   If a sample result is less than the detection limit, then zero shall be used to calculate the annual average, unless a gross alpha particle activity is being used instead of radium-226, or uranium, or both. If the gross alpha particle activity result is less than the detection limit, then half the detection limit shall be used to calculate the annual average.

    (2)   If the department requires confirmation samples under R 325.10722(3), then the results of the initial and confirmation samples shall be averaged for use in compliance determinations.

    (3)   The department may delete results of obvious sampling or analytic errors.

    (4)   To determine compliance with the MCLs in R 325.10603, averages of data shall be used and shall be rounded to the same number of significant figures as the MCL for the contaminant.

     

    R 325.10604b MCLs for volatile organic chemicals other than total trihalomethanes.

    Rule 604b. (1) The MCLs for volatile organic chemicals shall be as shown in table 6.2. The MCLs and effective dates listed in table 6.2 apply to community and nontransient, noncommunity water supplies. Table 6.2 reads as follows: The maximum contaminant levels and effective dates for  volatile organic chemicals in table 1 of this rule apply to community and nontransient noncommunity water supplies.

     

    Table 6.21 MCLs for volatile organic chemicals

     

     

     

    Contaminant

     

    Maximum Contaminant Level in mg/l

     

     

    Effective Date

    Benzene

     

    0.005

    January 9, 1989.

    Vinyl chloride

     

    0.002

    January 9, 1989.

    Carbon tetrachloride

     

    0.005

    January 9, 1989.

    1,2-dichloroethane

     

    0.005

    January 9, 1989.

    Trichloroethylene

     

    0.005

    January 9, 1989.

    1,1-dichloroethylene

     

    0.007

    January 9, 1989.

    1,1,1-trichloroethane

     

    0.20

    January 9, 1989.

    para-dichlorobenzene

     

    0.075

    January 9, 1989.

    cis-1,2-dichloroethylene

     

    0.07

    July 30, 1992.

    1,2-dichloropropane

     

    0.005

    July 30, 1992.

    Ethylbenzene

     

    0.7

    July 30, 1992.

    Monochlorobenzene

     

    0.1

    July 30, 1992.

    0-dichlorobenzene

     

    0.6

    July 30, 1992.

    Styrene

     

    0.1

    July 30, 1992.

    Tetrachloroethylene

     

    0.005

    July 30, 1992.

    Toluene

     

    1

    July 30, 1992.

    trans-1,

    2-

     

     

    dichloroethylene

     

    0.1

    July 30, 1992.

    Xylenes (total)

     

    10

    July 30, 1992.

     

     

    Dichloromethane                       0.005                              January 17, 1994.

    1,2,4-Trichlorobenzene               0.07                                January 17, 1994.

    1,1,2-Trichloroethane                 0.005                              January 17, 1994.

    [effective date of

    1,4-dioxane                           0.035


    this rule]

     

    (2)   Compliance with the MCLs for volatile organic chemical contaminants in table 1 of this rule shall be determined based on the analytical results obtained at each sampling point. If 1 sampling point is in violation of the MCL, then the supply is in violation of the MCL. All of the following provisions apply:

    (a)   For supplies monitoring more than once per year, compliance with the MCL is determined by a running annual average at each sampling point.

    (b)    Supplies monitoring annually or less frequently whose sample result exceeds the MCL shall begin quarterly sampling. Compliance with the MCL shall be based on the running annual average. For the purpose of calculating the running annual average, the initial exceedance shall be considered the result for the first quarter. If the department requires a confirmation sample under R 325.10716(15), then the average of the initial exceedance and the confirmation sample shall be considered the result for the first quarter. The supply shall not be considered in violation of the MCL until it has completed 1 year of quarterly sampling.

    (c)    If any sample result causes the running annual average to exceed the MCL at any sampling point, then the supply is out of compliance with the MCL immediately.

    (d)   If a supply fails to collect the required number of samples, then compliance shall be based on the total number of samples collected.

    (e)   If a sample result is less than the detection limit, then zero shall be used to calculate the annual average.

    (3) For suppliers that conduct monitoring more than once each year, compliance is determined by a running annual average of all samples taken at each sampling point. If the annual average of any sampling point is more than the MCL, then the system is out of compliance. If the initial sample or a subsequent sample would cause the annual average to be exceeded, then the system is out of compliance immediately.

    (4) If monitoring is conducted annually, or less frequently, the system is out of compliance if the level of  a contaminant at any sampling point is more than the MCL. If a confirmation sample is required by the department, the determination of compliance will be based on the average of the 2 samples.

     

    R 325.10604c MCL for inorganic chemicals.

    Rule 604c. (1) Except as specified, the MCLs maximum contaminant levels and effective dates for inorganic chemicals in table 1 of this rule apply to community water systems and nontransient noncommunity water supplies. systems. The MCLs for fluoride and arsenic apply only to community water systems. The MCLs for nitrate, nitrite, and total nitrate and nitrite apply to community and noncommunity water systems.

     

    Table 1 MCLs for inorganic chemicals

     

    Contaminant

     
    Maximum Contaminant

    Antimony                               0.006                                     January 17, 1994.

     

    Arsenic1                                            0.05 0.010                             June 24, 1977

    [effective date of this rule]

    Asbestos                                         7  million  fibers  per liter (longer than 10 um)


    July 30, 1992.

    Barium                                   2                                            January 1, 1993.

    Beryllium                               0.004                                     January 17, 1994.

    Cadmium                               0.005                                     July 30, 1992.

    Chromium                              0.1                                         July 30, 1992.

    Cyanide (as free cyanide)    0.2                                         January 17, 1994.

    Fluoride2                                          4                                            October 2, 1987.

    Mercury                                  0.002                                     July 30, 1992.

    Nickel                                    MCL withdrawn                   (effective date)

    May 30, 2002

    Nitrate (as Nitrogen)3              10                                          July 30, 1992.

    Nitrite (as Nitrogen)3               1                                            July 30, 1992.

    Total Nitrate and Nitrite (as Nitrogen)3


    10                                          July 30, 1992.

    Selenium                                0.05                                       July 30, 1992.

    Thallium                                0.002                                     January 17, 1994.

     

    1 The MCL of 0.010 mg/l is effective for compliance purposes on January 23, 2006 for  community and  nontransient noncommunity water  supplies. Until January 23, 2006, the MCL of 0.05 mg/l applies only to community water supplies. Sampling results shall be reported to the nearest 0.001 mg/l beginning January 23, 2006. After January 23, 2006 this footnote no longer applies.

    2 The MCL and effective date apply to only community water supplies.

    3 The MCLs and effective dates apply to community and noncommunity water supplies.

     

    (2)    Compliance with the MCL requirements of this rule shall be determined based on the analytical results that are obtained at each sampling point as specified in R 325.10710. If 1 sampling point is in violation of an MCL, then the supply is in violation of the MCL. All of the following provisions apply:

    (a)    For supplies monitoring more than once per year, compliance with the MCL for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium, or thallium is determined by a running annual average at each sampling point.

    (b)    Supplies monitoring annually or less frequently whose sample result exceeds the MCL for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium, or thallium shall begin quarterly sampling. Compliance with the MCL shall be based on the running annual average. For the purpose of calculating the running annual average, the initial exceedance shall be considered the result for the first quarter. If the department requires a confirmation sample under R 325.10710(9), then the average of the initial exceedance and the confirmation sample shall be considered the result for the first quarter. The supply shall not be considered in violation of the MCL until it has completed 1 year of quarterly sampling.

    (c)    If any sample result causes the running annual average to exceed the MCL at any sampling point, then the supply is out of compliance with the MCL immediately.

     

     

    (d)   If a supply fails to collect the required number of samples, then compliance shall be based on the total number of samples collected.

    (e)   If a sample result is less than the detection limit, then zero shall be used to calculate the annual average.

    (3) For suppliers that conduct monitoring more than once each year, compliance with the MCL for  antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium, or thallium is determined by a running annual average at any sampling point. If the average at any sampling point is more than the MCL, then the system is out of compliance. If any 1 sample would  cause the annual average to be exceeded , then the system is out of compliance immediately. Any  sample that is below the method detection limit shall be calculated at zero for the purpose of  determining the annual average.

    (4) For suppliers that monitor annually or less frequently, the system is out of compliance with the MCL  for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium, or thallium if the level of a contaminant at any sampling point is more than the MCL.  If a confirmation sample is required by the department, then the determination of compliance will be based on the average of the 2 samples.

    (5f) Compliance with the MCLs for nitrate and nitrite is determined based on 1 sample if the levels of these contaminants are below the MCLs. If the level of nitrate or nitrite or the combination of nitrate and nitrite is more than the MCLs in the initial sample, then a confirmation sample is required pursuant to the provisions of under R 325.10710(9)(b) and (c), and compliance shall be determined based on the average of the initial and confirmation samples.

    (63) The department  may  allow  nitrate  levels  above  10 milligrams  per liter  but  not  more  than 20 milligrams per liter in a noncommunity water system supply if the supplier supply demonstrates, to the satisfaction of the department, all of the following:

    (a)    A permanent alternate source of water meeting state drinking water standards can not be obtained.

    (b)    The water will not be available to children under 6 months of age.

    (c)     Water meeting state drinking water standards, such as bottled water, will be provided to those who request it.

    (d)     There is continuous posting at all drinking water outlets available to the public that nitrate levels exceed 10 mg/l and the potential health effects of exposure as specified in part 4 of these rules.

    (e)    Adverse health effects are not documented.

     

    R 325.10604d MCLs for synthetic organic chemicals.

    Rule 604d.  (1) The MCLs for synthetic organic chemicals shall be as shown in table 6.4. The MCLs are effective beginning on the dates indicated. The MCLs The maximum contaminant levels and effective dates for the synthetic organic chemicals contained in table 1 of this rule apply to community and nontransient, noncommunity water supplies. Table 6.4 reads as follows:

     

    Table 6.41 MCLs for synthetic organic chemicals

     

     

     

    Contaminant


    Maximum Contaminant

    Level in mg/l               Effective Date

    Alachlor                            0.002                            July 30, 1992.

    Aldicarb                            0.003                            July 30, 1992.

    Aldicarb sulfoxide           0.004                            July 30, 1992.

    Aldicarb sulfone              0.002                            July 30, 1992.

     

     

    Atrazine

    0.003

    July 30, 1992.

    Benzo(a)pyrene

    0.0002

    January 17, 1994.

    Carbofuran

    0.04

    July 30, 1992.

    Chlordane

    0.002

    July 30, 1992.

    Dalapon

    0.2

    January 17, 1994.

    Di(2-

     

     

    ethylhexyl)adipate

    0.4

    January 17, 1994.

    Di(2-

     

     

    ethylhexyl)phthalate

    0.006

    January 17, 1994.

    Dibromochloropropan

     

     

    e

    0.0002

    July 30, 1992.

    Dinoseb

    0.007

    January 17, 1994.

    Diquat

    0.02

    January 17, 1994.

    Endothall

    0.1

    January 17, 1994.

    Endrin

    0.002

    August 17, 1992.

    Ethylene dibromide

    0.00005

    July 30, 1992.

    Glyphosate

    0.7

    January 17, 1994.

    Heptachlor

    0.0004

    July 30, 1992.

    Heptachlor epoxide

    0.0002

    July 30, 1992.

    Hexachlorobenzene

    0.001

    January 17, 1994.

    Hexachlorocyclopenta

     

     

    diene

    0.05

    January 17, 1994.

    Lindane

    0.0002

    July 30, 1992.

    Methoxychlor

    0.04

    July 30, 1992.

    Oxamyl (vydate)

    0.2

    January 17, 1994.

    Pentachlorophenol

    0.001

    July 30, 1992.

    Picloram

    0.5

    January 17, 1994.

    Polychlorinated

     

     

    biphenyls

    0.0005

    July 30, 1992.

    Simazine

    0.004

    January 17, 1994.

    Toxaphene

    0.003

    July 30, 1992.

    2,3,7,8-TCDD

    (dioxin)

    3 X 10-8

     

    January 17, 1994.

    2,4-D

    0.07

    July 30, 1992.

    2,4,5-TP silvex

    0.05

    July 30, 1992.

     

    (2)     Compliance with the MCLs for synthetic organic chemicals in table 1 of this rule shall be determined based on the analytical results obtained at each sampling point. If 1 sampling point is in violation of an MCL, then the supply is in violation of the MCL. All of the following provisions apply:

    (a)   For supplies monitoring more than once per year, compliance with the MCL is determined by a running annual average at each sampling point.

    (b)    Supplies monitoring annually or less frequently whose sample results exceed the regulatory detection level as defined in R 325.10605 shall begin quarterly sampling. Compliance with the MCL shall be based on the running annual average. For the purpose of calculating the running annual average, the initial exceedance shall be the result for the first quarter. If the department requires a confirmation sample under R 325.10717(12), then the average of the initial exceedance

     

     

    and the confirmation sample shall be the result for the first quarter. The supply shall not be in violation of the MCL until it has completed 1 year of quarterly sampling.

    (c)    If any sample result causes the running annual average to exceed the MCL at any sampling point, then the supply is out of compliance with the MCL immediately.

    (d)   If a supply fails to collect the required number of samples, then compliance shall be based on the total number of samples collected.

    (e)   If a sample result is less than the detection limit, then zero shall be used to calculate the annual average.

    (3) For suppliers that conduct monitoring more than once each year, compliance is determined by a running annual average of all samples taken at each sampling point. If the annual average of any sampling point is more than the MCL, then the system is out of compliance. If the initial sample or a subsequent sample would cause the annual average to be exceeded, then the system is out of compliance immediately. Any samples that are below the detection limit shall be calculated as zero for purposes of  determining the annual average.

    (4) If monitoring is conducted annually or less frequently, the system is out of compliance if the level of  a contaminant at any sampling point is more than the MCL. If a confirmation sample is required by the department, the determination of compliance will be based on the average of 2 samples.

     

    R 325.10605 Analytical techniques and sample collection procedures; incorporation by reference.

    Rule 605. (1) The analytical techniques and sample collection procedures used in the determination of compliance with the state drinking water standards for microbiological contaminants, inorganic chemical contaminants, organic chemical contaminants, including maximum TTHM potential, turbidity, residual disinfectants, disinfection byproducts, disinfection byproduct precursors, temperature, pH, conductivity, alkalinity, and radioactivity which are contained in 40 C.F.R. parts 141 and 143, (2004, 2003, 2002, 2001, 2000, 1999), and which have been promulgated by the United States EPA under authority of  the  safe drinking water act  of 1974 (public law  93-523),  the  safe drinking water  act amendments of 1986 (public law 99-339), and the safe drinking water act amendments of 1996 (public law 104-182), 42 U.S.C. 300f et seq. are adopted by reference in these rules. The adopted material is available  from  the  superintendent  of  documents  at  the  address  in  R 325.10116(2b)  for  a  cost  of

    $5661.00 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).

    (2) The analytical techniques and sample collection procedures used in the determination of compliance with the MCL for 1,4 dioxane are contained in EPA Method 524.2 with appropriate modifications. The modifications may include the following: use of a heated purge vessel, dry purge prior to desorbing the compound, and use of an alternate internal standard.  EPA Method

    524.2 is contained in "Methods for Determination of Organic Compounds in Drinking Water Supplement III, EPA/600/R-95/131," August 1995, and is adopted by reference in these rules. The adopted material is available from the National Technical Information Service, NTIS document number PB95-261616, at the U.S. Department of Commerce, 5285 Port Royal Road, Springfield, Virginia 22161, telephone 800-553-6847, or Internet address: http://www.ntis.gov at a cost of

    $31.50. 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 325.10610 MCLs for disinfection byproducts.

    Rule 610. (1) The maximum contaminant levels (MCLs) for disinfection byproducts are as follows:

     

      Disinfection byproduct                              MCL (mg/l)      

     

     

    Total trihalomethanes (TTHM)

    0.080/0.10 *

    Haloacetic acids (five) (HAA5)

    0.060

    Bromate

    0.010

    Chlorite

    1.0

    * The MCL of 0.080 mg/l for TTHM is effective January 1, 2002, for subpart H systems serving 10,000 or  more  people.    The  MCL  of  0.10 mg/l  for  TTHM  and  the  requirements  of  R 325.10719a, R 325.10719b, R 325.10719c, and R 325.10719d are in effect until December 31, 2003, for all other community water systems that add a disinfectant to the water as a normal part of the treatment process.  Compliance with the 0.10 mg/l TTHM MCL shall be determined based on a running annual average of  quarterly samples collected under R 325.10719b or R 325.10719c(1). Beginning January 1, 2004, the MCL will be 0.080 mg/l for systems subject to this rule, other than subpart H systems serving 10,000 or  more people which became subject to this rule on January 1, 2002, and the compliance requirements will be according to R 325.10610b. Beginning January 1, 2004, the total trihalomethanes MCL of 0.10 mg/l and this footnote will no longer apply.

     

    (2) Except  for  the  MCL  of  0.10 mg/l  for  TTHM,  tThis  rule,  R 325.10610a,  R 325.10610b, R 325.10610c, R 325.10719e, and R 325.10719f apply to community and nontransient noncommunity water systems that add a chemical disinfectant to the water in any part of the drinking water treatment process and to transient noncommunity water systems adding chlorine dioxide.  Transient noncommunity water systems are only required to comply with the chlorine dioxide requirements. This rule, R 325.10610a, R 325.10610b, R 325.10610c, R 325.10719e, and R 325.10719f are effective January 1, 2002, for subpart H systems serving 10,000 or more people, and become effective January 1, 2004, for other systems subject to this rule.

     

    R 325.10611 Filtration and disinfection; generally.

    Rule 611. (1) A supplier of a public water system shall comply with the requirements of R 325.10807, R 325.10808, R 325.10812, R 325.10813, R 325.10816, R 325.10817, R 325.10818, R 325.10819, R

    325.10820, and R 325.10822, shall demonstrate a safe microbiological water quality history, and may be required to demonstrate stability in other measurements of water quality; or the supplier shall provide complete treatment.

    (2)   The department may grant a deviation from the provisions of subrule (1) of this rule if the supplier can demonstrate that the system is capable of producing finished water that meetings state drinking water standards applicable to systems using only ground water not under the direct influence of surface water.

    (3)     Suppliers of subpart H systems shall comply with the treatment techniques of this rule, R 325.10611a, R 325.10611b, R 325.10611c, the sampling requirements of R 325.10720, and the reporting and recordkeeping requirements of R 325.10720a and R 325.11506, except where noted, and the disinfection profiling and benchmarking requirements in R 325.10722. The treatment technique requirements consist of installing and properly operating water treatment processes that reliably achieve all of the following applicable removal or inactivation percentages between a point where the raw water is not subject to recontamination by surface water runoff and a point downstream before or at the first customer:

    (a)     Not less than 99.9% (3 log) inactivation or the removal of giardia lamblia cysts and not less than 99.99% (4 log) inactivation or the removal of viruses.

    (b)    A 99% (2 log) removal of cryptosporidium oocysts for systems subject to this rule serving 10,000 or more people. This subdivision applies to subpart H systems serving 10,000 or more people until December 31, 2004 and applies to all subpart H systems beginning January 1, 2005.

     

     

    (4)    If a supplier of a public water system does not currently provide complete treatment and if the department determines that a system requires complete treatment either under subrules (1) and (2) of this rule or because the system uses surface water or groundwater under the direct influence of surface water, then the supplier shall provide complete treatment within 18 months of the department's determination and shall provide interim disinfection and monitoring as considered necessary by the department. During the interim disinfection period, systems requiring complete treatment  under subrules (1) and (2) of this rule shall demonstrate safe microbiological water quality. Subpart H systems are subject to subrule (3) of this rule within 18 months or until treatment is installed, whichever occurs first. During the interim disinfection period, subpart H systems shall also comply with both of the following provisions:

    (a)     The supplier shall collect at least 1 sample from the source water every 4 hours while the source is being utilized and have the sample analyzed for turbidity.

    (b)    If the result of 1 or more samples taken under subdivision (a) of this subrule is more than 1 ntu, then within 24 hours of the determination that a turbidity measurement is more than 1 ntu, the supplier shall collect at least 1 sample near the first service connection and have the sample analyzed for total coliform. Sample results from the coliform monitoring shall be included in determining compliance with the total coliform standard.

     

    R 325.10611b Filtration and disinfection; filtration.

    Rule 611b. (1) Suppliers of subpart H systems shall comply with both all of the following filtration requirements, as applicable:

    (a)For suppliers of systems using conventional filtration, direct filtration, or membrane filtration, the turbidity level of representative samples of a system's filtered water shall at no time exceed 1 NTU for systems serving 10,000 or more people, or 5 NTU for systems serving fewer than 10,000 people. In not  less than 95% of the measurements taken each month, the turbidity level of representative samples of a system's filtered water shall be less than or equal to 0.3 NTU for systems serving 10,000 or more people,  or 0.5 NTU for other systems.

    (b)For suppliers of systems using slow sand filtration or diatomaceous earth filtration, the turbidity level of representative samples of a system's filtered water shall at no time exceed 5 NTU, and shall be  less than or equal to 1 NTU in not less than 95% of the measurements taken each month.

    For a system using...

    (i)   The   turbidity   level   of

    (ii)  Not  less  than  95%  of

    representative  samples  of  a

    the    measurements       taken

    system's filtered water shall

    each  month  shall  be  less

    at no time exceed...

    than or equal to...

    (a) Conventional, direct, or membrane filtration

    1 ntu / 5 ntu1

    0.3 ntu / 0.5 ntu2

    (b) Slow sand or diatomaceous           earth filtration

    5 ntu

    1 ntu

    (c) An alternative filtration         technology

    approved by the department, based  on the                  demonstration described in subrule (3) of this rule.

    The                department-set turbidity level, not to exceed 5 ntu, based on the demonstration described in subrule (3) of this rule.

    The              department-set turbidity level, not to exceed 1 ntu, based on the demonstration described in subrule (3) of this rule.

     

     

    1 The 1 ntu level applies to systems serving 10,000 or more people and the 5 ntu level applies to systems serving fewer than 10,000 people until December 31, 2004. Beginning January 1, 2005, the 5 ntu level and this footnote no longer apply and all systems subject to this rule shall comply with the 1 ntu level.

    2 The 0.3 ntu level applies to systems serving 10,000 or more people and the 0.5 ntu level applies to systems serving fewer than 10,000 people until December 31, 2004. Beginning January 1, 2005, the 0.5 ntu level and this footnote no longer apply and all systems subject to this rule shall comply with the 0.3 ntu level.

     

    (2)   A system using lime softening, where the final pH exceeds 8.3, may acidify representative samples before turbidity analysis using a protocol approved by the department. The approved protocol shall require the use of a concentrated acid in sufficient quantities to lower the pH to less than 8.3, dissolve only calcium carbonate and magnesium hydroxide, and not to dilute the representative sample.

    (3)   A public water system may use a filtration technology not listed in subrule (1)(a) or (b) of this rule if the supplier demonstrates to the department, using pilot plant studies or other means, that the alternative filtration technology, in combination with disinfection treatment, consistently achieves the removal or inactivation percentages set forth  in R 325.10611(3), and the department approves the use of the filtration technology. Requirements of systems after receiving approval are as follows:

    (a) For each approval for a system serving fewer than 10,000 people that makes this demonstration, the turbidity requirements of subrule (1)(b) of this rule applies.

    (b) For each approval for a system serving 10,000 or more people, the department will set turbidity performance requirements that the system shall meet not less than 95% of the time and the system shall not exceed, at any time, at a level that consistently achieves the removal or inactivation percentages set forth in R 325.10611(3).

     

    R 325.10611c Filtration and disinfection; filter backwash recycling; treatment technique.

    Rule 611c. 141.76(c) A subpart H system that employs conventional filtration or direct filtration treatment and that recycles spent filter backwash water, thickener supernatant, or liquids from dewatering processes shall return these flows through the processes of a system's existing conventional or direct filtration system as defined in R 325.10103 and R 325.10104, or at an alternate location approved by the department. If capital improvements are required to modify the recycle location to meet this requirement, then all capital improvements shall be completed not later than June 8, 2006.