8 PROPOSED ADMINISTRATIVE RULES

 

 

ORR # 2004-015

 

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 325.10710,  R 325.10716,  R 325.10717,  R 325.10717b,  R 325.10720,  R 325.10720a,  R 325.10722,

R 325.10725,   R 325.10726,   R 325.10728,   R 325.10729,   and   R 325.10730   of   the   Michigan

Administrative Code are amended and R 325.10719a, R 325.10719b, R 325.10719c, and R 325.10719d of the Code are rescinded as follows:

 

PART 7. SURVEILLANCE, INSPECTION, AND MONITORING

 

R 325.10710 Collection and analysis of samples for inorganic chemicals.

Rule 710. (1) Suppliers of water of community water systems and noncommunity water systems shall collect water samples and cause analyses to be made for inorganic chemicals to determine compliance with the state drinking water standards as set forth in R 325.10604c. Suppliers shall monitor at the time designated by the department during each compliance period.

(2)    The department may require samples to be collected and analyzed at a prescribed frequency for inorganic chemicals for type III public water supplies.

(3)   Beginning in the initial compliance period, suppliers of community water systems and nontransient, noncommunity water systems shall monitor under this rule to determine compliance with the MCLs for inorganic contaminants outlined in R 325.10604c. Beginning in the initial compliance period, suppliers of transient, noncommunity water systems shall monitor under this rule to determine compliance with the nitrate, nitrite, and total nitrate and nitrite MCLs in R 325.10604c.

(4)   Suppliers shall monitor as follows in the following manner:

(a)     Suppliers of water from groundwater systems shall take a minimum of at least 1 sample at every entry point to the distribution system representative of each well after treatment, also known as sampling point. The supplier shall take each sample at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant.

(b)    Suppliers of water from surface water systems, or combined surface water and groundwater systems, shall take a minimum of at least 1 sample at every entry point to the distribution system after any the application of treatment or in the distribution system at a sampling point that is representative of each source after treatment, also known as sampling point.  The supplier shall take each sample at the same

 

 

sampling point unless conditions make another sampling point more representative of each source or treatment plant.

(c)     If a system draws water from more than 1 source and the sources are combined before distribution, then the supplier shall sample at an entry point to the distribution system during periods when water is representative of all sources being used.

(d)    The total number of samples that shall be analyzed to meet the requirements of this rule may be reduced by the department when compositing of samples is utilized. Provisions for compositing of samples are as follows:

(i)    Composite samples from a maximum of 5 sampling points are allowed.

(ii)    Compositing of samples shall be done in the laboratory.

(iii)     If the concentration in the composite sample is greater than or equal to 1/5 of the MCL of any inorganic chemical, then a follow-up sample shall be collected within 14 days from each sampling point included in the composite. These samples shall be analyzed for the contaminants that exceeded 1/5 of the MCL in the composite sample.

(iv)    Compositing shall only be performed using samples from within a single water system.

(v)      If duplicates of the original sample taken from each sampling point used in the composite are available, then the supplier may use these instead of resampling. The duplicates shall be analyzed and the results reported to the department within 14 days of collection after completing analysis of the composite sample if the holding time of the sample is not exceeded.

(5)   The monitoring frequency conducted to determine compliance with the MCLs in R 325.10604c for antimony, arsenic, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium, and thallium shall be as follows:

(a)     Suppliers of water of groundwater systems shall take 1 sample at each sampling point during each compliance period. Suppliers of water of surface water systems, or combined surface water and groundwater systems, shall take 1 sample annually at each sampling point.

(b)     A supplier of water may apply to the department for a waiver from the monitoring frequencies specified in subdivision (a) of this subrule.  The department may grant a waiver for monitoring cyanide if the department determines the system is not vulnerable due to the lack of any industrial source of cyanide. Waiver provisions are as follows:

(i)    A supplier shall take a minimum of at least 1 sample while the waiver is effective.

(ii)    The term during which a waiver is effective shall not be more than 1 compliance cycle.

(iii)    A waiver may be granted if a surface water supplier has monitored annually for not less than 3 years or a groundwater supplier has conducted not less than 3 rounds of monitoring. At least 1 sample shall have been taken since January 1, 1990. Both surface and groundwater suppliers shall demonstrate that all previous analytical results were less than the MCL. Supplies that use a new water source are not eligible for a waiver until 3 rounds of monitoring from the new source have been completed.

(iv)      The department shall consider all of the following factors to determine the appropriate reduced monitoring frequency:

(A)  Reported concentrations from all previous monitoring.

(B)  The degree of variation in reported concentrations.

(C)  Other factors that may affect contaminant concentrations, such as changes in any of the following:

(1)   Groundwater pumping rates.

(2)   The system's configuration.

(3)   The system's operating procedures.

(4)   Stream flows or characteristics.

 

 

(v)     A waiver shall be in writing and shall set forth the basis for the determination. The determination may be initiated by the department or upon an application by the public water supplier specifying the basis for its request. The department may revise the determination based on new data.

(c)     Suppliers of systems exceeding the MCLs in R 325.10604c shall monitor quarterly beginning in the next quarter after the violation occurred. The department may decrease the quarterly monitoring requirement to the frequencies specified in subdivisions (a) and (b) of this subrule if it has determined that the system is reliably and consistently below the MCL. A groundwater supplier shall take not less fewer than 2 quarterly samples and a surface water supplier shall take not less fewer than 4 quarterly samples before the department's determination.

(d) All new supplies or supplies that use a new source of water shall demonstrate compliance with the MCLs before serving water to the public except as otherwise required in this subdivision. The supply shall also comply with the initial sampling frequencies specified by the department to ensure a system can demonstrate compliance with the MCLs. Before January 23, 2006, new nontransient noncommunity water supplies or supplies that use a new source of water that exceed the arsenic MCL of 0.010 mg/l may use the source only if the supply complies with a consent agreement with the department stipulating a plan and schedule satisfactory to the department to meet the MCL.

(6)   The following monitoring frequency shall be conducted to determine compliance with the MCL in R 325.10604c for asbestos shall be as follows:

(a)      Suppliers of each community water system and nontransient, noncommunity water system shall monitor for asbestos during the first 3-year compliance period of each 9-year compliance cycle beginning in the compliance period starting January 1, 1993.

(b)    If the supplier believes its water is not vulnerable to either asbestos contamination in its source water or asbestos contamination due to corrosion of asbestos-cement pipe, or both, then it may apply to the department for a waiver  of the monitoring requirement in subdivision (a) of this subrule. If the department grants the waiver, then the supplier is not required to monitor. A waiver remains in effect until the completion of the 3-year compliance period. The department may grant a waiver based on a consideration of both of the following factors:

(i)    Potential asbestos contamination of the water source.

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

(c)       A supplier of a system vulnerable to asbestos contamination due solely to the corrosion of asbestos-cement pipe shall take 1 sample at a tap served by asbestos-cement pipe and under conditions where asbestos contamination is most likely to occur.

(d)    A supplier of a system vulnerable to asbestos contamination due solely to source water shall monitor under subrule (4) of this rule.

(e)    A supplier of a system vulnerable to asbestos contamination due both to its source water supply and corrosion of asbestos-cement pipe shall take 1 sample at a tap served by asbestos-cement pipe and under conditions where asbestos contamination is most likely to occur.

(f)    A supplier of a system exceeding the MCLs in R 325.10604c shall monitor quarterly beginning in the next quarter after a violation occurred.

(g)      The quarterly monitoring requirement may be decreased by the department to the frequency specified in subdivision (a) of this subrule if the department determines that the system is reliably and consistently below the MCL.  A groundwater supplier shall take a minimum of 2 quarterly samples and a surface water or combined surface water and groundwater supplier shall take a minimum of not fewer than 4 quarterly samples before this determination.

 

 

(h)     If monitoring data collected after January 1, 1990, are generally consistent with the requirements of this subrule, then that data may be used to satisfy the monitoring requirement for the initial compliance period beginning January 1, 1993.

(7)   The monitoring frequency conducted to determine compliance with the MCLs in R 325.10604c for nitrate shall be as follows:

(a)     Community water systems and nontransient, noncommunity water systems served by groundwater systems shall be monitored annually. Systems served by surface water shall be monitored quarterly.

(b)    For community water systems and nontransient, noncommunity water systems, the repeat monitoring frequency for groundwater systems shall be quarterly for at least 1 year following any 1 sample in which the concentration is 50% or more of the MCL. The sampling frequency for groundwater systems may be reduced by the department to annually after 4 consecutive quarterly samples are reliably and consistently less than the MCL.

(c)     For community water systems and nontransient, noncommunity water systems, the department may allow a surface water supplier to reduce the sampling frequency to annually if all analytical results from 4 consecutive quarters are less than 50% of the MCL. A surface water supplier shall return to quarterly monitoring if any 1 sample is 50% or more of the MCL.

(d)    Suppliers of transient, noncommunity water systems shall monitor annually.

(e)    After the initial round of quarterly sampling is completed, suppliers of community water systems and nontransient, noncommunity water systems that are monitored annually shall take subsequent samples during the quarter or quarters which previously resulted in the highest analytical result.

(8)   The monitoring frequency conducted to determine compliance with the MCLs in R 325.10604c for nitrite shall be as follows:

(a)     A supplier of a community water system or a noncommunity water system shall take 1 sample at each sampling point in the during each compliance period beginning January 1, 1993, and ending December 31, 1995.

(b)    After the initial sample, suppliers of systems where an analytical result for nitrite is less than 50% of the MCL shall monitor at the frequency specified by the department.

(c)     The repeat monitoring frequency for a system shall be quarterly for at least 1 year following any 1 sample in which the concentration is 50% or more of the MCL. The department may allow a supplier to reduce the sampling frequency to annually after determining the system is reliably and consistently less than the MCL.

(d)    Suppliers monitoring annually shall take each subsequent sample during the quarter or quarters that previously resulted in the highest analytical result.

(9)   Confirmation samples are required as follows:

(a)     Where the results of sampling for any of the following indicate a level that is more than the MCL, the department may require the supply to collect that 1 additional sample be collected as soon as possible after the initial sample was taken, but not more than 2 weeks later, at the same sampling point and have it analyzed for the contaminant that was above the MCL:

(i)    Asbestos Antimony.

(ii)    Antimony Arsenic.

(iii) Asbestos.

(iiiv)Barium.

(vi)   Cadmium.

(vii)   Chromium. (viii)Cyanide.

(viiix) Fluoride.

 

 

(xi)   Nickel.

(xii)   Selenium.

(xiii)   Thallium.

(b)    Where nitrate or nitrite sampling results indicate a level that is more than the MCL, the supplier shall take a confirmation sample within 24 hours of the supplier's receipt of notification of the analytical results of the first sample. Suppliers that are unable to comply with the 24-hour sampling requirement shall immediately notify the persons served by the area served by the public water system under part 4 of these rules and shall analyze a confirmation sample within 2 weeks of notification of the analytical results of the first sample.

(c)    If a confirmation sample required by the department is taken for any contaminant, then the results of the initial and confirmation sample shall be averaged. The resulting average shall be used to determine the system's compliance under R 325.10604c(2), (3), (4), and (5). Results of obvious sampling errors may be deleted by the department.

(d)  (10) The department may require more frequent monitoring than specified in this rule or may require confirmation samples for positive or negative results.

(e)  (11) Suppliers may apply to the department to conduct more frequent monitoring than the minimum monitoring frequencies specified in this rule.

 

R 325.10716 Collection and analysis of samples for VOCs.

Rule 716. (1) Beginning with the initial compliance period, suppliers of water of community and nontransient, noncommunity public water supplies shall collect samples and cause analyses to be made according to the provisions of under this rule for volatile organic chemicals to determine compliance with the state drinking water standards listed in R 325.10604b. Each supplier shall monitor at the time designated by the department within each compliance period. The department may increase required monitoring where necessary to detect variations within a water system.

(2)   For transient, noncommunity and type III public water supplies, the department may require samples to be collected and analyzed at prescribed frequencies for organic chemicals.

(3)   Suppliers of groundwater systems shall take a minimum of at least 1 sample at every entry point to the distribution system that is representative of each well after treatment, also known as sampling point. Each sample shall be taken at the same sampling point unless conditions make another sampling point more representative of each source, treatment plant, or within the distribution system.

(4)   Suppliers of surface water systems or combined surface water and groundwater systems shall take a minimum of at least 1 sample at points in the distribution system that are representative of each source or at each entry point to the distribution system after treatment, also known as sampling point. Each sample shall be taken at the same sampling point unless conditions make another sampling point more representative of each source, treatment plant, or within the distribution system.

(5)   If the system draws water from more than 1 source and the sources are combined before distribution, then the system shall be sampled at an entry point to the distribution system during periods of normal operating conditions when water that is representative of all sources is being used.

(6)   Suppliers of each community water system and nontransient, noncommunity water system shall take 4 consecutive quarterly samples for each contaminant, except for vinyl chloride or 1,4-dioxane, that is listed in R 325.10604b during each compliance period, beginning in the initial compliance period. Suppliers that use grandfathered samples and that did not detect any VOCs listed in R 325.10604b,  table 6.2, shall, beginning with the initial compliance period, monitor annually under subrule (7) of this rule.

 

 

(7)   If the initial monitoring has been completed by December 31, 1992, and the supplier did not detect any contaminant listed in R 325.10604b, then each groundwater and surface water If a supplier does not detect a contaminant in R 325.10604b in the first of the 4 consecutive quarterly samples, then the supplier shall take 1 sample annually beginning with the initial compliance period.

(8)   After a supplier has performed annual sampling for not less than 3 years, the department may allow a groundwater supplier that has not previously detected any contaminant that is listed in R 325.10604b to take reduce monitoring to 1 sample during each compliance period.

(9)   Suppliers of each community water system and nontransient noncommunity groundwater system that do not detect, at or above 0.0005 milligrams per liter, a contaminant listed in R 325.10604b may apply to the department for a waiver from portions of the requirements of subrules (6) and (7) of this rule after completing the initial monitoring. A waiver shall be effective for not more than  6 years.  The department may also issue waivers to small systems for the initial round of 1,2,4 trichlorobenzene monitoring.

(10)   The following factors will shall be evaluated to determine if a waiver will may be granted:

(a)     Knowledge of previous use, including transport, storage, or disposal, of the contaminant within the watershed or zone of influence of the system. A supplier is not eligible for waiver if it is determined that previous use of the contaminant within the watershed or zone of influence has occurred. If a determination by the department reveals no previous use of the contaminant within the watershed or zone of influence, then a waiver may be granted.

(b)    If previous use of the contaminant is unknown or the contaminant has been used previously, then all of the following factors shall be used to determine whether a waiver is granted:

(i)    Previous analytical results.

(ii)    The proximity of the system to a potential point or non-point source of contamination. Point sources include spills and leaks of chemicals at or near a water treatment facility or at manufacturing, distribution, or storage facilities or from hazardous and municipal waste landfills and other waste-handling or treatment facilities.

(iii)    The environmental persistence and transport of the contaminants.

(iv)     The number of persons who are served by the public water system and the proximity of a smaller system to a larger system.

(v)     How well the water source is protected against contamination, such as whether it is a surface water or groundwater system. Groundwater supplies shall consider factors such as depth of the well, the type of soil, and wellhead protection. Surface water supplies shall consider watershed protection.

(11)    As a condition of a waiver, a groundwater supplier shall take 1 sample at each sampling point during the time the waiver is effective and update its vulnerability assessment considering the factors listed in subrule (10) of this rule. If the department does not reconfirm that the system is nonvulnerable based on this vulnerability assessment within 3 years of the initial determination, then the waiver is invalidated and the supplier is required to sample annually as specified in subrule (7) of this rule.

(12)   Suppliers of each community water system and nontransient noncommunity surface water system that do not detect a contaminant listed in R 325.10604b may apply to the department for a waiver from the requirements of subrule (7) of this rule after completing the initial monitoring. For a waiver to remain in effect, a suppliers of a systems that does not detect a contaminant listed in R 325.10604b shall be determined by the department to be nonvulnerable based on a vulnerability assessment, considering the factors listed in subrule (10) of this rule, during each compliance period. Each supplier that receives a waiver shall sample at the frequency specified by the department.

(13)   If a contaminant, other than vinyl chloride, listed in R 325.10604b is detected at a level more than  0.0005 milligrams per liter in any sample, then all of the following provisions apply:

(a)    The supplier shall monitor quarterly at each sampling point that resulted in a detection.

 

 

(b)     The department may decrease the quarterly monitoring requirement specified in subdivision (a) of this subrule if it has determined that the system is reliably and consistently below the MCL. A groundwater supplier shall take not less fewer than 2 quarterly samples and a surface water supplier shall take not less fewer than 4 quarterly samples for this determination.

(c)     If the department determines that the system is reliably and consistently below the MCL, then the department may allow the supplier to monitor annually. Suppliers that monitor annually shall monitor during the quarter or quarters that previously yielded the highest analytical result.

(d)    Suppliers that conduct 3 consecutive annual samples and do not detect a contaminant may apply to the department for a waiver as specified in subrule (9) of this rule.

(e)      Groundwater suppliers that detect 1 or more of the following 2-carbon organic compounds shall monitor quarterly for vinyl chloride and 1,4-dioxane:

(i)    Trichloroethylene.

(ii)    Tetrachloroethylene.

(iii)    1,2-dichloroethane.

(iv)    1,1,1-trichloroethane.

(v)    cis-1,2-dichloroethylene.

(vi)    trans-1,2-dichloroethylene.

(vii)     1,1-dichloroethylene.

A vinyl chloride sSamples shall be taken at each sampling point at which 1 or more of the 2-carbon organic compounds were detected and shall be analyzed for vinyl chloride and 1,4-dioxane. 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 1 sample during each compliance period. If the results of the first analysis do not detect 1,4-dioxane, then the department may reduce the quarterly monitoring frequency of 1,4-dioxane monitoring to 1 sample during each compliance period unless a less frequent schedule is approved by the department. Surface water suppliers shall monitor for vinyl chloride or 1,4-dioxane as specified by the department.

(14)   Suppliers that violate the requirements of R 325.10604b shall monitor quarterly. After If not less fewer  than  4 consecutive  quarterly  samples  that  show  that  the  system  is  in  compliance  with R 325.10604b and the department determines the system is reliably and consistently below the MCL, then the supplier may monitor at the frequency and time specified in subrule (13)(c) of this rule.

(15)     The department may require a confirmation sample for positive or negative results. If a confirmation sample is required by the department, then the result shall be averaged with the first sampling  result  and  the  average  shall  be  used  for  the  compliance  determination  as  specified  by R 325.10604b. The department may delete results of obvious sampling errors from the calculation.

(16)   The department may reduce the total number of samples a supplier shall analyze by allowing the use of compositing when the population served by the system is more than 3,300 persons. Composite samples from not more than 5 sampling points within a single water system are allowed if the detection limit of the method used for analysis is less than 1/5 of the MCL. Compositing of samples shall be done in the laboratory and analyzed within 14 days of sample collection. All of the following provisions apply to compositing:

(a)     If the concentration in the composite sample is more than or equal to 0.0005 milligrams per liter for any contaminant listed in R 325.10604b, then a the supplier shall take a follow-up sample within 14 days from each sampling point included in the composite and shall analyze the sample.

(b)      If duplicates of the original sample taken from each sampling point used in the composite are available, then the supplier may use these duplicates instead of resampling. A The supplier shall analyze the duplicate and shall report the results to the department within 14 days of collection after

 

 

completing analysis of the composite sample, provided the holding time of the sample is not exceeded.

(c)     The method for compositing samples specified in the provisions of 40 C.F.R. part 141, paragraph 141.24(f)(14)(iv) and (v), May 4, 2000, is adopted by reference. The adopted material is available from the superintendent of documents at the address in R 325.10116(b) for a cost of $4761.00 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).

(17) All new supplies or supplies that use a new source of water shall demonstrate compliance with the MCLs before serving water to the public. The supply shall also comply with the initial sampling frequencies specified by the department to ensure a supply can demonstrate compliance with the MCLs.

 

R 325.10717 Collection and analysis of samples for synthetic organic chemicals.

Rule 717. (1) Suppliers of water for community and nontransient, noncommunity public water supplies shall collect samples and cause analyses to be made according to the provisions of under this rule for synthetic organic chemicals to determine compliance with the state drinking water standards specified in R 325.10604d. Each supplier shall monitor at the time designated by the department within each compliance period.

(2)   A groundwater supplier shall take at least 1 sample at every entry point to the distribution system that is representative of each well after treatment, also known as sampling point. Each sample shall be taken at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant.

(3)     A surface water supplier, or combined surface water and ground water, shall take at least 1 sample at points in the distribution system that are representative of each source or at each entry point to the distribution system after treatment, also known as sampling point. Each sample shall be taken at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant. Surface water supplies include supplies that have a combination of surface and ground sources.

(4)   If a system draws water from more than 1 source and the sources are combined before distribution, then the supplier shall sample at an entry point to the distribution system during periods of normal operating conditions when water that is representative of all sources is being used.

(5)   Each community and nontransient, noncommunity water supplier shall take 4 consecutive quarterly samples for each contaminant that is listed in R 325.10604d during each compliance period beginning with the initial compliance period.

(6)     A supplier that serves serving more than 3,300 persons people and that does not detect a contaminant in the initial compliance period may reduce the sampling frequency to not less fewer than 2 quarterly samples in 1 year during each repeat compliance period.

(7)    A supplier that serves less serving fewer than 3,301 persons people and that does not detect a contaminant in the initial compliance period may reduce the sampling frequency to a minimum of at least 1 sample during each repeat compliance period.

(8)   Each community and nontransient water supply may apply to the department for a waiver from the requirements of subrule (5), (6), or (7) of this rule. A supplier shall reapply for a waiver for each compliance period.

 

 

(a)    Previous analytical results.

(b)    The proximity of the system to a potential point or non-point source of contamination. Point sources include spills and leaks of chemicals at or near a water treatment facility, at manufacturing, distribution, or storage facilities or from hazardous and municipal waste-handling or treatment facilities. Non-point sources include the use of pesticides to control insect and weed pests in agricultural areas, forest lands, and homes, and gardens and also include other land application uses.

(c)    The environmental persistence and transport of the pesticide or PCBs.

(d)    How well the water source is protected against contamination due to such factors such as depth of the well, the type of soil, and the integrity of the well casing.

(e)    Elevated nitrate levels at the water supply source.

(f)    Use of PCBs in equipment that is used in the production, storage, or distribution of water.

(10)   If a contaminant that is listed in R 325.10604d is detected in any sample, then all of the following provisions apply:

(a)     Each supply shall be monitored quarterly at each sampling point that resulted in a detection. The department may decrease the quarterly monitoring requirement specified in this subrule if it has determined that the supply is reliably and consistently below the MCL. A groundwater supplier shall take not less fewer than 2 quarterly samples and a surface water supplier shall take not less fewer than 4 quarterly samples before this determination.

(b)     After the department determines that the supply is reliably and consistently below the MCL, the department may allow the supply to be monitored annually. A Supplier Supplies that monitors annually shall monitor during the quarter that previously yielded the highest analytical result.

(c)       A supplier that has conducteds 3 consecutive annual samples and has does not detected a contaminant may apply to the department for a waiver as specified in subrule (9) of this rule.

(d)     If monitoring results in detection of 1 or more of the following contaminants, then subsequent monitoring shall analyze for all the following related contaminants:

(i)    Aldicarb.

(ii)    Aldicarb sulfone.

(iii)    Aldicarb sulfoxide.

(iv)    Heptachlor.

(v)    Heptachlor epoxide.

(11)   A supplier that violates the requirements of R 325.10604d shall monitor quarterly. After If not less fewer than 4 quarterly samples show that the supply is in compliance and the department determines the supply is reliably and consistently below the MCL, a then the supplier shall monitor the supply at the frequency specified in subrule (10)(b) of this rule.

(12)     The department may require a confirmation sample for positive or negative results. If a confirmation sample is required, then the result shall be averaged with the first sampling result and the average shall be used for the compliance determination. The department may delete results of obvious sampling errors from this calculation.

(13)    The department may reduce the total number of samples a supplier is required to analyze by allowing the use of compositing. Composite samples from not more than 5 sampling points within the same system are allowed if the detection limit if the detection limit of the method used for the analysis is less than 1/5 of the MCL. A supplier shall perform the Compositing of samples shall be done in the laboratory and shall be analyzed the samples within 14 days of sample collection. Both of the following provisions apply to compositing:

(a)      If the concentration in the composite sample detects 1 or more contaminants that are listed in R 325.10604d, then a the supplier shall take a follow-up sample within 14 days from each sampling point included in the composite and shall analyze the sample for that contaminant.

 

 

(b)    If duplicates of the original sample taken from each sampling point that is used in the composite are available, a then the supplier may use these duplicates instead of resampling. A supplier shall analyze the duplicate and shall report the results to the department within 14 days of collection Duplicates shall be analyzed and the results reported to the department within 14 days after completion of the composite analysis or before the holding time is exceeded, whichever is sooner.

(14)     If monitoring data that  are  collected after January 1, 1990,  are generally consistent with  the requirements of R 325.10717 this rule, R 325.10604(d), and R 325.10605(e), then the department may allow systems to use that data to satisfy the monitoring requirement for the initial compliance period.

(15)    To detect variations within a system, due to fluctuations in concentration due to seasonal use or changes in water source, the department may increase the required monitoring frequency.

(16)     A determination of compliance may be based upon analytical results and other information compiled by the department.

(17) All new supplies or supplies that use a new source of water shall demonstrate compliance with the MCLs before serving water to the public. The supply shall also comply with the initial sampling frequencies specified by the department to ensure a supply can demonstrate compliance with the MCLs.

 

R 325.10717b Special monitoring.

Rule 717b. (1) Unregulated contaminant monitoring requirements are contained in 40 C.F.R. §141.40. The department adopts by reference 40 C.F.R. §141.40 (January 11, 2001October 29, 2002). The adopted material is available from the superintendent of documents at the address in R 325.10116(b) for a cost of $4761.00 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)   All of the following provisions apply to sodium monitoring:

(a)    A supplier of water for a community water system shall collect and analyze 1 sample per plant at the entry point to the distribution system to determine sodium concentration levels. Samples shall be collected and analyzed annually for a system that utilizes surface water sources in whole or in part and not less than once every 3 years for a system that utilizes solely ground water sources. The minimum number of samples required to be taken by the system shall be based on the number of treatment plants used by the system, except that multiple wells drawing raw water from a single aquifer may be considered 1 treatment plant for determining the minimum number of samples.

(b)    The supplier of water shall report to the department the results of the analyses for sodium as required in R 325.10734(1). If the department requires more than annual sampling, then the supplier shall report the average sodium concentration as required in R 325.10734(1) after taking the last sample used for the annual average.

(c)    The supplier shall notify the local health department of the sodium levels within 3 months in writing. The supplier shall send a copy of the written notice to the state within 10 days of its issuance. The supplier is not required to send written notice to the local health department when the department provides the notice instead of the supplier.

(3)   An analysis for a contaminant or parameter listed in this rule shall be conducted only by laboratories certified to conduct that analysis under part 27 of these rules or approved by the United States EPA.

 

R 325.10719a Total trihalomethane; collection and analysis of samples generally Rescinded.

Rule 719a. (1) Systems subject to this rule, as specified in subrule (4) of this rule, shall collect samples and cause analyses to be performed for total trihalomethanes (TTHM) levels to determine compliance with the MCL of 0.10 mg/l under R 325.10610(1).  For public water systems purchasing finished water

 

 

from another public water system, the department may modify the monitoring requirements for TTHM  in accordance with R 325.10733.

(2) Based on knowledge of the source and treatment, the department may require certain public water systems serving fewer than 10,000 people to monitor for TTHM as deemed necessary.

(3) The minimum number of samples required to be taken by public water systems for total trihalomethane analysis shall be based on the number of treatment plants used by the public water system, except that multiple wells drawing water from a single aquifer shall, with department approval, be considered 1 treatment plant for determining the minimum number of samples.  All samples required to be taken within an established sampling frequency shall be taken within a 24-hour period.

(4) This rule, R 325.10719b, R 325.10719c, and R 325.10719d apply to community water systems using only ground water not under the direct influence of surface water that add a disinfectant in any part of  the treatment  process and  serve a  population of  10,000 or more until December 31, 2003. After December 31, 2003, this rule, R 325.10719b, R 325.10719c, and R 325.10719d no longer apply.

 

R 325.10719b Total trihalomethane; collection and analysis of samples; frequency Rescinded.

Rule 719b. For type I public water supplies subject to the provisions of R 325.10719a, analyses for total trihalomethane shall be performed at quarterly intervals on not less than 4 water samples for each treatment plant used by the water supply system. Not less than 25% of the samples shall be taken at locations within the distribution system reflecting the maximum residence time of the water in the system. The remaining samples shall be taken at representative locations in the distribution system,  taking into account the number of persons served, the different sources of water, and treatment methods employed.

 

R 325.10719c Total trihalomethane; collection and analysis of samples; modification of monitoring frequency Rescinded.

Rule 719c. (1) Pursuant to a written determination by the department that the data from at least 1 year  of monitoring in accordance with R 325.10719b and local conditions demonstrate that total trihalomethane concentrations will be consistently below the maximum contaminant level, the monitoring frequency required by R 325.10719b may be reduced by the department to a minimum of 1 sample analyzed for TTHM per quarter, taken at a point in the distribution system which reflects the maximum residence time of the water in the system.

(2) A type I public water supply using groundwater sources or surface water sources whose maximum  TTHM potential is not likely to exceed the MCL for TTHM may have the monitoring frequency required by R 325.10719b changed to a minimum of 1 sample for maximum TTHM potential per year  for each treatment plant used by the public water supply. The results of at least 1 sample analyzed for  maximum TTHM potential for each treatment plant used by the public water supply shall be available to the department. The monitoring frequency may only be reduced upon a written determination by the department that, based on the data and an assessment of the local conditions, the public water supply is not likely to approach or exceed the MCL for TTHM.

(3) Based upon the provisions of R 325.10719c(2) and R 325.10719a(3), the department may reduce the frequency of monitoring for maximum TTHM potential to 1 sample per year.

(4) If at any time during which a reduced monitoring frequency prescribed under this rule applies, the result of an analysis exceeds the MCL for TTHM and the result is confirmed by at least 1 check sample taken promptly after the result is received, the public water supply shall immediately begin monitoring in accordance with the requirements of R 325.10719b and shall continue monitoring for at least 1 year before the frequency may be reduced again.

 

 

(5) If there is any significant change to the raw water or treatment system, any public water supply on a reduced monitoring frequency shall immediately analyze an additional sample for maximum TTHM  potential for the purpose of determining whether the system shall be required to comply with the provisions of R 325.10719b.

(6) The monitoring frequency for a public water supply may be increased by the department above the minimum in those cases where it is necessary to detect variations of TTHM levels within the distribution system.

(7) If a type I public water supply serving less than 10,000 individuals is found to exceed the MCL for TTHM, the department shall require that the public be notified pursuant to part 4 of these rules and may  require that modifications be made to the waterworks system, where economically feasible, to bring the water system into compliance with the MCL.

 

R 325.10719d Total trihalomethane; reporting and notification Rescinded.

Rule 719d. (1) The results of all analyses performed to determine TTHM concentration pursuant to this part shall be reported to the department under R 325.10734(1). Samples collected for TTHM analyses under R 325.10719a shall be used for determining compliance with the total trihalomethane MCL of 0.10 mg/l in R 325.10610, unless the analytical results are invalidated for technical reasons.

(2) If the average of samples covering any 12-month period exceeds the MCL, the supplier of water shall report to the department under R 325.10734(2). Monitoring after public notification shall be at a frequency designated by the department.

(3) This rule applies as set forth in R 325.10719a(4).

 

R 325.10720 Filtration and disinfection; filtration sampling requirements

Rule 720. (1) Suppliers of subpart H systems shall monitor under this rule to determine compliance with R 325.10611a and R 325.10611b, except for the systems noted in subrule (4) of this rule.

(2)   All of the following provisions are turbidity monitoring requirements:

(a)    Suppliers shall collect samples and perform measurements for turbidity at locations representative of filtered water at regular intervals at least once every 4 hours while the treatment plant is in operation.

(b)     A public water supplier may substitute continuous turbidity monitoring for grab sample monitoring if the continuous measurement is validated for accuracy on a regular basis using a protocol approved by the department. Readings taken from a continuous recording turbidimeter at regular intervals at least once  every  4 hours  may  be  used  to  determine  compliance  with  the  treatment  technique  under R 325.10611b. The turbidimeter shall be calibrated using the procedure specified by the manufacturer.

(c)     Suppliers of systems serving 10,000 or more people and using conventional or direct filtration shall conduct continuous monitoring of turbidity for each individual filter and shall calibrate turbidimeters using the procedure specified by the manufacturer. Suppliers shall record the results of individual filter monitoring every 15 minutes. Until December 31, 2004, this subdivision applies only to systems serving 10,000 or more people. Beginning January 1, 2005, this subdivision also applies to systems serving fewer than 10,000 people.

(d)    If there is a failure in the continuous turbidity monitoring equipment described in subdivision (d) (b) of this subrule, then the supplier shall conduct grab sampling every 4 hours instead of continuous monitoring, but for not more than 5 working days after the failure of the equipment for systems serving 10,000 or more people or 14 days for systems serving fewer than 10,000 people before a violation is incurred.

(e) If the system serves fewer than 10,000 people and consists of only 2 or fewer filters, then the supplier may conduct continuous monitoring  of combined filter effluent turbidity instead of

 

 

individual filter effluent turbidity monitoring. Continuous monitoring shall meet the same requirements in subdivisions (c) and (d) of this subrule.

(3)   All of the following provisions are disinfectant residual monitoring requirements at the entry points to the distribution system:

(a)       Suppliers of systems serving more than 3,300 people shall monitor for residual disinfectant concentration at an entry point to the distribution system on a continuous basis.

(b)       Suppliers of systems serving fewer than 3,301 people shall monitor for residual disinfectant concentration at an entry point to the distribution system at a frequency set forth in table 1 of this rule, and, if more than 1 sample is required per day, suppliers shall collect samples at times evenly spaced throughout the operational day.

 

Table 1 Residual disinfectant concentration sampling frequencies

 

System size by population	Samples per day
500 or fewer people	1
501 to 1,000 people	2
1,001 to 2,500 people	3
2,501 to 3,300 people	4

 

(c)    Suppliers shall maintain a residual disinfectant concentration entering the distribution system of not less than 0.2 milligrams per liter. If the residual disinfectant concentration drops below this level at any time, then the supplier shall notify the department as soon as possible, but not later than the end of the next business day. In addition, the supplier of water shall notify the department by the end of the next business day whether or  not the residual disinfectant concentration was restored to not less than

0.2 milligrams per liter within 4 hours.

(4)When disinfection is required, a supplier shall measure disinfectant residual concentrations on the distribution system at the same points in the distribution system and at such time as samples are collected for coliform analysis. After December 31, 2003, this subrule no longer applies and systems  subject to this subrule rule shall comply with the disinfectant residual monitoring requirements under R 325.10719e(3).

 

R 325.10720a Filtration and disinfection; reporting and recordkeeping.

Rule 720a. (1) Suppliers required to monitor under R 325.10720 shall comply with reporting and recordkeeping requirements specified in R 325.11502 and shall report to the department the information required in this rule within 10 days after the end of each month the system serves water to the public, unless otherwise required.

(2)   Suppliers shall report turbidity measurements required under R 325.10611b and shall include all of the following information:

(a)    The total number of filtered water turbidity measurements taken during the month.

(b)    The number and percentage of filtered water turbidity measurements taken during the month that are less than or equal to the turbidity limits under R 325.10611b(1)(a)(ii), (b)(ii), or (c)(ii).

(c)    The date and value of any turbidity measurements taken during the month that exceed the applicable maximum turbidity value in R 325.10611b(1)(a)(i), (b)(i), or (c)(i).following levels:

(i) One ntu for systems serving 10,000 or more people and using conventional filtration, direct filtration,  or membrane filtration.

(ii) Five ntu in systems serving fewer than 10,000 people and using conventional filtration, direct filtration, or membrane filtration.

 

 

(iii) Five ntu in systems using diatomaceous earth filtration or slow sand filtration.

(iv) The maximum level set by the department under R 325.10611b(3) for systems using filtration technologies other than conventional filtration, direct filtration, membrane filtration, slow sand  filtration, or diatomaceous earth filtration.

(3)      Suppliers  shall  report  that  they  have  conducted  individual  filter  turbidity  monitoring  under R 325.10720(2)(c) and (d). Suppliers shall report individual turbidity measurements only if measurements demonstrate 1 or more of the conditions in subdivisions (a) to (d) of this subrule. Systems A Supply that uses lime softening may apply to the department for alternative turbidity exceedance levels  for the  levels  specified in  subdivisions (a) to (d) of  this subrule  if they it  can demonstrate that higher turbidity levels in individual filters are due to lime carryover only and not due to degraded filter performance. Individual filter monitoring reporting requirements are as follows:

(a)     For any individual filter, or combined filter effluent for systems that monitor combined filter effluent instead of individual filters, that has a measured turbidity level of more than 1.0 ntu in 2 consecutive measurements taken 15 minutes apart, the supplier shall report the filter number, the turbidity measurement, and the date or dates on which the exceedance occurred. In addition, the supplier shall either produce a filter profile for the filter within 7 days of the exceedance and report that the profile has been produced, or report the obvious reason cause for the exceedance, if known. A supplier of a system serving 10,000 or more people that cannot identify an obvious reason for the abnormal filter performance shall produce a filter profile within 7 days of the exceedance and report that the profile has been produced.

(b)     For any individual filter that has a measured turbidity level of more than 0.5 ntu in 2 consecutive measurements taken 15 minutes apart at the end of the first 4 hours of continuous filter operation after the filter has been backwashed or otherwise taken offline, the supplier of a system serving 10,000 or more people shall report the filter number, the turbidity measurement, and the date or dates on which the exceedance occurred. In addition, the supplier shall either produce a filter profile for the filter within 7 days of the exceedance and report that the profile has been produced, or report the obvious reason for the exceedance.

(c)     For any individual filter, or combined filter effluent for systems that monitor combined filter effluent instead of individual filters, that has a measured turbidity level of more than 1.0 ntu in 2 consecutive measurements taken 15 minutes apart at any time in each of 3 consecutive months, the supplier shall report the filter number, the turbidity measurement, and the date or dates on which the exceedance occurred. In addition, the supplier shall conduct a self assessment of the filter within 14 days of the exceedance, unless a comprehensive performance evaluation as specified in subdivision

(d) of this subrule was required. If a self assessment is required, then the supplier of a system serving 10,000 or more people shall complete it within 14 days after it was triggered and the supplier of a system serving fewer than 10,000 people shall complete it within 10 days of the following month, or 14 days if it was triggered during the last 4 days of the month. A supplier that monitors combined filter effluent instead of individual filters under R 325.10720(2)(e), shall conduct a self assessment on both filters. The supplier shall and report that the date the self assessment was conducted completed. The self assessment shall consist of at least all of the following components:

(i) Assessment of filter performance; development of a filter profile.

(ii) Development of a filter profile.

(iii) Identification and prioritization of factors limiting filter performance.

(iiiv) Assessment of the applicability of corrections.

 

 

(d) For any individual filter, or combined filter effluent for systems that monitor combined filter effluent instead of individual filters, that has a measured turbidity level of more than 2.0 ntu in 2 consecutive measurements taken 15 minutes apart at any time in each of 2 consecutive months, the supplier shall report the filter number, the turbidity measurement, and the date or dates on which the exceedance occurred. In addition, the supplier shall arrange for the conduct of a comprehensive performance evaluation by the department or a third party approved by the department no later than 30 days following the exceedance and have the evaluation completed and submitted to the department not later than 90 days following the exceedance. A new comprehensive performance evaluation is not required if 1 has been completed by the department, or a third party approved by the department, within the 12 previous months or if the system and the department are jointly participating in an ongoing comprehensive technical assistance project at the system. Either of the following provisions apply:

(i)     For a system serving 10,000 or more people, the comprehensive performance evaluation shall be arranged to be conducted not later than 30 days after the day the filter exceeded 2.0 ntu in 2 consecutive measurements for the second straight month. The evaluation shall be completed and submitted to the department not later than 90 days after the day it was triggered.

(ii)     For a system serving fewer than 10,000 people, suppliers shall report that a comprehensive performance evaluation is required and the date the filter exceeded 2.0 ntu in 2 consecutive measurements for the second straight month. The comprehensive performance evaluation shall be arranged to be conducted not later than 60 days after the day the filter exceeded 2.0 ntu in 2 consecutive measurements for the second straight month. The evaluation shall be completed and submitted to the department not later than 120 days after the day it was triggered.

(4)   The supplier shall consult with the department as soon as practical, but not later than 24 hours after the exceedance is known, if the turbidity level of representative samples of filtered water at any time exceeds the levels in R 325.10611b(1)(a)(i), (b)(i), or (c)(i).any of the following levels:

(a) One ntu in a system serving 10,000 or more people and using conventional filtration, direct filtration,  or membrane filtration.

(b) Five ntu in a system serving fewer than 10,000 people and using conventional filtration, direct filtration, or membrane filtration.

(c) Five ntu in a system using diatomaceous earth filtration or slow sand filtration.

(d)The maximum level set by the department under R 325.10611b(3) for a system using a filtration technology other than conventional filtration, direct filtration, membrane filtration, slow sand filtration,  or diatomaceous earth filtration.

(5)    A supplier that is required to conduct disinfection profiling and benchmarking shall report both of the following:

(a)   Results of optional monitoring performed that show TTHM and HAA5 levels below 0.064 mg/l and 0.048 mg/l, respectively.

(b)   If a supplier is considering a significant change to its disinfection practice, then the supplier shall report a description of the proposed change in disinfection, the system's disinfection profile for Giardia lamblia, and, if necessary, viruses, and disinfection benchmark, and an analysis of how the proposed change will affect the current levels of disinfection.

 

R 325.10722 Collection and analysis of samples for natural radionuclides. Filtration and disinfection; disinfection profiling and benchmarking.

Rule 722. (1) Suppliers of water of type I public water supplies shall collect samples of water and have analyses performed for natural radionuclides to determine compliance with the state drinking water standards.

 

 

(2) Suppliers of water of type I public water supplies shall initiate sampling to determine compliance with R 325.10603 of part 6 of these rules before June 24, 1979, and the analyses shall be completed before June 24, 1980. Compliance shall be based on the analysis of an annual composite of 4  consecutive quarterly samples or the average of the analyses of 4 samples obtained at quarterly intervals.  (3) A gross alpha particle activity measurement may be substituted for the required radium 226 and radium 228 analyses provided that the measured gross alpha particle activity does not exceed 5 pCi/l at a confidence level of 95%.

(4) In localities where radium 228 may be present in drinking water, the department may require radium  226 or radium 228 analyses, or both, when the gross alpha particle activity exceeds 2 pCi/l.

(5) When the gross alpha particle activity exceeds 5 pCi/l, the same or an equivalent sample shall be analyzed for radium 226. If the concentration of radium 226 exceeds 3 pCi/l, the same, or an equivalent sample, shall be analyzed for radium 228. A subpart H system making a significant change to its disinfection practice, as described in subrule (4)(a)(i) to (iv) of this rule shall consult with the department before making the change.

(2)    A subpart H community or nontransient noncommunity system serving fewer than 10,000 people shall develop a disinfection profile of weekly log inactivations over 52 weeks and report to the department under R 325.10720a(5). A system whose TTHM and HAA5 levels are below profiling trigger levels of 0.064 mg/l and 0.048 mg/l, respectively, are not required to develop a disinfection profile. To determine these levels, TTHM and HAA5 samples shall be collected after January 1, 1998, during the month with the warmest water temperature, and at a point of maximum resident time in the distribution system.

(3)   All of the following provisions apply to disinfection profiling:

(a)   To determine the total log inactivation, systems shall monitor during peak hourly flow, once per week on the same calendar day, over 12 consecutive months, all of the following parameters:

(i)    Temperature of the disinfected water at each residual disinfected concentration sampling point.

(ii)     If chlorine is used, the pH of the disinfected water at each residual disinfected concentration sampling point.

(iii)    Disinfectant contact time or times ("T").

(iv)     Residual disinfectant concentration or concentrations ("C") of the water before or at the first customer and before each additional point of disinfection.

(b)    Use the tables in 40 CFR 141.74(b)(3)(v) to determine the appropriate CT99.9 value. The tables in 40 CFR 141.74(b)(3)(v) are adopted by reference and available from the superintendent of documents at the address in R 325.10116(b) for a cost of $61.00 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). Calculate the total inactivation ratio as follows, and then multiply the value by 3.0 to determine log activation of Giardia lamblia:

(i)     If the system uses only 1 point of disinfectant application, then the system shall determine either of the following:

(A)  One inactivation ratio (CTcalc/CT99.9) before or at the first customer during peak hourly flow.

(B)   Successive CTcalc/CT99.9 values, representing sequential inactivation ratios, between the point of disinfectant application and a point before or at the first customer during peak hourly flow. Under this alternative, the system shall calculate the total inactivation ratio by determining (CTcalc/CT99.9) for each sequence and then adding the (CTcalc/CT99.9) values together to determine ∑(CTcalc/CT99.9).

(ii)    If the system uses more than 1 point of disinfectant application before the first customer, then the system shall determine the (CTcalc/CT99.9) value of each disinfection segment immediately before the next point of disinfectant application, or for the final segment, before or at the first

 

 

customer, during peak hourly flow using the procedure specified in paragraph (i)(B) of this subdivision.

(c)   If the system uses chloramines, ozone, or chlorine dioxide for primary disinfection, then the system shall calculate the logs of inactivation for viruses and develop an additional disinfection profile for viruses. Use the tables of CT values for 4-log inactivation of viruses in Appendix B of the LT1ESWTR Disinfection Profiling and Benchmarking Technical Guidance Manual, May 2003, to determine the appropriate CT99.99 value. The tables in the previous sentence are adopted by reference and available from Educational REALMS (document C-900) at 1929 Kenny Road, Columbus, Ohio 43210-1080, Internet address www.stemworks.org, telephone number 800- 276-0462, for a cost of $32.50 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). Calculate the total inactivation ratio in the following manner, and then multiply the value by 4.0 to determine log activation of viruses:

(i)     If the system uses only 1 point of disinfectant application, then the system shall determine either of the following:

(A)    One inactivation ratio (CTcalc/CT99.99) before or at the first customer during peak hourly flow.

(B)  Successive CTcalc/CT99.99 values, representing sequential inactivation ratios, between the point of disinfectant application and a point before or at the first customer during peak hourly flow. Under this alternative, the system shall calculate the total inactivation ratio by determining (CTcalc/CT99.99) for each sequence and then adding the (CTcalc/CT99.99) values together to determine ∑(CTcalc/CT99.99).

(ii)    If the system uses more than 1 point of disinfectant application before the first customer, then the system shall determine the (CTcalc/CT99.99) value of each disinfection segment immediately before the next point of disinfectant application, or for the final segment, before or at the first customer, during peak hourly flow using the procedure specified in paragraph (i)(B) of this subdivision.

(d)   The disinfection profile of the 52 measurements of log inactivations shall be represented in a graphic form, such as a spreadsheet and shall be retained and be available for review by the department as part of a sanitary survey. The data  shall be used to create the disinfection benchmark under subrule (4) of this rule.

(4)   A subpart H system that is required to develop a disinfection profile under subrule (2) of this rule shall develop a disinfection benchmark if the system makes a significant change to the disinfection practice.  The system shall consult with the department for approval before implementing a significant disinfection practice change. An approved significant change in disinfection practices shall not jeopardize current levels of disinfection. All of the following provisions apply to disinfection benchmarking:

(a)  Significant changes to disinfection practice include all of the following:

(i)    Changes to the point of disinfection.

(ii)    Changes to the disinfectant or disinfectants used in the treatment plant.

(iii)    Changes to the disinfection process.

(iv)    Any other modification identified by the department that affects disinfection practices.

(b)   If the system is considering a significant change to its disinfection practice, it shall calculate a disinfection benchmark or benchmarks as described in subdivisions (c) and (d) of this subrule and provide the benchmark or benchmarks to the department. The system may only make a significant disinfection practice change after consulting with the department for approval.  The

 

 

system shall submit all of the following information to the department as part of the consultation and approval process:

(i)    A description of the proposed change.

(ii)      The disinfection profile for Giardia lamblia, and, if necessary, viruses, and disinfection benchmark.

(iii)    An analysis of how the proposed change will affect the current levels of disinfection.

(iv)      Any additional information requested by the department to demonstrate the results or benefits, or both, of the change to the disinfection practice.

(c)   If the system is making a significant change to its disinfection practice, then it shall calculate a disinfection benchmark using the following procedure:

(i)     Step 1: Using the data collected to develop the disinfection profile under subrule (2) of this rule, the system shall determine the average Giardia lamblia inactivation for each calendar month by dividing the sum of all Giardia lamblia inactivations for that month by the number of values calculated for that month.

(ii)     Step 2: The system shall determine the lowest monthly average value out of the 12 values. This value becomes the disinfection benchmark.

(d)   If the system uses chloramines, ozone or chlorine dioxide for primary disinfection, then it shall calculate the disinfection benchmark from the data collected for viruses to develop the disinfection profile under subrule (2) of this rule in addition to the Giardia lamblia disinfection benchmark calculated under subdivision (c) of this subrule. This viral benchmark shall be calculated in the same manner used to calculate the Giardia lamblia disinfection benchmark in subdivision (c) of this subrule.

 

R 325.10725 Radiological monitoring; additional requirements. Radionuclides; applicability; monitoring generally; reporting.

Rule 725. (1) After the initial analysis required by R 325.10722, suppliers of water of type I public water supplies shall monitor for radiological contaminants at least once every 4 years following the procedures prescribed by R 325.10722. When an annual record taken pursuant to the procedures in R  325.10722 has established that the average annual concentration is less than half the MCL, an analysis  of a single sample may be substituted for the quarterly sampling procedure at the discretion of the department.

(2)The department may require more frequent monitoring by suppliers of water in the vicinity of  operations which may contribute alpha particle radioactivity to either surface or groundwater sources of  drinking water, or in the event of possible contamination or when changes in the distribution system or  treatment processing occur which may increase the concentration of radioactivity in finished water. Annual monitoring may be required by the department of any public water supply in which the radium  226 concentration exceeds 3 pCi/l.

(3)A supplier of water of a type I public water supply which is new or which is introducing a new,  completely different source shall monitor in conformance with R 325.10722 within 1 year of the introduction of the water source.

(4)A supplier of water of a type I public water supply using 2 or more sources of drinking water having different concentrations of radioactivity shall monitor source water in addition to water from a free flowing tap when determined necessary by the department to protect the public health.

(5)Monitoring for compliance with state drinking water standards after the initial period need not include radium 228 unless determined necessary by the department, provided that the average annual concentration of radium 228 has been assayed at least once using the quarterly sampling procedure required  by  subrule  (1).  A  community  water  supply,  also  known  as  "supply"  in  this  rule,

 

 

R 325.10726, R 325.10728, R 325.10729, and R 325.10730, shall monitor to determine compliance with R 325.10603 and report to the department under these rules.

(2)    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 in Title 40 CFR §141.25(c), which is adopted by reference in R 325.10605.

(3)    The department may require more frequent monitoring than specified in this rule, or may require confirmation samples, in the event of possible contamination.

(4)   Each public water supply shall monitor at a time designated by the department during each compliance period.

(5)    If the MCL for radioactivity in R 325.10603 is exceeded, then the community water supply shall notify the department under R 325.10734.

 

R 325.10726 Collection and analysis of samples for man made radionuclides. Radionuclides; initial monitoring for gross alpha particle activity, radium-226, radium-228, and uranium.

Rule 726.  (1) Suppliers of water of type I public water supplies using surface water sources and serving more than 100,000 persons and such other type I public water supplies as may be designated by the department shall collect samples of water and have analyses performed for man made radionuclides to determine compliance with the state drinking water standards.

(2) Suppliers of water of type I public water supplies utilizing surface water sources and serving more than 100,000 persons and such other type I public water supplies as may be designated by the department shall initiate sampling for beta particle and photon radioactivity from man made radionuclides before June 24, 1979, and the analyses shall be completed before June 24, 1980.  Compliance shall be based on the analysis of a composite of 4 consecutive quarterly samples or an average of the analysis of 4 quarterly samples. Compliance may be assumed without further analysis if the average annual concentration of beta activity is less than 50 pCi/l and if the average annual concentrations of tritium and strontium 90 are less than those listed in table 6.1, provided that if both radionuclides are present, the sum of their annual dose equivalents to bone marrow shall not exceed 4  millirem per year.

(3) If the gross beta particle activity exceeds 50 pCi/l, an analysis of the sample shall be required to identify the major radioactive constituents present and the appropriate organ and total body doses shall be calculated to determine compliance with the state drinking water standards.

(4) Suppliers of water utilizing only groundwater sources may be required to monitor for man made radioactivity as may be deemed necessary by the department. A community water supply shall conduct initial monitoring for gross alpha particle activity, radium-226, radium-228, and uranium to determine compliance with R 325.10603(2)(a), (b), and(d).

(2)     An existing supply shall sample at every entry point to the distribution system that is representative of all sources of water being used, known as "sampling point," under normal operating conditions. The supply shall take each sample at the same sampling point unless conditions make another sampling point more representative of each source.

(3)   A new community water supply or a community water supply that uses 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. A community water supply shall conduct more frequent monitoring when ordered by the department if possible contamination or if changes in the distribution system or treatment processes occur which may increase the concentration of radioactivity in finished water.

(4)     A supply shall conduct initial monitoring for gross alpha particle activity, radium-226, radium-228, and uranium in the following manner:

 

 

(a)      A supply shall collect 4 consecutive quarterly samples at all sampling points before December 31, 2007. A supply that has results of samples collected from a sampling point during the compliance period that began between June 1, 2000 and December 8, 2003, may use those results to satisfy the initial monitoring requirements for that sampling point.

(b)     For gross alpha particle activity, uranium,  radium-226, and  radium-228  monitoring,  the department may waive the final 2 quarters of initial monitoring for a sampling point if the results of the samples from the previous 2 quarters are below the detection limit.

(c)   If the average of the initial monitoring results for a sampling point is above the MCL, then the supply shall collect and analyze quarterly samples at that sampling point until the supply has results from 4 consecutive quarters that are at or below the MCL, unless the supply enters into another schedule as part of a formal compliance agreement with the department.

 

R 325.10728 Acceptability of other data for man made radionuclides. Radionuclides; reduced monitoring for gross alpha particle activity, radium-226, radium-228, and uranium.

Rule 728. The department may allow the substitution of environmental surveillance data taken in the vicinity of a nuclear facility for analyses required by R 325.10726 where the department determines that data is applicable to a particular type I public water supply. (1) The department may allow community water supplies to reduce the future frequency of monitoring from once every 3 years to once every 6 or 9 years at each sampling point, based on the criteria in the following table:

 

Table 1 Radionuclides reduced monitoring criteria

For gross alpha particle activity, uranium, and combined radium 226 radium-228, if the average of the initial monitoring results for each contaminant at a sampling point is...	Then the supply shall collect and analyze for that contaminant using at least one sample at that sampling point every ...
(a) Below the detection limit1	9 years
(b) At or above the detection limit, but at or below half the MCL2	6 years
(c) Above half the MCL, but at or below the MCL2	3 years
1   For combined radium-226 and 228, both contaminants shall be below the detection limit. 2    For combined radium-226 and radium-228, the analytical results for radium-226 and 228 shall be combined.

 

(2)   A supply shall use the samples collected during the reduced monitoring period to determine the monitoring frequency for subsequent monitoring periods. For example, if a supply's sampling point is on a 9-year monitoring period, and the sample result is above half the MCL, then the next monitoring period for that sampling point is 3 years.

(3)   If a supply has a monitoring result that exceeds the MCL while on reduced monitoring, then the supply shall collect and analyze quarterly samples at that sampling point until the supply has results from 4 consecutive quarters that are at or below the MCL, unless the supply enters into another schedule as part of a formal compliance agreement with the department.

 

R 325.10729 Additional monitoring requirements for man made radioactivity. Radionuclides; compositing; substituting gross alpha for radium-226 or uranium.

 

 

Rule 729. (1) After the initial analysis, suppliers of water shall monitor at least every 4 years following the procedures prescribed by R 325.10726.

(2) Prior to June 24, 1979, suppliers of water of any type I public water supply designated by the state as using waters contaminated by effluents from nuclear facilities shall initiate quarterly monitoring for gross beta particle and iodine 131 radioactivity and annual monitoring for strontium 90 and tritium.

(3) Quarterly monitoring for gross beta particle activity shall be based on the analysis of monthly samples or the analysis of the composite of 3 monthly samples. If the gross beta particle activity in a sample exceeds 15 pCi/l, the same or an equivalent sample shall be analyzed for strontium 89 and cesium 134. If the gross beta particle activity exceeds 50 pCi/l, an analysis of the sample shall be required to identify the major radioactive constituents present and the appropriate organ and total body doses shall be calculated to determine compliance with the state drinking water standards.

(4) For iodine 131, a composite of 5 consecutive daily samples shall be analyzed once each quarter. As  ordered by the department, more frequent monitoring shall be conducted by a supplier of water when  iodine 131 is identified in the finished water.

(5) Annual monitoring for strontium 90 and tritium shall be conducted by means of an analysis of a composite of 4 consecutive quarterly samples or the average of the analysis of 4 quarterly samples. To fulfill quarterly monitoring requirements for gross alpha particle activity, radium-226, radium-228, or uranium, a supply may composite up to 4 consecutive quarterly samples from a single entry point if analysis is done within 1 year of the first sample. The department considers analytical results from the composited sample as the average analytical result to determine compliance with the MCLs and the future monitoring frequency. If the analytical result from the composited sample is more than half the MCL, then the department may direct the supply to take additional quarterly samples before allowing the supply to sample under a reduced monitoring schedule.

(2) A gross alpha particle activity measurement may be substituted for the required radium-226 measurement if 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 if the measured gross alpha particle activity does not exceed 15 pCi/l. The gross alpha measurement shall have a confidence interval of 95% (1.65σ, where σ is the standard deviation of the net counting rate of the sample) for radium-226 and uranium. If a supply uses a gross alpha particle activity measurement instead of a radium-226 or uranium measurement, or both, then the gross alpha particle activity analytical result shall be used to determine the future monitoring frequency for radium-226 or uranium, or both. If the gross alpha particle activity result is less than detection, then half the detection limit shall be used to determine compliance and the future monitoring frequency.

 

R 325.10730 Radioactivity; reporting requirements Radionuclides; monitoring requirements for beta particle and photon radioactivity; applicability.

Rule 730. (1) If the average annual MCL for gross alpha particle activity or total radium as set forth in part 6 is exceeded, the supplier of water shall notify the division within 48 hours and shall notify the public pursuant to part 4 of these rules. Monitoring at quarterly intervals shall be continued until the annual average concentration no longer exceeds the state drinking water standard.

(2) If the average annual MCL for man made radioactivity as prescribed in part 6 is exceeded, the supplier of water shall notify the division within 48 hours and shall provide notice to the public pursuant to part 4 of these rules. Monitoring at monthly intervals shall be continued until the concentration no  longer exceeds the state drinking water standard. To determine compliance with the maximum contaminant levels in R 325.10603(2)(c) for beta particle and photon radioactivity, a community

 

 

water supply designated by the department as either vulnerable or utilizing water contaminated by effluents from nuclear facilities, shall sample for beta particle and photon radioactivity. The department's designation shall be based on monitoring data, environmental surveillance data collected in the vicinity of nuclear facilities, or source water assessments.

(2)   Beginning within 1 quarter after being notified of the department's designation and continuing until the department reviews and either reaffirms or removes the designation, a supply shall collect samples at each entry point to the distribution system, known as sampling point, under both of the following provisions:

(a)   For a vulnerable supply, quarterly samples for beta emitters and annual samples for tritium and strontium-90.

(b)    For a supply utilizing waters contaminated by effluents from nuclear facilities, quarterly samples for beta emitters and iodine-131 and annual samples for tritium and strontium-90. A supply shall monitor and analyze the samples under all of the following provisions:

(i)    Quarterly monitoring for gross beta particle activity shall be based on the analysis of monthly samples or the analysis of a composite of 3 monthly samples.

(ii)    For iodine-131, a composite of 5 consecutive daily samples shall be analyzed once each quarter. As ordered by the department, more frequent monitoring shall be conducted when iodine-131 is identified in the finished water.

(iii)     Annual monitoring for strontium-90 and tritium shall be conducted by means of the analysis of a composite of 4 consecutive quarterly samples or analysis of 4 quarterly samples.

(3)   All of the following provisions apply for gross beta particle activity:

(a)    A supply may analyze for naturally occurring potassium-40 beta particle activity from the same or equivalent sample used for the gross beta particle activity analysis and subtract the potassium-40 beta particle activity value from the total gross beta particle activity value. The potassium-40 beta particle activity shall be calculated by multiplying elemental potassium concentrations (in mg/L) by a factor of 0.82.

(b)    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 a screening level of 50 pCi/L for a vulnerable supply or 15 pCi/L for a supply utilizing waters contaminated by effluents from nuclear facilities, then the department may reduce the frequency of monitoring at that sampling point to once every 3 years. During the reduced monitoring period, a supply shall collect all samples required in subrule (2)(a) of this rule for a vulnerable supply or subrule (2)(b) of this rule for a supply utilizing water contaminated by effluents from nuclear facilities.

(c)    If the gross beta particle activity minus the naturally occurring potassium-40 beta particle activity exceeds the screening level in subdivision (b) of this subrule, 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 R 325.10603(2)(c)(i), using the formula in R 325.10603(2)(c)(ii). Doses shall also be calculated and combined for measured levels of tritium and strontium to determine compliance.

(4)    For a supply in the vicinity of a nuclear facility, the community water supply may utilize environmental surveillance data collected by the nuclear facility instead of monitoring at the supply's entry point or points, where the department determines that the data is applicable to a particular water supply. If there is a release from a nuclear facility, then a supply which uses surveillance data shall begin monitoring at the community water supply's entry point or points under subrule (2)(a) or (b) of this rule.

 

 

(5)    A community water supply designated by the department to monitor for beta particle and photon radioactivity shall not apply to the department for a waiver from the monitoring frequencies specified in subrule (2)(a) or (b) of this rule.

(6)    A supply shall monitor monthly at the sampling point or points that exceed the maximum contaminant level in R 325.10603(2)(c) beginning the month after the exceedance occurs. The supply shall continue monthly monitoring until the supply has established, by the average of results from any 3 consecutive months, that the MCL is being met. A supply that establishes that the MCL is being met shall return to quarterly monitoring until it meets the requirements set forth in subrule (3)(b) of this rule.