16 Del. Admin. Code § 4462-1.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 4462-1.0 - General Provisions

1.1 Application. These regulations shall apply to all public water systems in the State of Delaware.

1.2 Variance. Variances will not be issued under these regulations.

1.3 Exemption. Exemptions will not be issued under these regulations.

1.4-1.5 Missing section numbers are reserved.

1.6 Right of Entry: The Director of the Division or their designee shall have the right of entry, during reasonable hours and in a reasonable manner and without fee or hindrance, for the purpose of conducting a sanitary survey and/or sampling of any public water supply and all water furnished by any public water supplier, whether or not the Division has evidence that the system is in violation of an applicable legal requirement.

1.7 Prohibiting Water Usage: The Division may prohibit the use of sources of water which after treatment do not provide water conforming to the standards established by these regulations or which for any reason may pose a threat to the public's health.

1.8 Separability: If any provision of these regulations is held invalid, such invalidity shall not affect other provisions which can be given effect without the invalid provision.

1.9 Enforcement of Regulations:

1.9.1 All PWSs must be operated in compliance with the requirements as set forth in these regulations.

1.9.1.1 Notice: Whenever the Director of the Division, or their appointed representative, has reason to believe that a violation of any of these regulations has occurred or is occurring; the Division shall notify the alleged violator. Such notice shall be in writing, may be sent by Certified Mail, or hand delivered, shall cite the regulation or regulations that are allegedly being violated, and shall state the facts which form the basis for believing that the violation has occurred or is occurring.

1.9.1.2 Orders: Notice of a violation may be accompanied by an order that requires that certain corrective action be taken. The order shall be signed by the Director or their designee or any of their appointed representatives and may require:

1.9.1.2.1 The immediate cessation or correction of the violation.

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

1.9.1.2.3 The submission of a plan to prevent future violations to the Division for review and approval.

1.9.1.2.4 Any other corrective action deemed necessary for proper compliance with the regulations including interim remedies pending correction of violations.

1.9.1.3 Hearing Request: Any supplier of water who receives an order from the Division may submit a request for a hearing to the Secretary, Delaware Health and Social Services to contest the order.

1.9.1.4 Compliance with Effective Orders: Should any public water supplier fail to comply with any of these regulations, the Secretary, Delaware Health and Social Services may apply to an appropriate court for an injunction or other legal process to prevent or stop any practice which is in violation of these regulations.

1.9.1.5 Penalties: The Secretary, Delaware Health and Social Services shall have the authority to impose an administrative penalty upon any public water system that refuses, fails or neglects to perform the duties required of it pursuant to Title 16, Chapter 1, § 122(3)c. The administrative penalty shall be as follows:

1.9.5.1.1 For systems serving a population of more than 10,000 people, not less than $1,000 nor more than $10,000 per day per violation; and

1.9.5.1.2 For any other system, the administrative penalty shall be not less than $100 or more than $10,000 per day per violation.

1.10 Emergency Orders: The Director of the Division or their appointed representative may issue emergency orders in any case where there is an imminent danger to the health of the public resulting from the operation of any waterworks or the source of a water supply. An emergency order may be communicated by the best practical notice under the circumstances and is effective immediately upon receipt. The order may state any requirements necessary to remove the danger to the health of the public, including the immediate cessation of the operation of the PWS. Emergency orders shall be effective for a period not exceeding sixty (60) days at the determination of the Director of the Division or their representative. Should any public water supplier fail to comply with an emergency order, the Secretary, Delaware Health and Social Services may apply to an appropriate court for an injunction or other legal process to prevent or stop any practice which is in violation of these regulations.

1.11 Plans and Specifications:

1.11.1 No person shall construct a new PWS or alter an existing PWS without a Certificate of Approval for Construction.

1.11.1.1 Systems shall submit two (2) copies of plans and specifications. Plans shall be developed using Construction Plans and Specifications Submittal and Review Guidelines (copies are available from the Office of Drinking Water), utilizing the latest edition of Ten States Standards, National Sanitation Foundation (NSF) Standards, American Water Works Association (AWWA) Standards, or approved equivalent and other technical information as required by the Division.

1.11.1.2 Construction shall be in accordance with the approved plans and all conditions listed in the Certificate of Approval to Construct.

1.11.1.3 Whenever it is discovered that either of the above are occurring without such approval, the Director of the Division may order the owner, supplier of water or contractor to immediately stop the work and submit plans and specifications to the Division. After the submittal, any part of the system that has already been installed and is not in compliance shall be removed, altered or replaced in order to achieve compliance.

1.11.1.4 Plans and specifications shall be on paper no larger than 30" x 42". Within thirty (30) days of receipt of plans and specifications, the Division shall notify the person who submitted the plans and specifications if they have been approved or disapproved. Such notice shall specify any conditions of approval or any reasons for disapproval. Approvals are valid for one (1) year and construction shall begin within that time. All construction shall be in accordance with the approved plans and all conditions listed in the Certificate of Approval.

1.11.2 Effective October 1, 1999, all new community and non-transient non-community systems must comply with subsection 1.11.1, and, in addition, submit an Application for Capacity Development review. The application is available from the Office of Drinking Water.

1.12 Approval of Water Supplies:

1.12.1 No person shall operate a newly constructed public water system or renovated portion of an existing water system without a Certificate of Approval to Operate. A Certificate of Approval to Operate shall be issued by the Division to water systems which meet the following requirements:

1.12.1.1 Compliance with rules and regulations to prevent development of health hazards;

1.12.1.2 Adequate protection of the water quality throughout all parts of the system, as demonstrated by sanitary surveys;

1.12.1.3 Proper operation of the water supply system under the responsible charge of personnel whose qualifications meet the certification requirements of the Division;

1.12.1.4 Adequate capacity to meet anticipated peak demands while maintaining not less than twenty-five (25) pounds per square inch (psi) and not more than one hundred (100) psi at ground level at all points in the water distribution system and;

1.12.1.5 Records of laboratory examinations showing compliance with the water quality requirements of these regulations.

1.12.1.5.1 Submission of as-built plans per the Construction Plans and Specifications Submittal and Review Guidelines, copies available from the Office of Drinking Water.

1.12.2 Effective October 1, 1999, in addition to the requirements in subsection 1.12.1, approval of new community and non-transient non-community water systems shall be dependent upon the following:

1.12.2.1 A certification by a professional engineer that the system was built in accordance with approved plans and specifications and all conditions of the Certificate of Approval to Construct; and

1.12.2.2 Managerial and financial information as required by the Division to demonstrate compliance with Capacity as defined in Section 2.0. This information may include, but not be limited to; annual reports, water system plans or business plans, self-assessments/peer reviews, criteria used by lenders, financial viability assessment methods, financial and managerial training.

1.12.2.3 Failure to comply with subsections 1.12.2.1 and 1.12.2.2 shall result in the Division denying the application for a Certificate of Approval to Operate. A new water system shall not commence operations without a Certificate of Approval to Operate.

1.13 Siting Requirements:

1.13.1 Before any person may enter into a financial commitment for or initiate construction of a new PWS or increase the capacity of an existing PWS, the person shall notify the Division and, to the extent practicable, avoid locating part or all of the new or expanded facility at a site which:

1.13.1.1 Is subject to a significant risk from earthquakes, floods, fires or other disasters which could cause a breakdown of the PWS or a portion thereof or;

1.13.1.2 Except for intake structures, is within the floodplain of a one hundred (100) year flood or is lower than any recorded high tide where appropriate records exist.

1.14 Approved Laboratory:

1.14.1 For the purpose of determining compliance with subsection 1.12.1.5 and Sections 7.0, 8.0, 9.0, 10.0, 13.0, 15.0, 16.0, 17.0, 18.0, and 21.0 samples may be considered only if they have been analyzed by the Division, EPA, or an approved laboratory, except that measurements for alkalinity, calcium, conductivity, disinfectant residual, orthophosphate, silica, turbidity, free chlorine residual, temperature and pH may be performed by any person acceptable to the Division.

1.14.2 Laboratory Certification Process: Continuation of laboratory certification for conducting drinking water analyses is contingent upon successful, on-going compliance with the most recent edition of the "Manual for the Certification of Laboratories Analyzing Drinking Water." Copies are available from the Office of Drinking Water.

1.14.3 Annual laboratory proficiency testing:

1.14.3.1 In order to demonstrate proficiency a laboratory shall successfully analyze a proficiency test (PT) from an approved provider annually using the same analytical method that is used to report compliance-monitoring results. In order to receive and maintain certification for an analyte, the laboratory shall successfully analyze PT samples using EPA-approved methods in accordance with 40 CFR 41 (copies are available from the Office of Drinking Water) for each analyte (microbiological and/or chemical) and by each method used to analyze compliance samples.

1.14.3.2 In order to receive annual certification, laboratories located in Delaware, shall complete a PT in the first quarter of the calendar year. Failure to complete the PT within the first quarter will result in the laboratory status being downgraded to "provisional". If a laboratory fails to get an acceptable result on a PT then they shall complete a make-up PT for those analytes that were unacceptable in the original PT within 60 days of the notification by the Division. Failure to successfully complete the make-up PT will result in the laboratories status being downgraded to "not certified."

1.14.3.3 In order for the Division to accept compliance results from laboratories located outside of Delaware, the laboratory must comply with the requirements of their home state. In addition, they must submit copies of their home state certification, copies of the last two PTs and a copy of their Quality Assurance program prior to or at the time that compliance samples are submitted to the Division.

1.14.3.4 Annual certified analyte lists for in-state laboratories will be issued on July 1 of each year and expire on June 30 of the following year.

1.14.4 Reporting by laboratories: Laboratories that analyze compliance samples for public water systems in Delaware must report the results to the public water system in a timely manner and if a MCL or Action Level (AL) exceedance occurs then the Office of Drinking Water must be notified in accordance with the following:

1.14.4.1 Microbiological samples: If the original sample or one or more repeat samples are positive for fecal coliforms or E. coli, the laboratory must report the results by the end of the business day, or if it is after business hours, then by then end of the next business day.

1.14.4.2 Chemical samples: If a sample exceeds an MCL or AL as specified in these regulations the laboratory must report the results by the end of the business day, or if it is after business hours, then by the end of the next business day.

1.14.5 Notification of major changes: Certified laboratories must notify the Division, in writing, within 30 days of major changes in personnel that impact who is conducting the analysis, new equipment, new methods being used, or laboratory re-location.

1.14.6 Chain of Custody: Chain of custody forms must accompany all samples. If an intermediate location is utilized during transportation to the laboratory then the sample(s) must be stored in a locked refrigerator or sealed with a tamper-evident label.

1.15 Quality. Drinking water shall not contain impurities in concentrations which may be hazardous to the health of the consumers. Substances used in its treatment shall not remain in the water in concentrations greater than required by good practice. Substances which may have deleterious physiological effects, or for which physiological effects are not known, shall not be introduced into the system in a manner which would permit them to reach the consumer. For the purpose of these regulations interim health-based standards shall be set by the Division on a case-by-case basis at a level between 10-4 to 10-6 risk level for those contaminants that are potential carcinogens and a Hazard Quotient of 1 to 10 for non-cancer health effects based on the best available science at the time. These standards shall be enforceable. For the purpose of these regulations Hazard Quotient shall mean expressions applied to modeled human health risk values associated with exposures to systemic, non-cancer causing contaminants.

1.16 Required Sampling, Monitoring or Analyses:

1.16.1 In any case where the Division does not perform sampling, monitoring or analyses required by these regulations, the supplier of water shall be responsible for performing this sampling, monitoring or analyses.

1.16.2 Monitoring of consecutive public water systems: When a public water system supplies water to one or more other public water systems, the Division may modify the monitoring requirements imposed by these regulations to the extent that the interconnection of the systems justifies treating them as a single system for monitoring purposes. Any modified monitoring shall be conducted pursuant to a schedule specified by the Division and concurred with by the Administrator of the US Environmental Protection Agency.

1.17 Use of Bottled Water. Public water systems shall not use bottled water to achieve compliance with an MCL. Bottled water may be used on a temporary basis to avoid unreasonable risk to health.

1.18 Regulatory Classification:

1.18.1 All public water systems shall:

1.18.1.1 Meet all bacteriological requirements;

1.18.1.2 Meet the nitrate and nitrite requirements; and

1.18.1.3 Conform to provisions of Section 7.0.

1.18.2 All community and non-transient non-community public water systems as defined in Section 2.0 shall:

1.18.2.1 Meet all the requirements of subsection 1.18.1;

1.18.2.2 Meet all other Primary Standards; and

1.18.2.3 Meet all requirements of Sections 10.0, 11.0, 12.0, 13.0, 14.0, 15.0, 16.0 (community water systems only), 17.0, 18.0, 19.0, 20.0 and 21.0.

1.18.3 All community public water systems as defined in Section 2.0 and that serve more than 500 service connections within the state shall:

1.18.3.1 Meet all requirements of subsection 1.18.1;

1.18.3.2 Meet all requirements of subsection 1.18.2; and

1.18.3.3 Meet all other primary and secondary standards.

1.19 Disinfection

1.19.1 When it is specifically required by these regulations, or when it is deemed to be required to ensure compliance with Section 3.0 or where it is demonstrated through bacteriological testing that there is a need for disinfection, continuous disinfection shall be provided. The disinfection shall be chlorine, unless a substitute is approved prior to installation. Plans and specifications for the disinfection system shall be approved in accordance with subsection 1.11. When the disinfection is instituted, it shall be operated such that a free chlorine residual of at least 0.3 mg/L is maintained throughout the water distribution system. The supplier of water shall keep accurate records of the amount of chlorine used and shall have an approved test kit for measuring both free and total chlorine residuals. The supplier of water shall be required to conduct chlorine residual testing at least daily unless a lesser frequency is approved in writing by the Division, and shall report these results to the Division on a monthly basis in accordance with subsection 4.1.1. If a substitute disinfectant is approved, the operational and monitoring requirements shall be specified by the Division.

1.19.2 Public water systems must measure residual disinfectant concentrations with one of the analytical methods in the following table. Except for the method for ozone residuals, the disinfectant residual methods are contained in the 18th, 19th, and 20th editions of Standard Methods for the Examination of Water and Wastewater, 1992, 1995, and 1998 respectively; the cited methods published in any of these three editions may be used. The ozone method, 45400-O3 B, is contained in both the 18th and 19th editions of Standard Methods for the Examination of Water and Wastewater, 1992, 1995 respectively; either edition may be used. If approved by the Division, residual concentrations for free chlorine and combined chlorine also may be measured by using DPD colorimetric test kits. Free and total chlorine residuals may be measured continuously by adapting a specified chlorine residual method for use with a continuous monitoring instrument provided the chemistry, accuracy, and precision remain the same. Instruments used for continuous monitoring must be calibrated with a grab sample measurement at least every five days, or with a protocol approved by the Division.

Residual	Methodology	Methods
Free Chlorine	Amperometric Titration	4500-Cl D
	DPD Ferrous Titrimetric	4500-Cl F
	DPD Colorimetric	4500-Cl G
	Syringaldazine (FACTS)	4500-Cl H
Total Chlorine	Amperometric Titration	4500-Cl D
	Amperometric Titration (low level measurement)	4500-Cl E
	DPD Ferrous Titrimetric	4500-Cl F
	DPD Colorimetric	4500-Cl G
	Iodometric	4500-Cl I
Chlorine Dioxide	Amperometric Titration	4500-ClO2 C
	DPD Method	4500-ClO2 D
	Amperometric Titration	4500-ClO2 E
Ozone	Indigo Method	4500-O3 B

1.19.3 Maximum Residual Disinfection Levels (MRDLs):

1.19.3.1 Maximum residual disinfection levels are as follows:

Disinfectant residual	MRDL (mg/L)
Chlorine	4.0 (as Cl2)
Chloramines	4.0 (as Cl2)
Chlorine Dioxide	0.8 (as ClO2)

1.19.3.3 The Administrator, U.S. Environmental Protection Agency, pursuant to section 1412 of the Safe Drinking Water Act, hereby identifies the following as the best technology, treatment techniques, or other means available for achieving compliance with the maximum residual disinfectant levels identified in subsection 1.19.3.1: control of treatment processes to reduce disinfectant demand; and control of disinfection treatment processes to reduce disinfectant levels.

1.20 Compliance dates:

1.20.1 CWSs and NTNCWSs. Surface water or ground water under the direct influence of surface water systems serving 10,000 or more persons must comply with Section 21.0 beginning December 16, 2001. Surface water or ground water under the direct influence of surface water systems serving fewer than 10,000 persons and systems using only ground water not under the direct influence of surface water must comply with Section 20.0 beginning December 16, 2003.

1.20.2 Transient NCWSs. Surface water or ground water under the direct influence of surface water systems serving 10,000 or more persons and using chlorine dioxide as a disinfectant or oxidant must comply with the chlorine dioxide MRDL beginning December 16, 2001. Surface water or ground water under the direct influence of surface water systems serving fewer than 10,000 persons and using chlorine dioxide as a disinfectant or oxidant and systems using only ground water not under the direct influence of surface water and using chlorine dioxide as a disinfectant or oxidant must comply with the chlorine dioxide MRDL beginning December 16, 2003.

16 Del. Admin. Code § 4462-1.0

20 DE Reg. 555(1/1/2017)
20 DE Reg. 808(4/1/2017)
24 DE Reg. 794(2/1/2021)
24 DE Reg. 904( 4/1/2021) (Errata)