16 Del. Admin. Code § 4462-3.0

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

Section 4462-3.0 - Source and Protection

3.1 Water Source Desirability. Drinking water shall be obtained from the most desirable source which is feasible, and efforts must be made to prevent or control pollution of the source. If the source fails to meet the bacteriological standards of Section 7.0 and is not already disinfecting pursuant to subsection 1.19.1, it may be required to do so in order to meet the bacteriological standards.

3.2 Sanitary Surveys: Sanitary surveys shall be made by the Division in order to locate and identify health hazards which might exist in the water supply system. The manner and frequency of making these surveys, and the rate at which discovered health hazards are to be removed, shall be in accordance with a program approved by the Division.

3.2.1 Water systems must correct any major sanitary defects noted during a sanitary survey as soon as possible but no later than 120 days after being notified by the Division. If the corrections will take longer than 120 days to complete then a corrective action plan with a timetable must be submitted to the Office of Drinking Water.

3.2.2 Public water systems which do not collect five or more routine samples per month must undergo an initial sanitary survey by June 29, 1994, for community water systems and June 29, 1999, for non-community water systems. Thereafter, systems must undergo another sanitary survey every three years, except that non-community water systems using only protected ground water, as defined by the Division, must undergo subsequent sanitary surveys at least every five years after the initial sanitary survey. The Division must review the results of each sanitary survey to determine whether the existing monitoring frequency is adequate and what additional measures, if any, the system needs to undertake to improve drinking water quality.

3.2.3 In conducting a sanitary survey of a system using ground water in a State having an EPA-approved wellhead protection program under section 1428 of the Safe Drinking Water Act, information on sources of contamination within the delineated wellhead protection area that was collected in the course of developing and implementing the program should be considered instead of collecting new information, if the information was collected since the last time the system was subject to a sanitary survey.

3.2.4 Sanitary surveys must be performed by the Division or an agent approved by the Division. The system is responsible for ensuring the survey takes place.

3.2.5 Sanitary surveys conducted by the Division under provisions of subsection 8.2 may be used to meet the sanitary survey requirements of this section.

3.3 Protection of Water. Water delivered to every consumer by any public water supplier shall be so protected by natural means, by proper constructions or by treatment so as to consistently equal or exceed the requirements herein established.

3.4 Monitoring Water Quality. Quality of water delivered by any public water supplier shall be continuously and/or periodically monitored in accordance with requirements herein established or in accordance with such monitoring plan of equal or greater effect as may be proposed by a public water supplier for its own use, subject to Division approval.

3.5 Responsibility. For the purpose of application of these regulations, the supplier of water shall be responsible for the water quality at the user's free flowing outlet except for turbidity, inorganic compounds, radionuclides, SOCs, and VOCs, which are measured at a representative entry point(s) to the water distribution system.

3.6 Certified Operator. A water supply system shall be operated under the direct responsible charge of an individual whose qualifications meet the certification requirements of 16 DE Admin. Code 4463 Licensing and Registration of Operators of Public Water Supply Systems.

3.7 Approved Sampler/Tester:

3.7.1 An approved sampler/tester is approved for collecting water samples for laboratory analysis and on-site water quality testing. The approved sampler/tester is not a fully licensed operator and must work under the direction of a licensed operator. The approved sampler/tester must attend an approved course and pass a test approved by the Division. Individuals collecting samples under the tap water monitoring provisions of the lead/copper rule are exempted from this requirement.

3.7.2 Approved sampler/tester certification shall be valid for three years. An individual must attend a class approved by the Division and pass a test in order to receive certification. Attendance at an approved class and passing the test is required for renewal of the certification.

16 Del. Admin. Code § 4462-3.0

24 DE Reg. 794(2/1/2021)
24 DE Reg. 904( 4/1/2021) (Errata)