Current through Rules and Regulations filed through November 22, 2024
Rule 391-3-5-.55 - Revised Total Coliform Rule(1)General.(a)General. The provisions of this Rule include both maximum contaminant level and treatment technique requirements.(b)Applicability. The provisions of this Rule apply to all public water systems.(c)Compliance date. Systems must comply with the provisions of this Rule beginning April 1, 2016, unless otherwise specified in this Rule.(d)Violations of national primary drinking water regulations. Failure to comply with the applicable requirements of this Rule, including requirements established by the Division pursuant to these provisions, is a violation of the national primary drinking water regulations.(2)Analytical Methods and Laboratory Certification(a)Analytical Methodology. 1. The standard sample volume required for analysis, regardless of analytical method used, is 100 ml.2. Systems need only determine the presence or absence of total coliforms and E. coli; a determination of density is not required.3. The time from sample collection to initiation of test medium incubation may not exceed 30 hours. Systems are encouraged but not required to hold samples below 10 deg. C during transit.4. If water having residual chlorine (measured as free, combined, or total chlorine) is to be analyzed, sufficient sodium thiosulfate (Na2S2O3) must be added to the sample bottle before sterilization to neutralize any residual chlorine in the water sample. Dechlorination procedures are addressed in Section 9060A.2 of Standard Methods for the Examination of Water and Wastewater (20th and 21st editions).5. Systems must conduct total coliform and E. coli analyses in accordance with one of the analytical methods in 40 CFR § 141.852(a)(5) or one of the alternative methods listed in Appendix A to Subpart C of 40 CFR Part 141.(b)Laboratory certification. Systems must have all compliance samples required under this Rule analyzed by a laboratory certified by the Division or by EPA to analyze drinking water samples. The laboratory used by the system must be certified for each method (and associated contaminant(s)) used for compliance monitoring analyses under this Rule.(c)Incorporation by reference. The standards required in paragraph (2) of this Rule are incorporated by reference under 40 CFR § 141.852(c).(3)General Monitoring Requirements for all Public Water Systems(a) Sample Site Plans.1. Systems must develop a written sample siting plan that identifies sampling sites and a sample collection schedule that are representative of water throughout the distribution system not later than March 31, 2016. These plans are subject to Division review and revision. Systems must collect total coliform samples according to the written sample siting plan. Monitoring required by paragraphs (4) through (8) of this Rule may take place at a customer's premise, dedicated sampling station, or other designated compliance sampling location. Routine and repeat sample sites and any sampling points necessary to meet the requirements of Rule 391-3-5-.54 must be reflected in the sampling plan.2. Systems must collect samples at regular time intervals throughout the month, except that systems that use only groundwater and serve 4,900 or fewer people may collect all required samples on a single day if they are taken from different sites.3. Systems must take at least the minimum number of required samples even if the system has had an E. coli MCL violation or has exceeded the coliform treatment technique triggers in paragraph (9)(a).4. A system may conduct more compliance monitoring than is required by this Rule to investigate potential problems in the distribution system and use monitoring as a tool to assist in uncovering problems. A system may take more than the minimum number of required routine samples and must include the results in calculating whether the coliform treatment technique trigger in paragraphs (9)(a)1.(i) and (ii) has been exceeded only if the samples are taken in accordance with the existing sample siting plan and are representative of water throughout the distribution system.5. Systems must identify repeat monitoring locations in the sample siting plan. Unless the provisions of paragraph (3)(a)5.(i) are met, the system must collect at least one repeat sample from the sampling tap where the original total coliform-positive sample was taken, and at least one repeat sample at a tap within five service connections upstream and at least one repeat sample at a tap within five service connections downstream of the original sampling site. If a total coliform-positive sample is at the end of the distribution system, or one service connection away from the end of the distribution system, the system must still take all required repeat samples. However, the Division may allow an alternative sampling location in lieu of the requirement to collect at least one repeat sample upstream or downstream of the original sampling site. Systems required to conduct triggered source water monitoring under 391-3-5-.54(3)(a) must take ground water source sample(s) in addition to repeat samples required under this Rule.(i) Systems may propose repeat monitoring locations to the Division that the system believes to be representative of a pathway for contamination of the distribution system. A system may elect to specify either alternative fixed locations or criteria for selecting repeat sampling sites on a situational basis in a standard operating procedure (SOP) in its sample siting plan. The system must design its SOP to focus the repeat samples at locations that best verify and determine the extent of potential contamination of the distribution system area based on specific situations. The Division may modify the SOP or require alternative monitoring locations as needed.6. The Division may review, revise, and approve, as appropriate, repeat sampling proposed by systems under paragraph (3)(a)5.(i). The system must demonstrate that the sample siting plan remains representative of the water quality in the distribution system. The Division may determine that monitoring at the entry point to the distribution system (especially for undisinfected ground water systems) is effective to differentiate between potential source water and distribution system problems.(b)Special purpose samples. Special purpose samples, such as those taken to determine whether disinfection practices are sufficient following pipe placement, replacement, or repair, must not be used to determine whether the coliform treatment technique trigger has been exceeded. Repeat samples taken pursuant to paragraph (8) are not considered special purpose samples, and must be used to determine whether the coliform treatment technique trigger has been exceeded.(c)Invalidation of total coliform samples. A total coliform-positive sample invalidated under this paragraph does not count toward meeting the minimum monitoring requirements of this Rule. 1. The Division may invalidate a total coliform-positive sample only if any of the following conditions are met: (i) The laboratory establishes that improper sample analysis caused the total coliform-positive result.(ii) The Division, on the basis of the results of repeat samples collected as required under paragraph (8)(a), determines that the total coliform-positive sample resulted from a domestic or other non-distribution system plumbing problem. The Division cannot invalidate a sample on the basis of repeat sample results unless all repeat sample(s) collected at the same tap as the original total coliform-positive sample are also total coliform-positive, and all repeat samples collected at a location other than the original tap are total coliform-negative (e.g., the Division cannot invalidate a total coliform-positive sample on the basis of repeat samples if all the repeat samples are total coliform-negative, or if the system has only one service connection).(iii) The Division has substantial grounds to believe that a total coliform-positive result is due to a circumstance or condition that does not reflect water quality in the distribution system. In this case, the system must still collect all repeat samples required under paragraph (8)(a), and use them to determine whether a coliform treatment technique trigger in paragraph (9) has been exceeded. To invalidate a total coliform-positive sample under this paragraph, the decision and supporting rationale must be documented in writing, and approved and signed by the supervisor of the Division official who recommended the decision. The Division must make this document available to EPA and the public. The written documentation must state the specific cause of the total coliform-positive sample, and what action the system has taken, or will take, to correct this problem. The Division may not invalidate a total coliform-positive sample solely on the grounds that all repeat samples are total coliform-negative.2. A laboratory must invalidate a total coliform sample (unless total coliforms are detected) if the sample produces a turbid culture in the absence of gas production using an analytical method where gas formation is examined (e.g., the Multiple-Tube Fermentation Technique), produces a turbid culture in the absence of an acid reaction in the Presence-Absence (P-A) Coliform Test, or exhibits confluent growth or produces colonies too numerous to count with an analytical method using a membrane filter (e.g., Membrane Filter Technique). If a laboratory invalidates a sample because of such interference, the system must collect another sample from the same location as the original sample within 24 hours of being notified of the interference problem, and have it analyzed for the presence of total coliforms. The system must continue to re-sample within 24 hours and have the samples analyzed until it obtains a valid result. The Division may waive the 24-hour time limit on a case-by-case basis. Alternatively, the Division may implement criteria for waiving the 24-hour sampling time limit to use in lieu of case-by-case extensions.(4)Routine Monitoring Requirements for Non-Community Water Systems Serving 1,000 or Fewer People Using Only Ground Water(a)General. 1. The provisions of this paragraph (4) apply to non-community water systems using only ground water (except ground water under the direct influence of surface water, as defined in Rule 391-3-5-.02(64)) and serving 1,000 or fewer people.2. Following any total coliform-positive sample taken under the provisions of paragraph (4), systems must comply with the repeat monitoring requirements and E. coli analytical requirements in paragraph (8).3. Once all monitoring required by paragraphs (4) and (8) for a calendar month has been completed, systems must determine whether any coliform treatment technique triggers specified in paragraph (9) have been exceeded. If any trigger has been exceeded, systems must complete assessments as required by paragraph (9).4. For the purpose of determining eligibility for remaining on or qualifying for quarterly monitoring under the provisions of paragraphs (4)(d)4. and (4)(e)2., respectively, for transient non-community water systems, the Division may elect to not count monitoring violations under paragraph (10)(c)1. if the missed sample is collected no later than the end of the monitoring period following the monitoring period in which the sample was missed. The system must collect the make-up sample in a different week than the routine sample for that monitoring period and should collect the sample as soon as possible during the monitoring period. This authority does not affect the provisions of paragraphs (10)(c)1. and (11)(a)4.(b)Monitoring frequency for total coliforms. Systems must monitor each calendar quarter that the system provides water to the public, except for seasonal systems or as provided under paragraphs (4)(c) through (4)(e) and (4)(g). Seasonal systems must meet the monitoring requirements of paragraph (4)(f).(c)Transition to Rule 391-3-5-.55.1. Systems, excluding seasonal systems, must continue to monitor according to the total coliform monitoring schedules under Rule 391-3-5-.23 that were in effect on March 31, 2016, unless any of the conditions for increased monitoring in paragraph (4)(d) are triggered on or after April 1, 2016, or unless otherwise directed by the Division. Seasonal Systems must comply with paragraph (4)(f) as of April 1, 2016.2. Beginning April 1, 2016, the Division must perform a special monitoring evaluation during each sanitary survey to review the status of the system, including the distribution system, to determine whether the system is on an appropriate monitoring schedule. After the Division has performed the special monitoring evaluation during each sanitary survey, the Division may modify the system's monitoring schedule, as necessary, or it may allow the system to stay on its existing monitoring schedule, consistent with the provisions of paragraph (4). The Division may not allow systems to begin less frequent monitoring under the special monitoring evaluation unless the system has already met the applicable criteria for less frequent monitoring in paragraph (4).(d)Increased monitoring requirements for systems on quarterly monitoring. A system on quarterly monitoring that experiences any of the events identified in paragraphs (4)(d)1. through (4)(d)4. must begin monthly monitoring the month following the event. The system must continue monthly monitoring until the requirements in paragraph (4)(e) for quarterly monitoring are met. A system on monthly monitoring for reasons other than those identified in paragraphs (4)(d)1. through (4)(d)4. is not considered to be on increased monitoring for the purposes of paragraph (4)(e). 1. The system triggers a Level 2 assessment or two Level 1 assessments under the provisions of paragraph (9) in a rolling 12-month period.2. The system has an E. coli MCL violation.3. The system has a coliform treatment technique violation.4. The system has two monitoring violations under Rule 391-3-5-.55 or one monitoring violation under Rule 391-3-5-.55 and one Level 1 assessment under the provisions of paragraph (9) in a rolling 12-month period.(e)Requirements for returning to quarterly monitoring. The Division may reduce the monitoring frequency for a system on monthly monitoring triggered under paragraph (4)(d) to quarterly monitoring if the system meets the following criteria: 1. Within the last 12 months, the system must have a completed sanitary survey or a site visit by the Division or a voluntary Level 2 assessment by a party approved by the Division, be free of sanitary defects, and have a protected water source; and2. The system must have a clean compliance history for a minimum of 12 months.(f)Seasonal systems. 1. Beginning April 1, 2016, all seasonal systems must demonstrate completion of a Division-approved start-up procedure, which includes a requirement for startup sampling prior to serving water to the public.2. A seasonal system must monitor every month that it is in operation.3. The Division may exempt any seasonal system from some or all of the requirements for seasonal systems if the entire distribution system remains pressurized during the entire period that the system is not operating.(g)Additional routine monitoring the month following a total coliform-positive sample. Systems collecting samples on a quarterly frequency must conduct additional routine monitoring the month following one or more total coliform-positive samples (with or without a Level 1 treatment technique trigger). Systems must collect at least three routine samples during the next month, except that the Division may waive this requirement if the conditions of paragraph (4)(g)1., 2., or 3. are met. Systems may either collect samples at regular time intervals throughout the month or may collect all required routine samples on a single day if samples are taken from different sites. Systems must use the results of additional routine samples in coliform treatment technique trigger calculations under paragraph (9)(a). 1. The Division may waive the requirement to collect three routine samples the next month in which the system provides water to the public if the Division, or an agent approved by the Division, performs a site visit before the end of the next month in which the system provides water to the public. Although a sanitary survey need not be performed, the site visit must be sufficiently detailed to allow the Division to determine whether additional monitoring and/or any corrective action is needed. The Division cannot approve an employee of the system to perform this site visit, even if the employee is an agent approved by the Division to perform sanitary surveys.2. The Division may waive the requirement to collect three routine samples the next month in which the system provides water to the public if the Division has determined why the sample was total coliform-positive and has established that the system has corrected the problem or will correct the problem before the end of the next month in which the system serves water to the public. In this case, the Division must document this decision to waive the following month's additional monitoring requirement in writing, have it approved and signed by the supervisor of the Division official who recommends such a decision, and make this document available to the EPA and public. The written documentation must describe the specific cause of the total coliform-positive sample and what action the system has taken and/or will take to correct this problem.3. The Division may not waive the requirement to collect three additional routine samples the next month in which the system provides water to the public solely on the grounds that all repeat samples are total coliform-negative. If the Division determines that the system has corrected the contamination problem before the system takes the set of repeat samples required in paragraph (8), and all repeat samples were total coliform-negative, the Division may waive the requirement for additional routine monitoring the next month.(5)Routine Monitoring Requirements for Community Water Systems Serving 1,000 or Fewer People Using Only Ground Water.(a)General. 1. The provisions of paragraph (5) apply to community water systems using only ground water (except ground water under the direct influence of surface water, as defined in 391-3-5-.02(64)) and serving 1,000 or fewer people.2. Following any total coliform-positive sample taken under the provisions of paragraph (5), systems must comply with the repeat monitoring requirements and E. coli analytical requirements in paragraph (8).3. Once all monitoring required by paragraphs (5) and (8) for a calendar month has been completed, systems must determine whether any coliform treatment technique triggers specified in paragraph (9) have been exceeded. If any trigger has been exceeded, systems must complete assessments as required by paragraph (9).(b)Monitoring frequency for total coliforms. The monitoring frequency for total coliforms is one sample/month, except as provided below: 1. All systems must continue to monitor according to the total coliform monitoring schedules under Rule 391-3-5-.23 that were in effect on March 31, 2016, unless otherwise directed by the Division.2. Beginning April 1, 2016, the Division must perform a special monitoring evaluation during each sanitary survey to review the status of the system, including the distribution system, to determine whether the system is on an appropriate monitoring schedule. After the Division has performed the special monitoring evaluation during each sanitary survey, the Division may modify the system's monitoring schedule, as necessary, or it may allow the system to stay on its existing monitoring schedule, consistent with the provisions of paragraph (5).(6)Routine Monitoring Requirements for 40 CFR Part 141 Subpart H Public Water Systems Serving 1,000 or Fewer People.(a)General. 1. The provisions of paragraph (6) apply to 40 CFR Part 141 Subpart H public water systems serving 1,000 or fewer people.2. Following any total coliform-positive sample taken under the provisions of paragraph (6), systems must comply with the repeat monitoring requirements and E. coli analytical requirements in paragraph (8).3. Once all monitoring required by paragraphs (6) and (8) for a calendar month has been completed, systems must determine whether any coliform treatment technique triggers specified in paragraph (9) have been exceeded. If any trigger has been exceeded, systems must complete assessments as required by paragraph (9).4. Seasonal systems. (i) Beginning April 1, 2016, all seasonal systems must demonstrate completion of a Division-approved start-up procedure, which may include a requirement for start-up sampling prior to serving water to the public.(ii) The Division may exempt any seasonal system from some or all of the requirements for seasonal systems if the entire distribution system remains pressurized during the entire period that the system is not operating.(b)Routine monitoring frequency for total coliforms. 40 CFR Part 141 Subpart H systems (including consecutive systems) must monitor monthly. Systems may not reduce monitoring.(7) Routine Monitoring Requirements for Public Water Systems Serving More than 1,000 People.(a)General. 1. The provisions of paragraph (7) apply to public water systems serving more than 1,000 persons.2. Following any total coliform-positive sample taken under the provisions of paragraph (7), systems must comply with the repeat monitoring requirements and E. coli analytical requirements in paragraph (8).3. Once all monitoring required by paragraphs (7) and (8) for a calendar month has been completed, systems must determine whether any coliform treatment technique triggers specified in paragraph (9) have been exceeded. If any trigger has been exceeded, systems must complete assessments as required by paragraph (9).4. Seasonal systems. (i) Beginning April 1, 2016, all seasonal systems must demonstrate completion of a Division-approved start-up procedure, which may include a requirement for start-up sampling prior to serving water to the public.(ii) The Division may exempt any seasonal system from some or all of the requirements for seasonal systems if the entire distribution system remains pressurized during the entire period that the system is not operating.(b)Monitoring frequency for total coliforms. The monitoring frequency for total coliforms is based on the population served by the system, as follows: Total Coliform Monitoring Frequency for Public Water Systems Serving More Than 1,000 People
Population Served | Minimum number of samples per month |
1,001 to 2,500 | 2 |
2,501 to 3,300 | 3 |
3,301 to 4,100 | 4 |
4,101 to 4,900 | 5 |
4,901 to 5,800 | 6 |
5,801 to 6,700 | 7 |
6,701 to 7,600 | 8 |
7,601 to 8,500 | 9 |
8,501 to 12,900 | 10 |
12,901 to 17,200 | 15 |
17,201 to 21,500 | 20 |
21,501 to 25,000 | 25 |
25,001 to 33,000 | 30 |
33,001 to 41,000 | 40 |
41,001 to 50,000 | 50 |
50,001 to 59,000 | 60 |
59,001 to 70,000 | 70 |
70,001 to 83,000 | 80 |
83,001 to 96,000 | 90 |
96,001 to 130,000 | 100 |
130,001 to 220,000 | 120 |
220,001 to 320,000 | 150 |
320,001 to 450,000 | 180 |
450,001 to 600,000 | 210 |
600,001 to 780,000 | 240 |
780,001 to 970,000 | 270 |
970,001 to 1,230,000 | 300 |
1,230,001 to 1,520,000 | 330 |
1,520,001 to 1,850,000 | 360 |
1,850,001 to 2,270,000 | 390 |
2,270,001 to 3,020,000 | 420 |
3,020,001 to 3,960,000 | 450 |
3,960,001 or more | 480 |
(8)Repeat Monitoring and E. Coli Requirements.(a)Repeat Monitoring.1. If a sample taken under paragraphs (4) through (7) of this Rule is total coliform-positive, the system must collect a set of repeat samples within 24 hours of being notified of the positive result. The system must collect no fewer than three repeat samples for each total coliform-positive sample found. The Division may extend the 24-hour limit on a case-by-case basis if the system has a logistical problem in collecting the repeat samples within 24 hours that is beyond its control. Alternatively, the Division may implement criteria for the system to use in lieu of case-by-case extensions. In the case of an extension, the Division must specify how much time the system has to collect the repeat samples. The Division cannot waive the requirement for a system to collect repeat samples in paragraphs (8)(a)1. through (8)(a)3.2. The system must collect all repeat samples on the same day, except that the Division may allow a system with a single service connection to collect the required set of repeat samples over a three-day period or to collect a larger volume repeat sample(s) in one or more sample containers of any size, as long as the total volume collected is at least 300 ml.3. The system must collect an additional set of repeat samples in the manner specified in paragraphs (8)(a)1. through (8)(a)3. if one or more repeat samples in the current set of repeat samples is total coliform-positive. The system must collect the additional set of repeat samples within 24 hours of being notified of the positive result, unless the Division extends the limit as provided in paragraph (8)(a)1. The system must continue to collect additional sets of repeat samples until either total coliforms are not detected in one complete set of repeat samples or the system determines that a coliform treatment technique trigger specified in paragraph (9)(a) has been exceeded as a result of a repeat sample being total coliform-positive and notifies the Division. If a trigger identified in paragraph (9) is exceeded as a result of a routine sample being total coliform-positive, systems are required to conduct only one round of repeat monitoring for each total coliform-positive routine sample.4. After a system collects a routine sample and before it learns the results of the analysis of that sample, if it collects another routine sample(s) from within five adjacent service connections of the initial sample, and the initial sample, after analysis, is found to contain total coliforms, then the system may count the subsequent sample(s) as a repeat sample instead of as a routine sample.5. Results of all routine and repeat samples taken under paragraphs (4) through (8) of this Rule not invalidated by the Division must be used to determine whether a coliform treatment technique trigger specified in paragraph (9) has been exceeded.(b)Escherichia coli (E. coli) testing. 1. If any routine or repeat sample is total coliform-positive, the system must analyze that total coliform-positive culture medium to determine if E. coli are present. If E. coli are present, the system must notify the Division by the end of the day when the system is notified of the test result, unless the system is notified of the result after the Division office is closed and the Division does not have either an after-hours phone line or an alternative notification procedure, in which case the system must notify the Division before the end of the next business day.2. The Division has the discretion to allow a system, on a case-by-case basis, to forgo E. coli testing on a total coliform-positive sample if that system assumes that the total coliform-positive sample is E. coli-positive. Accordingly, the system must notify the Division as specified in paragraph (8)(b)1. and the provisions of Rule 391-3-5-.18(4)(c) apply.(9)Coliform Treatment Technique Triggers and Assessment Requirements for Protection Against Potential Fecal Contamination.(a)Treatment technique triggers. Systems must conduct assessments in accordance with paragraph (9)(b) after exceeding treatment technique triggers in paragraphs (9)(a)1. and (9)(a)2.1. Level 1 treatment technique triggers.(i) For systems taking 40 or more samples per month, the system exceeds 5.0% total coliform-positive samples for the month.(ii) For systems taking fewer than 40 samples per month, the system has two or more total coliform-positive samples in the same month.(iii) The system fails to take every required repeat sample after any single total coliform-positive sample.2. Level 2 treatment technique triggers.(i) An E. coli MCL violation, as specified in paragraph (10)(a).(ii) A second Level 1 trigger as defined in paragraph (9)(a)1., within a rolling 12-month period, unless the Division has determined a likely reason that the samples that caused the first Level 1 treatment technique trigger were total coliform-positive and has established that the system has corrected the problem.(b)Requirements for assessments.1. Systems must ensure that Level 1 and 2 assessments are conducted in order to identify the possible presence of sanitary defects and defects in distribution system coliform monitoring practices. Level 2 assessments must be conducted by parties approved by the Division.2. When conducting assessments, systems must ensure that the assessor evaluates minimum elements that include review and identification of inadequacies in sample sites; sampling protocol; sample processing; atypical events that could affect distributed water quality or indicate that distributed water quality was impaired; changes in distribution system maintenance and operation that could affect distributed water quality (including water storage); source and treatment considerations that bear on distributed water quality, where appropriate (e.g., small ground water systems); and existing water quality monitoring data. The system must conduct the assessment consistent with any Division directives that tailor specific assessment elements with respect to the size and type of the system and the size, type, and characteristics of the distribution system.3. Level 1 assessments. A system must conduct a Level 1 assessment consistent with Division requirements if the system exceeds one of the treatment technique triggers in paragraph (9)(a)1. (i) The system must complete a Level 1 assessment as soon as practical after any trigger in paragraph (9)(a)1. In the completed assessment form, the system must describe sanitary defects detected, corrective actions completed, and a proposed timetable for any corrective actions not already completed. The assessment form may also note that no sanitary defects were identified. The system must submit the completed Level 1 assessment form to the Division within 30 days after the system learns that it has exceeded a trigger.(ii) If the Division reviews the completed Level 1 assessment and determines that the assessment is not sufficient (including any proposed timetable for any corrective actions not already completed), the Division must consult with the system. If the Division requires revisions after consultation, the system must submit a revised assessment form to the Division on an agreed-upon schedule not to exceed 30 days from the date of the consultation.(iii) Upon completion and submission of the assessment form by the system, the Division must determine if the system has identified a likely cause for the Level 1 trigger and, if so, establish that the system has corrected the problem, or has included a schedule acceptable to the Division for correcting the problem.4. Level 2 assessments. A system must ensure that a Level 2 assessment consistent with Division requirements is conducted if the system exceeds one of the treatment technique triggers in paragraph (9)(a)2. The system must comply with any expedited actions or additional actions required by the Division in the case of an E. coli MCL violation. (i) The system must ensure that a Level 2 assessment is completed by the Division or by a party approved by the Division as soon as practical after any trigger in paragraph (9)(a)2. The system must submit a completed Level 2 assessment form to the Division within 30 days after the system learns that it has exceeded a trigger. The assessment form must describe sanitary defects detected, corrective actions completed, and a proposed timetable for any corrective actions not already completed. The assessment form may also note that no sanitary defects were identified.(ii) The system may conduct Level 2 assessments if the system has staff or management with the certification or qualifications specified by the Division unless otherwise directed by the Division.(iii) If the Division reviews the completed Level 2 assessment and determines that the assessment is not sufficient (including any proposed timetable for any corrective actions not already completed), the Division must consult with the system. If the Division requires revisions after consultation, the system must submit a revised assessment form to the Division on an agreed-upon schedule not to exceed 30 days.(iv) Upon completion and submission of the assessment form by the system, the Division must determine if the system has identified a likely cause for the Level 2 trigger and determine whether the system has corrected the problem, or has included a schedule acceptable to the Division for correcting the problem.(c)Corrective action. Systems must correct sanitary defects found through either Level 1 or 2 assessments conducted under paragraph (9)(b). For corrections not completed by the time of submission of the assessment form, the system must complete the corrective action(s) in compliance with a timetable approved by the Division in consultation with the system. The system must notify the Division when each scheduled corrective action is completed.(d)Consultation. At any time during the assessment or corrective action phase, either the water system or the Division may request a consultation with the other party to determine the appropriate actions to be taken. The system may consult with the Division on all relevant information that may impact on its ability to comply with a requirement of this Rule, including the method of accomplishment, an appropriate timeframe, and other relevant information.(10)Violations.(a)E. coli MCL Violation. A system is in violation of the MCL for E. coli when any of the following conditions occur: 1. The system has an E. coli-positive repeat sample following a total coliform-positive routine sample.2. The system has a total coliform-positive repeat sample following an E. coli-positive routine sample.3. The system fails to take all required repeat samples following an E. coli-positive routine sample.4. The system fails to test for E. coli when any repeat sample tests positive for total coliform.(b)Treatment technique violation. 1. A treatment technique violation occurs when a system exceeds a treatment technique trigger specified in paragraph (9)(a) and then fails to conduct the required assessment or corrective actions within the timeframe specified in paragraphs (9)(b) and (9)(c).2. A treatment technique violation occurs when a seasonal system fails to complete a Division-approved start-up procedure prior to serving water to the public.(c)Monitoring violations. 1. Failure to take every required routine or additional routine sample in a compliance period is a monitoring violation.2. Failure to analyze for E. coli following a total coliform-positive routine sample is a monitoring violation.(d)Reporting violations. 1. Failure to submit a monitoring report or completed assessment form after a system properly conducts monitoring or assessment in a timely manner is a reporting violation.2. Failure to notify the Division following an E. coli-positive sample as required by paragraph (8)(b)1. in a timely manner is a reporting violation.3. Failure to submit certification of completion of Division-approved start-up procedure by a seasonal system is a reporting violation.(11)Reporting and Recordkeeping.(a)Reporting. 1.E. coli. (i) A system must notify the Division by the end of the day when the system learns of an E. coli MCL violation, unless the system learns of the violation after the Division office is closed and the Division does not have either an after-hours phone line or an alternative notification procedure, in which case the system must notify the Division before the end of the next business day, and notify the public in accordance with Rule 391-3-5-.32.(ii) A system must notify the Division by the end of the day when the system is notified of an E. coli-positive routine sample, unless the system is notified of the result after the Division office is closed and the Division does not have either an after-hours phone line or an alternative notification procedure, in which case the system must notify the Division before the end of the next business day.2. A system that has violated the treatment technique for coliforms in paragraph (9) must report the violation to the Division no later than the end of the next business day after it learns of the violation, and notify the public in accordance with Rule 391-3-5-.32.3. A system required to conduct an assessment under the provisions of paragraph (9) must submit the assessment report within 30 days. The system must notify the Division in accordance with paragraph (9)(c) when each scheduled corrective action is completed for corrections not completed by the time of submission of the assessment form.4. A system that has failed to comply with a coliform monitoring requirement must report the monitoring violation to the Division within 10 days after the system discovers the violation, and notify the public in accordance with Rule 391-3-5-.32.5. A seasonal system must certify, prior to serving water to the public, that it has complied with the Division-approved start-up procedure.(b)Recordkeeping. 1. The system must maintain any assessment form, regardless of who conducts the assessment, and documentation of corrective actions completed as a result of those assessments, or other available summary documentation of the sanitary defects and corrective actions taken under paragraph (9) for Division review. This record must be maintained by the system for a period not less than five years after completion of the assessment or corrective action.2. The system must maintain a record of any repeat sample taken that meets Division criteria for an extension of the 24-hour period for collecting repeat samples as provided for under paragraph (8)(a)1.Ga. Comp. R. & Regs. R. 391-3-5-.55
O.C.G.A. § 12-5-170 et seq.
Original Rule entitled "Revised Total Coliform Rule" adopted. F. Feb. 29, 2016; eff. Mar. 20, 2016.Amended: F. Apr. 22, 2021; eff. May 12, 2021.