N.D. Admin. Code 33.1-17-01-14

Current through Supplement No. 394, October, 2024

Section 33.1-17-01-14 - Reporting and recordkeeping requirements

1.Reporting requirements for systems. Except when a shorter reporting period is specified, the system shall report to the department the result of any test, measurement, or analysis required within the first ten days following the month in which the results are received or the first ten days following the end of the required monitoring period as stipulated by the department, whichever of these is shorter.

The system shall notify the department within forty-eight hours of the failure to comply with any primary drinking water regulations including failure to comply with monitoring requirements, except that failure to comply with the maximum contaminant levels for total coliform bacteria must be reported to the department no later than the end of the next business day after the system learns of the violation.

Community water systems required to comply with title 40 Code of Federal Regulations part 141, subpart G shall report the results of all analyses to the department within thirty days of the system's receipt of the results. Subpart H systems shall comply with the reporting requirements for filtration and disinfection treatment set forth under title 40 Code of Federal Regulations part 141, subparts H, P, T, and W. Community and nontransient noncommunity water systems shall comply with the reporting requirements for lead and copper set forth under title 40 Code of Federal Regulations part 141, subpart I. Community, nontransient noncommunity, and transient noncommunity water systems using chlorine dioxide shall comply with the applicable reporting requirements for disinfectants, disinfection byproducts, and disinfection byproduct precursors set forth under title 40 Code of Federal Regulations part 141, subparts L, U, and V.Community, nontransient noncommunity, and transient noncommunity water systems shall comply with the applicable reporting requirements for total coliform bacteria set forth under title 40 Code of Federal Regulations part 141, subpart Y.

The system is not required to report analytical results to the department in cases when the department performed the analysis.

Within ten days of completing the public notification requirements set forth under title 40 Code of Federal Regulations part 141, subpart Q for the initial public notice and any repeat notices, public water systems must submit to the department a certification that the system has fully complied with the public notification regulations. The public water system must include with this certification a representative copy of each type of notice distributed, published, posted, and made available to persons served by the system and to the media.

The system shall submit to the department, within the time stated in the request, copies of any records required to be maintained by the department or copies of any documents then in existence which the department is entitled to inspect under the provisions of state law.

2.Reporting requirements for the department. The department shall comply with the applicable reporting requirements set forth under title 40 Code of Federal Regulations part 142.15.

3.Recordkeeping requirements for systems. Subpart H systems shall comply with the recordkeeping requirements for filtration and disinfection treatment set forth under title 40 Code of Federal Regulations part 141, subparts H, P, T, and W. Community and nontransient noncommunity water systems shall comply with the recordkeeping requirements for lead and copper set forth under title 40 Code of Federal Regulations part 141, subpart I. Community, nontransient noncommunity, and transient noncommunity water systems using chlorine dioxide shall comply with the applicable recordkeeping requirements for disinfectants, disinfection byproducts, and disinfection byproduct precursors set forth under title 40 Code of Federal Regulations part 141, subparts L, U, and V. Community, nontransient noncommunity, and transient noncommunity water systems shall comply with the applicable recordkeeping requirements for total coliform bacteria set forth under title 40 Code of Federal Regulations part 141, subpart Y. Community water systems shall retain copies of consumer confidence reports for no less than three years.

All public water systems shall retain on their premises or at a convenient location near their premises, the following additional records to document compliance with the remaining provisions of this chapter:

a. Bacteriological and chemical analyses. Records of bacteriological analyses and turbidity analyses shall be kept for not less than five years. Records of chemical analyses shall be kept for not less than ten years. Actual laboratory reports may be kept, or data may be transferred to tabular summaries, provided that the following information is included:

(1) The date, place, and time of sampling and the name of the person who collected the sample;

(2) Identification of the sample as to whether it was a routine distribution system sample, check sample, or raw or other special purpose sample;

(3) Date of analysis;

(4) Laboratory and person responsible for performing analysis;

(5) The analytical technique or method used; and

(6) The result of the analysis.

b. Corrective actions taken. Records of action taken by the system to correct violations shall be kept for a period of not less than three years after the last action taken with respect to the particular violation involved. Assessment forms and documentation showing a corrective action, as a result of an assessment, was completed must be kept for a period of not less than five years after completion of the assessment or corrective action.

c. Reports and communications. Copies of any written reports, summaries, or communications relating to sanitary surveys of the system conducted by the system itself, by a private consultant, or by any local, state, or federal agency, shall be kept for a period not less than ten years after completion of the sanitary survey involved.

d. Variances and exemptions. Records concerning a variance or exemption granted to the system shall be kept for a period ending not less than five years following the expiration of such variance or exemption.

e. Public notices and certifications. Copies of public notices issued pursuant to title 40 Code of Federal Regulations part 141, subpart Q and certifications made to the department pursuant to title 40 Code of Federal Regulations part 141.31 must be kept for three years after issuance.

f. Copies of monitoring plans developed pursuant to this part shall be kept for the same period of time as the records of analyses taken under the plan are required to be kept under subdivision a, except as specified elsewhere in this part.

4.Recordkeeping requirements for the department. The department shall comply with the applicable recordkeeping requirements set forth under title 40 Code of Federal Regulations part 142.14.

N.D. Admin Code 33.1-17-01-14

Adopted by Administrative Rules Supplement 370, October 2018, effective 1/1/2019.

General Authority: NDCC 61-28.1-03; S.L.2017, ch.199, § 1

Law Implemented: NDCC 61-28.1-03, 61-28.1-05; S.L.2017, ch.199, § 69