Tenn. Comp. R. & Regs. 0400-45-01-.41

Current through October 22, 2024

Section 0400-45-01-.41 - REVISED TOTAL COLIFORM RULE

(1) General requirements.

(a) The requirements of this rule constitute both maximum contaminant level and treatment technique requirements as national primary drinking water regulations.

(b) The provisions of this rule apply to all public water systems.

(c) Systems must comply with the provisions of this rule beginning April 1, 2016, unless otherwise specified in this rule.

(d) Failure to comply with the applicable requirements of paragraphs (1) through (11) of this rule, including requirements established by the Department pursuant to these provisions, is a violation of the national primary drinking water regulations under this rule.

(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 the following table or one of the alternative methods listed in Rule 0400-45-01-.14(10)(a) 4.

Organism	Methodology category	Method¹	Citation¹
Total Coliforms
	Lactose Fermentation Methods	Standard Total Coliform Fermentation Technique	Standard Methods 9221 B.1, B.2 (20^thed.; 21^sted.)²³Standard Methods Online 9221 B.1, B.2-99²³
		Presence-Absence (PA) Coliform Test	Standard Methods 9221 D.1, D.2 (20^thed.; 21^sted.)²⁷Standard Methods Online 9221 D.1, D.2-99²⁷
	Membrane Filtration Methods	Standard Total Coliform Membrane Filter Procedure	Standard Methods 9222 B, C (20^thed.; 21^sted.)²⁴ Standard Methods Online 9222 B-97²⁴,9222 C-97²⁴
		Membrane Filtration using MI medium. m-ColiBlue24® Test² 4 Chromocult®²⁴	EPA Method 1604²
	Enzyme Substrate Methods	Colilert®	Standard Methods 9223 B (20^thed.; 21^sted.)²⁵ Standard MethodsOnline 9223 B-97²⁵
		Colisure®	Standard Methods 9223 B (20^thed.; 21^sted.)²⁵⁶ Standard MethodsOnline 9223 B-97²⁵⁶
		E*Colite® Test²Readycult® Test²
		Modified Colitag® Test²
Escherichia coli.
	Escherichia coli Procedure (following Lactose Fermentation Methods).	EC-MUG medium	Standard Methods 9221 F.1 (20^thed.; 21^sted.)²
	Escherichia coli Partition Method	EC broth with MUG (EC-MUG)	Standard Methods 9222 G.1c(2) (20^thed.; 21^sted.)²⁸
		NA-MUG medium	Standard Methods 9222 G.1c(1) (20^thed.; 21^sted.)²
	Membrane Filtration Methods	Membrane Filtration using MI medium m-ColiBlue24® Test² 4 Chromocult®²⁴	EPA Method 1604²
	Enzyme Substrate Methods	Colilert®	Standard Methods 9223 B (20^thed.; 21^sted.)²⁵ Standard Methods Online 9223 B-97²⁵⁶
		Colisure®	Standard Methods 9223 B (20th ed.; 21st ed.)²⁵⁶Standard MethodsOnline 9223 B-97²⁵⁶
		E*Colite® Test²Readycult® Test²Modified Colitag®Test²

¹ The procedures must be done in accordance with the documents listed in footnote 2 below, incorporation by reference. For Standard Methods, either editions, 20th (1998) or 21st (2005), may be used. For the Standard Methods Online, the year in which each method was approved by the Standard Methods Committee is designated by the last two digits following the hyphen in the method number. The methods listed are the only online versions that may be used. For vendor methods, the date of the method listed in footnote 2 is the date/version of the approved method. The methods listed are the only versions that may be used for compliance with this rule. Laboratories should be careful to use only the approved versions of the methods, as product package inserts may not be the same as the approved versions of the methods.

² Incorporation by reference:

(i) American Public Health Association, 800 I Street, NW., Washington, DC 20001.

(I) "Standard Methods for the Examination of Water and Wastewater,''20th edition (1998);

I. Standard Methods 9221, "Multiple-Tube Fermentation Technique for Members of the Coliform Group,'' B.1, B.2, "Standard Total Coliform Fermentation Technique.''

II. Standard Methods 9221, "Multiple-Tube Fermentation Technique for Members of the Coliform Group,'' D.1, D.2, "Presence-Absence (P-A) Coliform Test."

III. Standard Methods 9222, "Membrane Filter Technique for Members of the Coliform Group," B, "Standard Total Coliform Membrane Filter Procedure."

IV. Standard Methods 9222, "Membrane Filter Technique for Members of the Coliform Group," C, "Delayed-Incubation Total Coliform Procedure."

V. Standard Methods 9223, "Enzyme Substrate Coliform Test," B, "Enzyme Substrate Test," Colilert® and Colisure®.

VI. Standard Methods 9221, "Multiple Tube Fermentation Technique for Members of the Coliform Group," F.1, "Escherichia coli Procedure: EC-MUG medium."

VII. Standard Methods 9222, "Membrane Filter Technique for Members of the Coliform Group," G.1.c(2), "Escherichia coli Partition Method: EC broth with MUG (EC-MUG)."

VIII. Standard Methods 9222, "Membrane Filter Technique for Members of the Coliform Group," G.1.c(1), "Escherichia coli Partition Method: NA-MUG medium."

(II) "Standard Methods for the Examination of Water and Wastewater," 21st edition (2005);

I. Standard Methods 9221, "Multiple-Tube Fermentation Technique for Members of the Coliform Group," B.1, B.2, "Standard Total Coliform Fermentation Technique."

II. Standard Methods 9221, "Multiple-Tube Fermentation Technique for Members of the Coliform Group," D.1, D.2, "Presence-Absence (P-A) Coliform Test."

III. Standard Methods 9222, "Membrane Filter Technique for Members of the Coliform Group," B, "Standard Total Coliform Membrane Filter Procedure."

IV. Standard Methods 9222, "Membrane Filter Technique for Members of the Coliform Group," C, "Delayed-Incubation Total Coliform Procedure."

V. Standard Methods 9223, "Enzyme Substrate Coliform Test," B, "Enzyme Substrate Test," Colilert® and Colisure®.

VI. Standard Methods 9221, "Multiple Tube Fermentation Technique for Members of the Coliform Group," F.1, "Escherichia coli Procedure: EC-MUG medium."

VII. Standard Methods 9222, "Membrane Filter Technique for Members of the Coliform Group," G.1.c(2), "Escherichia coli Partition Method: EC broth with MUG (EC-MUG)."

VIII. Standard Methods 9222, "Membrane Filter Technique for Members of the Coliform Group," G.1.c(1), "Escherichia coli Partition Method: NA-MUG medium."

(III) "Standard Methods Online" available at http://www.standardmethods.org:

I. Standard Methods Online 9221, "Multiple-Tube Fermentation Technique for Members of the Coliform Group" (1999), B.1, B.2-99, "Standard Total Coliform Fermentation Technique."

II. Standard Methods Online 9221, "Multiple-Tube Fermentation Technique for Members of the Coliform Group" (1999), D.1, D.2-99, "Presence-Absence (P-A) Coliform Test."

III. Standard Methods Online 9222, "Membrane Filter Technique for Members of the Coliform Group" (1997), B-97, "Standard Total Coliform Membrane Filter Procedure."

IV. Standard Methods Online 9222, "Membrane Filter Technique for Members of the Coliform Group" (1997), C-97, "Delayed-Incubation Total Coliform Procedure."

V. Standard Methods Online 9223, "Enzyme Substrate Coliform Test" (1997), B-97, "Enzyme Substrate Test", Colilert® and Colisure®.

(ii) Charm Sciences, Inc., 659 Andover Street, Lawrence, MA 01843-1032, telephone 1-800-343-2170;

(I) E*Colite®-"Charm E*Colite^TM Presence/Absence Test for Detection and Identification of Coliform Bacteria and Escherichia coli in Drinking Water," January 9, 1998.

(iii) CPI International, Inc., 5580 Skylane Blvd., Santa Rosa, CA, 95403, telephone 1-800-878-7654;

(I) modified Colitag®, ATP D05- 0035-"Modified Colitag^TM Test Method for the Simultaneous Detection of E. coli and other Total Coliforms in Water," August 28, 2009.

(iv) EMD Millipore (a division of Merck KGaA, Darmstadt Germany), 290 Concord Road, Billerica, MA 01821, telephone 1-800-645-5476;

(I) Chromocult-"Chromocult® Coliform Agar Presence/Absence Membrane Filter Test Method for Detection and Identification of Coliform Bacteria and Escherichia coli for Finished Waters," November 2000,Version 1.0.

(II) Readycult®-"Readycult® Coliforms 100 Presence/Absence Test for Detection and Identification of Coliform Bacteria and Escherichia coli in Finished Waters," January 2007, Version 1.1.

(v) EPA's Water Resource Center (MC-4100T), 1200 Pennsylvania Avenue NW., Washington, DC 20460, telephone 1-202-566-1729;

(I) EPA Method 1604, EPA 821-R-02-024-"EPA Method 1604: Total Coliforms and Escherichia coli in Water by Membrane Filtration Using a Simultaneous Detection Technique (MI Medium)," September 2002, http:// www.epa.gov/nerlcwww/1604sp02.pdf.

(vi) Hach Company, P.O. Box 389, Loveland, CO 80539, telephone 1-800- 604-3493:

(I) m-ColiBlue24®-"Membrane Filtration Method m-ColiBlue24® Broth," Revision 2, August 17, 1999.

³ Lactose broth, as commercially available, may be used in lieu of lauryl tryptose broth, if the system conducts at least 25 parallel tests between lactose broth and lauryl tryptose broth using the water normally tested, and if the findings from this comparison demonstrate that the false-positive rate and false-negative rate for total coliforms, using lactose broth, is less than 10 percent.

⁴ All filtration series must begin with membrane filtration equipment that has been sterilized by autoclaving. Exposure of filtration equipment to UV light is not adequate to ensure sterilization. Subsequent to the initial autoclaving, exposure of the filtration equipment to UV light may be used to sanitize the funnels between filtrations within a filtration series. Alternatively, membrane filtration equipment that is pre-sterilized by the manufacturer (i.e., disposable funnel units) may be used.

⁵ Multiple-tube and multi-well enumerative formats for this method are approved for use in presence-absence determination under this rule.

⁶ Colisure® results may be read after an incubation time of 24 hours.

⁷ A multiple tube enumerative format, as described in Standard Methods for the Examination of Water and Wastewater 9221, is approved for this method for use in presence-absence determination under this regulation.

⁸ The following changes must be made to the EC broth with MUG (EC-MUG) formulation: Potassium dihydrogen phosphate, KH₂PO₄, must be 1.5g, and 4-methylumbelliferyl-Beta-D-glucuronide must be 0.05 g.

(b) Laboratory certification. Systems must have all compliance samples required under this rule analyzed by a laboratory certified by the Department 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.

(3) General monitoring requirements for all public water systems.

(a) Sample siting 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 no later than March 31, 2016. These plans are subject to Department 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 0400-45-01-.40 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 ground water 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 subparagraph (9)(a) of this rule.

4. A system may conduct more compliance monitoring than is required by this subpart 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 subparts (9)(a)1.(i) and (ii) of this rule 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 subpart (i) of this part 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 Department 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 Rule 0400-45-01-.40(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 Department 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 Department may modify the SOP or require alternative monitoring locations as needed.

(ii) Reserved.

6. The Department may review, revise, and approve, as appropriate, repeat sampling proposed by systems under subpart 5.(i) of this subparagraph. The system must demonstrate that the sample siting plan remains representative of the water quality in the distribution system. The Department 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) of this rule 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 subparagraph does not count toward meeting the minimum monitoring requirements of this rule.

1. The Department may invalidate a total coliform-positive sample only if the conditions of subpart (i), (ii), or (iii) of this part are met.

(i) The laboratory establishes that improper sample analysis caused the total coliform-positive result.

(ii) The Department, on the basis of the results of repeat samples collected as required under subparagraph (8)(a) of this rule, determines that the total coliform-positive sample resulted from a domestic or other non-distribution system plumbing problem. The Department 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., a total coliform-positive sample cannot be invalidated 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 Department 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 subparagraph (8)(a) of this rule, and use them to determine whether a coliform treatment technique trigger in paragraph (9) of this rule has been exceeded. To invalidate a total coliform-positive sample under this subparagraph, the decision and supporting rationale must be documented in writing, and approved and signed by the supervisor of the Department official who recommended the decision. The Department shall make this document available to EPA and the public. The written documentation must identify the specific cause of the total coliform-positive sample, and what action the system has taken, or will take, to correct this problem. The Department 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 Department may waive the 24-hour time limit on a case-by-case basis. Alternatively, the Department 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 apply to non-community water systems using only ground water (except ground water under the direct influence of surface water, as defined in Rule 0400-45-01-.04 ) and serving 1,000 or fewer people.

2. Following any total coliform-positive sample taken under the provisions of this paragraph, systems must comply with the repeat monitoring requirements and E. coli analytical requirements in paragraph (8) of this rule.

3. Once all monitoring required by this paragraph and paragraph (8) of this rule has been completed for a calendar month, systems must determine whether any coliform treatment technique triggers specified in paragraph (9) of this rule have been exceeded. If any trigger has been exceeded, systems must complete assessments as required by paragraph (9) of this rule.

4. For the purpose of determining eligibility for remaining on or qualifying for quarterly monitoring under the provisions of parts (d)4. and (e)2. of this paragraph for transient non-community water systems, the Department may elect to not count monitoring violations under part (10)(c)1. of this rule 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 parts (10)(c)1. and (11)(a)4. of this rule.

(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 subparagraphs (c) through (e) and (g) of this paragraph. Seasonal systems must meet the monitoring requirements of subparagraph (f) of this paragraph.

(c) Transition to the Revised Total Coliform Rule.

1. Systems, including seasonal systems, must continue to monitor according to the total coliform monitoring schedules under Rule 0400-45-01-.07 that were in effect on March 31, 2016, unless any of the conditions for increased monitoring in subparagraph (d) of this paragraph are triggered on or after April 1, 2016, or unless otherwise directed by the Department.

2. Beginning April 1, 2016, the Department 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 Department has performed the special monitoring evaluation during each sanitary survey, the Department 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 this paragraph. For seasonal systems on quarterly monitoring, this evaluation must include review of the approved sample siting plan, which must designate the time period(s) for monitoring based on site-specific considerations (e.g., during periods of highest demand or highest vulnerability to contamination). The seasonal system must collect compliance samples during these time periods.

(d) Increased Monitoring Requirements for systems on quarterly monitoring. A system on quarterly monitoring that experiences any of the events identified in parts 1. through 4. of this subparagraph must begin monthly monitoring the month following the event. The system must continue monthly monitoring until the requirements in subparagraph (e) of this paragraph for quarterly monitoring are met. A system on monthly monitoring for reasons other than those identified in parts 1. through 4. of this subparagraph is not considered to be on increased monitoring for the purposes of subparagraph (e) of this paragraph.

1. The system triggers a Level 2 assessment or two Level 1 assessments under the provisions of paragraph (9) of this rule 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 of this rule, or one monitoring violation of this rule and one Level 1 assessment under the provisions of paragraph (9) of this rule in a rolling 12-month period for a system on quarterly monitoring.

(e) Requirements for returning to quarterly monitoring. The Department may reduce the monitoring frequency for a system on monthly monitoring triggered under subparagraph (d) of this paragraph to quarterly monitoring if the system meets the criteria in parts 1. and 2. of this subparagraph.

1. Within the last 12 months, the system must have a completed sanitary survey or a site visit by the Department or a voluntary Level 2 assessment by a party approved by the Department, be free of sanitary defects, and have a protected water source; and

2. 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 Department-approved start-up procedure, which must include a negative total coliform sample result as a part of that procedure prior to serving water to the public.

2. A seasonal system must monitor every month that it is in operation unless it meets the criteria in subparts (i), (ii), and (iii) of this part to be eligible for monitoring less frequently than monthly beginning April 1, 2016, except as provided under subparagraph (c) of this paragraph.

(i) Seasonal systems monitoring less frequently than monthly must have an approved sample siting plan that designates the time period for monitoring based on site-specific considerations (e.g., during periods of highest demand or highest vulnerability to contamination). Seasonal systems must collect compliance samples during this time period.

(ii) To be eligible for quarterly monitoring, the system must meet the criteria in subparagraph (e) of this paragraph.

(iii) To be eligible for quarterly monitoring and remain on a reduced monitoring schedule, the system must serve 1,000 or less persons per month.

(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. 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 subparagraph (9)(a) of this rule.

(5) Routine monitoring requirements for community water systems serving 1,000 or fewer people using only ground water.

(a) General.

1. The provisions of this paragraph apply to community water systems using only ground water (except ground water under the direct influence of surface water, as defined in Rule 0400-45-01-.04 ) and serving 1,000 or fewer people.

3. Once all monitoring required by this paragraph and in paragraph (8) of this rule has been completed for a calendar month, systems must determine whether any coliform treatment technique triggers specified in paragraph (9) of this rule have been exceeded. If any trigger has been exceeded, systems must complete assessments as required by paragraph (9) of this rule.

(b) Monitoring frequency for total coliforms. The monitoring frequency for total coliforms is one sample/month, except as provided for under subparagraph (c) of this paragraph.

(c) Transition to the Revised Total Coliform Rule.

1. All systems must continue to monitor according to the total coliform monitoring schedules under Rule 0400-45-01-.07 that were in effect on March 31, 2016, unless otherwise directed by the Department.

(6) Routine monitoring requirements for subpart H public water systems serving 1,000 or fewer people.

(a) General.

1. The provisions of this paragraph apply to subpart H public water systems of this part serving 1,000 or fewer people.

4. Seasonal systems.

(i) Beginning April 1, 2016, all seasonal systems must demonstrate completion of a Department-approved start-up procedure, which must include a negative total coliform sample result as a part of the procedure prior to serving water to the public.

(ii) Reserved.

(b) Routine monitoring frequency for total coliforms. Subpart H systems of this paragraph (including consecutive systems) must monitor monthly. Systems may not reduce monitoring.

(c) Unfiltered subpart H systems. A subpart H system of this paragraph that does not practice filtration in compliance with Rules 0400-45-01-.08 (Turbidity Sampling and Analytical Requirements), 0400-45-01-.31 (Filtration and Disinfection) and 0400-45-01-.39 (Enhanced Treatment for Cryptosporidium) must collect at least one total coliform sample near the first service connection each day the turbidity level of the source water, measured as specified in Rule 0400-45-01-.08(3)(a), exceeds 1 NTU. When one or more turbidity measurements in any day exceed 1 NTU, the system must collect this coliform sample within 24 hours of the first exceedance, unless the Department determines that the system, for logistical reasons outside the system's control, cannot have the sample analyzed within 30 hours of collection and identifies an alternative sample collection schedule. Sample results from this coliform monitoring must be included in determining whether the coliform treatment technique trigger in paragraph (9) of this rule has been exceeded.

(7) Routine monitoring requirements for public water systems serving more than 1,000 people.

(a) General.

1. The provisions of this paragraph apply to public water systems serving more than 1,000 persons.

4. Seasonal systems.

(ii) Reserved.

(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
3,960,000 or more	480

(c) Unfiltered subpart H systems. A subpart H system of this rule that does not practice filtration in compliance with Rules 0400-45-01-.08 (Turbidity Sampling and Analytical Requirements), 0400-45-01-.31 (Filtration and Disinfection) and 0400-45-01-.39 (Enhanced Treatment for Cryptosporidium) must collect at least one total coliform sample near the first service connection each day the turbidity level of the source water, measured as specified in Rule 0400-45-01-.08(3)(a), exceeds 1 NTU. When one or more turbidity measurements in any day exceed 1 NTU, the system must collect this coliform sample within 24 hours of the first exceedance, unless the Department determines that the system, for logistical reasons outside the system's control, cannot have the sample analyzed within 30 hours of collection and identifies an alternative sample collection schedule. Sample results from this coliform monitoring must be included in determining whether the coliform treatment technique trigger in paragraph (9) of this rule has been exceeded.

(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 Department 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 Department may implement criteria for the system to use in lieu of case-by-case extensions. In the case of an extension, the Department must specify how much time the system has to collect the repeat samples. The Department cannot waive the requirement for a system to collect repeat samples in parts 1. through 3. of this subparagraph.

2. The system must collect all repeat samples on the same day, except that the Department 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 parts 1 through 3 of this subparagraph 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 Department extends the limit as provided in part 1 of this subparagraph. 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 subparagraph (9)(a) of this rule has been exceeded as a result of a repeat sample being total coliform-positive and notifies the Department. If a trigger identified in paragraph (9) of this rule 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 Department must be used to determine whether a coliform treatment technique trigger specified in paragraph (9) of this rule 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 State 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 Department office is closed and the Department does not have either an after-hours phone line or an alternative notification procedure, in which case the system must notify the Department before the end of the next business day.

2. The Department 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 Department as specified in part 1. of subparagraph (b) of this paragraph and the provisions of Rule 0400-45-01-.06(4)(g) 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 subparagraph (b) of this paragraph after exceeding treatment technique triggers in parts 1. and 2. of this subparagraph.

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 subparagraph (10)(a) of this rule.

(ii) A second Level 1 trigger as defined in part 1 of this subparagraph, within a rolling 12-month period, unless the Department 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 Department.

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 Department 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 Department requirements if the system exceeds one of the treatment technique triggers in part (a)1. of this paragraph.

(i) The system must complete a Level 1 assessment as soon as practical after any trigger in part (a)1. of this paragraph. 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 Department within 30 days after the system learns that it has exceeded a trigger.

(ii) If the Department 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 Department must consult with the system. If the Department requires revisions after consultation, the system must submit a revised assessment form to the Department 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 Department 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 Department for correcting the problem.

4. Level 2 Assessments. A system must ensure that a Level 2 assessment consistent with Department requirements is conducted if the system exceeds one of the treatment technique triggers in part (a)2. of this paragraph. The system must comply with any expedited actions or additional actions required by the Department in the case of an E. coli MCL violation.

(i) The system must ensure that a Level 2 assessment is completed by the Department or by a party approved by the Department as soon as practical after any trigger in part (a)2. of this paragraph. The system must submit a completed Level 2 assessment form to the Department 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 Department unless otherwise directed by the Department.

(iii) If the Department 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 Department must consult with the system. If the Department requires revisions after consultation, the system must submit a revised assessment form to the Department on an agreed-upon schedule not to exceed 30 days.

(iv) Upon completion and submission of the assessment form by the system, the Department 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 Department for correcting the problem.

(c) Corrective Action. Systems must correct sanitary defects found through either Level 1 or 2 assessments conducted under subparagraph (b) of this paragraph. 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 Department in consultation with the system. The system must notify the Department 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 Department may request a consultation with the other party to determine the appropriate actions to be taken. The system may consult with the Department 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 conditions identified in parts 1. through 4. of this subparagraph 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 subparagraph (9)(a) of this rule and then fails to conduct the required assessment or corrective actions within the timeframe specified in subparagraphs (9)(b) and (c) of this rule.

2. A treatment technique violation occurs when a seasonal system fails to complete a Department-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 Department following an E. coli-positive sample as required by part (8)(b)1. of this rule in a timely manner is a reporting violation.

3. Failure to submit certification of completion of Department-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 Department 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 Department office is closed and the Department does not have either an after-hours phone line or an alternative notification procedure, in which case the system must notify the Department before the end of the next business day, and notify the public in accordance with Rule 0400-45-01-.19 (Notification of Customers).

(ii) A system must notify the Department 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 Department office is closed and the Department does not have either an after-hours phone line or an alternative notification procedure, in which case the system must notify the Department before the end of the next business day.

2. A system that has violated the treatment technique for coliforms in paragraph (9) of this rule must report the violation to the Department no later than the end of the next business day after it learns of the violation, and notify the public in accordance with Rule 0400-45-01-.19 (Notification of Customers).

3. A system required to conduct an assessment under the provisions of paragraph (9) of this rule must submit the assessment report within 30 days. The system must notify the Department in accordance with subparagraph (9)(c) of this rule 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 Department within 10 days after the system discovers the violation, and notify the public in accordance with Rule 0400-45-01-.19 (Notification of Customers).

5. A seasonal system must certify, prior to serving water to the public that it has complied with the Department-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) of this rule for Department 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 Department criteria for an extension of the 24-hour period for collecting repeat samples as provided for under part (8)(a)1. of this rule.

Tenn. Comp. R. & Regs. 0400-45-01-.41

Original rule filed filed November 24, 2015; effective February 22, 2016. Amendments filed March 7, 2016; effective June 5, 2016. Amendments filed November 19, 2018; effective 2/17/2019.

Authority: T.C.A. §§ 4-5-201, et seq. and 68-221-701, et seq.