Title 26 — Subtitle 04. Regulation of Water Supply, Sewage Disposal, Solid Waste, and Recyclable Materials

“Action level” means the concentration of a contaminant which, if exceeded, triggers treatment or other requirements which a water system must follow.

“Approving Authority” means the Secretary of the Environment or his designee.

“Best available technology (BAT)” means the best technology, treatment techniques, or other means which the approving authority finds available, after examination for efficacy under field conditions and not solely under laboratory conditions, taking cost into consideration.

“Board” means the State Board of Waterworks and Waste Systems Operators as described in Environment Article, Title 12, Annotated Code of Maryland.

“Clean compliance history” is, for the purposes of subpart Y of 40 CFR §141, a record of no MCL violations under §141.63; no monitoring violations under §141.21 or subpart Y; and no coliform treatment technique trigger exceedances or treatment technique violations under subpart Y.

“Combined distribution system” means the interconnected distribution system consisting of the distribution systems of wholesale systems and of the consecutive systems that receive finished water.

“Community water system” means a public water system which serves at least 15 service connections used by year-round residents, or regularly serves at least 25 year-round residents.

“Compliance cycle” means the 9-year calendar year cycle during which public water systems will monitor. Each compliance cycle consists of three 3-year compliance periods. The first calendar year cycle begins January 1, 1993 and ends December 31, 2001, the second begins January 1, 2002 and ends December 31, 2010, the third begins January 1, 2011 and ends December 31, 2019.

“Compliance period” means a 3-year calendar period within a compliance cycle. Each compliance cycle has three 3-year compliance periods. Within the first compliance cycle, the first compliance period runs from January 1, 1993 to December 31, 1995, the second from January 1, 1996 to December 31, 1998, the third compliance period from January 1, 1999 to December 31, 2001. Within the second compliance cycle, the first compliance period runs from January 1, 2002 to December 31, 2004, the second from January 1, 2005 to December 31, 2007, the third compliance period from January 1, 2008 to December 31, 2010.

“Comprehensive performance evaluation (CPE)” means a thorough review and analysis of a treatment plant's performance-based capabilities and associated administrative, operation, and maintenance practices.

“Consecutive system” means a public water system that receives some or all of its finished water from one or more wholesale systems. Delivery may be through a direct connection or through the distribution system of one or more consecutive systems.

“Construction permit” means a permit issued by the Department of the Environment under Environment Article, §9-204, Annotated Code of Maryland, to authorize installation of a water system.

“Contaminant” means any physical, chemical, biological, or radioactive substance in drinking water.

“Conventional filtration treatment” means a series of processes including coagulation, flocculation, sedimentation, and filtration resulting in substantial particulate removal.

“Coverage ratio” means the ratio of the sum of the annual net operating profit for 5 years to the sum of the annual debt service requirements for 5 years.

Direct Filtration.

“Disinfectant” means any oxidant, including but not limited to chlorine, chlorine dioxide, chloramines, and ozone, added to the water in any part of the treatment or distribution process, that is intended to inactivate pathogenic microorganisms.

“Disinfection profile” means a graphical representation of a water system's level of Giardia lamblia or virus inactivation measured during the course of a year.

“Dose-equivalent” means the product of the absorbed dose from ionizing radiation and such factors as account for differences in biological effectiveness due to the type of radiation and its distribution in the body as specified by the International Commission on Radiological Units and Measurements (ICRU).

“Enhanced coagulation” means the addition of sufficient coagulant for improved removal of disinfection byproduct precursors by conventional filtration treatment.

“Enhanced softening” means the improved removal of disinfection byproduct precursors by precipitative softening.

“Filter profile” means a graphical representation of individual filter performance, based on continuous turbidity measurements or total particle counts versus time for an entire filter run, from startup to backwash inclusive, that includes an assessment of filter performance while another filter is being backwashed.

“GAC10” means granular activated carbon filter beds with an empty-bed contact time of 10 minutes based on average daily flow and a carbon reactivation frequency of every 180 days, except that the reactivation frequency for GAC10 used as a best available technology for compliance with Regulation .15-2 of this chapter shall be 120 days.

“GAC20” means granular activated carbon filter beds with an empty-bed contact time of 20 minutes based on average daily flow and a carbon reactivation frequency of every 240 days.

“Gross alpha particle activity” means the total radioactivity due to alpha particle emission as inferred from measurements on a dry sample exclusive of the contribution, if any, due to radon and uranium.

“Gross beta particle activity” means the total radioactivity due to beta particle emission as inferred from measurements on a dry sample exclusive of the contribution, if any, due to potassium-40 and other naturally occurring radionuclides.

“Ground water under the direct influence of surface water (GWUDI)” means any water beneath the surface of the ground with:

“Haloacetic acids (five) (HAA5)” mean the sum of the concentrations in milligrams per liter of the haloacetic acid compounds (monochloroacetic acid, dichloroacetic acid, trichloroacetic acid, monobromoacetic acid, and dibromoacetic acid, rounded to 2 significant figures after addition.

“Halogen” means one of the chemical elements chlorine, bromine, or iodine.

“Initial compliance period” means the first full 3-year compliance period which begins at least 18 months after promulgation of a regulation under 40 CFR 141, with the exception that for contaminants listed in Regulations .06A(1), (5), (8), (11), and (16) and .07D(19)—(21) and E(16)—(30) of this chapter, the initial compliance period means January 1, 1993—December 31, 1995 for systems with 150 or more service connections, and January 1, 1996—December 31, 1998 for systems having fewer than 150 service connections.

“Lead-free” means:

“Level 1 assessment” is an evaluation to identify the possible presence of sanitary defects, defects in distribution system coliform monitoring practices, and (when possible) the likely reason that the system triggered the assessment. It is conducted by the system operator or owner. Minimum elements include review and identification of a typical 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., whether aground water system is disinfected);existing water quality monitoring data; and inadequacies in sample sites, sampling protocol, and sample processing. The system must conduct the assessment consistent with any State 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.

“Level 2 assessment” is an evaluation to identify the possible presence of sanitary defects, defects in distribution system coliform monitoring practices, and (when possible) the likely reason that the system triggered the assessment. A Level 2 assessment provides a more detailed examination of the system (including the system’s monitoring and operational practices) than does a Level1 assessment through the use of more comprehensive investigation and review of available information, additional internal and external resources, and other relevant practices. It is conducted by an individual approved by the State, which may include the system operator. Minimum elements include review and identification of 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., whether a ground water system is disinfected); existing water quality monitoring data; and inadequacies in sample sites, sampling protocol, and sample processing. The system must conduct the assessment consistent with any State 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. The system must comply with any expedited actions or additional actions required by the State in the case of an E. coli MCL violation.

“Man-made beta particle and photon emitters” means all radionuclides emitting beta particles and/or photons listed in Maximum Permissible Body Burdens and Maximum Permissible Concentration of Radionuclides in Air or Water for Occupational Exposure, NBS Handbook 69, except the daughter products of thorium-232, uranium-235, and uranium-238.

“Maximum contaminant level (MCL)” means the maximum permissible level of a contaminant in water which is delivered to the users of a public water system. In the case of turbidity, the maximum permissible level is measured at the point of entry to the distribution system. Materials added to the water under circumstances controlled by the consumer are excluded from this definition. Materials resulting from corrosion of piping and plumbing caused by water quality are not excluded from this definition.

“Maximum contaminant level goal (MCLG)” means the maximum level of a contaminant in drinking water at which no known or anticipated adverse effects on the health of persons would occur, and which allows an adequate margin of safety. Maximum contaminant level goals are nonenforceable health goals.

“Maximum residual disinfectant level (MRDL)” means a level of a disinfectant added for water treatment that may not be exceeded at the consumer's tap without an unacceptable risk of adverse health effects. The disinfectants include chlorine, chloramines, and chlorine dioxide.

“Maximum residual disinfectant level goal (MRDLG)” means the maximum level of a disinfectant added for water treatment at which no known or anticipated adverse effect on the health of individuals occurs, and which allows an adequate margin of safety. MRDLGs are nonenforceable health goals and do not reflect the benefit of the addition of the chemical for control of water-borne microbial contaminants.

“Maximum total trihalomethane potential (MTP)” means the maximum concentration of total trihalomethanes produced in a given water sample containing a halogen disinfectant residual after 7 days at a temperature of 25°C or above.

“Near the first service connection” means within the first 20 percent of connections that receive finished water from the treatment plant, as measured by water transport time within the distribution system.

“Net operating profit” means the total of the operating profit and the nonoperating revenue.

“New system” means a community water system or a nontransient noncommunity water system that commences operation after October 1, 1999.

“Noncommunity water system” means a public water system that does not meet the requirements of §B(5) of this regulation. These systems serve motels, hotels, medical facilities, restaurants, schools, industrial plants, and similar facilities not connected to a community water system.

“Nontransient noncommunity water system (NTNCWS)” means a public water system that is not a community water system and that regularly serves at least 25 of the same individuals over 6 months per year.

“Operating profit” means the total of the operating revenue minus operating expenses.

“Operating ratio” means the ratio of the sum of the annual operating revenues for 5 years to the sum of the annual operating, maintenance, and replacement expenses for 5 years.

“Person” means the State, a federal agency, county, municipality, partnership, corporation, cooperative, company, sanitary district, sanitary commission, authority, institution, or individual.

“Picocurie (pCi)” means that quantity of radioactive material producing 2.22 nuclear transformations per minute.

“Plan for compliance” means a schedule of actions that is submitted by the violator and is approved by the Approving Authority.

“Point-of-entry treatment device (POE)” is a treatment device applied to the drinking water entering a house or building for the purpose of reducing contaminants in the water distributed throughout the house or building.

“Point-of-use treatment device (POU)” is a treatment device applied to a single tap used for the purpose of reducing contaminants in drinking water at that one tap.

Public Water System.

“Rem” means the unit of dose-equivalent from ionizing radiation to the total body or any internal organ or organ system. A millirem (mrem) is 1/1000 of a rem (0.001 rem).

“Repeat compliance period” means any subsequent compliance period after the initial compliance period.

“Reportable incident” means any occurrence in the operation, maintenance, repair, or extension of a water supply system or its appurtenances that causes a permanent or temporary change that may adversely affect the quality or quantity of water supplied to the users of the system.

“Sampling point” means each entry point to the distribution system which is representative of each well after treatment where ground water sources are used, or, where surface water sources are used, each entry point to the distribution system after any application of treatment or a point in the distribution system which is representative of each source after treatment.

“Sanitary defect” is a defect that could provide a pathway of entry for microbial contamination into the distribution system or that is indicative of a failure or imminent failure in a barrier that is already in place.

“Sanitary survey” means an on-site review of the water source, facilities, equipment, operation and maintenance of a public water system for the purpose of evaluating the adequacy of the system for producing and distributing safe drinking water.

“Seasonal system” is a noncommunity water system that is not operated as a public water system on a year-round basis and starts up and shuts down at the beginning and end of each operating season.

Service Connection.

“Standard sample” means the aliquot of finished drinking water that is examined for the determination of the maximum contaminant level.

“Subpart H systems” means public water systems using surface water or ground water under the direct influence of surface water as a source that are subject to the requirements of Subpart H of 40 CFR §141.

“Superintendent” means an individual employed or appointed in accordance with Environment Article, Title 12, Annotated Code of Maryland, and certified by the Board to be in responsible charge of the operation of a water supply system.

“Supplier of water” means any person who owns or operates a public water system.

“SUVA” means specific ultraviolet absorption at 254 nanometers (nm), an indicator of the humic content of water. It is a calculated parameter obtained by dividing a sample's ultraviolet absorption at a wavelength of 254 nm (UV254) (in m-1) by its concentration of dissolved organic carbon (DOC) in milligrams per liter (mg/l).

“Too numerous to count” means that the total number of bacterial colonies exceeds 200 on a 47-millimeter diameter membrane filter used for coliform detection.

“Total organic carbon (TOC)” means total organic carbon in milligrams per liter (mg/l) measured using heat, oxygen, ultraviolet irradiation, chemical oxidants, or combinations of these oxidants that convert organic carbon to carbon dioxide, rounded to 2 significant figures.

“Total trihalomethanes (TTHM)” means the sum of the concentrations in milligrams per liter of the trihalomethane compounds trichloromethane (chloroform), dibromochloromethane, bromodichloromethane, and tribromomethane (bromoform), rounded to two significant figures.

“Transient noncommunity water system (TWS)” means a noncommunity water system that does not regularly serve at least 25 of the same individuals over 6 months per year.

“Treatment technique” means a required process intended to reduce the level of a contaminant which, if exceeded, triggers treatment or other requirements which a water system must follow.

“Trihalomethane (THM)” means a family of organic compounds, derived from methane, wherein three of the four hydrogen atoms in methane are each substituted by a halogen atom in the molecular structure.

“Uncovered finished water storage facility” means a tank, reservoir, or other facility used to store water that will undergo no further treatment to reduce microbial pathogens, except residual disinfection, and is directly open to the atmosphere.

“Variance” means a legal change issued by the Approving Authority in the requirements for a public water system to comply with an MCL to a supplier of water because of the following:

“Virus” means a virus of fecal origin which is infectious to humans by waterborne transmission.

“Waterborne disease outbreak” means the significant occurrence of acute infectious illness, epidemiologically associated with the ingestion of water from a public water system which is deficient in treatment, as determined by the Approving Authority.

“Wholesale system” means a public water system that treats source water as necessary to produce finished water and then delivers some or all of that finished water to another public water system. Delivery may be through a direct connection or through the distribution system of one or more consecutive systems.

Surface Water Treatment Rule (40 CFR §§141.70—141.76, Subpart H) June 8, 2001, January 14, 2002, October 23, 2002, October 29, 2002, and February 13, 2013 revisions.

Interim Enhanced Surface Water Treatment Rule (40 CFR §141, Subpart P, §§141.170—141.175), January 14, 2002, revision;

Long Term 1 Enhanced Surface Water Treatment Rule (40 CFR §§141.500—141.570, Subpart T), January 14, 2002;

Long Term 2 Enhanced Surface Water Treatment Rule (40 CFR §§141.700—141.723, Subpart W), January 5, 2006, January 30, 2006, and February 6, 2006.

Bottled Water (21 CFR §165.110);

Best Available Technology (40 CFR §§141.61—141.66, Subpart G) February 13, 2013 revisions;

Lead and Copper Rule (40 CFR §§141.80—141.91, Subpart I) revised January 12, 2000 and October 10, 2007;

Monitoring and Analytical Methods (40 CFR §§141.21—141.29, Subpart C) February 13, 2013 revisions;

Method Detection Limit (40 CFR §136), October 23, 2002, revision;

Public Notification of Drinking Water Violations (40 CFR §141, Subpart Q; 40 CFR §§141.201—141.211, November 8, 2006, February 13, 2013, and February 26, 2014 revisions;

Consumer Confidence Report (40 CFR §§141.151—141.155, Subpart O), January 14, 2002, November 27, 2002, March 25, 2003, January 4, 2006, November 8, 2006, February 13, 2013, and February 26, 2014 revisions;

Disinfectant Residuals, Disinfection Byproducts, and Disinfection Byproduct Precursors:

Arsenic Rule (40 CFR §§141.6, 141.51, 141.60, 141.62, 141.65, 142.61, 142.62) March 25, 2003 revision;

Definitions (40 CFR §141.2) January 14, 2002, January 4, 2006, January 5, 2006, and February 13, 2013 revisions;

Unregulated Contaminant Monitoring Regulation (40 CFR §141.40), March 12, 2002, October 29, 2002, January 4, 2007, and May 2, 2012 revisions;

Ground Water Rule (40 CFR §§141.21, 141.28, 141.153, 141.202, 141.203, 141.400—141.405, 142.14—142.16) — November 8, 2006, November 21, 2006, and February 13, 2013 revisions; and

Revised Total Coliform Rule (40 CFR §§141.4, 141.52, 141.63, 141.71, 141.74, 141.132, §§141.851—141.861, Subpart Y, and 142.15—142.16, 142.63) — February 13, 2013, and February 26, 2014 revisions.

The Approving Authority may issue a variance based on the condition that the supplier of water installs the best technology, treatment techniques, or other means, which the Approving Authority finds are available when taking costs into consideration, and based upon an evaluation that indicates that alternative sources of water are not reasonably available;

The Approving Authority may issue a variance to a supplier of water after documentation and consideration of findings set in 40 CFR §142.20;

The Approving Authority may issue to systems serving fewer than 10,000 persons a variance from a maximum contaminant level, or a treatment technique in accordance with 40 CFR §§142.301—142.313, Subpart K, except for microbial contaminants that are included in subparts H, P, S, T, W, and Y of the 40 CFR §141.

Variances from the treatment technique requirements of 40 CFR §141, Subpart H, may not be granted;

Variances from the total coliform and E. coli maximum contamination levels may not be granted; beginning April 1, 2016 the total coliform maximum contaminant level is no longer effective;

Variances from a maximum contaminant level for any synthetic organic chemical may only be granted if the:

Except as otherwise provided in this regulation, variances from a maximum contaminant level may be granted if the Approving Authority finds that:

Variances for a treatment technique other than treatment technique requirements of 40 CFR §141, Subpart H, may be granted if the Approving Authority finds that the supplier of water applying for the variance has demonstrated that the treatment technique is not necessary to protect the health of persons because of the nature of the raw water source of the system.

The nature and duration of the variance requested.

Relevant analytical results of water quality sampling of the system, including tests conducted under the requirements of this regulation.

For any request made under §A(1) of this regulation:

For a request made under §A(2) of this regulation, a statement that the supplier of water will perform monitoring and other reasonable requirements prescribed by the Approving Authority as a condition of the variance.

Other information, if any, believed to be pertinent by the applicant and other information required by the Approving Authority.

An MCL, the Approving Authority shall consider such factors as the following:

A required treatment technique, because this treatment is unnecessary to protect the public health, the Approving Authority shall consider such factors as the following:

Maximum contaminant level, the notice shall provide that the variance will be terminated when the supplier of water complies with the applicable standard, and may be terminated upon a finding by the Approving Authority that the supplier of water has failed to comply with any requirements of a final schedule approved by the Approving Authority;

Treatment technique, the notice shall provide that the variance may be terminated at any time upon a finding that the nature of the raw water source is such that the application of the treatment technique for which the variance was granted is necessary to protect the health of individuals, or if the supplier of water has failed to comply with any of the conditions prescribed by the Approving Authority, as a condition to the granting of the variance.

For a variance specified in §A(1) of this regulation, the Approving Authority shall propose a schedule for:

The proposed schedule shall specify dates by which steps toward compliance are to be taken, including at the minimum, when applicable, the date:

If the supplier of water has no access to an alternate raw water source, and can effect or anticipate no adequate improvement of the existing raw water source, the proposed schedule may specify an indefinite time period for compliance until a new and effective treatment technology is developed at which time a new compliance schedule shall be prescribed by the Approving Authority.

The proposed schedule for implementation of interim control measures during the period of variance shall specify interim treatment techniques, methods and equipment, and dates by which steps toward meeting the interim control measures are to be met.

The schedule shall be prescribed by the Approving Authority at the time of granting the variance.

Publishing of a notice in a newspaper or newspapers of general circulation in the area served by the supplier of water, and posting of a notice in the principal post office of each municipality or area served by the supplier of water; and

Mailing a notice to the agency of the county in which the system is located and who is responsible for the water supply program, and to other appropriate agencies at the discretion of the Approving Authority. The notice shall:

The name, address and telephone number of the individual, organization or other entity requesting a hearing;

A brief statement of the interest of the person making the request in the proposed variance or schedule;

A brief statement of the information that the person making the request intends to submit at the hearing; and

The signature of the individual making the request, or, if the request is made on behalf of an organization or other entity, the signature of a responsible official of the organization or other entity.

Except as provided in §A(2) of this regulation, a supplier of water is eligible for a variance only if the supplier:

If a supplier of water can demonstrate through comprehensive engineering assessments, which may include pilot plant studies, that the treatment methods identified in §A(1) of this regulation would only achieve a negligible reduction in contaminants, the Approving Authority may issue a schedule of compliance that requires the supplier of water being granted the variance to examine other treatment methods as a condition of obtaining the variance.

If the Approving Authority determines that a treatment method identified in §A(2) of this regulation is technically feasible, the Approving Authority may require the supplier of water to install or use, or both, that treatment method in connection with a compliance schedule issued under the provisions of Regulation .03 of this chapter. The Approving Authority's determination shall be based upon studies by the supplier of water and other relevant information.

The Approving Authority may require a supplier of water to use bottled water or a point-of-use device, or other means as a condition of granting a variance or an exemption from the requirements of Regulation .07D of this chapter, to avoid an unreasonable risk to health.

Provide sufficient quantities of bottled water to each person supplied by the public water system;

Deliver bottled water door-to-door; and

Meet the requirements of either §B(3)(a)—(c) or (d)—(e), of this regulation:

Apply the technology under a plan approved by the Approving Authority, which includes all of the following:

Install, operate, and maintain a point-of-use device for each building connected to the system.

Provide monthly operating reports to the Approving Authority in a format specified by the Approving Authority.

Maintain the microbiological safety of the water.

Provide the Approving Authority with all the information it will need to determine that the:

Due to compelling factors, which may include economic factors, the supplier of water is unable to:

The public water system was in operation on the effective date of the contaminant level requirement or treatment technique requirement or, for a water system that was not in operation by the effective date, a reasonable alternative source of drinking water is not available;

The granting of the exemption will not result in an unreasonable risk to health; and

Management or restructuring changes cannot reasonably be made that will result in compliance with the regulation, or improve the quality of the drinking water if compliance cannot be achieved.

The nature and duration of the exemption requested;

Relevant analytical results of water quality sampling of the system including results of relevant tests conducted pursuant to the requirements of this regulation;

Explanation in full of compelling factors such as time or economic factors which prevent the supplier of water from achieving compliance;

Other information, if any, believed by the applicant to be pertinent to the application;

A proposed compliance schedule, including the date when each step toward compliance will be achieved; and

Other information as the Approving Authority may require.

Construction, installation, modification, and operation of treatment equipment systems;

The time needed to put into operation a new treatment facility to replace an existing system which is not in compliance; and

Economic feasibility of compliance.

If the Approving Authority decides to deny the application for an exemption, the applicant shall be so notified. The notice includes a statement of the reasons for the proposed denial, and offers the applicant an opportunity to present, within 30 days of receipt of the notice, additional information or argument to the Approving Authority. The Approving Authority shall make a final determination on the request within 30 days after receiving any additional information or argument. If additional information or argument is not submitted by the applicant, the application shall be denied.

Upon granting an exemption request submitted under §B of this regulation, the Approving Authority notifies the applicant of the action in writing. The notice identifies the facility covered, and specifies the termination date of the exemption. The notice provides that the exemption will be terminated when the supplier of water comes into compliance with the applicable standard, and may be terminated upon a finding by the Approving Authority that the supplier of water has failed to comply with any requirements of a final schedule issued under §F of this regulation.

The Approving Authority shall propose a schedule for:

The schedule shall be prescribed by the Approving Authority at the time the exemption is granted, subsequent to the provision of the opportunity for a hearing under §E, of this regulation.

Within 30 days after the termination of the public hearing under §§D and E, of this regulation, the Approving Authority shall revise the proposed schedule as necessary and prescribe a final schedule for compliance and interim measures for the supplier of water which was granted an exemption under §C of this regulation.

The schedule shall require compliance by the supplier of water with each contaminant level and treatment technique requirement as expeditiously as practicable but not to exceed 3 years after the compliance date in §1412(b)(10) of the Safe Drinking Water Act.

If a supplier of water does not serve more than 3,300 persons and needs financial assistance for the necessary improvements, an exemption granted under §A of this regulation may be renewed for one or more additional 2-year periods, but not to exceed a total of 6 additional years, if the supplier of water establishes that it is taking all practicable steps to meet the requirements of the standard, and the established compliance schedule.

Bottled water as a condition of obtaining an exemption from the requirements of Regulation .07D of this chapter shall meet the requirements set out in Regulation .03-1B of this chapter;

Point-of-use devices as a condition of obtaining an exemption from the requirements of Regulation .07D of this chapter shall meet the requirements set out in Regulation .03-1C of this chapter.

Is subject to earthquakes, floods, fires or man-made disasters which could cause breakdown of the public water system or a portion of it; and

Is within the flood plain of a 100-year flood.

Apply the technology under a plan approved by the Approving Authority. The plan shall:

Install, operate, and maintain a point-of-entry device for each building connected to the system.

Provide monthly operating reports to the Approving Authority in a format specified by the Approving Authority.

Maintain the microbiological safety of the water.

Provide the Approving Authority with all the information it needs to determine that the conditions of this section will be met, and to determine that the supplier of water has taken the necessary measures so that the rights and responsibilities of the public water system customer convey with title upon sale of property.

At least 99.9 percent removal or inactivation, or both, of Giardia lamblia cysts between a point where the raw water is not subject to recontamination by surface water runoff and a point downstream before or at the first customer;

At least 99.99 percent removal or inactivation, or both, of viruses between a point where the raw water is not subject to recontamination by surface water runoff and a point downstream before or at the first customer; and

At least 99 percent removal of Cryptosporidium between a point where the raw water is not subject to recontamination by surface water runoff and a point downstream before or at the first customer for filtered systems, or control of Cryptosporidium in accordance with and in compliance with an approved watershed control plan for unfiltered systems.

Requirements for avoiding filtration set forth in 40 CFR §§141.71 and 141.171 and the disinfection requirements set forth in 40 CFR §§141.72 and §141.172; or

Filtration requirements set forth in 40 CFR §§141.73 and §141.173 and the disinfection requirements set forth in 40 CFR §§141.72(b) and §141.172.

Requirements for avoiding filtration set forth in 40 CFR §141.71 and the disinfection requirements set forth in 40 CFR §141.72; or

Filtration requirements set forth in 40 CFR §141.73 and the disinfection requirements set forth in 40 CFR §141.72.

Additional requirements for avoiding filtration set forth in 40 CFR §§141.520—141.522 and the additional disinfection requirements set forth in 40 CFR §§141.530 — 141.544; or

Additional filtration requirements set forth in 40 CFR §§141.550—141.553 and 141.560—141.564 and the additional disinfection requirements set forth in 40 CFR §§141.72 and 141.530—141.544.

The concentration of total or fecal coliform in the untreated source water under dry weather and wet weather conditions;

The presence of organisms in the source water that are commonly found in surface water such as protozoa, algae, insects, Giardia lamblia, or other large diameter pathogens;

If there are rapid shifts in source water turbidity levels coincident with rainfall events;

If the results of dye tracer studies demonstrate a close hydrologic connection with surface water;

Results of measurement of hydraulic gradients from nearby surface water bodies to the production well or spring;

The depth and integrity of construction of a well or construction and integrity of a spring box or receiver;

Results of evaluations at other sources under similar conditions;

Evidence of disease outbreaks in the population served by the system;

Past violations of coliform bacteria maximum contaminant levels;

Results of on-site inspections; and

Whether the well is completed in a confined aquifer as defined in COMAR 26.04.04 and whether the well was constructed in accordance with COMAR 26.04.04.

6 months after being notified that the supplier's source is under the direct influence of surface water, monitor and report as required by 40 CFR Part 141, Subparts H, P, and T; and

18 months after being notified that the supplier's source is under the direct influence of surface water:

Comply with 40 CFR §§141.170—141.175;

Consult with the Approving Authority to establish a disinfection benchmark; and

Consult with the Approving Authority before making a significant change to its disinfection practice, as defined in 40 CFR §141.172(c)(1)(i)—(iv).

All public water systems using a surface water source or a ground water source under the direct influence of surface water (Subpart H systems) shall comply with 40 CFR §§141.700—141.722, the regulations concerning enhanced treatment for Cryptosporidium.

A supplier of water shall conduct an initial and a second round of source water monitoring for each water treatment facility that treats a surface water or GWUDI source, as set forth in 40 CFR §§141.700—141.706 beginning not later than the month that starts with the date listed in the following table:

A supplier of water shall monitor on a schedule and in a manner set forth in 40 CFR §§141.701—141.702 and shall:

A supplier of water shall collect samples for each plant that treats a surface water or GWUDI source in accordance with 40 CFR §141.703 and shall collect source water samples prior to treatment with chemicals (such as coagulants, oxidants, and disinfectants), unless the system meets the condition of §L(5) of this regulation.

The Approving Authority may approve sampling after chemical treatment if the Approving Authority determines that sampling before treatment is not feasible, and if the Approving Authority determines that chemical treatment is unlikely to have a significant adverse effect on the analysis of the sample.

For the analysis of Cryptosporidium, E. coli, and turbidity, a supplier of water shall:

A supplier of water shall submit its sampling schedules in accordance with 40 CFR §141.702, and shall:

If a supplier of water wishes to use previously collected data to comply with initial source water monitoring, then it shall comply with the grandfathering requirements set forth in 40 CFR §141.707.

A supplier of water shall comply with requirements set forth in 40 CFR §141.708 when making a significant change in disinfection practice.

A supplier of water required to develop disinfection profiles under 40 CFR §141.708 shall comply with 40 CFR §141.709.

A supplier of water shall maintain records of results from the initial round of source water monitoring required under 40 CFR §141.701(a) and the second round of source water monitoring required under 40 CFR §141.701(b) as specified in 40 CFR §141.722(a) and (b).

Following completion of initial source water monitoring required under §L(2) of this regulation, filtered systems shall calculate their initial Cryptosporidium treatment bin concentration for each plant by using the following table and as specified in 40 CFR §141.710:

Filtered systems shall report their Cryptosporidium bin classification as specified in 40 CFR §141.710 and shall report their:

If a filtered system is required to provide additional treatment under 40 CFR §141.710(a), then it shall provide the level of additional treatment for Cryptosporidium in accordance with 40 CFR §141.711.

Unfiltered systems shall calculate the arithmetic mean of all Cryptosporidium sample concentrations reported under §L of this regulation in accordance with 40 CFR §141.712(a), and shall provide the level of additional treatment for Cryptosporidium required in 40 CFR §141.712(b).

Suppliers of water required to provide additional treatment for Cryptosporidium under 40 CFR §§141.710—141.712 shall provide the treatment required according to the following schedule:

If the bin classification for a filtered system changes following the second round of source water monitoring, filtered systems must recalculate their Cryptosporidium bin concentration and bin classification in accordance with 40 CFR §141.710(d), and the system must provide the level of treatment for Cryptosporidium required under 40 CFR §141.711 on a schedule the State approves.

Suppliers of water may obtain treatment credits by complying with the requirements of 40 CFR §§141.715—141.720 for toolbox options including:

Suppliers of water shall report to the Approving Authority as specified in 40 CFR §141.721 for any microbial toolbox options used to comply with treatment requirements under 40 CFR §141.711 or 141.712. Alternatively, for treatment credits, the Approving Authority may approve certifications that demonstrate that a water system is operating within required treatment parameters, rather than to require it to report monthly operational data for tool box options.

Suppliers of water shall keep the results of treatment monitoring associated with microbial toolbox options, as required by 40 CFR §§141.716—141.720, for 3 years.

Enhanced coagulation and enhanced softening requirements of §D of this regulation;

Alternate compliance criteria for enhanced coagulation and enhanced softening set forth in 40 CFR §141.135(a)(2) and the monitoring requirements for disinfection byproduct precursors (DBPP) set forth in 40 CFR §141.132(d); or

Additional alternative compliance criteria for softening systems set forth in 40 CFR §141.135(a)(3) and monitoring requirements set forth in 40 CFR §141.132.

Step 1 Total Organic Carbon (TOC) percent reduction set forth in 40 CFR §141.135(b)(2); or

Step 2 TOC percent reduction set forth in 40 CFR §141.135(b)(3)—(4).

Suppliers of water shall notify the Approving Authority in writing by December 8, 2003, if the system recycles spent filter backwash water, thickener supernatant, or liquids from dewatering processes.

Notification under this section shall include, at a minimum:

By June 8, 2004, any system that recycles spent filter backwash water, thickener supernatant, or liquids from dewatering processes shall return these flows through the processes of a system's existing conventional or direct filtration system or at an alternate location approved by the Approving Authority.

If capital improvements are required to modify the recycle location to meet this requirement, all capital improvements shall be completed not later than June 8, 2006.

Beginning June 8, 2004, a supplier of water shall collect and retain on file recycle flow information specified in §D(2) of this regulation for review and evaluation by the Approving Authority.

The following recycle flow information shall be retained:

Sanitary survey information requirements for all ground water systems in accordance with Regulation .11-3D of this chapter.

Microbial source water monitoring requirements for ground water suppliers that do not treat all of their ground water to at least 99.99 percent (4-log) treatment of viruses, using inactivation, removal, or a combination of 4-log virus inactivation and removal approved by the Approving Authority, before or at the first customer in accordance with Regulation .11-2 of this chapter.

Treatment technique requirements, described in 40 CFR §141.403, that apply to ground water systems that have fecally contaminated source waters, as determined by source water monitoring conducted under 40 CFR §141.402, or that have significant deficiencies that are identified by the Approving Authority, or that are identified by EPA under the Safe Drinking Water Act section 1445. A ground water supplier with fecally contaminated source water or with significant deficiencies subject to the treatment technique requirements of 40 CFR §141 Subpart S shall implement one or more of the following corrective action options:

Ground water suppliers that provide at least 4-log treatment of viruses, using inactivation, removal, or a combination of 4-log virus inactivation and removal approved by the Approving Authority, before or at the first customer are required to conduct compliance monitoring to demonstrate treatment effectiveness, as described in Regulation .11D of this chapter.

If requested by the Approving Authority, ground water suppliers shall provide the Approving Authority with any existing information that will enable the Approving Authority to perform a hydrogeologic sensitivity assessment. For the purpose of this regulation, “hydrogeologic sensitivity assessment” means a determination of whether groundwater suppliers obtain water from hydrogeologically sensitive settings.

When a significant deficiency, such as an aspect of the system that may have potential to cause risks to public health, is identified by the Approving Authority, or when a ground water source sample collected under Regulation .11-2D of this chapter is fecal indicator-positive or as otherwise specified in this regulation, the ground water suppliers shall meet the treatment technique requirements of 40 CFR §141.403.

If directed by the Approving Authority, a ground water supplier with a ground water source sample collected under Regulation .11-2D(2), D(4) or E of this chapter that is fecal indicator-positive shall comply with the treatment technique requirements of §C of this regulation.

When a significant deficiency is identified by the Approving Authority at a Subpart H public water supplier that uses both ground water and surface water, the supplier shall comply with provisions of §C of this regulation except in cases where the Approving Authority determines that the significant deficiency is in a portion of the distribution system that is served solely by surface water or ground water under the direct influence of surface water.

Unless the Approving Authority directs the ground water supplier to implement a specific corrective action, the ground water supplier shall consult with the Approving Authority regarding the appropriate corrective action within 30 days of receiving written notice from the Approving Authority of a significant deficiency, written notice from a laboratory that a ground water source sample collected under Regulation .11-2D(3) of this chapter was found to be fecal indicator-positive, or direction from the Approving Authority that a fecal indicator-positive collected under Regulation .11-2D(2) or (4) or E of this chapter requires corrective action. For the purposes of 40 CFR §141 Subpart S, significant deficiencies include, but are not limited to, defects in design, operation, or maintenance, or a failure or malfunction of the sources, treatment, storage, or distribution system that the Approving Authority determines to be causing, or have potential for causing, the introduction of contamination into the water delivered to consumers.

Within 120 days (or earlier if directed by the Approving Authority) of receiving written notification from the Approving Authority of a significant deficiency, written notice from a laboratory that a ground water source sample collected under Regulation .11-2D(3) of this chapter was found to be fecal indicator-positive, or direction from the Approving Authority that a fecal indicator-positive sample collected under Regulation .11-2D(2) or (4) or E of this chapter requires corrective action, the ground water supplier shall either:

Corrective Action Alternatives. Ground water suppliers that meet the conditions of §C(1) or (2) of this regulation shall implement one or more of the following corrective action alternatives:

Special Notice to the Public of Significant Deficiencies or Source Water Fecal Contamination.

A ground water supplier with a significant deficiency is in violation of the treatment technique requirement if, within 120 days (or earlier if directed by the Approving Authority) of receiving written notice from the Approving Authority of the significant deficiency, the supplier:

Unless the Approving Authority invalidates a fecal indicator-positive ground water source sample under Regulation .11-2G of this chapter, a ground water system is in violation of the treatment technique requirement if, within 120 days, or earlier if directed by the Approving Authority, of meeting the conditions of §C(1) or (2) of this regulation, the supplier:

A ground water supplier subject to the requirements of Regulation .11D(3) of this chapter that fails to maintain at least 4-log treatment of viruses, using inactivation, removal, or a combination of 4-log virus inactivation and removal approved by the Approving Authority, before or at the first customer for a ground water source is in violation of the treatment technique requirement if the failure is not corrected within four hours of determining the supplier is not maintaining at least 4-log treatment of viruses before or at the first customer.

Ground water suppliers shall give public notification under Regulation .20C(1)(f) of this chapter for the treatment technique violations specified in §D(1)-(3) of this regulation.

The water is not available to children under 6 months old;

The supplier will post a warning which indicates that levels of nitrate or total nitrate plus nitrite exceed 10 milligrams/liter and the potential health effects of exposure;

Adverse health effects do not result; and

The supplier notified county health officers and the Approving Authority annually of all nitrate or total nitrate plus nitrite levels that exceed 10 milligrams/liter.

Reduced Monitoring.

Monitoring Waivers for Small Water Systems.

Calculate the 90th percentile lead and copper concentrations as specified under 40 CFR §141.80(c)(3) during each monitoring period and report the values to the Approving Authority as described under 40 CFR §141.90(a) in the format determined by the Approving Authority;

Notify and obtain approval from the Approving Authority as required by 40 CFR §141.90(a)(3) before adding a new source and before implementing long term changes in water treatment; and

Certify compliance with public notice and education requirements under 40 CFR §141.85.

Total trihalomethanes (TTHM) 0.080 mg/l

Haloacetic acids (five) (HAA5) 0.060 mg/l

Bromate ... 0.010 mg/l

Chlorite ... 1.0 mg/l

For acrylamide, 0.05 percent dosed at 1 ppm (or an equivalent combination of monomer concentration in the material being added and polymer dosage rate as long as the concentration in the finished water does not exceed 0.0005 milligram/liter of acrylamide); and

For epichlorohydrin, 0.01 percent dosed at 20 ppm (or an equivalent combination of monomer concentration in the material being added and polymer dosage rate as long as the concentration in the finished water does not exceed 0.002 milligram/liter of epichlorohydrin).

1 turbidity unit (TU), as determined by a monthly average pursuant to Regulation .12 of this chapter, except that 5 or fewer turbidity units may be allowed if this higher level of turbidity does not:

5 turbidity units (TU) based on an average of two samples collected on consecutive days.

Suppliers of water at all systems shall meet the turbidity requirements in 40 CFR §§141.70—141.75;

Suppliers of water at systems serving 10,000 or more individuals shall meet the additional turbidity requirements in 40 CFR §141.173(a); and

Beginning January 1, 2005, suppliers of water at systems serving fewer than 10,000 individuals shall meet the additional turbidity requirements of 40 CFR §§141.550— 141.553.

Alpha particle radioactivity:

Beta particle and photon radioactivity from man-made radionuclides:

Suppliers of water at community water systems shall comply with the MCLs in this regulation on December 8, 2003.

Compliance with reporting requirements for the radionuclides under 40 CFR Part 141, Appendix A to Subpart O and 40 CFR Part 141, Appendices A and B to Subpart Q is required on December 8, 2003.

Suppliers of water at community water systems shall comply with the MCLs in this regulation on December 8, 2003.

Compliance with reporting requirements for the radionuclides under 40 CFR Part 141, Appendix A to Subpart O and 40 CFR Part 141, Appendices A and B to Subpart Q is required on December 8, 2003.

More than 5 percent of the samples collected in any month are positive for total coliform for any supplier of water that collects 40 or more samples a month;

Two or more samples collected in any month are positive for total coliform for any supplier of water that collects less than 40 samples a month;

A total coliform repeat sample is positive following a fecal coliform-positive or E. coli-positive routine sample; or

Any repeat sample is positive for fecal coliform or E. coli.

All routine samples required by Regulation .11A of this chapter;

All repeat samples required by Regulation .11-2A and B of this chapter;

Any routine or repeat samples not invalidated under Regulation .11-2C of this chapter; and

All samples taken in compliance with Regulation .11B(1) of this chapter.

Protection of wells from contamination by appropriate placement and construction;

Maintenance of a disinfectant residual throughout the distribution system;

Proper maintenance of the distribution system including pipe replacement, main flushing programs, proper operation of storage tank and reservoirs, and continual maintenance of positive water pressure in the distribution system;

Filtration and disinfection of surface and ground water as described in 40 CFR Part 141, Subpart H; and

The implementation of a local wellhead protection program under the approval of the Approving Authority.

The system has an E.coli-positive repeat sample following a total coliform-positive routine sample;

The system has a total coliform-positive repeat sample following an E.coli-positive routine sample;

The system fails to take all required repeat samples following an E.coli routine sample; or

The system fails to test for E.coli when any repeat sample tests positive for total coliform.

Protection of wells from fecal contamination by appropriate placement and construction;

Maintenance of a disinfectant residual throughout the distribution system;

Proper maintenance of the distribution system including appropriate pipe replacement and repair procedures, main flushing programs, proper operation and maintenance of storage tank and reservoirs, cross connection control, and continual maintenance of positive water pressure in the distribution system;

Filtration and/or disinfection of surface water, as described in subparts H, P, T, and W of 40 CFR §141, or disinfection of ground water, as described in subpart S of 40 CFR §141, using strong oxidants such as chlorine, chlorine dioxide, or ozone; and

For systems using ground water, compliance with the requirements of a Wellhead Protection Program developed and implemented under section 1428 of the SDWA.

A supplier of water to a community water system shall sample for total coliform at regular intervals throughout the month and in number proportionate to the population served as set forth in the coliform sample table in §A(2) of this regulation.

Coliform Sample Table.

A supplier of water to a noncommunity system shall:

A noncommunity water supply system shall comply with §A(1) of this regulation within 6 months after the Approving Authority determines the ground water is under the direct influence of surface water.

A supplier of water shall sample for total coliform at points which are representative of conditions within the distribution system and in accordance with a sampling siting plan written by the supplier of water. The Approving Authority may revise or review this plan.

A supplier of water shall monitor for total coliform at regular intervals throughout the month, except if a system uses only ground water and serves less than 4,901 individuals, then the system may collect all required routine samples on 1 day from different sites.

Public water systems that use surface water or ground water under the direct influence of surface water and that avoid filtration are required to collect at least one total coliform sample near the first service connection each day the source water turbidity exceeds 1 nephelometric turbidity unit (NTU). This sample shall be collected within 24 hours of the turbidity measurement. The Approving Authority may waive the 24-hour requirement under 40 CFR §141.21(a)(5), which is incorporated by reference.

The Approving Authority may reduce the total coliform sampling frequency of a community or noncommunity water system if the:

Sampling frequency for total coliform may not be reduced to less than once a:

The Approving Authority may reduce total coliform sampling frequency for a noncommunity system using only ground water that regularly serves more than 1,000 individuals for those months when the population served falls below 1,000 individuals.

Total coliform analysis shall be conducted in accordance with methods specified in 40 CFR §141.21(f), which is incorporated by reference.

The total coliform samples need only to be analyzed for the presence or absence of total coliform and the standard sample size shall be at least 100 milliliters, regardless of analytical method.

Existing Ground Water Sources. A ground water supplier that provides at least 4-log treatment of viruses, using inactivation, removal, or a combination of 4-log virus inactivation and removal approved by the Approving Authority, before or at the first customer for any ground water source before December 1, 2009, shall notify the Approving Authority in writing that it provides at least 4-log treatment of viruses, and begin compliance monitoring in accordance with §D(3) of this regulation. Notification to the Approving Authority shall include engineering, operational, or other information that the Approving Authority requests to evaluate the submission. If the supplier subsequently discontinues 4-log treatment of viruses, the supplier shall conduct ground water source monitoring as required under Regulation .11-2 D—J of this chapter.

New Ground Water Sources. A ground water supplier that places a ground water source in service after November 30, 2009, and that provides at least 4-log treatment of viruses, using inactivation, removal, or a combination of 4-log virus inactivation and removal approved by the Approving Authority, before or at the first customer for the ground water source shall comply with the following requirements:

Monitoring requirements. A ground water supplier subject to the requirements of Regulation .05-5C of this chapter, or §D(1) or (2) of this regulation shall monitor the effectiveness and reliability of treatment for that ground water source before or at the first customer as follows:

Discontinuing Treatment. A ground water supplier may discontinue 4-log treatment of viruses, using inactivation, removal, or a combination of 4-log virus inactivation and removal approved by the Approving Authority, before or at the first customer for a ground water source if the Approving Authority determines and documents in writing that 4-log treatment of viruses is no longer necessary for that ground water source. A supplier that discontinues 4-log treatment of viruses is subject to the source water monitoring and analytical method requirements of Regulation .11-2 D—J of this chapter.

Failure to meet the monitoring requirements of this regulation is a monitoring violation and requires the ground water supplier to provide public notification under Regulation .20D(1)(a) of this chapter.

If a routine sample is total coliform-positive, the supplier of water shall take repeat samples within 24 hours from the time the system is notified of the positive result. The Approving Authority may extend this time limit if the system cannot collect the repeat samples within 24 hours. If the time limit is extended, the Approving Authority shall specify how much time the system has to collect the repeat samples. Systems with one service connection may follow the alternative repeat monitoring as specified in §A(4) of this regulation.

The supplier of water shall take the following number of repeat samples for each total coliform-positive routine sample:

The supplier of water shall follow the sampling method below, except the Approving Authority may determine an alternative sampling plan if the conditions below cannot be met:

The supplier of water shall collect all repeat samples on the same day, except systems with a single service connection may collect check samples over a 4-day period or collect larger sample volumes as long as the total sample volume equals:

If one or more repeat sample is total coliform-positive, the supplier of water shall collect an additional set of repeat samples in the manner specified in §A(1)—(4) of this regulation, until one complete set of repeat samples contains no coliform, or the supplier of water exceeds the maximum contamination level under Regulation .10 of this chapter.

A sample taken within five service connections of a positive routine sample may be counted as a repeat sample if the sample was collected after the positive routine sample but before notification of the sample results.

A supplier of water using a ground water source subject to Regulation .05-5 of this chapter, shall perform triggered source water monitoring in accordance with Regulation .11-2D—J of this chapter if conditions described in Regulation .11-2D(1) of this chapter exist.

When a supplier of water collects one or more total coliform-positive samples that are not invalidated under §C of this regulation, and is required to routinely take less than five routine samples a month, the supplier of water shall collect at least five routine samples the next month water is supplied to the public.

Waiver.

Invalidation by Approving Authority.

Invalidation by Laboratory.

General Requirements Until March 31, 2016. A ground water supplier subject to Regulation .05-5 of this chapter shall conduct triggered source water monitoring pursuant to 40 CFR §141.402(a) if the following conditions exist:

Sampling Requirements Until March 31, 2016. A groundwater supplier shall collect, within 24 hours of notification of the routine total coliform-positive sample, at least one ground water source sample from each ground water source in use at the time that the total coliform-positive sample was collected under Regulation .11 of this chapter until March 31, 2016, except as provided in §D(2)(b) of this regulation.

Additional Requirements Until March 31, 2016. If the Approving Authority does not require corrective action under Regulation .05-5C of this chapter for a fecal indicator-positive source water sample collected under §D of this regulation that is not invalidated under §G of this regulation, the supplier shall collect five additional source water samples from the same source within 24 hours of being notified of the fecal indicator-positive sample.

Consecutive and Wholesale Systems Until March 31, 2016.

Exceptions to the Triggered Source Water Monitoring Requirements Until March 31, 2016. A ground water supplier is not required to comply with the source water monitoring requirements of §D of this regulation if either of the following conditions exists:

Beginning April 1, 2016, a groundwater supplier subject to Regulation .05-5 of this chapter shall conduct triggered source water monitoring pursuant to 40 CFR §141.420(a) if the following conditions exist:

Beginning April 1, 2016, a groundwater supplier shall collect, within 24 hours of notification of the routine total coliform-positive sample, at least one ground water source sample from each ground water source in use at the time that the total coliform-positive sample was collected under Regulations .11-4D—G of this chapter beginning April 1, 2016, except as provided in §D(7)(b) of this regulation.

Beginning April 1, 2016, if the Approving Authority does not require corrective action under Regulation .05-5C of this chapter for a fecal indicator-positive source water sample collected under §D of this regulation that is not invalidated under §G of this regulation, the supplier shall collect five additional source water samples from the same source within 24 hours of being notified of the fecal indicator-positive sample.

Consecutive and Wholesale Systems beginning April 1, 2016.

Beginning April 1, 2016, a ground water supplier is not required to comply with the source water monitoring requirements of §D of this regulation if either of the following conditions exists:

Collection of a total of 12 ground water source samples that represent each month the supplier provides ground water to the public;

Collection of samples from each well unless the supplier obtains written approval from the Approving Authority to conduct monitoring at one or more wells within the ground water system that are representative of multiple wells used by that supplier and that draw water from the same hydrogeologic setting;

Collection of a standard sample volume of at least 100 mL for fecal indicator analysis regardless of the fecal indicator or analytical method used;

Analysis of all ground water source samples using one of the analytical methods listed in 40 CFR §141.402(c)(2) for the presence of E. coli;

Collection of ground water source samples at a location prior to any treatment of the ground water source unless the Approving Authority approves a sampling location after treatment; and

Collection of ground water source samples at the well itself unless the system’s configuration does not allow for sampling at the well itself and the Approving Authority approves an alternate sampling location that is representative of the water quality of that well.

A ground water supplier subject to the source water monitoring requirements of §D of this regulation shall collect a standard sample volume of at least 100 mL for fecal indicator analysis regardless of the fecal indicator or analytical method used.

A ground water supplier shall analyze all ground water source samples collected under §D of this regulation using one of the analytical methods listed in the table in 40 CFR §141.402(c)(2) for the presence of E. coli, enterococci, or coliphage.

A ground water supplier may obtain invalidation from the Approving Authority for a fecal indicator-positive ground water source sample collected under §D of this regulation only under the following conditions:

If the Approving Authority invalidates a fecal indicator-positive ground water source sample, the ground water supplier shall collect another source water sample under §D of this regulation within 24 hours of being notified by the Approving Authority of its invalidation decision and shall have it analyzed for the same fecal indicator using the analytical methods in §F of this regulation. The Approving Authority may extend the 24-hour time limit on a case-by-case basis if the supplier cannot collect the source water sample within 24 hours due to circumstances beyond its control. In the case of an extension, the Approving Authority shall specify how much time the supplier has to collect the sample.

Any ground water source sample required under §D of this regulation shall be collected at a location prior to any treatment of the ground water source unless the Approving Authority approves a sampling location after treatment.

If the system’s configuration does not allow for sampling at the well itself, the supplier may collect a sample at a location approved by the Approving Authority to meet the requirements of §D of this regulation if the sample is representative of the water quality of that well.

A ground water supplier with a ground water source sample collected under §D or E of this regulation that is fecal indicator-positive and that is not invalidated under §G of this regulation, including consecutive suppliers served by the ground water source, shall conduct public notification under Regulation .20B of this chapter.

Monitoring Violations. Failure to meet the requirements of §§D—I of this regulation is a monitoring violation and requires the ground water supplier to provide public notification under Regulation .20D of this chapter.

Ground water suppliers shall provide the Approving Authority, at the request of the Approving Authority, any existing information that will enable the Approving Authority to conduct a sanitary survey.

Sanitary surveys, as conducted by the Approving Authority, shall include, but not be limited to, an onsite review of the water source or sources (identifying sources of contamination by using results of source water assessments or other relevant information where available), facilities, equipment, operation, maintenance, and monitoring compliance of a public water supplier to evaluate the adequacy of the system, its sources and operations and the distribution of safe drinking water.

The sanitary survey must include an evaluation of the applicable components that follow:

This regulation applies to all public water systems.

Suppliers of water shall comply with the provisions of this regulation beginning April 1, 2016, unless otherwise specified.

Suppliers of water that fail to comply with the applicable requirements of 40 CFR §§141.851—141.861, are in violation of the regulation.

Analytical Methodology.

Laboratory certification. Suppliers shall have all compliance samples required under this regulation analyzed by a laboratory certified by the EPA, or the Approving Authority to analyze drinking water samples. The laboratory used by the supplier shall be certified for each method, and associated contaminants used for compliance monitoring analyses under this regulation.

Sample Siting Plans.

Special purpose samples. Special purpose samples, such as those taken to determine whether disinfection practices are sufficient following pipe placement, replacement, or repair, may not be used to determine whether the coliform treatment technique trigger has been exceeded. Repeat samples taken according to §H of this regulation are not considered special purpose samples, and shall be used to determine whether the coliform treatment technique trigger has been exceeded.

Invalidation of total coliform samples. A total coliformpositive sample invalidated under this section does not count toward meeting the minimum monitoring requirements of this regulation.

General.

Monitoring frequency for total coliforms. Suppliers shall monitor each calendar quarter that the system provides water to the public, except for seasonal systems or as provided under §D(3)—(8) and (10) of this regulation. Seasonal systems shall meet the monitoring requirements of §D(9) of this regulation.

Transition.

Annual site visits. Beginning no later than January 1, 2017, systems on annual monitoring, including seasonal systems, shall have an initial and recurring annual site visit by the Approving Authority that is equivalent to a Level 2 assessment or an annual voluntary Level 2 assessment that meets the criteria in §I(2) of this regulation in order to remain on annual monitoring.

Criteria for annual monitoring. Beginning April 1, 2016, the Approving Authority may reduce the monitoring frequency for a well-operated ground water system from quarterly routine monitoring to no less than annual monitoring, if the system demonstrates that it meets the criteria for reduced monitoring in §D(5)(a)—(c) of this regulation, except for a system that has been on increased monitoring under the provisions of §D(6) of this regulation. A system on increased monitoring under §D(6) of this regulation shall meet the provisions of §D(7) of this regulation to go to quarterly monitoring and shall meet the provisions of §D(8) of this regulation to go to annual monitoring.

A system on quarterly or annual monitoring that experiences any of the events identified in §D(6)(a)—(d) of this regulation shall begin monthly monitoring the month following the event. A system on annual monitoring that experiences an event identified in §D(6)(e) of this regulation shall begin quarterly monitoring the quarter following the event. The supplier shall continue monthly or quarterly monitoring until the requirements in §D(7) of this regulation for quarterly monitoring or §D(8) of this regulation for annual monitoring are met. A system on monthly monitoring for reasons other than those identified in §D(6)(a)—(d) of this regulation is not considered to be on increase monitoring for the purposes of §D(7) and (8) of this regulation.

The Approving Authority may reduce the monitoring frequency for a system on monthly monitoring triggered under §D(6) of this regulation to quarterly monitoring if the system meets the criteria in §D(7)(a) and (b) of this regulation.

The Approving Authority may reduce the monitoring frequency for a system on increased monitoring under §D(6) of this regulation if the system meets the criteria in §D(7) of this regulation plus the criteria in §D(8)(a) and (b) of this regulation.

Seasonal Systems.

Additional routine monitoring the month following a total coliform-positive sample. Suppliers collecting samples on a quarterly or annual frequency shall conduct additional routine monitoring the month following one or more total coliform-positive samples (with or without a Level 1 treatment technique trigger). Suppliers shall collect at least three routine samples during the next month, except that the Approving Authority may waive this requirement if the conditions of 40 CFR §141.854(j) are met. Suppliers 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. Suppliers shall use the results of additional routine samples in coliform treatment technique trigger calculations under §I of this regulation.

General.

Monitoring frequency for total coliforms. The monitoring frequency for total coliforms is one sample/month, except as provided for under §E(3)—(6) of this regulation.

Transition.

Criteria for reduced monitoring. The Approving Authority may reduce the monitoring frequency from monthly monitoring to no less than quarterly monitoring if the system is in compliance with operator certification provisions and demonstrates that it meets the criteria in §E(4)(a)—(c) of this regulation. A system that loses its certified operator shall return to monthly monitoring the month following that loss.

Return to routine monthly monitoring requirements. Systems on quarterly monitoring that experience any of the events in §E(5)(a)—(d) of this regulation shall begin monthly monitoring the month following the event. The supplier shall continue monthly monitoring until it meets the reduced monitoring requirements in §E(4) of this regulation.

Additional routine monitoring the month following a total coliform-positive sample. Suppliers collecting samples on a quarterly frequency shall conduct additional routine monitoring the month following one or more total coliform-positive samples (with or without a Level 1 treatment technique trigger). Suppliers shall collect at least three routine samples during the next month, except that the Approving Authority may waive this requirement if the conditions of §E(6)(a), (b), or (c) of this regulation are met. Suppliers 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. Suppliers shall use the results of additional routine samples in coliform treatment technique trigger calculations.

General.

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

Unfiltered Subpart H Systems. A Subpart H system of this chapter that does not practice filtration in compliance with subparts H, P, T, and W of 40 CFR §141 shall 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 40 CFR §141.74(b)(2), exceeds 1 NTU. When one or more turbidity measurements in any day exceed 1 NTU, the supplier shall collect this coliform sample within 24 hours of the first exceedance, unless the Approving Authority determines that the supplier, for logistical reasons outside the supplier'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 shall be included in determining whether the coliform treatment technique trigger in §I of this regulation has been exceeded.

General.

Monitoring frequency for total coliforms. The monitoring frequency for total coliforms is based on the population served by the system, as follows:

Unfiltered Subpart H Systems. A Subpart H system of this part that does not practice filtration in compliance with subparts H, P, T, and W of 40 CFR 141 shall 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 40 CFR §141.74(b)(2), exceeds 1 NTU. When one or more turbidity measurements in any day exceed 1 NTU, the supplier shall collect this coliform sample within 24 hours of the first exceedance, unless the Approving Authority determines that the supplier, for logistical reasons outside the supplier'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 shall be included in determining whether the coliform treatment technique trigger in §I of this regulation has been exceeded.

Reduced monitoring. Suppliers may not reduce monitoring, except for noncommunity water systems using only ground water (and not ground water under the direct influence of surface water) serving 1,000 or fewer people in some months and more than 1,000 persons in other months. In months when more than 1,000 persons are served, the suppliers shall monitor at the frequency specified in §G(1) of this regulation. In months when 1,000 or fewer people are served, the Approving Authority may reduce the monitoring frequency, in writing, to a frequency allowed under §D of this regulation for a similarly situated system that always serves 1,000 or fewer people, taking into account the provisions in §D(1)—(7).

Repeat Monitoring.

Escherichia coli (E. coli) Testing.

Treatment Technique Triggers. Suppliers shall conduct assessments in accordance with §I(2) of this regulation after exceeding treatment technique triggers in §I(1)(a) and (b) of this regulation.

Requirements for assessments.

Level 1 Assessments. A supplier shall conduct a Level 1 assessment consistent with Approving Authority requirements if the system exceeds one of the treatment technique triggers in §I(1)(a) of this regulation.

Level 2 Assessments. A supplier shall ensure that a Level 2 assessment consistent with Approving Authority requirements is conducted if the supplier exceeds one of the treatment technique triggers in §I(1)(b) of this regulation. The supplier shall comply with any expedited actions or additional actions required by the Approving Authority in the case of an E. coli MCL violation.

Corrective Action. Suppliers shall correct sanitary defects found through either Level 1 or 2 assessments conducted under §I(2) of this regulation. For corrections not completed by the time of submission of the assessment form, the supplier shall complete the corrective action(s) in compliance with a timetable approved by the Approving Authority in consultation with the supplier. The supplier shall notify the Approving Authority when each scheduled corrective action is completed.

Consultation. At any time during the assessment or corrective action phase, either the water supplier or the Approving Authority may request a consultation with the other party to determine the appropriate actions to be taken. The supplier may consult with the Approving Authority on all relevant information that may impact on its ability to comply with a requirement of §I(6), including the method of accomplishment, an appropriate time frame, and other relevant information.

E. coli MCL Violation. A system is in violation of the MCL for E. coli when any of the following conditions identified in §J(1)(a)—(d) of this regulation occur:

Treatment Technique Violation.

Monitoring Violations.

Reporting Violations.

Sample at every entry point to the distribution system that is representative of all sources being used (after this called a sampling point) under normal operating conditions; and

Take each sample at the same sampling point unless:

The supplier of water to an existing CWS shall conduct initial monitoring by December 31, 2007 in order to determine compliance with Regulation .09A of this chapter. The Approving Authority may require more frequent monitoring in the event of possible contamination or if changes in the distribution system or treatment processes occur that may increase the concentration of radioactivity in finished water.

The supplier of water to a new CWS or a CWS that uses a new source of water shall begin to conduct initial monitoring for the new source within the first quarter after initiating use of the source.

For systems without acceptable historical data, as defined in §C(4) of this regulation, the supplier of water shall collect four consecutive quarterly samples at all sampling points before December 31, 2007.

The Approving Authority may allow historical monitoring data collected at a sampling point, if designated as appropriate by the Approving Authority, to satisfy the initial monitoring requirements for that sampling point, for the following situations:

For gross alpha particle activity, uranium, radium-226, and radium-228 monitoring, the Approving Authority may waive the final 2 quarters of initial monitoring for a sampling point if the results of the samples from the previous 2 quarters are below the detection limit.

If the average of the initial monitoring results for a sampling point is above the maximum contaminant level (MCL), the supplier of water shall collect and analyze quarterly samples at that sampling point until the system has results from 4 consecutive quarters that are at or below the MCL, unless the supplier enters into another schedule as part of a formal compliance agreement with the Approving Authority.

The supplier of water may reduce the future frequency of monitoring for a contaminant from once every 3 years to once every 9 years at each sampling point, if the average of the initial monitoring results for each such contaminant is below the detection limit specified in 40 CFR §141.25, Table B.

The supplier of water may reduce the future frequency of monitoring for a contaminant from once every 3 years to once every 6 years at each sampling point, if:

The supplier of water shall collect and analyze at least one sample for a contaminant at each sampling point every 3 years if:

The supplier of water shall use the samples collected during the most recent reduced monitoring period to determine the monitoring frequency for subsequent monitoring periods. For example, if a system's sampling point is on a 9-year monitoring period, and the sample result is above 1/2 MCL, the next monitoring period for that sampling point is 3 years.

If a CWS has a monitoring result that exceeds the MCL while on reduced monitoring, the supplier of water shall collect and analyze quarterly samples at that sampling point until the system has results from 4 consecutive quarters that are below the MCL, unless the supplier of water enters into another schedule as part of a formal compliance agreement with the Approving Authority.

To fulfill quarterly monitoring requirements for gross alpha particle activity, radium-226, radium-228, or uranium, a supplier of water may composite up to four consecutive quarterly samples from a single entry point if analysis is done within a year of the first sample.

The composited result shall be used as the average analytical result to determine compliance with the MCLs and the future monitoring frequency.

If the analytical result from the composited sample is greater than 1/2 MCL, the Approving Authority may direct the water supplier to take additional quarterly samples before allowing the system to sample under a reduced monitoring schedule.

If the measured gross alpha particle activity does not exceed 5 picocuries per liter (pCi/l), a gross alpha particle activity measurement may be substituted for the required radium-226 measurement.

If the measured gross alpha particle activity does not exceed 15 picocuries per liter (pCi/l), a gross alpha particle activity measurement may be substituted for the required uranium measurement.

If a supplier of water uses a gross alpha particle activity measurement instead of a radium-226 measurement, uranium measurement, or both, the gross alpha particle activity analytical result shall be used to determine the future monitoring frequency for radium-226, uranium, or both.

If the gross alpha particle activity result is less than detection, 1/2 the detection limit shall be used to determine compliance and the future monitoring frequency.

For the purpose of monitoring radioactivity concentrations in drinking water, the required sensitivity of the radioanalysis is defined in terms of a detection limit. The detection limit shall be that concentration which can be measured with an accuracy of plus or minus 100 percent at the 95 percent confidence level (1.96 sigma where sigma is the standard deviation of the net counting rate of the sample).

To determine compliance with Regulation .09A(1) of this chapter, the detection limit may not exceed 1 pCi/liter. To determine compliance with Regulation .09A(2) of this chapter, the detection limit may not exceed 3 pCi/liter.

To determine compliance with Regulation .09B, the detection limit may not exceed the concentrations listed in Table A of this regulation.

To judge compliance of a public water system with the maximum

Suppliers of water shall collect quarterly samples for beta emitters and annual samples for tritium and strontium-90 at each entry point to the distribution system, after this called a sampling point, beginning within the next calendar quarter after being notified by the Approving Authority.

Suppliers of water at systems already designated as vulnerable by the Approving Authority shall continue to sample until the Approving Authority reviews and either reaffirms or removes the designation.

If the gross beta particle activity minus the naturally occurring potassium-40 beta particle activity at a sampling point has a running annual average (computed quarterly) less than or equal to 50 picocuries per liter (pCi/l) (screening level), the Approving Authority may reduce the frequency of monitoring at that sampling point to once every 3 years.

The Approving Authority may allow the supplier of water to utilize environmental surveillance data collected by the nuclear facility instead of monitoring data collected at the system's entry points if the Approving Authority determines that the data is applicable to a particular water system.

If there is a release from a nuclear facility, a supplier of water at a CWS that uses surveillance data shall begin monitoring at the system's entry points in accordance with §B(1) and (2) of this regulation.

Suppliers of water shall monitor monthly at the sampling points that exceed the maximum contaminant level in 40 CFR §141.66(d)(2) beginning the month after the exceedance occurs.

Suppliers of water shall continue monthly monitoring until the CWS has established, by a rolling average of three monthly samples, that the MCL is being met.

Water suppliers who establish that the MCL is being met shall return to quarterly monitoring as set forth in §B, C, or D of this regulation as determined by the Approving Authority.

Compliance with the MCL is determined by a running annual average at each sampling point;

If the average of any sampling point is greater than the MCL, the system is out of compliance with the MCL; and

If any sample result causes the running average to exceed the MCL at any sample point, the system is out of compliance with the MCL immediately.

A supplier of water to a community surface or combined surface and ground water system and a supplier of water to a nontransient noncommunity surface or combined surface and ground water system shall:

A supplier of water to a community and nontransient noncommunity ground water system shall:

Notwithstanding §B(1) and (2) of this regulation, a supplier of water to a nontransient noncommunity water system is not required to monitor for fluoride.

A supplier of water to a transient noncommunity water system shall monitor:

Asbestos.

Cyanide. The Approving Authority may grant a waiver to a supplier of water to a community or nontransient noncommunity water system from all testing for cyanide if the Approving Authority determines that the system is not vulnerable to cyanide contamination due to lack of any industrial sources of cyanide that could contribute cyanide to the water system.

The Approving Authority may designate a time during each compliance period that a supplier of water to a public water system shall monitor, and this supplier of water shall monitor during the time designated.

Suppliers of water at all systems that begin operation after January 22, 2004 or at systems that begin use of a new source of water after January 22, 2004 shall:

The Approving Authority may grant a waiver from the requirements of §B(1)(a) and (2)(a) of this regulation to a supplier of water.

A waiver of §B(1)(a) and (2)(a) of this regulation may not exceed 9 years, and at least one sample is required to be collected during the term of the waiver.

The Approving Authority shall follow the requirements of 40 CFR §141.23(b)(4) and (c)(4)—(6), when evaluating and issuing a waiver.

A supplier of water shall:

For all contaminants listed in Regulation .06A of this chapter except nitrates and nitrites, if the results of sampling indicate an exceedance of the MCL, the Approving Authority may require that one additional sample be collected as soon as possible after the initial sample was taken, but not to exceed 2 weeks, at the same sampling point.

A supplier of water shall collect and analyze a second sample for nitrates, nitrites, or total nitrates plus nitrites within 24 hours of being notified that a routine sample exceeded an MCL for nitrates, nitrites, or total nitrates plus nitrites.

A supplier of water shall monitor on a quarterly frequency from each sampling point that has been determined to exceed a maximum contaminant level for the contaminants listed in Regulation .06A(1)—(11), (14), and (15) of this chapter, as determined by §G of this regulation.

The Approving Authority may decrease the quarterly monitoring testing required in §F(4) of this regulation in accordance with the requirements of 40 CFR §141.23(c)(8).

The average of the results from routine and confirmation samples shall be used to determine compliance. Compliance with maximum contaminant levels shall be determined in accordance with 40 CFR §141.23(f)(3) and(i). The Approving Authority may delete results from obvious sampling errors.

A supplier of water that does not collect the repeat sample within the time frame required by §F(3) of this regulation shall:

A supplier of water that has exceeded a maximum contaminant level in Regulation .06A of this chapter, as determined by §G(1) of this regulation, shall notify the Approving Authority as required by Regulation .19 of this chapter and give public notice as required by Regulation .20 of this chapter.

Arsenic sampling results shall be reported to the nearest 0.001 milligrams per liter (mg/l).

Beginning with the initial compliance period, analysis of substances for the purpose of determining compliance with Regulation .07D of this chapter shall be conducted by the supplier of water to a community water system or nontransient noncommunity water system in accordance with the requirements of 40 CFR §141.24(f)(1)—(3), which is incorporated by reference. Four consecutive quarterly samples are required within the initial compliance period for all contaminants in Regulation .07D of this chapter.

Monitoring data collected after January 1, 1988, required under §1445 of the Safe Drinking Water Act (Public Law 93-523), is allowed for purposes of initial monitoring compliance. If the data are generally consistent with the requirements of 40 CFR §141.24, this data, that is, a single sample rather than four quarterly samples, may be used to satisfy the initial monitoring requirement of §B(1) of this regulation.

A supplier of water to a community or nontransient noncommunity water system that collected and tested the sample or samples for all contaminants listed in Regulation .07D of this chapter after January 1, 1988, and before December 31, 1992 , and did not detect any contaminant listed in Regulation .07D of this chapter, shall be considered to have met the initial monitoring requirements of §B(1) of this regulation and shall collect and test annually until December 31, 1995.

A supplier of water to a community or nontransient noncommunity water system serving fewer than 3,300 people that collected samples between October 6, 1992 and September 30, 1993, and did not detect any contaminant listed in Regulation .07D of this chapter, shall be considered to have met the initial monitoring requirements of §B(1) of this regulation for each contaminant so analyzed and not detected.

The Approving Authority may issue a waiver from the requirements of §§C and D of this regulation to a supplier of water to a community and nontransient noncommunity ground water system, if the contaminants listed in Regulation .07D of this chapter were not detected after completing the initial monitoring. The Approving Authority may grant a waiver after evaluating the factors specified in 40 CFR §141.24(f)(8), which is incorporated by reference. The period of the waiver may not exceed 6 years and may be renewed by the Approving Authority.

As a condition of a waiver, the supplier of water to a community or nontransient noncommunity ground water system shall:

If the Approving Authority does not reconfirm that the system is nonvulnerable to VOC contamination within 3 years of its previous determination, the supplier shall return to annual sampling.

If a contaminant listed in Regulation .07D(2)—(21) of this chapter is detected at a level exceeding 0.0005 milligram/liter in any sample, the supplier of water to a community and nontransient noncommunity water system shall monitor quarterly at each sampling point which resulted in a detection. The Approving Authority may decrease the quarterly monitoring requirement pursuant to the requirements of 40 CFR §141.24(f)(11)(ii)—(v), which is incorporated by reference.

A supplier of water shall monitor for vinyl chloride in accordance with 40 CFR §141.24(f)(11)(v), which is incorporated by reference.

A supplier of water to a community and nontransient noncommunity surface water system which violates the requirements of Regulation .07D of this chapter, as determined by 40 CFR §141.24(f)(15), shall monitor quarterly in accordance with the requirements of 40 CFR §141.24(f)(12), which is incorporated by reference.

The supplier may monitor annually at the times specified in 40 CFR §141.24(f)(11)(iii) if the Approving Authority determines that the system is reliably and consistently below the maximum contaminant level in accordance with 40 CFR §141.24(f)(12).

Compliance with Regulation .07D of this chapter shall be determined pursuant to the requirements of 40 CFR §141.24(f)(15).

When a supplier of water has violated Regulation .07D of this chapter, as determined by §J(1) of this regulation, the supplier shall notify the Approving Authority as required by Regulation .19 of this chapter and give public notice as required by Regulation .20 of this chapter.

Demonstrate compliance with the MCLs within a period of time specified by the Approving Authority;

Comply with the initial sampling frequencies specified by the Approving Authority to ensure a system can demonstrate compliance with the MCL; and

Conduct routine and increased monitoring frequencies in accordance with the requirements in this regulation.

Initial Monitoring. A supplier of water to a community or nontransient noncommunity water system shall collect and analyze four consecutive quarterly samples for each contaminant listed in Regulation .07E of this chapter during each compliance period.

A supplier of water may use data collected after January 1, 1990, if the data are generally consistent with the requirements of 40 CFR §141.24(h), to satisfy the monitoring requirements of the initial compliance period. A single sample may be used to satisfy the requirement for four quarterly samples.

A supplier of water to a community or nontransient noncommunity water system serving fewer than 3,300 people that collected samples between October 6, 1992 and September 30, 1993, and did not detect any contaminant listed in Regulation .07E of this chapter shall be considered to have met the initial monitoring requirements of §B(1) of this regulation for each contaminant so analyzed and not detected.

A supplier of water to a community or nontransient noncommunity water system serving more than 3,300 persons may reduce the frequency of sampling to two quarterly samples in 1 year during each repeat compliance period, if there is no detection of a contaminant listed in Regulation .07E of this chapter in the initial monitoring period.

A supplier of water to a community or nontransient noncommunity water system serving less than or equal to 3,300 persons may reduce the frequency of sampling to one sample during each repeat compliance period, if there is no detection of a contaminant listed in Regulation .07E of this chapter in the initial monitoring period.

The Approving Authority may grant a waiver from the requirements of §B of this regulation to any supplier of water. The Approving Authority may grant a waiver after evaluating the factors specified in 40 CFR §141.24(h)(6), which is incorporated by reference.

For each compliance period, the Approving Authority shall reanalyze the conditions in accordance with the requirements of 40 CFR §141.24(h)(6) and, based upon this analysis, may terminate a waiver, in which case the supplier of water shall comply with §B of this regulation.

If an organic contaminant listed in Regulation .07E of this chapter is detected, as defined in 40 CFR §141.24(h)(18), which is incorporated by reference, in any sample, the supplier shall monitor quarterly for that contaminant at each sampling point which resulted in the detection.

The Approving Authority may reduce the monitoring requirements of §E(1) of this regulation to annual testing pursuant to the requirements of 40 CFR §141.24(h)(7)(ii) and (iii), which is incorporated by reference.

A supplier of water which is permitted to monitor annually by the Approving Authority shall monitor during the quarter that previously yielded the highest analytical result.

A supplier of water which has three consecutive annual samples with no detection of a contaminant is eligible for a waiver under §C of this regulation.

If monitoring results in the detection of either aldicarb, aldicarb sulfone, or aldicarb sulfoxide, then the supplier shall collect and analyze repeat samples for aldicarb, aldicarb sulfone, and aldicarb sulfoxide. If monitoring results in the detection of either heptachlor or heptachlor epoxide, then the supplier shall collect and analyze repeat samples for heptachlor and heptachlor epoxide.

A supplier or water to a community or nontransient noncommunity water system which exceeds the maximum contaminant levels of Regulation .07E of this chapter, as determined by 40 CFR §141.24(h)(11), shall monitor pursuant to the requirements of 40 CFR §141.24(h)(8), which is incorporated by reference. A minimum of four quarterly samples is required.

When the Approving Authority determines that a water system is reliably and consistently below the MCL, as determined by §G(1) of this regulation, following at least four quarterly samples showing that the system is in compliance, the supplier of water may reduce its monitoring to annual sampling with the approval of the Approving Authority.

Compliance with Regulation .07E of this chapter shall be determined by the Approving Authority pursuant to the requirements of 40 CFR §141.24(h)(11).

When a supplier of water has violated Regulation .07E of this chapter, as determined by §G(1) of this regulation, the supplier shall notify the Approving Authority as required by Regulation .19 of this chapter and give public notice as required by Regulation .20 of this chapter.

Demonstrate compliance with the MCLs within a period of time specified by the Approving Authority;

Comply with the initial sampling frequencies specified by the Approving Authority to ensure a system can demonstrate compliance with the MCL; and

Conduct routine and increased monitoring frequencies in accordance with the requirements in this regulation.

Community and Nontransient Noncommunity Water System Stage 1 Disinfection Byproducts Rule (DBPR) Compliance Dates.

Transient Noncommunity Water System Stage 1 DBPR Compliance Dates.

Stage 2 DBPR Compliance Dates. Systems shall comply with the requirements specified in §I of this regulation and 40 CFR §141.620 (Subpart V—Stage 2 Disinfection Byproduct).

Systems shall take all samples during normal operating conditions.

Systems may consider multiple wells drawing water from a single aquifer as one treatment plant for determining the minimum number of TTHM and HAA5 samples required.

Disinfection Byproduct Precursor. In order to qualify for reduced monitoring for TTHM and HAA5, Subpart H systems not monitoring under the provisions of 40 CFR §141.132(d) shall take monthly total organic carbon (TOC) samples every 30 days at a location prior to any treatment, beginning April 1, 2008, or earlier if specified by the State. In addition to meeting other criteria for reduced monitoring in 40 CFR §141.132(b)(1), the source water TOC running annual average shall be less than or equal to 4.0 mg/L (based on the most recent four quarters of monitoring) on a continuing basis at each treatment plant to reduce or remain on reduced monitoring for TTHM and HAA5.

Subpart H Systems Serving 10,000 or More Individuals.

Subpart H System Serving 500 to 9,999 Individuals or Ground Water System, Not GWUDI, Serving 10,000 or More Individuals and Using a Chemical Disinfectant.

Subpart H System Serving Fewer Than 500 Individuals or Ground Water System Serving Fewer Than 10,000 Individuals and Using a Chemical Disinfectant.

Systems on a reduced monitoring schedule shall resume routine monitoring at the frequency identified in §B(4), (5), or (6) of this regulation in the quarter immediately following the occurrence if:

Systems on an increased monitoring schedule may resume routine monitoring if the TTHM annual average is less than or equal to 0.060 milligram per liter and the HAA5 annual average is less than or equal to 0.045 milligram per liter.

A water system which exceeds the maximum contaminant levels of Regulation .07F(1)—(4) of this chapter as determined under 40 CFR §§141.133 and 141.64(b)(2)(i) shall increase monitoring to once per quarter per treatment plant during normal operating conditions.

Subpart H systems serving 10,000 or more individuals shall increase monitoring to at least four water samples per quarter per treatment plant during normal operating conditions.

A ground water system serving fewer than 10,000 individuals shall increase monitoring to at least one water sample per quarter during normal operating conditions if either the TTHM annual average is greater than or equal to 0.080 milligram per liter or the HAA5 annual average is greater than or equal to 0.060 milligram per liter.

Quarterly analyses shall be averaged arithmetically and reported to the Approving Authority. Compliance with Regulation .07F(1)—(4) of this chapter shall be determined based on a running annual average of quarterly samples pursuant to the requirements of 40 CFR §§141.133 and 141.134.

If a supplier of water has violated Regulation .07F of this chapter as determined by the average of sample results covering any 12-month period, the supplier shall notify the Approving Authority as required by Regulation .19 of this chapter and give public notice as required by Regulation .20 of this chapter.

Applicability. Community water systems and nontransient noncommunity water systems that use a primary or residual disinfectant other than ultraviolet light or deliver water that has been treated with a primary or residual disinfectant other than ultraviolet light, and certain consecutive systems, shall comply with the monitoring and other requirements of 40 CFR §§141.600—141.629, Subparts U and V, to achieve compliance with MCLs based on locational running annual averages (LRAA) for total trihalomethanes (TTHM) and haloacetic acids (five) (HAA5) and with maximum residual disinfectant levels for chlorine and chloramine.

Compliance Dates.

Monitoring and Compliance.

Reporting Requirements.

Recordkeeping Requirements. Systems shall retain any monitoring plans and monitoring results pursuant to 40 CFR §141.33.

As close to the first customer as possible in a location representative of average residence time; and

As close to the end of the distribution system as possible to reflect maximum residence time in the distribution system.

All monthly analyses shall be averaged arithmetically and reported to the Approving Authority. Compliance with Regulation .23D of this chapter shall be determined based on a running annual average computed quarterly of monthly averages of all samples under the requirements of 40 CFR §§141.133 and 141.134.

If a supplier of water has violated Regulation .23D of this chapter as determined by the quarterly averages of sample results covering any 4 consecutive quarters, the supplier shall notify the Approving Authority as required by Regulation .19 of this chapter and give public notice as required by Regulation .20 of this chapter.

In cases where systems switch between the use of chlorine and chloramines for residual disinfection during the year, compliance shall be calculated and determined by including together all monitoring results of both chlorine and chloramines. Reports submitted to the Approving Authority shall clearly indicate which residual was analyzed for each sample.

Within 48 hours the failure to comply with this chapter, including failure to comply with all monitoring and testing schedules that are required by the Approving Authority; and

Within 24 hours, information related to Tier 1 violations or situations, or Tier 2 turbidity violations.

A supplier of water which has exceeded the maximum contamination level for total coliform under Regulation .10 of this chapter shall report the violation to the Approving Authority before the end of the next business day after the supplier of water was notified of the violation until March 31, 2016.

When fecal coliform or E. coli are detected, or when a supplier of water assumes a total coliform-positive sample is positive for fecal coliform or E. coli, the supplier of water shall notify the Approving Authority by the end of the business day on which the supplier of water was notified of the results. If the supplier of water was notified of the fecal or E. coli result after the end of the business day, the supplier of water shall notify the Approving Authority by the end of the next business day until March 31, 2016.

A supplier of water which has failed to comply with a coliform monitoring or sanitary survey requirement shall report the violation to the Approving Authority within 10 days after the supplier of water discovers the violation.

Reporting for E. coli After April 1, 2016.

A supplier that has violated the treatment technique for coliforms in Regulation .11-4I of this chapter shall report the violation to the Approving Authority no later than the end of the next business day after it learns of the violation, and notify the public in accordance with subpart Q of 40 CFR §141.

A supplier required to conduct an assessment under the provisions of Regulation .11-4I of this chapter shall submit the assessment report within 30 days. The supplier shall notify the Approving Authority in accordance with Regulation .11-4I of this chapter when each scheduled corrective action is completed for corrections not completed by the time of submission of the assessment form.

A supplier that has failed to comply with a coliform monitoring requirement shall report the monitoring violation to the Approving Authority within 10 days after the supplier discovers the violation, and notify the public in accordance with subpart Q of 40 CFR §141.

A seasonal system shall certify, prior to serving water to the public, that it has complied with the Approving Authority-approved start-up procedure.

In addition to the requirements of 40 CFR §141.31, a ground water supplier regulated under 40 CFR §141 Subpart S shall provide the following information to the Approving Authority:

Submit to the Approving Authority a representative copy of the initial public notice and any repeat notices; and

Submit a certification that the public information requirements have been met and include a representative copy of each type of notice distributed, published, posted, and made available to individuals served by the water system and the media.

Suppliers of water that monitor for lead shall comply with the reporting requirements set forth in 40 CFR §141.90, including the following:

If a system exceeds the lead action level, the water supplier shall submit written documentation of material evaluation that identifies the initial number of lead service lines in the distribution system at the time the action level is exceeded. This documentation shall be provided to the Approving Authority within 12 months after the end of the monitoring period in which the exceedance occurred.

Each supplier of water shall give notice for all violations of national primary drinking water regulations (NPDWR) and for the situations identified in Table 1 of 40 CFR §§141.201 and 141.211, Subpart Q.

The type of public notification required is determined by the tier to which it is assigned, as follows:

Each supplier of water must provide public notice as described in 40 CFR Part 141, Subpart Q, to persons served by the water system. A supplier of water that sells or otherwise provides drinking water to other public water systems is required to give public notice to the owner or operator of the consecutive system. The consecutive system shall provide notice to the individuals it serves.

If a supplier of water has a violation in a portion of the distribution system that is physically or hydraulically isolated from other parts of the distribution system, the Approving Authority may allow the supplier to limit the distribution of the public notice to individuals served by the portion of the system that is out of compliance. If the Approving Authority grants permission for limiting distribution, it shall issue the permission in writing.

A copy of the notice shall be filed with the Approving Authority as specified in Regulation .19F of this chapter.

The violation categories requiring Tier 1 notices are specified in 40 CFR §141.202 and include:

Manner of Tier 1 Notice. A supplier of water shall:

Noncommunity ground water systems.

The violation categories requiring Tier 2 notices are specified in Table 1 of 40 CFR §§141.203 and 141.211, and include:

Manner of Tier 2 Notice. A supplier of water shall:

If notice is posted under §L(2)(a) of this regulation, the notice shall remain in place for as long as the violation persists, but not fewer than 7 days.

Unless otherwise directed by the Approving Authority, a community water system shall provide notice by:

Unless otherwise directed by the Approving Authority, a noncommunity water system shall provide notice by:

The violation categories and other situations requiring Tier 3 notices are specified in 40 CFR §141.204 and include:

Manner of Tier 3 Notice.

Each public notice shall meet the requirements as described in 40 CFR §141.205, and shall include the following information:

Each public notice:

As described in Regulation .20E(1)(j) of this chapter, a water supplier shall include the following language, if applicable:

A supplier of water shall give a copy of the most recent public notice for any continuing violation, the existence of a variance or exemption, or other ongoing situations requiring public notice to all new billing units or new customers. Noncommunity systems shall continue to post the public notice in conspicuous locations to inform new consumers.

A supplier of water shall notify individuals served by the system of the availability of unregulated contaminant monitoring results under 40 CFR §141.40 not later than 12 months after the monitoring results are known. The notice shall:

A supplier of water to a community water system shall notify individuals served by the system of fluoride levels that exceed the secondary maximum contaminant level of 2 milligrams per liter as determined by the last single sample taken in accordance with Regulation .14 of this chapter, but does not exceed the maximum contaminant level for fluoride. The public notice shall:

A supplier of water to a noncommunity water system shall notify persons served by the system that the Approving Authority has granted permission for the system to exceed nitrate levels of 10 milligrams per liter in the drinking water. The public notice shall be posted continuously as specified in 40 CFR §141.209.

The Approving Authority may give the required notice of this regulation on behalf of the supplier of water.

A supplier of water that is required to monitor source water under 40 CFR §141.701 shall notify persons served by the system that monitoring has not been completed as specified not later than 30 days after the system failed to collect any 3 months of monitoring, and, if applicable, a supplier of water shall notify persons served by the system that the bin determination has not been made as required. The form and manner of notification shall meet the requirements of a Tier 2 notice as specified in §C of this regulation and the requirements of 40 CFR §141.211.

Suppliers shall submit a press release to newspaper, television and radio stations twice every 12 months on a schedule agreed upon with the State.

The Approving Authority may extend the activities §C of this regulation beyond the 60 day requirement if the extension is approved in writing by the State in advance of the 60 day deadline. This extension is only appropriate if the system has initiated public education activities prior to the end of the 60 day deadline.

Suppliers must repeat public education tasks in §D of this regulation twice every 12 months on a schedule agreed upon with the Approving Authority.

Activities in §D of this regulation may be extended beyond the 60 day requirement by the Approving Authority if the extension is approved in writing by the Approving Authority in advance of the 60 day deadline, and only if the system has initiated public education activities prior to the end of the 60 day deadline.

By April 1, 2001, for the 2000 report, and by April 1 annually thereafter; or

On a date mutually agreed upon by the seller and the purchaser, and specifically included in a contract between the parties.

An annual report issued under this regulation shall provide a report that contains the information specified in 40 CFR §§141.153, 141.154, and 141.211. The report does not replace the function of the Public Notice requirements under Regulation .20 of this chapter. This information includes, but is not limited to, the requirements in §E(2)—(9) of this regulation.

Required Language and Information.

Information on Source Water.

Definitions for the following shall be included in the report:

Information on Detected Contaminants.

In addition to the public notification requirements established under Regulation .14 of this chapter, the report shall note any violation that occurred during the year covered by the report, and include a clear and readily understandable explanation of the violation, any potential adverse health effects, and the steps the system has taken to correct the violation and other related information as follows:

Explanation of Contaminants.

The report shall contain:

Special Public Notice for Ground Water Suppliers. Community ground water suppliers shall inform the public served by the water supplier about a fecal indicator-positive source sample that is not invalidated under Regulation .11-2G of this chapter, or any significant deficiency that has not been corrected, in accordance with the requirements of 40 CFR §§141.153(h)(6) and 141.403(a). The supplier shall continue to inform the public annually until the Approving Authority determines that the particular significant deficiency is corrected or the fecal contamination in the ground water source is addressed in accordance with Regulation .05-5C of this chapter.

Any system required to comply with a Level 1 or Level 2 assessment requirement under Regulation .11-4 of this chapter that is not due to an E. coli MCL violation shall include the information specified in 40 CFR §141.153(h)(7).

Except as provided in §H of this regulation, each supplier of water to a community water system shall mail or otherwise directly deliver one copy of the report to each customer.

The supplier of water to a community water system shall make a good faith effort to reach consumers who do not get water bills, using means recommended by the Approving Authority. Good faith effort will be tailored to the consumers who are served by the system but are not bill-paying customers, such as renters or workers. A good faith effort to reach consumers would include a mix of methods appropriate to the particular system, such as:

Not later than the date the system is required to distribute the report to its customers, each supplier of water for a community water system shall mail a copy of the report to the Approving Authority, followed within 3 months by a certification that the report has been distributed to customers, and that the information is correct and consistent with the compliance monitoring data previously submitted to the Approving Authority.

Not later than the date the system is required to distribute the report to its customers, each community water system shall deliver the report to any other agency or clearinghouse identified by the Approving Authority.

Each community water system shall make its reports available to the public upon request.

Each community water system serving 100,000 or more persons shall post its current year's report to a publicly accessible site on the Internet.

Any supplier of water subject to this regulation shall retain copies of its consumer confidence report for not less than 3 years.

Publish the reports in one or more local newspapers serving the area in which the system is located;

Publish a notice in the newspaper, or by other means approved by the State, that informs the customers that the reports will not be mailed; and

Make the reports available to the public upon request.

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

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

Date of analysis;

Laboratory and person responsible for performing analysis;

The analytical technique/method used; and

The results of the analysis.

Documentation of corrective actions. Documentation shall be kept for a period of not less than 10 years.

Documentation of notice to the public as required under Regulation .20-2E(9). Documentation shall be kept for a period of not less than 3 years.

Records of decisions under Regulation .11-2D(5)(b) of this chapter and records of invalidation of fecal indicator-positive ground water source samples under Regulation .11-2G of this chapter. Documentation shall be kept for a period of not less than 5 years.

For consecutive systems, documentation of notification to the wholesale system(s) of total-coliform positive samples that are not invalidated under 40 CFR §141.21(c) until March 31, 2016, or under 40 CFR §141.853 beginning April 1, 2016. Documentation shall be kept for a period of not less than 5 years.

For systems, including wholesale systems that are required to perform compliance monitoring under Regulation .11D of this chapter:

The supplier shall 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 Regulation .11-4H of this chapter for Approving Authority review. This record shall be maintained by the supplier for a period not less than 5 years after completion of the assessment or corrective action.

The supplier shall maintain a record of any repeat sample taken that meets Approving Authority criteria for an extension of the 24-hour period for collecting repeat samples as provided for under Regulation .11-4H(1)(a) of this chapter.

Sampling and analysis of residual disinfectant concentrations shall be conducted as set forth in 40 CFR §141.74(a)(2) or 141.131(c) or with DPD colorimetric test kits using protocol approved by the Approving Authority.

Consecutive systems that do not add a disinfectant but deliver water that has been treated with a primary or residual disinfectant other than ultraviolet light, shall comply with the following requirements:

Maximum residual disinfectant levels (MRDLs) are as follows:

CWSs and NTNCWSs. Subpart H systems serving 10,000 or more individuals shall comply with this regulation beginning January 1, 2002. Subpart H systems serving fewer than 10,000 individuals and systems using only ground water not under the direct influence of surface water shall comply with this regulation beginning January 1, 2004.

Regulation being violated;

Corrective action required from the supplier of water; and

Period of time in which the violation shall be corrected.

A sanitary survey is an on-site review of the water source (identifying sources of contamination by using results of source water assessments where available), facilities, equipment, operation, maintenance, and monitoring compliance of a public water system (PWS) to evaluate the adequacy of the PWS, its sources and operations, and the distribution of safe drinking water.

For the purposes of this section, a significant deficiency includes a defect in design, operation, or maintenance, or a failure or malfunction of the sources, treatment, storage, or distribution system that the Approving Authority determines to be causing, or has the potential for causing, the introduction of contamination into the water delivered to consumers.

After conducting a sanitary survey and completing a report, the Approving Authority may require the supplier of water to take corrective action to resolve deficiencies noted in the sanitary survey. Suppliers of water shall provide a plan for compliance on or before 45 days from the receipt of the report to indicate how and on what schedule the system the will address significant deficiencies noted in the survey. The plan for compliance shall be in writing and shall present the timetable and the manner for completing the corrective action specified by the sanitary survey report. The supplier of water is not in violation of the notice or order if the Approving Authority approves the plan for compliance and the supplier of water fulfills the conditions of the plan for compliance.

Suppliers of water shall correct significant deficiencies identified in sanitary surveys according to the schedule approved by the Approving Authority, or if there is no approved schedule, according to the schedule reported pursuant to 40 CFR §141.723(c) if such deficiencies are within the control of the system.

A composite correction program includes a comprehensive performance evaluation and a correction program. The comprehensive performance evaluation shall:

For purposes of compliance with 40 CFR Part 141, Subparts P and T, the comprehensive performance evaluation shall consist of at least the following components:

As specified in 40 CFR Part 141, Subparts P and T, the Approving Authority may require a composite correction program for a Subpart H water system with any individual filter that has a measured turbidity level of greater than 2.0 NTU in two consecutive measurements taken 15 minutes apart at any time in each of 2 consecutive months.

The plan for compliance shall:

Lead from piping, solder, caulking, interior lining of the distribution mains, alloys, and home plumbing;

Copper from piping and alloys, service lines, and home plumbing;

Galvanized piping, service lines, and home plumbing;

Ferrous piping materials such as cast iron and steel;

Asbestos cement pipe;

Vinyl lined asbestos cement pipe; and

Coal tar lined pipes and tanks.

Water suppliers may not begin construction of uncovered finished water storage facilities.

Systems using uncovered finished water storage facilities shall comply with 40 CFR §141.714.

Systems shall notify the Approving Authority of the use of each uncovered finished water storage facility not later than April 1, 2008.

For each uncovered finished water storage facility, systems shall meet the following conditions, or be in compliance with a schedule approved by the Approving Authority to meet these conditions, not later than April 1, 2009:

Systems shall report the use of uncovered finished water storage facilities to the Approving Authority as described in 40 CFR §141.714.

Systems shall keep the results of treatment monitoring associated with uncovered finished water reservoirs under 40 CFR §141.714 for 3 years.

Failure to comply with the requirements of this section is a violation of the treatment technique requirement.

Chemical or substance added to a public water supply;

Materials used in the manufacture of public water supply components or appurtenances; or

Pipe, storage tank, valve, fixture, or other materials which come in contact with water intended for use in public water supply.

If the product meets the applicable American National Standards Institute (ANSI)/National Sanitation Foundation (NSF) standards for direct or indirect drinking water additives; or

If the product is certified by an organization having a third-party certification program accredited by the American National Standards Institute (ANSI) to meet criteria that are at least as stringent as those in §C(1) of this regulation.

This regulation applies to the owner of a new system that applies for a construction permit as required by COMAR 26.03.12 on or after October 1, 1999.

A system that has infrastructure in place before October 1, 1999, and then becomes a community water system or a nontransient noncommunity water system by the addition of new users or connections is not subject to this regulation.

The owner of a new system subject to this regulation shall comply with the requirements of this regulation by including the information in §§C—K of this regulation with the application for a construction permit required under Environment Article, §9-204, Annotated Code of Maryland.

The Department may not issue a construction permit if the information required by §§C—K of this regulation is not submitted by the owner and approved by the Department.

A site plan for all water supply sources including:

An identification of the municipality, area, or facility to be served by the proposed system;

Provisions for future extension or expansion of the water system; and

Proposed treatment processes including:

An analysis of the ability of the proposed and existing sources to reliably meet average, maximum daily, and instantaneous peak demands based upon existing conditions and conditions 10 years in the future;

Determination of the safe yield of the sources of supply;

For systems purchasing water, a copy of the agreement with the supplier that demonstrates the reliability and adequacy of the water supply; and

Characterization of the water quality of the sources of supply, including comparison of the water quality data to established or proposed drinking water standards.

A description of all treatment and transmission facilities, including pumping stations and storage facilities, and including the useful life of each piece of equipment; and

An equipment replacement plan including expected replacement dates and costs.

An organizational chart showing all aspects of water system management and operation;

A description of the responsibilities of all staff;

A demonstration that the system will comply with the operator certification requirements listed in COMAR 26.06.01; and

A plan for providing on-going training to all managers and operators.

The owner of a new system subject to the requirements of this regulation shall submit an operations plan. Community water systems shall comply with the requirements of §G(1)(a) and (b) of this regulation. Nontransient noncommunity water systems shall comply with the requirements of §G(1)(a)(i)—(v) of this regulation. An operations plan shall include:

The owner of a new system shall implement the operations plan.

Ownership and easement documentation shall include:

If pipelines are to be located in public or dedicated streets and roads, the applicant shall:

Community water systems shall submit an emergency management plan consisting of the following:

Nontransient noncommunity water systems shall submit an emergency management plan containing the names and phone numbers of the people responsible for action in the event of an emergency and for emergency sources of potable water.

The owner of a new system subject to the requirements of this regulation shall submit a financial plan. Community water systems shall comply with the requirements of §K(2)—(4) of this regulation. Nontransient noncommunity water systems shall comply with the requirements of §K(5) of this regulation.

The financial plan for a community water system shall include a revenue and expenditure analysis that compares all anticipated water system revenues with planned expenditures for a 5-year period and describe the water system's:

The financial plan shall demonstrate that:

To satisfy the requirements of §K(3) of this regulation, the financial plan shall at a minimum set forth:

The financial plan for a nontransient noncommunity water system shall include detailed operational cost estimates and a reliable source of revenue.

“Approving Authority” means the Secretary of the Department of the Environment or the Secretary’s designee.

“Aquifer” means any formation of soil, sand, rock, gravel, limestone, sandstone, or other material, or any crevice from which underground water is or may be produced.

“At-grade system” means an on-site sewage disposal system utilizing a raised bed of gravel over the natural soil surface with a distribution system constructed so as to distribute sewage equally along the length of the gravel bed.

“Best Available Technology for Removal of Nitrogen (BAT)” means a technology that has been approved by the Department as a best available technology for removing nitrogen from onsite sewage disposal systems.

“Certified service provider” means an individual who is certified by the Department to perform operation and maintenance on BAT systems.

“Chemical toilet” means a toilet arranged to receive the nonwater-carried human waste directly into a deodorizing and liquefying chemical in a watertight tank.

“Cistern” means a covered tank in which rain water from roof drains is stored for household or other purposes.

“Community sewerage system” means any system, whether publicly or privately owned, serving two or more individual lots for the collection and disposal of domestic sewage or domestic sewage combined with industrial waste including various devices for the treatment of that sewage.

“Community water supply system” means a source of water and distribution system, including treatment facilities and storage facilities whether publicly or privately owned, serving two or more individual lots.

“Confined aquifer” means an aquifer bounded above and below by beds of distinctly lower permeability than that of the aquifer itself and which contains ground water under pressure greater than that of the atmosphere. This term is synonymous with the term “artesian aquifer”.

“Contamination” means the introduction into water of any substance, which may transfer infectious agents or other foreign substances (organic, inorganic, radiological, or biological), in concentrations which may constitute a health hazard or impair the usefulness of the water.

“Controlled hazardous substance” means a substance identified as a hazardous substance by the Department of the Environment pursuant to Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland, and COMAR 26.13.01.03B(26).

“Conventional on-site sewage disposal system” is a system that meets current regulations and includes a sewage treatment unit or BAT with standard trench or deep trench subsurface irrigation, a seepage pit on-site disposal or a sand mound system under Regulation .05 of this chapter, or an at-grade system under Regulation .05 of this chapter.

“County water and sewer plan” means a comprehensive plan and all amendments and revisions of it as required by Environment Article, Title 9, Subtitle 5, Annotated Code of Maryland, for the provision of adequate water and sewerage systems, whether publically or privately owned throughout the county, including towns, municipal corporations, and sanitary districts in the county.

“Deep trench” means a trench having perforated pipe in which the trench side wall and bottom area are used to calculate the absorptive area in the system design. At least 2 inches of gravel/stone covers the pipe and extends throughout the depth of absorptive side wall to the trench bottom.

“Domestic sewage” means the liquid or water carried wastes derived from dwellings, including floating homes, business buildings, institutions, and the like, exclusive of wastes derived from industrial processes.

“Floating home” means any vessel, whether self-propelled or not, which is:

“Fall line” means the contact between the unconsolidated sediments of the coastal plain physiographic province and the crystalline rocks of the Maryland Piedmont physiographic province (see the map of Maryland Physiographic Provinces and Their Divisions in this chapter), and is approximated by the line connecting the numerous waterfalls and rapids in adjacent streams.

“Flood plain soils” are those soils that are listed in the soil survey as either having a flood hazard or being susceptible to flooding.

“Grease intercepter” means a receptacle designed to collect and retain grease and fatty substances normally found in kitchen or similar wastes.

“Ground water” means underground water in a zone of saturation.

“Hazardous substance” means any matter:

“Holding tank” means a watertight receptacle which is used, or intended to be used, for the collection of sewage.

“Liquid waste hauler” means a person engaged in the business of cleaning and emptying septic tanks, holding tanks, seepage pits, privies, or any other on-site disposal facility.

“Membrane Bioreactors (MBR)” is a treatment technology that combines the biological-activated sludge process and the membrane filtration process and that is capable of reducing the 5 day biochemical oxygen demand (BOD5 ), total nitrogen (TN), and total suspended solids (TSS) concentrations in wastewater effluent to less than 1 mg/l of TSS, less than 3 mg/l of TN, and less than 3 mg/l of BOD5.

“Mobile home” means a structure that can be used with or without a permanent foundation, is transportable in one or more sections, built on a permanent chassis, and is designed to be used as a dwelling when connected to the required utilities.

“Non-conventional on-site sewage disposal systems” are experimental systems and innovative technologies not currently described in these regulations that are undergoing evaluation by the Department of the Environment and the Approving Authority.

“On-site disposal” means the disposal of sewage effluent beneath the land surface.

“On-site sewage disposal system” means a sewage treatment unit, collection system, disposal area, and related appurtenances related to on-site sewage disposal.

“Percolation test” means a procedure used to determine the rate of movement of water through soil at the depth of installation of a proposed on-site sewage disposal system.

“Permeability” means the capability of a soil, rock, aquifer, or confining bed to transmit waters or air.

“Person” means an individual, partnership, firm, corporation, cooperative enterprise, or a governmental agency.

“Pollution” means any contamination or other alteration of the physical, chemical, or biological properties of any ground or surface waters of this State, including a change in temperature, taste, color, turbidity, or odor of the waters or the discharge or deposit of any organic matter, harmful organism, or liquid, gaseous, solid, radioactive, or other substance onto the ground surface or into any waters of this State that will render the ground or waters harmful or detrimental to:

“Potable water” means water which is free from substances or agents which may cause disease or harmful physiological effects, and which complies with the bacteriological and chemical quality requirements of COMAR 26.04.01 and 26.04.04.

“Privy” means an earth or watertight pit or receptacle for receiving nonwater-carried human wastes over which is placed a privy house containing a seat or seats.

“Sand mound system” means an on-site sewage disposal system utilizing a raised bed of sand fill with a distribution system constructed so as to distribute sewage equally into the sand fill.

“Seepage pit” means a dug or drilled hole extending into porous soils for the purpose of introducing sewage effluent into the ground.

“Septage” means the liquid and solid material pumped or removed from chemical toilets, septic tanks, seepage pits, privies, cesspools, or holding tanks when the system is cleaned and maintained.

“Septic tank” means a watertight receptacle which receives the discharge of sewage from a building sewer or part of it and is designed and constructed to permit the settling and the digestion of the organic matter by anaerobic bacterial action.

“Sewage” means water-carried human, domestic and other wastes and includes all human and animal excreta.

“Sewage treatment unit” means a device designed and constructed to receive sewage and to provide treatment to reduce organic and inorganic matter and includes septic tanks, BAT, aerobic treatment units, or any other approved devices.

“Sewer” means the system of pipes, lift stations, and other appurtenances that receive and convey sewage and is designed to exclude stormwater, surface water, and ground water.

“Site evaluation” means the inventory and review of all site characteristics pertinent to on-site sewage disposal systems including topography, geology, surface and subsurface drainage, seasonal high water table, drinking water sources and wells, proximity to waters of the State, soil evaluation and percolation tests.

“Soil evaluation” means a description of the physical properties of a soil including color, texture, structure, limiting horizons, and percolation rates.

“Soil survey” means the scientific inventory of soil maps, soil unit descriptions, classification in the national system, and interpretation for use, as conducted by the National Cooperative Soil Survey by the United States Department of Agriculture, Natural Resources Conservation Service, in cooperation with the Maryland Agricultural Experiment Station.

“Spring” means groundwater seeping out of the earth where the water table intersects the ground surface.

“Standard trench” or shallow trench means a trench having either at least 6 inches of gravel or stone beneath and at least 2 inches over the perforated pipe or at least 6 inches air space beneath an open chamber. Only the bottom area is used to calculate the absorptive area in the design of a standard trench.

“Stream” means a perennial or intermittent watercourse of groundwater origin.

“Subsurface sewage disposal” means the process of on-site sewage disposal in which the sewage effluent is applied to land by distribution beneath the surface through perforated pipes or pressurized pipes and includes a standard trench, deep trench, sand mound or at-grade system.

“Unconfined aquifer” means an aquifer not bounded above by a bed of distinctly lower permeability than that of the aquifer itself and containing ground water under pressure approximately equal to that of the atmosphere. This term is synonymous with the term “water table aquifer”.

“Unconsolidated material” means uncemented soil and sediment material having not more than 70 percent coarse fragments (greater than 2 millimeters) by weight or 50 percent coarse fragments (greater than 2 millimeters) by volume. Volume is estimated by visual comparison with a standard chart.

“Water supply system” means a system that provides water for human consumption through pipes or other constructed conveyances and includes all sources of water that are or may be used as potable water including wells, springs, cisterns, or other sources and their appurtenances, such as, pitless adaptors, pumps, pressure tanks, water lines, and treatment and storage facilities.

“Well” means any hole that extends more than 20’ below the ground surface to explore for ground water, to obtain or monitor ground water, or to inject water into any underground formation from which ground water may be produced or to transfer heat to or from the ground or groundwater.

Notwithstanding any other provision of this regulation, the Department may approve an on-site sewage disposal system:

If the Department has approved a county’s groundwater protection plan, a sewage disposal system may be installed with less than a 4-foot treatment zone in a coastal plain county if the system complies with a groundwater protection report incorporated in the county’s master water and sewerage plan. These counties include Talbot, Dorchester, Wicomico, Worcester, Somerset, Caroline, and Queen Anne’s. A maximum density requirement of 160 residences or its equivalent per square mile for ground water protection shall apply in these areas for lots where direct ground water penetration is used for sewage disposal.

Only the following may be used as a water supply for residential and other establishments not served by a community system:

A spring or dug well may not be used as a water supply for a new homesite.

A cistern may not be used as a potable water supply.

A well for a new construction, addition, or alteration and a potential source of contamination shall meet the minimum setback requirements established in COMAR 26.04.04.

The owner of an abandoned well shall properly fill and seal the well in compliance with the requirements of COMAR 26.04.04.11.

Whether the proposed building is directly related to and necessary to protect the public safety;

Whether the proposed building supplies any critical public service;

The volume and character of the waste to be generated, and, its ultimate disposal; and

The expected length of time the holding tank will be in service before a conventional disposal mode is available.

A community sewerage facility is not available and on-site repair is not possible.

The dwelling unit is presently legally occupied by the owner or some other person who has permission of the owner or is vacant, but could be occupied by the owner or some other person who has permission of the owner.

The dwelling is physically occupied in compliance with all required occupancy permits, except for any permit or permit requirement relating directly to the sewage disposal system. If no occupancy permit is required, a dwelling unit is legally if it is physically occupied.

The dwelling has all required governmental approvals relating to its size (including all enclosed floor space) and location.

The square footage of the original dwelling may is not increased.

The estimated daily sewage flow may not be increased beyond the proven historical use.

The dwelling does not require major repairs.

The dwelling is existing if it has been occupied year round within 3 years prior to the date of an application for approval of a sewage disposal system. The approving authority may grant a variance if:

Issued both an on-site sewage disposal permit and a well construction permit for facilities served by an on-site sewage disposal system and a private water supply system;

Issued an on-site sewage disposal permit for facilities served by an on-site sewage disposal system and a public water supply system;

Issued a well construction permit for facilities served by a private water supply system and public sewerage; or

Certified the existing on-site sewage disposal and water supply systems as capable of treating and disposing the existing sewage flows and meeting the water demand and any reasonable foreseeable increase in sewage flows or water demand. The Approving Authority shall consider the number of bedrooms, total enclosed living space and changes that affect the volume or character of the wastewater in making this determination.

In determining whether to approve a lot or parcel for on-site sewage disposal the Approving Authority shall consider the following site evaluation criteria:

The applicant shall submit, or make available, all soils information, design specifications and other data that the Approving Authority may require to complete its permit review responsibilities.

The applicant shall make available to the Approving Authority all information on private soil testing and environmental factors on the property that may impact onsite sewage disposal or potable drinking water supplies.

A site evaluation is conducted, and the results are evaluated, in accordance with the following requirements:

Conventional on-site sewage disposal systems may not be approved where there is less than 4 feet of unsaturated, unconsolidated material sufficient to attenuate effluent below the bottom of the on-site sewage disposal system except as provided in §C(2) of this regulation and Regulation .05V of this chapter.

In the coastal plain province where 4 feet of unsaturated, unconsolidated material sufficient to attenuate effluent below the bottom of the on-site sewage disposal system is not available, the Approving Authority may identify areas where on-site sewage disposal systems using less than 4 feet of unsaturated soil may be allowed, if:

All the following criteria are required for all areas in which aquifers have been designated, pursuant to §C(2) of this regulation, for installation of on-site sewage disposal systems using less than 4 feet of unsaturated soil below the bottom of the sewage disposal field or pit:

The area is adequate for the installation of an initial and two replacement on-site sewage disposal systems; and

For each dwelling unit, or other buildings for human occupation, the area shall not be less than 10,000 square feet.

The area is adequate for the installation of an initial and one replacement on-site sewage disposal system; and

For lots created subject to a minimum 10,000 square foot sewage disposal area, a minimum 10,000 square foot area is maintained.

The sewage disposal system is at least 100 feet removed from any water well system in unconfined aquifers and 50 feet from any water well system in confined aquifers.

The on-site sewage disposal system is located downgrade from a private water supply. A variance to this requirement may be granted by the Department of the Environment after consideration of hydrogeologic conditions and recommendations of the Approving Authority.

A residential septic tank shall have a minimum of two compartments or two tanks in series.

A residential septic tank shall be made of materials and constructed in a manner acceptable to the Approving Authority.

A residential septic tank shall be watertight. Manufacturers shall certify that septic tanks are watertight. The Approving Authority may require one of the following tests to determine watertightness.

Flows of 1,500 gallons per day (gpd) or greater: V = 1,125 gallons + 0.75Q where V = minimum septic tank volume, Q = estimated daily peak sewage flow;

Flows of less than 1,500 gallons per day (gpd): V = 1.5 Q; and

1,000 gallons is the minimum septic tank capacity.

Pressure distribution systems, including sand mound and at-grade systems, have a pump that provides adequate capacity for handling peak flow at the design head. The design head shall include static head, friction head, and an additional 2 feet of discharge head.

The pump is installed to allow the sewage to drain back to the pumping chamber from the distribution system to prevent freezing. Use of check valves is not recommended.

A pump is used that can resist the corrosive effects of septic tank effluent.

A minimum of 6 inches is provided between the pump intake and the floor of the pumping chamber.

The pump is constructed and located to prevent the entrance of surface water or ground water.

The dosing frequency is approximately 6 times a day.

A minimum of 1-day storage capacity is provided above the high water alarm.

A high water alarm is installed within the pumping chamber and wired on a circuit separate from that of the pump.

The pumping chamber provides adequate volume to store the sewage between doses.

The pump control sensor is located so that it is not affected by flow entering the pump chamber.

A domestic, commercial, or institutional establishment with effluent quality stronger than 300 mg/l biological oxygen demand or 300 mg/l suspended solids shall employ a pretreatment unit to pretreat the effluent to a maximum of 300 mg/l biological oxygen demand and 300 mg/l suspended solids.

Maximum loading rates are based on wastewater with the equivalent strength of typical domestic sewage.

The maximum loading rates for on-site disposal of sewage by sewage disposal systems are as follows:

Approval of Standard Trench System. A standard trench system may be approved by the Approving Authority if an adequate treatment zone and absorptive area are available. The system size is based on bottom absorptive area only.

Standard trench length = a ÷ w

Minimum distance, sidewall to sidewall, between standard trenches is at least 6 feet of undisturbed soil between 2-foot wide trenches and 9 feet between 3-foot wide trenches.

Approval of Deep Trench Systems. A deep trench system may be approved by the Approving Authority when sufficient soils are available to allow the use of side walls in determining minimum absorption area requirements and an adequate treatment zone is available.

Deep trench length = [(w+2) ÷ (w+1+2d)] × a ÷ w

Minimum distance, sidewall to sidewall, between deep trenches shall be two times the effective absorptive depth of gravel in the deepest trench or 18 feet, whichever is the lesser distance. The distance between trenches may not be less than 10 feet.

Property with an accumulative maximum daily flow of 5,000 gpd or greater, served by onsite sewage disposal, is a large onsite sewage disposal system.

An applicant for a large onsite sewage disposal system with a maximum daily flow of 10,000 gpd, or more, shall obtain an Individual Groundwater Discharge Permit from MDE. The Department may require an applicant for a system with a maximum daily flow of less than 10,000 gpd to obtain an Individual Groundwater Discharge Permit if specific project characteristics warrant additional monitoring or control or special permit requirements.

An application for a large on-site sewage disposal system is submitted by the property owner, or property owner’s agent, to the Approving Authority and MDE. Evaluation and review of an application is performed jointly by the Approving Authority and MDE.

A large system incorporates uniform low-pressure distribution with dosing and resting features in its design and construction.

Suitable sewage disposal area is set aside for the installation of an initial and two replacement systems at 100 percent of the peak daily flow.

The initial installation is designed and constructed for 150 percent of the peak daily flow.

A nitrogen balance analysis for the groundwater system is performed by a qualified professional and submitted to the Approving Authority and MDE. The nitrogen concentration at the property line or at any point adjacent to a water course does not exceed 10 mg per liter.

A mounding analysis is performed by a qualified professional and submitted to the Approving Authority and MDE. The 20-year mound height is estimated and does not rise to a point where the minimum required separation distance between the bottom of the system and the water table is not maintained.

The criteria for a sand mound system are:

The Approving Authority may require the depth to groundwater or fractured rock to be greater than 2 feet below the ground surface to ensure proper operation of a sand mound system if the Approving Authority determines that local conditions make greater depths necessary.