Title 40

SECTION 141.701

141.701 Source water monitoring.

§ 141.701 Source water monitoring.

(a) Initial round of source water monitoring. Systems must conduct the following monitoring on the schedule in paragraph (c) of this section unless they meet the monitoring exemption criteria in paragraph (d) of this section.

(1) Filtered systems serving at least 10,000 people must sample their source water for Cryptosporidium, E. coli, and turbidity at least monthly for 24 months.

(2) Unfiltered systems serving at least 10,000 people must sample their source water for Cryptosporidium at least monthly for 24 months.

(3)(i) Filtered systems serving fewer than 10,000 people must sample their source water for E. coli at least once every two weeks for 12 months.

(ii) A filtered system serving fewer than 10,000 people may avoid E. coli monitoring if the system notifies the State that it will monitor for Cryptosporidium as described in paragraph (a)(4) of this section. The system must notify the State no later than 3 months prior to the date the system is otherwise required to start E. coli monitoring under § 141.701(c).

(4) Filtered systems serving fewer than 10,000 people must sample their source water for Cryptosporidium at least twice per month for 12 months or at least monthly for 24 months if they meet one of the following, based on monitoring conducted under paragraph (a)(3) of this section:

(i) For systems using lake/reservoir sources, the annual mean E. coli concentration is greater than 10 E. coli/100 mL.

(ii) For systems using flowing stream sources, the annual mean E. coli concentration is greater than 50 E. coli/100 mL.

(iii) The system does not conduct E. coli monitoring as described in paragraph (a)(3) of this section.

(iv) Systems using ground water under the direct influence of surface water (GWUDI) must comply with the requirements of paragraph (a)(4) of this section based on the E. coli level that applies to the nearest surface water body. If no surface water body is nearby, the system must comply based on the requirements that apply to systems using lake/reservoir sources.

(5) For filtered systems serving fewer than 10,000 people, the State may approve monitoring for an indicator other than E. coli under paragraph (a)(3) of this section. The State also may approve an alternative to the E. coli concentration in paragraph (a)(4)(i), (ii) or (iv) of this section to trigger Cryptosporidium monitoring. This approval by the State must be provided to the system in writing and must include the basis for the State's determination that the alternative indicator and/or trigger level will provide a more accurate identification of whether a system will exceed the Bin 1 Cryptosporidium level in § 141.710.

(6) Unfiltered systems serving fewer than 10,000 people must sample their source water for Cryptosporidium at least twice per month for 12 months or at least monthly for 24 months.

(7) Systems may sample more frequently than required under this section if the sampling frequency is evenly spaced throughout the monitoring period.

(b) Second round of source water monitoring. Systems must conduct a second round of source water monitoring that meets the requirements for monitoring parameters, frequency, and duration described in paragraph (a) of this section, unless they meet the monitoring exemption criteria in paragraph (d) of this section. Systems must conduct this monitoring on the schedule in paragraph (c) of this section.

(c) Monitoring schedule. Systems must begin the monitoring required in paragraphs (a) and (b) of this section no later than the month beginning with the date listed in this table:

Source Water Monitoring Starting Dates Table

Systems that serve . . . Must begin the first round of source water monitoring no later than the month
beginning . . .
And must begin the second round of source water monitoring no later than the month beginning . . .
(1) At least 100,000 people (i) October 1, 2006 (ii) April 1, 2015.
(2) From 50,000 to 99,999 people (i) April 1, 2007 (ii) October 1, 2015.
(3) From 10,000 to 49,999 people (i) April 1, 2008 (ii) October 1, 2016.
(4) Fewer than 10,000 and monitor for E. coli a (i) October 1, 2008 (ii) October 1, 2017.
(5) Fewer than 10,000 and monitor for Cryptosporidium b (i) April 1, 2010 (ii) April 1, 2019.

a Applies only to filtered systems.

b Applies to filtered systems that meet the conditions of paragraph (a)(4) of this section and unfiltered systems.

(d) Monitoring avoidance. (1) Filtered systems are not required to conduct source water monitoring under this subpart if the system will provide a total of at least 5.5-log of treatment for Cryptosporidium, equivalent to meeting the treatment requirements of Bin 4 in § 141.711.

(2) Unfiltered systems are not required to conduct source water monitoring under this subpart if the system will provide a total of at least 3-log Cryptosporidium inactivation, equivalent to meeting the treatment requirements for unfiltered systems with a mean Cryptosporidium concentration of greater than 0.01 oocysts/L in § 141.712.

(3) If a system chooses to provide the level of treatment in paragraph (d)(1) or (2) of this section, as applicable, rather than start source water monitoring, the system must notify the State in writing no later than the date the system is otherwise required to submit a sampling schedule for monitoring under § 141.702. Alternatively, a system may choose to stop sampling at any point after it has initiated monitoring if it notifies the State in writing that it will provide this level of treatment. Systems must install and operate technologies to provide this level of treatment by the applicable treatment compliance date in § 141.713.

(e) Plants operating only part of the year. Systems with subpart H plants that operate for only part of the year must conduct source water monitoring in accordance with this subpart, but with the following modifications:

(1) Systems must sample their source water only during the months that the plant operates unless the State specifies another monitoring period based on plant operating practices.

(2) Systems with plants that operate less than six months per year and that monitor for Cryptosporidium must collect at least six Cryptosporidium samples per year during each of two years of monitoring. Samples must be evenly spaced throughout the period the plant operates.

(f)(1) New sources. A system that begins using a new source of surface water or GWUDI after the system is required to begin monitoring under paragraph (c) of this section must monitor the new source on a schedule the State approves. Source water monitoring must meet the requirements of this subpart. The system must also meet the bin classification and Cryptosporidium treatment requirements of §§ 141.710 and 141.711 or § 141.712, as applicable, for the new source on a schedule the State approves.

(2) The requirements of § 141.701(f) apply to subpart H systems that begin operation after the monitoring start date applicable to the system's size under paragraph (c) of this section.

(3) The system must begin a second round of source water monitoring no later than 6 years following initial bin classification under § 141.710 or determination of the mean Cryptosporidium level under § 141.712, as applicable.

(g) Failure to collect any source water sample required under this section in accordance with the sampling schedule, sampling location, analytical method, approved laboratory, and reporting requirements of §§ 141.702 through 141.706 is a monitoring violation.

(h) Grandfathering monitoring data. Systems may use (grandfather) monitoring data collected prior to the applicable monitoring start date in paragraph (c) of this section to meet the initial source water monitoring requirements in paragraph (a) of this section. Grandfathered data may substitute for an equivalent number of months at the end of the monitoring period. All data submitted under this paragraph must meet the requirements in § 141.707.