Ga. Comp. R. & Regs. R. 391-3-5-.54 - Ground Water Rule
Purpose. The United States Environmental Protection Agency established the Ground Water Rule, which the Division has adopted, to provide increased protection against microbial pathogens in public water systems that use ground water as the source of drinking water.
(1)
General Requirements and
Applicability.
40
CFR Part 141, Subpart S §
141.400 is
hereby incorporated by reference.
(a) This
Rule applies to the following:
1. Systems
relying totally on ground water; purchased water systems or consecutive systems
receiving ground water;
2. Mixed
surface and ground water systems where ground water is added directly to the
distribution system or to the treated surface water prior to entry into the
distribution system.
(b)
Hydrogeologic Sensitivity Assessments.
1.
Hydrogeologically sensitive settings include Karst (carbonate rock, i.e.
limestone and dolostone), fractured bedrock and gravel.
2. Drinking water produced by water systems
from aquifers consisting of the above geologic materials require hydrogeologic
sensitivity assessments prepared by the Division.
3. The information that the Division requires
to prepare a hydrogeologic sensitivity assessment may be requested by the
Division from the water source's owner and/or found in one or all of three
regulatory reports approved by the EPA:
(i) A
water source's Well Head Protection Plan,
(ii) The Source Water Assessment,
and/or
(iii) The Individual Source
Vulnerability Assessment.
4. A water source Well Head Protection Plan
consists of the information outlined in Rule
391-3-5-.40(3) through
(7).
5. A water source, Source Water Assessment
consists of the information outlined in Rules
391-3-5-.06(4) and
391-3-5-.42(3) and
(4).
6. A water source Individual Source
Vulnerability Assessment consists of the information outlined in Rule
391-3-5-.22(g) through
(i).
7. The water source rating developed for
Individual Source Vulnerability Assessments is to be used to determine if a
source is at high, medium, or low risk to microbiological
contamination.
(c) Ground
water systems must comply with the requirements of this Rule beginning December
1, 2009.
(2)
Sanitary Surveys for Ground Water Systems.
40 CFR Part 141, Subpart S
§
141.401 is hereby incorporated by
reference.
(a) Ground water systems must
provide the Division, at the Division's request, any existing information that
will enable the Division to conduct a sanitary survey.
(b) A sanitary survey conducted by the
Division includes an onsite review of the water source(s), facilities,
equipment, operation, maintenance, and monitoring compliance of a public water
system to evaluate the adequacy of the system, its sources and operations and
the distribution of safe drinking water.
(c) The sanitary survey includes an
evaluation of the applicable components listed below:
1. Source,
2. Treatment,
3. Distribution system,
4. Finished water storage,
5. Pumps, pump facilities, and
controls,
6. Monitoring, reporting,
and data verification,
7. System
management and operation, and
8.
Operator compliance with Division requirements.
(3)
Ground Water Source Microbial
Monitoring and Analytical Methods.
40 CFR Part 141, Subpart S
§
141.402 is hereby incorporated by
reference with the exceptions that the Division only allows E. Coli as a fecal
indicator for compliance under this rule and the Division does not allow
triggered source water samples collected under paragraph (3)(a) to also serve
as repeat samples collected under Rule
391-3-5-.55(8)(a).
(a) Triggered source water monitoring.
1.
General requirements. A
ground water system must conduct triggered source water monitoring in
accordance with 40 CFR
§
141.402(a) if the
conditions identified in paragraphs (3)(a)1.(i) and either (3)(a)1.(ii) or
(3)(a)1.(iii) exist.
(i) The system does not
provide at least 4-log treatment of viruses (using inactivation, removal, or a
Division-approved combination of 4-log virus inactivation and removal) before
or at the first customer for each ground water source; and either
(ii) The system is notified that a sample
collected under Rule
391-3-5-.23(1) is
total coliform-positive and the sample is not invalidated under Rule
391-3-5-.23(3)
until March 31, 2016, or
(iii) The
system is notified that a sample collected under Rule
391-3-5-.55(4) through
(7) is total coliform-positive and the sample
is not invalidated under Rule
391-3-5-.55(3)(c)
beginning April 1, 2016.
2.
Sampling requirements. A
ground water system must collect, within 24 hours of notification of the total
coliform-positive sample, at least one ground water source sample from each
ground water source in use at the time the total coliform-positive sample was
collected under Rule
391-3-5-.23(1)
until March 31, 2016, or collected under Rule
391-3-5-.55(4) through
(7) beginning April 1, 2016, except as
provided in paragraph (3)(a)2.(ii).
(i) The
Division may extend the 24-hour time limit on a case-by-case basis if the
system cannot collect the ground water source water sample within 24 hours due
to circumstances beyond its control. In the case of an extension, the Division
must specify how much time the system has to collect the sample.
(ii) If approved by the Division, systems
with more than one ground water source may meet the requirements of paragraph
(3)(a)2. by sampling a representative ground water source or sources. If
directed by the Division, systems must submit for Division approval a triggered
source water monitoring plan that identifies one or more ground water sources
that are representative of each monitoring site in the system's sample siting
plan under Rule
391-3-5-.23(1)
until March 31, 2016, or under Rule
391-3-5-.55(3)
beginning April 1, 2016, and that the system intends to use for representative
sampling under this paragraph.
3.
Additional requirements.
If the Division does not require corrective action under paragraph (4)(a)2 for
an E. coli positive source water sample collected under
paragraph (3)(a)2. that is not invalidated under paragraph (3)(d), the system
must collect five additional source water samples from the same source within
24 hours of being notified of the E. coli-positive
sample.
4.
Consecutive and
wholesale systems.
(i) In addition
to the other requirements of paragraph (3)(a), a consecutive ground water
system that has a total coliform-positive sample collected under Rule
391-3-5-.23(1)
until March 31, 2016, or under Rule
391-3-5-.55(4) through
(7) beginning April 1, 2016, must notify the
wholesale system(s) within 24 hours of being notified of the total
coliform-positive sample.
(ii) In
addition to the other requirements of paragraph (3)(a), a wholesale ground
water system must comply with paragraphs (3)(a)4.(ii)(I) and (3)(a)4.(ii)(II).
(I) A wholesale ground water system that
receives notice from a consecutive system it serves that a sample collected
under Rule
391-3-5-.23(1)
until March 31, 2016, or collected under Rule
391-3-5-.55(4) through
(7) beginning April 1, 2016, is total
coliform-positive must, within 24 hours of being notified, collect a sample
from its ground water source(s) under paragraph (3)(a)(2) and analyze it for
E. Coli under paragraph (3)(c).
(II) If the sample collected under paragraph
(3)(a)4.(ii)(I) is E. Coli-positive, the wholesale ground
water system must notify all consecutive systems served by that ground water
source of the E. Coli source water positive within 24 hours of
being notified of the ground water source sample monitoring result and must
meet the requirements of paragraph (3)(a)3.
5.
Exceptions to the triggered source
water monitoring requirements. A ground water system is not required
to comply with the source water monitoring requirements of paragraph (3)(a) if
either of the following conditions exists:
(i)
The Division determines, and documents in writing, that the total
coliform-positive sample collected under Rule
391-3-5-.23(1)
until March 31, 2016, or under Rule
391-3-5-.55(4) through
(7) beginning April 1, 2016, is caused by a
distribution system deficiency; or
(ii) The total coliform-positive sample
collected under Rule
391-3-5-.23(1)
until March 31, 2016, or under Rule
391-3-5-.55(4) through
(7) beginning April 1, 2016, is collected at
a location that meets Division criteria for distribution system conditions that
will cause total coliform-positive samples.
(b) Assessment Source Water Monitoring. If
directed by the Division, ground water systems must conduct assessment source
water monitoring that meets Division-determined requirements for such
monitoring. A ground water system conducting assessment source water monitoring
may use a triggered source water sample collected under
40 CFR §
141.402(a)(2) to meet the
requirements of this paragraph. Division-determined assessment source water
monitoring requirements may include:
1.
Collection of a total of 12 ground water source samples thatrepresent each
month the system provides ground water to the public,
2. Collection of samples from each well
unless the system obtains written Division approval to conduct monitoring at
one or more wells within the ground water system that are representative of
multiple wells used by that system and that draw water from the same
hydrogeological setting,
3.
Collection of a standard sample volume of at least 100 mL for E.
coli analysis,
4. 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,
5. Collection of ground water source samples
at a location prior to any treatment of the ground water source unless the
Division approves a sampling location after treatment, and
6. 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 Division approves an alternate sampling
location that is representative of the water quality of that well.
(c) Analytical Methods.
1. A ground water system subject to the
source water monitoring requirements of paragraph (3)(a) must collect a
standard sample volume of at least 100 mL for E. coli
analysis.
2. A ground water system
must analyze all ground water source samples collected under paragraph (3)(a)
using one of the analytical methods listed in the following table in
40 CFR §
141.402(c)(2) or one of the
alternative methods listed in Appendix A to Subpart C of 40 CFR Part 141
(Alternative Testing Methods Approved for Analyses Under the Safe Drinking
Water Act) for the presence of E. coli.
(d) Invalidation of a Fecal
Indicator-Positive Ground Water Source Sample.
1. A ground water system may obtain Division
invalidation of an E. coli -positive ground water source
sample collected under paragraph (3)(a) only under the conditions specified in
paragraphs (3)(d)1.(i) and (ii).
(i) The
system provides the Division with written notice from the laboratory that
improper sample analysis occurred; or
(ii) The Division determines and documents in
writing that there is substantial evidence that an E.
coli-positive ground water source sample is not related to source
water quality.
2. If the
Division invalidates an E. coli-positive ground water source
sample, the ground water system must collect another source water sample under
paragraph (3)(a) within 24 hours of being notified by the Division of its
invalidation decision and have it analyzed using the analytical methods in
paragraph (3)(c). The Division may extend the 24-hour time limit on a
case-by-case basis if the system cannot collect the source water sample within
24 hours due to circumstances beyond its control. In the case of an extension,
the Division must specify how much time the system has to collect the
sample.
(e) Sampling
Location.
1. Any ground water source sample
required under 40 CFR §
141.402(a) must be collected
at a location prior to any treatment of the ground water source unless the
Division approves a sampling location after treatment.
2. If the system's configuration does not
allow for sampling at the well itself, the system may collect a sample at a
Division-approved location to meet the requirements of paragraph (3)(a) if the
sample is representative of the water quality of that well.
(f) New Sources. If directed by
the Division, a ground water system that places a new ground water source into
service after November 30, 2009, must conduct assessment source water
monitoring under paragraph (3)(b). If directed by the Division, the system must
begin monitoring before the ground water source is used to provide water to the
public.
(g) Public Notification. A
ground water system with a ground water source sample collected under
40 CFR §
141.402(a) or (b) that is
E. Coli-positive and that is not invalidated under
40 CFR §
141.402(d), including
consecutive systems served by the ground water source, must conduct public
notification under 40 CFR
§
141.202.
(h) Monitoring Violations. Failure to meet
the requirements of paragraphs (3)(a) through (3)(f) is a monitoring violation
and requires the ground water system to provide public notification under
40 CFR §
141.204.
(4)
Treatment Technique Requirements
for Ground Water Systems.
40 CFR Part 141, Subpart S
§
141.403 is hereby incorporated by
reference.
(a) The treatment technique
requirements of this paragraph must be met by ground water systems with
significant deficiencies or source water fecal contamination:
1. When a significant deficiency is
identified or when a groundwater source sample collected under
40 CFR §
141.402(a)(3) is fecal
positive.
2. When directed by the
Division, if a ground water system with a ground water source sample collected
under 40 CFR §
141.402(a)(2), §
141.402(a)(4), or
§
141.402(b) is
fecal positive.
3. When a
significant deficiency is identified at a 40 CFR Part 141 Subpart H public
water system that uses both ground water and surface water or ground water
under the direct influence of surface water, the system must comply with
paragraph (4) except in cases where the Division 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.
4. Unless directed
by the Division to implement a specific corrective action, the ground water
system must consult with the Division regarding the appropriate corrective
action within thirty (30) days of receiving written notice from the Division of
a significant deficiency, written notice from a laboratory that a ground water
source sample collected under
40 CFR §
141.402(a)(3) was found to
be fecal positive, or direction from the Division that a fecal positive
collected under 40 CFR
§
141.402(a)(2), §
141.402(a)(4), or
§
141.402(b)
requires corrective action. For purposes of this section, 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 Division determines to be causing, or have the
potential for causing, the introduction of contamination into the water
delivered to consumers.
5. Within
120 days (or earlier if directed by the Division) of receiving written
notification from the Division of a significant deficiency, written notice from
a laboratory that a ground water source sample collected under
40 CFR §
141.402(a)(3) was found to
be fecal positive, or direction from the Division that a fecal positive
collected under 40 CFR
§
141.402(a)(2), §
141.402(a)(4), or
§
141.402(b)
requires corrective action, the ground water system must either:
(i) Have completed corrective action in
accordance with a Division approved corrective action plan.
(ii) Be in compliance with a Division
approved corrective action plan and schedule subject to the following
conditions.
(I) The Division must approve any
modifications to the corrective action plan and schedule.
(II) The system must comply with any interim
measures specified by the Division for the protection of the public health
pending Division approval of the corrective action plan and schedule or pending
completion of the corrective action.
6. Ground water systems that meet the
conditions of paragraphs (4)(a)1. or (4)(a)2. must implement one or more of the
following corrective action alternatives:
(i)
Correct all significant deficiencies;
(ii) Provide an alternate source of
water;
(iii) Eliminate the source
of contamination; or
(iv) Provide
treatment that reliably achieves at least 4-log treatment of viruses (using
inactivation, removal, or a Division-approved combination of both) before or at
the first customer for the ground water source.
7. Special Notice to the public of
significant deficiencies or source water fecal contamination.
(i) In addition to the applicable public
notification requirements of 40 CFR § 141.4202, a community ground water
system that receives notice from the Division of a significant deficiency or
notification of a fecal positive ground water source sample that is not
invalidated by the Division under
40 CFR §
141.402(d) must inform the
public served by the water system under
40 CFR §
141.153(h)(6) of the fecal
positive source sample or of any significant deficiency that has not been
corrected. The system must continue to inform the public annually until the
significant deficiency is corrected or the fecal contamination in the
groundwater source is determined by the Division to be corrected under
paragraph (4)(a)5.
(ii) In addition
to the applicable public notification requirements of 40 CFR § 141.4202, a
non-community ground water system that receives notice from the Division of a
significant deficiency must inform the public served by the water system in a
manner approved by the Division of any significant deficiency that has not been
corrected within twelve (12) months of being notified, or earlier if directed
by the Division. The system must continue to inform the public annually until
the significant deficiency is corrected. The information must include:
(I) The nature of the significant deficiency
and the date the significant deficiency was identified by the
Division;
(II) The Division
approved plan and schedule for correction of the significant deficiency,
including interim measures, progress to date, and any interim measures
completed; and
(III) For systems
with a large portion of non-English speaking consumers, as determined by the
Division, information in the appropriate language regarding the importance of
the notice or a telephone number or address where consumers may contact the
system to obtain a translated copy of the notice or assistance in the
appropriate language.
(iii) If directed by the Division, a
non-community water system with significant deficiencies that have been
corrected must inform its customers of the significant deficiencies, how the
deficiencies were corrected, and the dates of correction.
(b) Compliance Monitoring.
1. A ground water system that is not required
to meet the source water monitoring requirements in this Rule because it
provides at least 4-log treatment of viruses for any ground water source must
notify the Division in writing that it is providing at least 4-log treatment of
viruses and begin compliance monitoring in accordance with paragraph (4)(b) by
December 1, 2009.
2. A ground water
system that places a ground water source in service after November 30, 2009,
and provides at least 4-log treatment of viruses before or at the first
customer is not required to meet the source water monitoring requirements in
this Rule. Such system must notify the Division in accordance with
40 CFR §
141.403(b)(2)(i), (b)(2)(ii) and
(b)(2)(iii) and conduct compliance monitoring
as required under 40 CFR
§
141.403(b)(3) within
thirty days of placing the source in service.
3. If the system subsequently discontinues
4-log treatment of viruses before or at the first customer for a ground water
source, the system must conduct ground water source monitoring as required
under 40 CFR §
141.402.
4. A ground water system serving greater than
3,300 people that is required to conduct compliance monitoring must
continuously monitor the residual disinfectant concentration using analytical
methods specified in 40 CFR
§
141.74(a)(2) at a
location approved by the Division and must record the lowest residual
disinfectant concentration each day that water from the ground water source is
served to the public. The ground water system must maintain the
Division-determined residual disinfectant concentration every day the ground
water system serves water from the ground water source to the public. If there
is a failure in the continuous monitoring equipment, the ground water system
must conduct grab sampling every four hours until the continuous monitoring
equipment is returned to service. The system must resume continuous residual
disinfectant monitoring within 14 days.
5. A ground water system serving 3,300 or
fewer people that is required to conduct compliance monitoring must monitor the
residual disinfectant concentration using analytical methods specified in
40 CFR §
141.74(a)(2) at a location
approved by the Division and record the residual disinfectant concentration
each day that water from the ground water source is served to the public. The
ground water system must maintain the Division-determined residual disinfectant
concentration every day the ground water system serves water from the ground
water source to the public. The ground water system must take a daily grab
sample during the hour of peak flow or at another time specified by the
Division. If any daily grab sample measurement falls below the
Division-determined residual disinfectant concentration, the ground water
system must take follow-up samples every four hours until the residual
disinfectant concentration is restored to the Division-determined level.
Alternatively, a ground water system that serves 3,300 or fewer people may
monitor continuously and meet the requirements of
40 CFR §
141.403(b)(3)(i)(A).
6. Membrane Filtration. A ground water system
that uses membrane filtration to meet the requirements of this section must
monitor the membrane filtration process in accordance with all
Division-specified monitoring requirements and must operate the membrane
filtration in accordance with all Division-specified compliance requirements. A
ground water system that uses membrane filtration is in compliance with the
requirement to achieve at least 4-log removal of viruses when:
(i) The membrane has an absolute molecular
weight cut-off (MWCO), or an alternate parameter that describes the exclusion
characteristics of the membrane, that can reliably achieve at least 4-log
removal of viruses;
(ii) The
membrane process is operated in accordance with Division-specified compliance
requirements; and
(iii) The
integrity of the membrane is intact.
7. Alternative treatment. A ground water
system that uses a Division-approved alternative treatment to meet the
requirements of this subpart by providing at least 4-log treatment of viruses
(using inactivation, removal, or a Division-approved combination of 4-log virus
inactivation and removal) before or at the first customer must:
(i) Monitor the alternative treatment in
accordance with all Division-specified monitoring requirements; and
(ii) Operate the alternative treatment in
accordance with all compliance requirements that the Division determines to be
necessary to achieve at least 4-log treatment of viruses.
8. A ground water system may discontinue
4-log treatment of viruses if the Division determines and documents in writing
that 4-log treatment of viruses is no longer necessary for that groundwater
source. A system that discontinues 4-log treatment of viruses is subject to the
source water monitoring and analytical methods requirements of
40 CFR Part 141 Subpart S,
§
141.402.
9. Failure to meet the monitoring
requirements of paragraph (4)(b) is a monitoring violation and requires the
ground water system to provide public notification under
40 CFR Part 141 Subpart Q,
§
141.204.
10. A ground water system conducting
compliance monitoring under 40 CFR §
141.403(b) must notify the
Division any time the system fails to meet any Division-specified requirements
including, but not limited to, minimum residual disinfectant concentration,
membrane operating criteria or membrane integrity, and alternative treatment
operating criteria, if operation in accordance with the criteria or
requirements is not restored within four hours. The ground water system must
notify the Division as soon as possible, but in no case later than the end of
the next business day.
(5)
Treatment Technique Violations for
Ground Water Systems.
40 CFR, Subpart S, §
141.404
is hereby incorporated by reference.
(a) A
ground water system with a significant deficiency is in violation of the
treatment technique requirement if, within 120 days (or earlier if directed by
the Division) of receiving written notice from the Division of the significant
deficiency, the system:
1. Does not complete
corrective action in accordance with any applicable Division plan review
processes including interim actions and measures specified by the Division,
or
2. Is not in compliance with a
Division approved corrective action plan and schedule.
(b) Unless the Division invalidates a fecal
positive ground water source sample under
40 CFR §
141.402(d), a ground water
system is in violation of the treatment technique requirement if, within 120
days (or earlier if directed by the Division) of meeting the conditions of
40 CFR §
141.403(a)(1) or §
141.403(a)(2),
the system:
1. Does not complete corrective
action in accordance with any applicable Division plan review processes
including interim actions and measures specified by the Division, or
2. Is not in compliance with a Division
approved corrective action plan and schedule.
(c) A ground water system subject to the
requirements of 40 CFR
§
141.403(b)(3) that
fails to maintain at least 4-log treatment of viruses (using inactivation,
removal, or a Division-approved combination of both) is in violation of the
treatment technique requirement if the failure is not corrected within four
hours of determining the system is not maintaining at least 4-log treatment of
viruses before or at the first customer.
(d) Ground water systems must give public
notification under 40 CFR
§
141.203 for the treatment technique
violations specified in paragraphs (5)(a), (5)(b) and
(5)(c).
(6)
Reporting and Recordkeeping for Ground Water Systems.
40 CFR Part 141, Subpart S,
§
141.405 is hereby incorporated by
reference.
(a) In addition to the
requirements of 40 CFR
§
141.31, a groundwater system regulated
under 40 CFR Part 141 Subpart S must provide the following information to the
Division:
1. A ground water system conducting
compliance monitoring under 40 CFR §
141.403(b) must notify the
Division any time the systems fails to meet any Division-specified requirements
including, but not limited to, minimum residual disinfectant concentration,
membrane operating criteria or integrity, and alternative treatment operating
criteria, if operation in accordance with the criteria or requirements is not
restored within four (4) hours. The ground water system must notify the
Division as soon as possible, but in no case later than the end of the next
business day.
2. After completing
any corrective action under 40 CFR §
141.403(a), a ground water
system must notify the Division within thirty (30) days of completion of the
corrective action.
3. If a ground
water system that is subject to the requirements of
40 CFR §
141.402(a) does not conduct
source water monitoring under
40 CFR §
141.402(a)(5)(ii), the
system must provide documentation to the Division within thirty (30) days of
the total coliform positive sample that it met the Division
criteria.
(b) In addition
to the requirements of 40
CFR §
141.33, a groundwater system
regulated under 40 CFR Part 141 Subpart S must maintain the following
information in its records:
1. Documentation
of corrective actions. Documentation shall be kept for a period of not less
than ten years.
2. Documentation of
notice to the public as required under
40 CFR §
141.403(a)(7). Documentation
shall be kept for a period not less than three years.
3. Records of decisions under
40 CFR §
141.402(a)(5)(ii) and
records of invalidation of fecal indicator-positive ground water samples under
40 CFR §
141.402(d). Documentation
shall be kept for a period of not less than five years.
4. For consecutive systems, documentation of
notification to the wholesale system(s) of total coliform-positive samples that
are not invalidated under Rule
391-3-5-.23(3)
until March 31, 2016, or under Rule
391-3-5-.55(3)
beginning April 1, 2016. Documentation shall be kept for a period of not less
than five years.
5. For systems,
including wholesale systems, that are required to perform compliance monitoring
under 40 CFR §
141.403(b):
(i) Records of the Division-specified minimum
disinfectant residual. Documentation shall be kept for a period of not less
than ten years.
(ii) Records of
lowest daily residual disinfectant concentration and records of the date and
duration of any failure to maintain the Division-prescribed minimum residual
disinfectant concentration for a period of more than four hours. Documentation
shall be kept for a period of not less than five years.
(iii) Records of Division-specified
compliance requirements for membrane filtration and of parameters specified by
the Division for Division-approved alternative treatment and records of the
date and duration of any failure to meet the membrane operating, membrane
integrity, or alternative treatment operating requirements for more than four
hours. Documentation shall be kept for a period of not less than five
years.
(7)
Division Recordkeeping. The
records kept by the Division shall be in accordance with
40 CFR §
142.14.
(8)
Division Reporting. The
reporting by the Division shall be performed as required by
40 CFR §
142.15.
Notes
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