Haw. Code R. § 11-20-9.1 - Revised Total Coliform Rule

(a) General.

(1) This section includes both maximum contaminant level and treatment technique requirements.

(2) Applicability. The provisions of this section apply to all public water systems.

(3) Compliance date. Systems must comply with the provisions of this section beginning April 1, 2016, unless otherwise specified in this section.

(4) Implementation with EPA as State. Systems falling under direct oversight of EPA, where EPA acts as the State, must comply with decisions made by EPA for implementation of 40 C.F.R. 141 subpart Y. EPA has authority to establish such procedures and criteria as are necessary to implement 40 C.F.R. 141 subpart Y.

(5) Violations of national primary drinking water regulations. Failure to comply with the applicable requirements of this section, including requirements established by the State pursuant to these provisions, is a violation of the national primary drinking water regulations under 40 C.F.R. 141 subpart Y.

(b) Analytical methods and laboratory certification.

(1) Analytical methodology.

(A) The standard sample volume required for analysis, regardless of analytical method used, is 100 ml.

(B) Systems need only determine the presence or absence of total coliforms and E. coli; a determination of density is not required.

(C) The time from sample collection to initiation of test medium incubation may not exceed 30 hours. Systems are encouraged but not required to hold samples below 10 degrees Celsius during transit.

(D) If water having residual chlorine (measured as free, combined, or total chlorine) is to be analyzed, sufficient sodium thiosulfate (Na2S2O3) must be added to the sample bottle before sterilization to neutralize any residual chlorine in the water sample. Dechlorination procedures are addressed in Section 9060A.2 of Standard Methods for the Examination of Water and Wastewater (20^th and 21^st editions).

(E) Systems must conduct total coliform and E. coli analyses in accordance with one of the analytical methods in Appendix K, "Analytical Methods for Conducting Total Coliform and E. coli Analyses (HAR § 11-20-9.1(b) )," dated February 13, 2013, located at the end of this chapter and made a part of this section, or one of the alternative methods listed in 40 CFR part 141, Appendix A to subpart C.

(2) Laboratory certification. Systems must have all compliance samples required under this subpart analyzed by a laboratory certified by the EPA or a primacy State to analyze drinking water samples. The laboratory used by the system must be certified for each method (and associated contaminant(s)) used for compliance monitoring analyses under this section.

(3) Standards. The standards required in this section were taken verbatim from 40 C.F.R. § 141.852(c), and are specified in Appendix K, entitled "Analytical Methods for Conducting Total Coliform and E. coli Analyses (HAR § 11-20-9.1(b))." Appendix K is located at the end of this chapter and made a part of this section.

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

(1) Sample siting plans.

(A) Systems must develop a written sample siting plan that identifies sampling sites and a sample collection schedule that are representative of water throughout the distribution system not later than March 31, 2016. These plans are subject to review and revision by this State. Systems must collect total coliform samples according to the written sample siting plan. Monitoring required by subsections (d) and (e) may take place at a customer's premise, dedicated sampling station, or other designated compliance sampling location. Routine and repeat sample sites and any sampling points necessary to meet the requirements of section 11-20-50 must be reflected in the sampling plan.

(B) Systems must collect samples at regular time intervals throughout the month, except that systems that use only ground water and serve 4,900 or fewer people may collect all required samples on a single day if they are taken from different sites.

(C) Systems must take at least the minimum number of required samples even if the system has had an E. coli MCL violation or has exceeded the coliform treatment technique triggers in subsection (f)(1).

(D) A system may conduct more compliance monitoring than is required by this subpart to investigate potential problems in the distribution system and use monitoring as a tool to assist in uncovering problems. A system may take more than the minimum number of required routine samples and must include the results in calculating whether the coliform treatment technique trigger in subsections (f)(1)(A)(i) and (ii) has been exceeded only if the samples are taken in accordance with the existing sample siting plan and are representative of water throughout the distribution system.

(E) Systems must identify repeat monitoring locations in the sample siting plan. Unless the provisions of clause (i) or (ii) are met, the system must collect at least one repeat sample from the sampling tap where the original total coliform-positive sample was taken, and at least one repeat sample at a tap within five service connections upstream and at least one repeat sample at a tap within five service connections downstream of the original sampling site. If a total coliform-positive sample is at the end of the distribution system, or one service connection away from the end of the distribution system, the system must still take all required repeat samples. However, the State may allow an alternative sampling location in lieu of the requirement to collect at least one repeat sample upstream or downstream of the original sampling site. Except as provided for in clause (ii), systems required to conduct triggered source water monitoring under section 11-20-50(c)(1) must take ground water source sample(s) in addition to repeat samples required under this section.

(i) Systems may propose repeat monitoring locations to the State that the system believes to be representative of a pathway for contamination of the distribution system. A system may elect to specify either alternative fixed locations or criteria for selecting repeat sampling sites on a situational basis in a standard operating procedure (SOP) in its sample siting plan. The system must design its SOP to focus the repeat samples at locations that best verify and determine the extent of potential contamination of the distribution system area based on specific situations. The State may modify the SOP or require alternative monitoring locations as needed.

(ii) Ground water systems serving 1,000 or fewer people may propose repeat sampling locations to the State that differentiate potential source water and distribution system contamination (e.g., by sampling at entry points to the distribution system). A ground water system with a single well required to conduct triggered source water monitoring may, with written state approval, take one of its repeat samples at the monitoring location required for triggered source water monitoring under section 11-20-50(c)(1) if the system demonstrates to the State's satisfaction that the sample siting plan remains representative of water quality in the distribution system. If approved by the State, the system may use that sample result to meet the monitoring requirements in both section 11-20-50(c)(1) and this subsection. If a repeat sample taken at the monitoring location required for triggered source water monitoring is E. coli-positive, the system has violated the E. coli MCL and must also comply with section 11-20-50(c)(1)(C). If a system takes more than one repeat sample at the monitoring location required for triggered source water monitoring, the system may reduce the number of additional source water samples required under section 11-20-50(c)(1)(C) by the number of repeat samples taken at that location that were not E. coli-positive. If a system takes more than one repeat sample at the monitoring location required for triggered source water monitoring under section 11-20-50(c)(1), and more than one repeat sample is E. coli-positive, the system has violated the E. coli MCL and must also comply with section 11-20-50(d)(1)(A). If all repeat samples taken at the monitoring location required for triggered source water monitoring are E. coli-negative and a repeat sample taken at a monitoring location other than the one required for triggered source water monitoring is E. coli-positive, the system has violated the E. coli MCL, but is not required to comply with section 11-20-50(c)(1)(C).

(F) States may review, revise, and approve, as appropriate, repeat sampling proposed by systems under subparagraphs (E)(i) and (ii). The system must demonstrate that the sample siting plan remains representative of the water quality in the distribution system. The State may determine that monitoring at the entry point to the distribution system (especially for undisinfected ground water systems) is effective to differentiate between potential source water and distribution system problems.

(2) Special purpose samples. Special purpose samples, such as those taken to determine whether disinfection practices are sufficient following pipe placement, replacement, or repair, must not be used to determine whether the coliform treatment technique trigger has been exceeded. Repeat samples taken pursuant to subsection (e) are not considered special purpose samples, and must be used to determine whether the coliform treatment technique trigger has been exceeded.

(3) Invalidation of total coliform samples. A total coliform-positive sample invalidated under this subsection does not count toward meeting the minimum monitoring requirements of this section.

(A) The State may invalidate a total coliform-positive sample only if the conditions of clause (i), (ii), or (iii) are met.

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

(ii) The State, on the basis of the results of repeat samples collected as required under subsection (e)(1), determines that the total coliform-positive sample resulted from a domestic or other non-distribution system plumbing problem. The State cannot invalidate a sample on the basis of repeat sample results unless all repeat sample(s) collected at the same tap as the original total coliform-positive sample are also total coliform-positive, and all repeat samples collected at a location other than the original tap are total coliform-negative (e.g., a state cannot invalidate a total coliform-positive sample on the basis of repeat samples if all the repeat samples are total coliform-negative, or if the system has only one service connection).

(iii) The State has substantial grounds to believe that a total coliform-positive result is due to a circumstance or condition that does not reflect water quality in the distribution system. In this case, the system must still collect all repeat samples required under subsection (e)(1), and use them to determine whether a coliform treatment technique trigger in subsection (f) has been exceeded. To invalidate a total coliform-positive sample under this paragraph, the decision and supporting rationale must be documented in writing, and approved and signed by the supervisor of the State official who recommended the decision. The State must make this document available to EPA and the public. The written documentation must state the specific cause of the total coliform-positive sample, and what action the system has taken, or will take, to correct this problem. The State may not invalidate a total coliform-positive sample solely on the grounds that all repeat samples are total coliform-negative.

(B) A laboratory must invalidate a total coliform sample (unless total coliforms are detected) if the sample produces a turbid culture in the absence of gas production using an analytical method where gas formation is examined (e.g., the Multiple-Tube Fermentation Technique), produces a turbid culture in the absence of an acid reaction in the Presence-Absence (P-A) Coliform Test, or exhibits confluent growth or produces colonies too numerous to count with an analytical method using a membrane filter (e.g., Membrane Filter Technique). If a laboratory invalidates a sample because of such interference, the system must collect another sample from the same location as the original sample within 24 hours of being notified of the interference problem, and have it analyzed for the presence of total coliforms. The system must continue to re-sample within 24 hours and have the samples analyzed until it obtains a valid result. The State may waive the 24-hour time limit on a case-by-case basis. Alternatively, the State may implement criteria for waiving the 24-hour sampling time limit to use in lieu of case-by-case extensions.

(d) Routine monitoring requirements for public water systems.

(1) General.

(A) This subsection applies to all public water systems.

(B) Following any total coliform-positive sample taken under this section, systems must comply with the repeat monitoring requirements and E. coli analytical requirements in subsection (e).

(C) Once all monitoring required by this subsection and subsection (e) for a calendar month has been completed, systems must determine whether any coliform treatment technique triggers specified in subsection (f) have been exceeded. If any trigger has been exceeded, systems must complete assessments as required by subsection (f).

(2) Monitoring frequency for total coliforms.

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

TOTAL COLIFORM MONITORING FREQUENCY

Population Served		Minimum Samples/Month
25	to	1,000	1
1,001	to	2,500	2
2,501	to	3,300	3
3,301	to	4,100	4
4,101	to	4,900	5
4,901	to	5,800	6
5,801	to	6,700	7
6,701	to	7,600	8
7,601	to	8,500	9
8,501	to	12,900	10
12,901	to	17,200	15
17,201	to	21,500	20
21,501	to	25,000	25
25,001	to	33,000	30
33,001	to	41,000	40
41,001	to	50,000	50
50,001	to	59,000	60
59,001	to	70,000	70
70,001	to	83,000	80
83,001	to	96,000	90
96,001	to	130,000	100
130,001	to	220,000	120
220,001	to	320,000	150
320,001	to	450,000	180
450,001	to	600,000	210
600,001	to	780,000	240
780,001	to	970,000	270
970,001	to	1,230,000	300
1,230,001	to	1,520,000	330
1,520,001	to	1,850,000	360
1,850,001	to	2,270,000	390
2,270,001	to	3,020,000	420
3,020,001	to	3,960,000	450
3,960,001	or more		480

(e) Repeat monitoring and E. coli requirements.

(1) Repeat monitoring.

(A) If a sample taken under subsection (d) is total coliform-positive, the system must collect a set of repeat samples within 24 hours of being notified of the positive result. The system must collect no fewer than three repeat samples for each total coliform-positive sample found. The State may extend the 24-hour limit on a case-by-case basis if the system has a logistical problem in collecting the repeat samples within 24 hours that is beyond its control. Alternatively, the State may implement criteria for the system to use in lieu of case-by-case extensions. In the case of an extension, the State must specify how much time the system has to collect the repeat samples. The State cannot waive the requirement for a system to collect repeat samples in subparagraphs (A) through (C).

(B) The system must collect all repeat samples on the same day, except that the State may allow a system with a single service connection to collect the required set of repeat samples over a three-day period or to collect a larger volume repeat sample(s) in one or more sample containers of any size, as long as the total volume collected is at least 300 ml.

(C) The system must collect an additional set of repeat samples in the manner specified in subparagraphs (A) through (C) if one or more repeat samples in the current set of repeat samples is total coliform-positive. The system must collect the additional set of repeat samples within 24 hours of being notified of the positive result, unless the State extends the limit as provided in subparagraph (A). The system must continue to collect additional sets of repeat samples until either total coliforms are not detected in one complete set of repeat samples or the system determines that a coliform treatment technique trigger specified in subsection (f)(1) has been exceeded as a result of a repeat sample being total coliform-positive and notifies the State. If a trigger identified in subsection (f) is exceeded as a result of a routine sample being total coliform-positive, systems are required to conduct only one round of repeat monitoring for each total coliform-positive routine sample.

(D) After a system collects a routine sample and before it learns the results of the analysis of that sample, if it collects another routine sample(s) from within five adjacent service connections of the initial sample, and the initial sample, after analysis, is found to contain total coliforms, then the system may count the subsequent sample(s) as a repeat sample instead of as a routine sample.

(E) Results of all routine and repeat samples taken under subsection (d) and this subsection not invalidated by the State must be used to determine whether a coliform treatment technique trigger specified in subsection (f) has been exceeded.

(2) Escherichia coli (E. coli) testing.

(A) If any routine or repeat sample is total coliform-positive, the system must analyze that total coliform-positive culture medium to determine if E. coli are present. If total coliforms or E. coli are present, the system must notify the State by the end of the day when the system is notified of the test result, unless the system is notified of the result after the State office is closed and the State does not have either an after-hours phone line or an alternative notification procedure, in which case the system must notify the State before the end of the next business day.

(B) The State has the discretion to allow a system, on a case-by-case basis, to forgo E. coli testing on a total coliform-positive sample if that system assumes that the total coliform-positive sample is E. coli-positive. Accordingly, the system must notify the State as specified in subparagraph (A) and the provisions of section 11-20-6(c) apply.

(C) When a public water system has an E. coli-positive result, the supplier shall issue a boil water notice to all affected consumers.

(i) The boil water order shall be issued no later than thirty hours after the system has been notified of the positive E. coli result. The boil water notice shall be in effect until negative total coliform results are obtained from the affected tap and from all other required repeat sample sites.

(ii) The boil water notice shall not be required if all repeat samples collected are total coliform-negative, and these results are received within thirty hours of the E. coli-positive result.

(f) Coliform treatment technique triggers and assessment requirements for protection against potential fecal contamination.

(1) Treatment technique triggers. Systems must conduct assessments in accordance with paragraph (2) after exceeding treatment technique triggers in subparagraphs (A) and (B).

(A) Level 1 treatment technique triggers.

(i) For systems taking 40 or more samples per month, the system exceeds 5.0% total coliform-positive samples for the month.

(ii) For systems taking fewer than 40 samples per month, the system has two or more total coliform-positive samples in the same month.

(iii) The system fails to take every required repeat sample after any single total coliform-positive sample.

(B) Level 2 treatment technique triggers.

(i) An E. coli MCL violation, as specified in subsection (g)(1).

(ii) A second Level 1 trigger as defined in subparagraph (A), within a rolling 12-month period, unless the State has determined a likely reason that the samples that caused the first Level 1 treatment technique trigger were total coliform-positive and has established that the system has corrected the problem.

(2) Requirements for assessments.

(A) Systems must ensure that Level 1 and 2 assessments are conducted in order to identify the possible presence of sanitary defects and defects in distribution system coliform monitoring practices. Level 2 assessments must be conducted by parties approved by the State.

(B) When conducting assessments, systems must ensure that the assessor evaluates minimum elements that include review and identification of inadequacies in sample sites; sampling protocol; sample processing; atypical events that could affect distributed water quality or indicate that distributed water quality was impaired; changes in distribution system maintenance and operation that could affect distributed water quality (including water storage); source and treatment considerations that bear on distributed water quality, where appropriate (e.g., small ground water systems); and existing water quality monitoring data. The system must conduct the assessment consistent with any 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.

(C) Level 1 assessments. A system must conduct a Level 1 assessment consistent with State requirements if the system exceeds one of the treatment technique triggers in paragraph (1)(A).

(i) The system must complete a Level 1 assessment as soon as practical after any trigger in paragraph (1)(A). In the completed assessment form, the system must describe sanitary defects detected, corrective actions completed, and a proposed timetable for any corrective actions not already completed. The assessment form may also note that no sanitary defects were identified. The system must submit the completed Level 1 assessment form to the State within 30 days after the system learns that it has exceeded a trigger.

(ii) If the State reviews the completed Level 1 assessment and determines that the assessment is not sufficient (including any proposed timetable for any corrective actions not already completed), the State must consult with the system. If the State requires revisions after consultation, the system must submit a revised assessment form to the State on an agreed-upon schedule not to exceed 30 days from the date of the consultation.

(iii) Upon completion and submission of the assessment form by the system, the State must determine if the system has identified a likely cause for the Level 1 trigger and, if so, establish that the system has corrected the problem, or has included a schedule acceptable to the State for correcting the problem.

(D) Level 2 assessments. A system must ensure that a Level 2 assessment consistent with State requirements is conducted if the system exceeds one of the treatment technique triggers in paragraph (1)(B). The system must comply with any expedited actions or additional actions required by the State in the case of an E. coli MCL violation.

(i) The system must ensure that a Level 2 assessment is completed by the State or by a party approved by the State as soon as practical after any trigger in paragraph (1)(B). The system must submit a completed Level 2 assessment form to the State within 30 days after the system learns that it has exceeded a trigger. The assessment form must describe sanitary defects detected, corrective actions completed, and a proposed timetable for any corrective actions not already completed. The assessment form may also note that no sanitary defects were identified.

(ii) The system may conduct Level 2 assessments if the system has staff or management with the certification or qualifications specified by the State unless otherwise directed by the State.

(iii) If the State reviews the completed Level 2 assessment and determines that the assessment is not sufficient (including any proposed timetable for any corrective actions not already completed), the State must consult with the system. If the State requires revisions after consultation, the system must submit a revised assessment form to the State on an agreed-upon schedule not to exceed 30 days.

(iv) Upon completion and submission of the assessment form by the system, the State must determine if the system has identified a likely cause for the Level 2 trigger and determine whether the system has corrected the problem, or has included a schedule acceptable to the State for correcting the problem.

(3) Corrective action. Systems must correct sanitary defects found through either Level 1 or 2 assessments conducted under paragraph (2). For corrections not completed by the time of submission of the assessment form, the system must complete the corrective action(s) in compliance with a timetable approved by the State in consultation with the system. The system must notify the State when each scheduled corrective action is completed.

(4) Consultation. At any time during the assessment or corrective action phase, either the water system or the State may request a consultation with the other party to determine the appropriate actions to be taken. The system may consult with the State on all relevant information that may impact on its ability to comply with a requirement of this section, including the method of accomplishment, an appropriate timeframe, and other relevant information.

(g) Violations.

(1) E. coli MCL violation. A system is in violation of the MCL for E. coli when any of the conditions identified in subparagraphs (A) through (D) occur.

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

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

(C) The system fails to take all required repeat samples following an E. coli-positive routine sample.

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

(2) Treatment technique violation.

(A) A treatment technique violation occurs when a system exceeds a treatment technique trigger specified in subsection (f)(1) and then fails to conduct the required assessment or corrective actions within the timeframe specified in subsections (f)(2) and (f)(3).

(3) Monitoring violations.

(A) Failure to take every required routine or additional routine sample in a compliance period is a monitoring violation.

(B) Failure to analyze for E. coli following a total coliform-positive routine sample is a monitoring violation.

(4) Reporting violations.

(A) Failure to submit a monitoring report or completed assessment form after a system properly conducts monitoring or assessment in a timely manner is a reporting violation.

(B) Failure to notify the State following an E. coli-positive sample as required by subsection (e)(2)(A) in a timely manner is a reporting violation.

(h) Reporting and recordkeeping.

(1) Reporting.

(A) E. coli.

(i) A system must notify the State by the end of the day when the system learns of an E. coli MCL violation, unless the system learns of the violation after the state office is closed and the State does not have either an after-hours phone line or an alternative notification procedure, in which case the system must notify the State before the end of the next business day, and notify the public in accordance with section 11-20-18.

(ii) A system must notify the State by the end of the day when the system is notified of a total coliform or an E. coli-positive routine sample, unless the system is notified of the result after the state office is closed and the State does not have either an after-hours phone line or an alternative notification procedure, in which case the system must notify the State before the end of the next business day.

(B) A system that has violated the treatment technique for coliforms in subsection (f) must report the violation to the State no later than the end of the next business day after it learns of the violation, and notify the public in accordance with section 11-20-18.

(C) A system required to conduct an assessment under subsection (f) must submit the assessment report within 30 days. The system must notify the State in accordance with subsection (f)(3) when each scheduled corrective action is completed for corrections not completed by the time of submission of the assessment form.

(D) A system that has failed to comply with a coliform monitoring requirement must report the monitoring violation to the State within 10 days after the system discovers the violation, and notify the public in accordance with section 11-20-18.

(2) Recordkeeping.

(A) The system must maintain any assessment form, regardless of who conducts the assessment, and documentation of corrective actions completed as a result of those assessments, or other available summary documentation of the sanitary defects and corrective actions taken under subsection (f) for state review. This record must be maintained by the system for a period not less than five years after completion of the assessment or corrective action.

(B) The system must maintain a record of any repeat sample taken that meets State criteria for an extension of the 24-hour period for collecting repeat samples as provided for under 40 C.F.R. section 141.858(a)(1).

Notes

Haw. Code R. § 11-20-9.1

[Eff and Comp 12/28/2017 ] (Auth: HRS §§ 340E-2, 340E-9)(Imp: HRS §§ 340E-2, 340E-9; 42 U.S.C. §§ 300f, 300g-1, 300g-2 300g-3, 300g-4, 300g-5, 300g-6, 300j-4, 300j-9, and 300j-11; 40 C.F.R. Parts 141, §§141.851, 141.852, 141.853, 141.857, 141.858, 141.859, 141.860, and 141.861) Eff and comp 10/29/2020