Ohio Admin. Code 3745-81-61 - Treatment technique requirements for significant deficiencies
(A)
Whenever feasible, a public water system shall correct
a significant deficiency within thirty days of becoming aware of or being
notified of the deficiency. Notification may occur through, but is not limited
to, the following methods:
(1)
Notification to a system using a ground water source in
accordance with rule
3745-81-42
of the Administrative Code, including notification by a certified laboratory of
fecal contamination in a ground water source sample.
(2)
Notification in
accordance with rule
3745-81-60
or
3745-81-64
of the Administrative Code for significant deficiencies identified during a
sanitary survey or limited scope site visit.
(3)
Identification by
the public water system as a result of conducting a level one assessment in
accordance with rule
3745-81-53
of the Administrative Code, or notification of significant deficiencies
identified during a level one or level two assessment conducted in accordance
with rule
3745-81-53
of the Administrative Code.
(B)
When a public
water system is not able to complete a corrective action for a significant
deficiency within thirty days of becoming aware of or being notified of the
deficiency, the system shall comply with the following to establish an approved
schedule for completing corrective actions:
(1)
The public water
system shall submit a plan with a schedule for completing corrective actions,
which may be part of a level one or level two assessment report, within thirty
days of becoming aware of or being notified of the deficiency. Consultation
with the director prior to submitting a plan is encouraged.
(2)
The director
shall review the corrective action plan. If the director finds that the
proposed corrective actions or schedule are not acceptable, the director shall
notify the public water system in writing and may consult with the system
regarding necessary modifications. The director may specify interim measures
for protection of public health. The director shall consider appropriate
interim measures whenever the corrective actions cannot be completed within one
hundred twenty days of the system becoming aware of or being notified of the
significant deficiency. After consultation with the director, the public water
system shall submit a modified plan for corrective actions and schedule that
are acceptable to the director.
(C)
Corrective
actions.
(1)
Ground water systems that have a significant deficiency
identified under rule
3745-81-42
of the Administrative Code shall implement one or more of the following
corrective action alternatives in accordance with paragraph (A) or (B) of this
rule:
(a)
Correct all significant deficiencies.
(b)
Provide an
alternate source of water.
(c)
Eliminate the
source of contamination.
(d)
Provide treatment that reliably achieves at least 4-log
treatment of viruses (using inactivation, removal, or a director-approved
combination of 4-log virus inactivation and removal) before or at the first
customer for the ground water source.
(2)
The public water
system shall complete all corrective actions in accordance with paragraph (A)
or (B) of this rule and in compliance with all applicable plan review
processes.
(3)
The public water system shall notify the director when
each scheduled corrective action is completed.
(D)
At any time
during the assessment, plan review or corrective action phase, either the
public water system or the director may request a consultation with the other
party to determine the appropriate actions to be taken. The system may consult
with the director on all relevant information that may impact the system's
ability to comply with rules
3745-81-41
to
3745-81-45,
3745-81-50
to
3745-81-55,
3745-81-60
or
3745-81-64,
including the method of accomplishment, an appropriate time frame and other
relevant information.
(E)
Special notice to the public of significant
deficiencies or source water fecal contamination.
(1)
In addition to
the applicable public notification requirements in paragraph (B)(1)(i) of rule
3745-81-32 of
the Administrative Code, a community ground water system that receives notice
from the director of a significant deficiency or notification of a fecal
indicator-positive ground water source sample that is not invalidated by the
director under paragraph (D) of rule
3745-81-42
of the Administrative Code shall, in accordance with paragraph (F)(8) of rule
3745-96-02
of the Administrative Code, inform the public served by the water system of the
fecal indicator-positive source sample or of any significant deficiency that
has not been corrected. The system shall continue to inform the public annually
until the significant deficiency is corrected or the fecal contamination in the
ground water source is determined by the director to be corrected in accordance
with paragraphs (A) and (B) of this rule.
(2)
In addition to
the applicable public notification requirements in paragraph (B)(1)(i) of rule
3745-81-32 of
the Administrative Code, a noncommunity ground water system that receives
notice from the director of a significant deficiency shall inform the public
served by the water system in a manner acceptable to the director of any
significant deficiency that has not been corrected within twelve months of
being notified, or earlier if required by the director. The system shall
continue to inform the public annually until the significant deficiency is
corrected. The information shall include all of the following:
(a)
The nature of the
significant deficiency and the date the significant deficiency was
identified.
(b)
The director-approved plan and schedule for correction
of the significant deficiency, including interim measures, progress to date and
any interim measures completed.
(c)
For systems with
a large proportion of non-English speaking consumers, defined as ten per cent
or more of the residents speaking the same non-English language, 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.
(3)
If
required by the director, a noncommunity water system with significant
deficiencies that have been corrected shall inform its customers of the
significant deficiencies, how the deficiencies were corrected and the dates of
correction in accordance with paragraph (E)(2) of this rule.
Notes
Promulgated Under: 119.03
Statutory Authority: 6109.04
Rule Amplifies: 6109.03, 6109.04
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