Tenn. Comp. R. & Regs. 0400-45-01-.07 - MONITORING AND ANALYTICAL REQUIREMENTS

(1) Microbiological Contaminant Sampling

(a) Effective April 1, 2016, violations for total coliform and fecal coliform shall no longer be considered MCL violations and violations regarding total coliform shall be treatment technique triggers as described in Rule 0400-45-01-.41. Paragraph (5) of this rule further delineates the transition to Rule 0400-45-01-.41.

(b) Reserved

(c) The supplier of water for a community water system shall take coliform samples at regular time intervals and in number proportional to the population served by the system during the reporting period as set forth below:

TOTAL COLIFORM MONITORING FREQUENCY FOR COMMUNITY WATER SYSTEMS

Population Served	Minimum Number of Samples Per Month
25 to 1,0001 ..................................................................................................	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

¹Includes public water systems which have at least 15 service connections, but serve fewer than 25 persons.

1. Coliform samples shall be collected at sites which are representative of water throughout the distribution system according to a written sample siting plan.

2. Sample siting plans shall be made available to the Department on request. Plans determined to be deficient by the Department shall be revised by the system on the basis of the Department's findings.

3. Microbiological sampling shall be conducted in accordance with the approved sampling plan.

(d) The monitoring frequency for total coliforms for non-community water systems is as follows:

1. A non-community water system using only ground water (except ground water under the direct influence of surface water) and serving 1,000 persons or fewer must monitor each calendar quarter that the system provides water to the public.

2. A non-community water system using only ground water (except ground water under the direct influence of surface water) and serving more than 1,000 persons during any month must monitor at the same frequency as a like-sized community water system, as specified in subparagraph (c) of this paragraph. For systems using ground water under the direct influence of surface water, part 4 of this subparagraph applies.

3. A non-community water system using surface water, in total or in part, must monitor at the same frequency as a like-sized community water system, as specified in subparagraph (c) of this paragraph, regardless of the number of persons it serves.

4. A non-community water system using ground water under the direct influence of surface water must monitor at the same frequency as a like-sized community water system, as specified in subparagraph (c) of this paragraph. The system must begin monitoring at this frequency beginning six months after the determination that the ground water is under the direct influence of surface water.

5. A non-community water system must collect total coliform samples at sites which are representative of water throughout the distribution system according to a written sample site plan. These plans are subject to Department review and revision.

(e) Public water systems must collect samples at regular time intervals throughout the monitoring period. Those public water systems that use only ground water (except ground water under the direct influence of surface water) and serve 4,900 or fewer persons may collect all required samples on a single day if they are taken from different sites.

(f) A public water system that uses surface water or ground water under the direct influence of surface water, and does not practice filtration in compliance with Rule 0400-45-01-.31 must collect at least one sample near the first service connection each day the turbidity level of the source water exceeds 1 NTU. This sample must be analyzed for the presence of total coliforms. When one or more turbidity measurements in any day exceed 1 NTU, the system must collect this coliform sample within 24 hours of the first exceedance, unless the Department determines that the system, for reasons outside the system's control cannot have the sample analyzed within 30 hours of collection. Sample results from this coliform monitoring must be included in determining compliance with the MCL for total coliforms in paragraph (4) of Rule 0400-45-01-.06.

(g) Special purpose samples, such as those taken to determine whether disinfection practices are sufficient following pipe placement, replacement, or repair, shall not be used to determine whether the coliform treatment technique trigger has been exceeded compliance with the MCL for total coliforms in paragraph (4) of Rule 0400-45-01-.06 provided the water is not served to customers before negative analytical results are obtained. Samples representing water served to customers prior to obtaining analytical results shall not be special purpose samples and shall not count toward compliance with the MCL for total coliforms in paragraph (4) of Rule 0400-45-01-.06 with the MCL for total coliforms in paragraph (4) of Rule 0400-45-01-.06. After March 31, 2016, this subparagraph is no longer applicable.

(2) Repeat Monitoring

(a) If a routine sample is total coliform-positive, the public water system must collect a set of repeat samples within 24 hours of being notified of the positive result. A system which collects more than one routine sample per month must collect no fewer than three repeat samples for each total coliform-positive sample found. A system which collects one routine sample per month or fewer must collect no fewer than four repeat samples for each total coliform-positive sample found. The Department may extend the 24-hour limit on a case-by-case basis if the system has a problem in collecting the repeat samples within 24 hours that is beyond its control. In the case of an extension, the Department must specify how much time the system has to collect the repeat samples.

(b) 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 away from the end of the distribution system, the Department may waive the requirement to collect at least one repeat sample upstream or downstream of the original sampling site.

(c) The system must collect all repeat samples on the same day and within 24 hours of being notified of a positive result, except that the Department may allow a system with a single service connection to collect the required set of repeat samples over a four consecutive 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 400 ml (300 ml for systems which collect more than one routine sample per month.)

(d) If one or more repeat samples in the set is total coliform-positive, the public water system must collect an additional set of repeat samples in the manner specified in subparagraphs (a), (b), and (c) of this paragraph. The additional samples must be collected within 24 hours of being notified of the positive result, unless the Department extends the limit as provided in subparagraph (a) of this paragraph. The system must repeat this process until either total coliforms are not detected in one complete set of repeat samples or the system determines that the MCL for total coliforms in paragraph (4) of Rule 0400-45-01-.06 has been exceeded and notifies the Department.

(e) If a system normally collecting fewer than five routine samples per monitoring period has one or more total coliform-positive samples and the Department does not invalidate the sample(s) under paragraph (3) of this rule, it must collect at least five routine samples during the next month the system serves water to the public.

(f) 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.

(g) Results of all routine and repeat samples not invalidated by the Department must be included in determining compliance with the MCL for total coliforms in paragraph (4) of Rule 0400-45-01-.06.

(3) Invalidation of Total Coliform Samples. A total coliform-positive sample invalidated under this paragraph does not count towards meeting the minimum monitoring requirement for microbiological contaminants.

(a) The Department may invalidate a total coliform-positive sample only if the conditions of part 1, 2, or 3 of this subparagraph are met.

1. The laboratory establishes that improper sample analysis caused the total coliform-positive result;

2. The Department, on the basis of the results of repeat samples collected as required by subparagraphs (2)(a), (b), (c), and (d) of this rule, determines that the total coliform-positive sample resulted from a domestic or other non-distribution system plumbing problem. The Department 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 are also total coliform-positive, and all repeat samples collected within five service connections of the original tap are total coliform-negative (e.g., the Department 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 public water system has only one service connection).

3. The Department has substantial grounds to believe that a total coliform-positive result is due to a circumstance or condition which does not reflect water quality in the distribution system. In this case, the system must still collect all repeat samples required under subparagraphs (2)(a), (b), (c), and (d) of this rule and use them to determine compliance with the MCL for total coliforms in paragraph (4) of Rule 0400-45-01-.06. To invalidate a total coliform-positive sample under this paragraph, the decision with the rationale for the decision must be documented in writing, and approved and signed by the supervisor of the Departmental official who recommended the decision. The Department 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 Department 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 Department may waive the 24-hour time limit on a case-by-case basis.

(4) Sanitary Surveys

(a) Public water systems which do not collect five or more routine samples per month must undergo an initial sanitary survey by June 29, 1994 for community public water systems and June 29, 1999 for non-community water systems. Thereafter, systems must undergo another sanitary survey every five years, except that non-community water systems using only protected and disinfected ground water, as defined by the Department, must undergo subsequent sanitary surveys at least every ten years after the initial sanitary survey. The Department must review the results of each sanitary survey to determine whether the existing monitoring frequency is adequate and what additional measures, if any, the system needs to undertake to improve drinking water quality.

(b) In conducting a sanitary survey of a system using ground water having an EPA-approved wellhead protection program under section 1428 of the Federal Safe Drinking Water Act, information on sources of contamination within the delineated wellhead protection area that was collected in the course of developing and implementing the program should be considered instead of collecting new information, if the information was collected since the last time the system was subject to a sanitary survey.

(c) Public water systems which do not collect five or more routine samples per month must undergo a sanitary survey performed by the Department at least once every five years. The system is responsible for ensuring the survey takes place by informing the Department within 30 days of the expiration of the 5-year period.

(d) Sanitary surveys conducted by the Department pursuant to Rule 1200-05-01-.40 may be used to meet the sanitary survey requirements of this paragraph.

(e) A public water system may request a sanitary survey re-inspection of its water system provided the public water system requests the re-inspection within sixty (60) days of the receipt of the results of the initial sanitary survey. The public water system requesting the sanitary survey re-inspection shall pay the costs of the re-inspection incurred by the Department.

(5) Subparagraphs (1)(c) and (4)(c) of this rule are applicable until March 31, 2016. The provisions of paragraphs (2) and (3) of this rule and Rules 0400-45-01-.06(4)(c), 0400-45-01-.14(10)(a), and 0400-45-01-.06(4)(a) 3 are applicable until all required repeat monitoring under paragraph (2) of this rule and fecal coliform or E. coli testing under Rule 0400-45-01-.06(4)(c) that was initiated by a total coliform-positive sample taken before April 1, 2016, is completed, as well as analytical method, reporting, recordkeeping, public notification, and consumer confidence report requirements associated with that monitoring and testing. Beginning April 1, 2016, the provisions of Rule 0400-45-01-.41 are applicable, with systems required to begin regular monitoring at the same frequency as the system specific frequency required on March 31, 2016.

Notes

Tenn. Comp. R. & Regs. 0400-45-01-.07

Original rule filed August 1, 2012; effective October 30, 2012. Rule was previously numbered 1200-05-01. Amendments and new rules filed November 24, 2015; effective February 22, 2016. Amendments filed March 7, 2016; effective 6/5/2016.

Authority: T.C.A. §§ 68-221-701 et seq. and 4-5-201 et seq.