Ala. Admin. Code r. 335-7-6-.22

Current through Register Vol. 43, No. 1, October 31, 2024

Section 335-7-6-.22 - Source Toolbox Components

(1) Watershed control program. Systems receive 0.5-log Cryptosporidium treatment credit for implementing a watershed control program that meets the following requirements:

(a) Systems that intend to apply for the watershed control program credit must notify the Department of this intent no later than two years prior to the treatment compliance date applicable to the system in rule 335-7-6-.20.

(b) Systems must submit to the Department a proposed watershed control plan no later than one year before the applicable treatment compliance date in rule 335-7-6-.20. The Department must approve the watershed control plan for the system to receive watershed control program treatment credit. The watershed control plan must include the following elements:

1. Identification of an "area of influence" outside of which the likelihood of Cryptosporidium or fecal contamination affecting the treatment plant intake is not significant. This is the area to be evaluated in future watershed surveys under subparagraph (1)(e)2. of this rule.

2. Identification of both potential and actual sources of Cryptosporidium contamination and an assessment of the relative impact of these sources on the system's source water quality.

3. An analysis of the effectiveness and feasibility of control measures that could reduce Cryptosporidium loading from sources of contamination to the system's source water.

4. A statement of goals and specific actions the system will undertake to reduce source water Cryptosporidium levels. The plan must explain how the actions are expected to contribute to specific goals, identify watershed partners and their roles, identify resource requirements and commitments, and include a schedule for plan implementation with deadlines for completing specific actions identified in the plan.

(c) Systems with existing watershed control programs (i.e., programs in place before January 5, 2006, are eligible to seek this credit. Their watershed control plans must meet the criteria in subparagraph (1)(b) of this rule and must specify ongoing and future actions that will reduce source water Cryptosporidium levels.

(d) If the Department does not respond to a system regarding approval of a watershed control plan submitted under this section and the system meets the other requirements of this section, the watershed control program will be considered approved and 0.5-log Cryptosporidium treatment credit will be awarded unless and until the Department subsequently withdraws such approval.

(e) Systems must complete the following actions to maintain the 0.5-log credit:

1. Submit an annual watershed control program status report to the Department. The annual watershed control program status report must describe the system's implementation of the approved plan and assess the adequacy of the plan to meet its goals. It must explain how the system is addressing any shortcomings in plan implementation, including those previously identified by the Department or as the results of the watershed survey conducted under subparagraph (1)(e)2. of this rule. It must also describe any significant changes that have occurred in the watershed since the last watershed sanitary survey. If a system determines during implementation that making a significant change to its approved watershed control program is necessary, the system must notify the Department prior to making any such changes. If any change is likely to reduce the level of source water protection, the system must also list in its notification the actions the system will take to mitigate this effect.

2. Undergo a watershed sanitary survey every three years and submit the survey report to the Department. The survey must be conducted according to Department guidelines and by persons approved by the Department.

a. The watershed sanitary survey must meet the following criteria: encompass the region identified in the Department-approved watershed control plan as the area of influence; assess the implementation of actions to reduce source water Cryptosporidium levels; and identify any significant new sources of Cryptosporidium.

b. If the Department determines that significant changes may have occurred in the watershed since the previous watershed sanitary survey, systems must undergo another watershed sanitary survey by a date established by the Department, which may be earlier than the regular date in subparagraph (1)(e)2. of this rule.

c. The system must make the watershed control plan, annual status reports, and watershed sanitary survey reports available to the public upon request. These documents must be in a plain language style and include criteria by which to evaluate the success of the program in achieving plan goals. The Department may approve systems to withhold from the public portions of the annual status report, watershed control plan, and watershed sanitary survey based on water supply security considerations.

(f) If the Department determines that a system is not carrying out the approved watershed control plan, the Department may withdraw the watershed control program treatment credit.

(2) Alternative source.

(a) A system may conduct source water monitoring that reflects a different intake location (either in the same source or for an alternate source) or a different procedure for the timing or level of withdrawal from the source (alternative source monitoring). If approved by the Department, a system may determine its bin classification under rule 335-7-2-.17 based on the alternative source monitoring results.

(b) If systems conduct alternative source monitoring under subparagraph (2)(a) of this rule, systems must also monitor their current plant intake concurrently as described rule 335-7-2-.17.

(c) Alternative source monitoring under subparagraph (2)(a) of this rule must meet the requirements for source water monitoring to determine bin classification, as described in rule 335-7-2-.17. Systems must report the alternative source monitoring results to the Department, along with supporting information documenting the operating conditions under which the samples were collected.

(d) If a system determines its bin classification under rule 335-7-2-.17 using alternative source monitoring results that reflect a different intake location or different procedure for managing the timing or level of withdrawal from the source, the system must relocate the intake or permanently adopt the withdrawal procedure, as applicable, no later than the applicable treatment compliance date in rule 335-7-6 -20.

Ala. Admin. Code r. 335-7-6-.22

New Rule: Filed December 18, 2007; effective January 22, 2008.

Author: Dennis D. Harrison

Statutory Authority:Code of Ala. 1975, §§ 22-23-33, 22-23-49, 22-22A-5, 22-22A-6.