Current through all regulations passed and filed through December 2, 2024
Section 3745-81-53 - Revised total coliform rule - coliform treatment technique triggers and assessment requirements(A) Public water systems shall conduct assessments in accordance with paragraph (B) of this rule after exceeding any of the following treatment technique triggers: (1) Level one treatment technique triggers. (a) For a public water system which monitors with at least forty samples per month, the number of total coliform-positive samples exceeds 5.0 per cent of the total number of samples during a month.(b) For a public water system which monitors with fewer than forty samples per month, the system has two or more total coliform-positive samples during the same month.(c) The public water system fails to monitor with all required repeat samples following a total coliform-positive sample.(2) Level two treatment technique triggers. (a) An Escherichia coli (E. coli) maximum contaminant level violation (MCL) in accordance with paragraph (A) of rule 3745-81-54 of the Administrative Code.(b) A second level one treatment technique trigger as defined in paragraph (A)(1) of this rule, within a consecutive twelve-month period, unless the director has determined that the public water system has corrected the likely cause of the total coliform-positive samples that triggered the first assessment.(B) Assessments. (1) Public water systems shall ensure that level one and level two assessments are conducted in order to identify the possible presence of significant deficiencies and deficiencies in distribution system coliform monitoring practices. Level two assessments shall be conducted by a person acceptable by the director.(2) When conducting assessments, public water systems shall 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 shall conduct the assessment consistent with any directives of the director 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.(3) Level one assessments. A public water system shall conduct a level one assessment consistent with requirements set forth by the director if the system exceeds one of the treatment technique triggers in paragraph (A)(1) of this rule. (a) The public water system shall complete a level one assessment as soon as practical after any trigger in paragraph (A)(1) of this rule. In the completed assessment form, the public water system shall describe significant deficiencies detected, corrective actions completed, and a proposed timetable in accordance with rule 3745-81-61 of the Administrative Code for any corrective actions not already completed. The assessment form may also note that no significant deficiencies were identified. The public water system shall submit the completed level one assessment form to the director within thirty days after the system learns that it exceeded a treatment technique trigger.(b) The director shall review the completed level one assessment and determine whether the assessment is sufficient (including any proposed timetable for any corrective actions not already completed). The director shall consult with the public water system in accordance with rule 3745-81-61 of the Administrative Code. If the director requires revisions after consultation, the public water system shall submit a revised assessment form to the director on an agreed upon schedule not to exceed thirty days from the date of the consultation.(c) Upon completion and submission of the assessment form by the public water system, the director shall determine if the system has identified a likely cause for the level one trigger and, if so, establish that the system has corrected the problem or has included a schedule acceptable to the director for correcting the problem.(4) Level two assessments. A public water system shall ensure that a level two assessment is conducted if the system exceeds one of the treatment technique triggers in paragraph (A)(2) of this rule. The public water system shall comply with any expedited actions or additional actions required by the director in the case of an E. coli MCL. (a) The public water system shall ensure that a level two assessment is completed as soon as practical after exceeding any treatment technique trigger in paragraph (A)(2) of this rule. The public water system shall submit a completed level two assessment form to the director within thirty days after the system learns that it has exceeded a trigger. The assessment form shall describe significant deficiencies detected, corrective actions completed, and a proposed timetable in accordance with rule 3745-81-61 of the Administrative Code for any corrective actions not already completed. The assessment form may also note that no significant deficiencies were identified.(b) The director shall review the completed level two assessment and determine whether the assessment is sufficient (including any proposed timetable for any corrective actions not already completed). If the director finds that the assessment is not sufficient, the director shall consult with the public water system in accordance with rule 3745-81-61 of the Administrative Code. If the director requires revisions after consultation, the public water system shall submit a revised assessment form to the director on an agreed upon schedule not to exceed thirty days.(c) Upon completion and submission of the assessment form by the public water system, the director shall determine if the system has identified a likely cause for the level two trigger and determine whether the system has corrected the problem or has included a schedule acceptable to the director for correcting the problem.(C) Significant deficiencies found through either level one or level two assessments conducted in accordance with paragraph (B) of this rule shall be corrected by the public water system in accordance with rule 3745-81-61 of the Administrative Code.Ohio Admin. Code 3745-81-53
Five Year Review (FYR) Dates: 2/15/2022 and 02/15/2027
Promulgated Under: 119.03
Statutory Authority: 6109.04
Rule Amplifies: 6109.03, 6109.04
Prior Effective Dates: 04/01/2016Five Year Review (FYR) Dates: 1/5/2022 and 01/05/2027
Promulgated Under: 119.03
Statutory Authority: 6109.04
Rule Amplifies: 6109.03, 6109.04
Prior Effective Dates: 04/01/2016 (Temp.)