Current through Register Vol. 54, No. 44, November 2, 2024
Section 109.1003 - Monitoring requirements(a)General monitoring requirements. Bottled water and vended water systems, retail water facilities and bulk water hauling systems shall monitor for compliance with the MCLs, MRDLs and treatment techniques as follows, except that systems which have installed treatment to comply with a primary MCL shall conduct quarterly operational monitoring for the contaminant which the treatment is designed to remove:(1) Bottled water systems, retail water facilities and bulk water hauling systems, for each entry point shall: (i) Monitor weekly for the presence or absence of total coliform. For any total coliform positive routine or check sample, determine the presence or absence of E. coli. All analyses must be conducted in accordance with analytical techniques approved by the Department under § 109.304 (relating to analytical requirements). A system may forego E. coli testing on a total coliform-positive sample if the system assumes that any total coliform-positive sample is also E. coli-positive. A system which chooses to forego E. coli testing shall, under § 109.701(a)(3) (relating to reporting and recordkeeping), notify the Department within 1 hour after the water system learns of the violation or the situation, and shall provide public notice in accordance with § 109.1004 (relating to public notification).(ii) Monitor for turbidity every 4 hours or continuously each day a surface water or GUDI source is in use.(iii) Monitor for compliance with the MCLs for VOCs in accordance with 109.301(5) beginning during the quarter that begins January 1, 1995, except that: (A) Systems that obtain finished water from another permitted public water system are exempt from conducting monitoring for the VOCs if the public water system supplying the finished water performs the required monitoring at least annually and a copy of the analytical reports are received by the Department.(B) For systems in existence prior to January 1, 1995, that obtain raw water from only protected groundwater sources, initial monitoring for compliance with the MCLs for VOCs established by the EPA under 40 CFR 141.61(a) (relating to MCLs for organic contaminants) on January 30, 1991, and July 17, 1992, will be reduced to one sample for entry points or systems which meet the following conditions: (I) The VOC monitoring required by the Department between January 1, 1988, and December 31, 1994, has been conducted and no VOCs were detected.(II) The first quarter of VOC monitoring required by this subparagraph has been conducted during the first quarter of 1995 with no detection of a VOC.(C) Initial monitoring of new entry points associated with new sources which are permitted in accordance with 109.1005 (relating to permit requirements) to begin operation after December 31, 1994, shall be conducted as follows:(I) Entry points at which a VOC is detected during new source monitoring shall be monitored quarterly beginning the first quarter the entry points begin serving the public. Quarterly monitoring shall continue until reduced monitoring is granted in accordance with clause (D)(I).(II) Entry points at which no VOC is detected during new source monitoring shall begin initial quarterly monitoring during the first calendar quarter of the year after the entry point begins serving the public.(D) Repeat monitoring for entry points shall be conducted as follows: (I) For an entry point at which a VOC is detected during initial monitoring or where a VOC is detected anytime at a level in excess of its MCL, compliance monitoring shall be repeated quarterly for the VOCs for which the EPA has established MCLs under 40 CFR 141.61(a), except for vinyl chloride as provided in 109.301(5)(i). After analyses of four consecutive quarterly samples at an entry point, including initial quarterly monitoring samples, demonstrate that the VOC levels in each quarterly sample are less than the MCLs, the required compliance monitoring is reduced to one sample per year at that entry point for all 21 VOCs, except for vinyl chloride as provided in § 109.301(5)(i).(II) For a groundwater or surface water entry point at which VOCs are not detected during the initial and subsequent repeat monitoring, repeat monitoring shall be one sample per year from that entry point.(iv) Conduct initial and repeat monitoring for compliance with the MCLs for SOCs-pesticides and PCBs-in accordance with 109.301(6) for four consecutive quarters beginning during the quarter that begins January 1, 1995, except that:(A) Systems that obtain finished water from another permitted public water system are exempt from conducting compliance monitoring for the SOCs if one of the following applies: (I) The public water system supplying the finished water performs the required monitoring annually and a copy of the analytical results are received by the Department.(II) The public water system supplying the water has been granted a waiver from conducting the initial or repeat compliance monitoring, or both, for one or more SOCs under 109.301(6)(v). This exemption from conducting compliance monitoring applies only to SOCs indicated in the waiver.(B) Systems which are granted an initial monitoring waiver in accordance with 109.301(6)(v) are exempt from conducting compliance monitoring for the SOCs indicated in the waiver.(C) Initial monitoring of new entry points associated with new sources which are permitted in accordance with 109.1005 to begin operation after December 31, 1994, shall be conducted as follows: (I) Entry points at which an SOC is detected during new source monitoring shall be monitored quarterly beginning the first quarter the entry points begin serving the public. Quarterly monitoring shall continue until reduced monitoring is granted in accordance with clause (D)(I).(II) Entry points at which no SOC is detected during new source monitoring and which begin operation before April 1, 1995, shall conduct initial quarterly monitoring beginning during the quarter beginning January 1, 1995.(III) Entry points at which no SOC is detected during new source monitoring and which begin operation after March 31, 1995, shall conduct initial quarterly monitoring beginning during the first calendar quarter of the year after the entry point begins serving the public.(D) Repeat monitoring for entry points shall be conducted as follows: (I) For entry points at which an SOC is detected during initial monitoring or where an SOC is detected anytime in excess of its MCL, compliance monitoring shall be repeated quarterly for the detected SOC for which the EPA has an established MCL under 40 CFR 141.61(c). After analyses of four consecutive quarterly samples at an entry point, including initial quarterly monitoring samples, demonstrate that the SOC level in each quarterly sample is less than the MCL, the required compliance monitoring is reduced for each SOC below the MCL to one sample per year at that entry point.(II) For a groundwater or surface water entry point at which SOCs are not detected during the initial and any subsequent repeat monitoring, repeat monitoring shall be one sample per year from that entry point.(v) Beginning in 1995, monitor for the primary IOCs, including lead and copper annually, except that: (A) Systems are granted a waiver from asbestos monitoring unless the Department determines that the system's finished water is vulnerable to asbestos contamination by means of an asbestos cement pipe or the system's source water is vulnerable to asbestos contamination.(B) Systems that obtain finished water from another permitted public water system are exempt from conducting compliance monitoring for the IOCs, except lead, copper and asbestos if the supplying system has not optimized corrosion control, if the public water system supplying the finished water performs the required monitoring annually and a copy of the analytical results is received by the Department.(C) Monitoring for compliance with the MCLs for nitrate and nitrite shall be conducted quarterly following a monitoring result which is equal to or greater than 50% of the MCL. After four consecutive quarterly samples, indicate nitrate and nitrite in each sample are less than 50% of the MCLs, required monitoring is reduced to one sample per year.(vi) Conduct operational monitoring for fluoride at least once each day, if the system fluoridates its water.(vii) Monitor for compliance with radiological MCLs once every 4 years.(viii)TTHM and HAA5 Stage 1 DBP Rule. Beginning January 1, 2004, monitor annually for TTHM and HAA5 if the system uses a chemical disinfectant or oxidant, or obtains finished water from another public water system that uses a chemical disinfectant or oxidant to treat the water. Bottled water systems are not required to monitor for TTHM and HAA5 if the system does not use a chlorine-based disinfectant or oxidant and does not obtain finished water from another public water system that uses a chlorine-based disinfectant or oxidant to treat the water. (A)Routine monitoring. Systems shall take at least one sample per year per entry point during the month of warmest water temperature. If the sample, or average of all samples, exceeds either a TTHM or HAA5 MCL, the system shall take at least one sample per quarter per entry point. The system shall return to the sampling frequency of one sample per year per entry point if, after at least 1 year of monitoring, the TTHM running annual average is no greater than 0.060 mg/L and the HAA5 running annual average is no greater than 0.045 mg/L.(B)Reduced monitoring. Systems that use groundwater sources shall monitor for TTHM and HAA5 for at least 1 year prior to qualifying for reduced monitoring. The Department retains the right to require a system that meets the requirements of this clause to resume routine monitoring.(I) Systems that use groundwater sources shall reduce monitoring to one sample per 3-year cycle per entry point if the annual TTHM average is no greater than 0.040 mg/L and the annual HAA5 average is no greater than 0.030 mg/L for 2 consecutive years or the annual TTHM average is no greater than 0.020 mg/L and the annual HAA5 average is no greater than 0.015 mg/L for 1 year. The sample shall be taken during the month of warmest water temperature. The 3-year cycle shall begin on January 1 following the quarter in which the system qualifies for reduced monitoring.(II) Systems that use groundwater sources that qualify for reduced monitoring shall remain on reduced monitoring if the TTHM annual average is no greater than 0.060 mg/L and the HAA5 annual average is no greater than 0.045 mg/L. Systems that exceed these levels shall resume routine monitoring as prescribed in clause (A), except that systems that exceed either a TTHM or HAA5 MCL shall increase monitoring to at least one sample per quarter per entry point beginning in the quarter immediately following the quarter in which the system exceeds the TTHM or HAA5 MCL.(ix)TTHM and HAA5 Stage 2 DBP Rule. Beginning October 1, 2013, monitor annually for TTHM and HAA5 if the system uses a chemical disinfectant or oxidant to treat the water, or obtains finished water from another public water system that uses a chemical disinfectant or oxidant to treat the water as follows:(A)Routine monitoring. Systems shall take at least one dual sample set per year per entry point during the peak historical month except that systems meeting the conditions in subsection (d) or (e) shall monitor in accordance with 109.301(12)(ii) (relating to general monitoring requirements).(B)Increased monitoring. If any sample results exceed either a TTHM or HAA5 MCL, the system shall take at least one dual sample set per quarter (every 90 days) per entry point. The system shall return to the sampling frequency of one dual sample set per year per entry point if, after at least 1 year of monitoring, each TTHM sample result is no greater than 0.060 mg/L and each HAA5 sample result is no greater than 0.045 mg/L.(C)Compliance determinations. Compliance with the TTHM and HAA5 MCLs is based on the LRAA. (I) A system required to monitor quarterly shall calculate LRAAs for TTHM and HAA5 using monitoring results collected under this subparagraph and determine that each LRAA does not exceed the MCL. A system that fails to complete 4 consecutive quarters of monitoring shall calculate compliance with the MCL based on the average of the available data from the most recent 4 quarters. A system that takes more than one sample per quarter at a monitoring location shall average all samples taken in the quarter at that location to determine a quarterly average to be used in the LRAA calculation.(II) A system required to monitor yearly or less frequently shall determine that each sample result is less than the MCL. If any single sample result exceeds the MCL, the system shall comply with the requirements of clause (B). If no sample result exceeds the MCL, the sample result for each monitoring location is considered the LRAA for that monitoring location.(III) A system required to conduct quarterly monitoring shall make compliance calculations at the end of the 4th calendar quarter that follows the compliance date (or earlier if the LRAA calculated based on fewer than 4 quarters of data would cause the MCL to be exceeded regardless of the monitoring results of subsequent quarters) and at the end of each subsequent calendar quarter. A system required to conduct monitoring at a frequency that is less than quarterly shall make compliance calculations beginning with the first compliance sample taken after the compliance date.(IV) A system is in violation of the MCL when the LRAA at any location exceeds the MCL for TTHM or HAA5, calculated as specified in subclause (I), or the LRAA calculated based on fewer than 4 quarters of data if the MCL would be exceeded regardless of the monitoring results of subsequent quarters. If a system fails to monitor, the system is in violation of the monitoring requirements for each quarter that a monitoring result would be used in calculating an LRAA.(x) Beginning January 1, 2004, monitor daily for chlorite if the system uses chlorine dioxide for disinfection or oxidation. Systems shall take at least one daily sample at the entry point. If a daily sample exceeds the chlorite MCL, the system shall take three additional samples within 24 hours from the same lot, batch, machine, carrier vehicle or point of delivery. The chlorite MCL is based on the average of the required daily sample plus any additional samples.(xi) Beginning April 28, 2018, a system using chlorine dioxide shall take one sample per day at each entry point. A violation of the chlorine dioxide MRDL occurs when any entry point sample result exceeds the chlorine dioxide MRDL.(xii) Beginning January 1, 2004, monitor monthly for bromate if the system uses ozone for disinfection or oxidation. (A)Routine monitoring. Systems shall take one sample per month for each entry point that uses ozone while the ozonation system is operating under normal conditions.(B)Reduced monitoring.(I) Until March 31, 2009, systems shall reduce monitoring for bromate from monthly to quarterly if the average source water bromide concentration is less than 0.05 mg/L based upon representative monthly bromide measurements for 1 year. Systems on reduced monitoring shall continue monthly source water bromide monitoring. If the running annual average source water bromide concentration, computed quarterly, is equal to or exceeds 0.05 mg/L, the system shall revert to routine monitoring as prescribed by clause (A).(II) Beginning April 1, 2009, a system required to analyze for bromate may reduce monitoring from monthly to quarterly, if each sample result analyzed using methods specified in 40 CFR 141.132(b)(3)(ii)(B) (relating to monitoring requirements) is less than or equal to 0.0025 mg/L based on monthly measurements as prescribed in clause (A) for the most recent 12 months. Systems qualifying for reduced bromate monitoring under subclause (I) may remain on reduced monitoring as long as each sample result analyzed using methods specified in 40 CFR 141.132(b)(3)(ii)(B) from the previous 12 months is less than or equal to 0.0025 mg/L. If any sample result exceeds 0.0025 mg/L, the system shall resume routine monitoring as prescribed under clause (A).(xiii) Beginning April 28, 2018, a system that provides filtration of surface water or GUDI sources shall comply with the following: (A) Maintain a residual at the entry point as specified in 109.202(c)(1)(ii) (relating to State MCLs, MRDLs and treatment technique requirements).(B) Monitor residual disinfectant concentration at the entry point in accordance with § 109.301(1)(i)(C).(C) Report the results in accordance with § 109.701(a)(2).(xiv) Beginning April 28, 2018, a system that uses or obtains finished water from another permitted public water system using surface water or GUDI sources shall comply with the following requirements: (A) As a minimum, a detectable residual disinfectant concentration of 0.20 mg/L measured as total chlorine, combined chlorine, chlorine dioxide or another level approved by the Department for systems using an alternate oxidizing disinfection treatment shall be maintained at the entry point as demonstrated by monitoring conducted under § 109.301(1) and (2) or (8)(v).(B) Sampling points with nondetectable residual disinfectant concentrations which have heterotrophic plate count measurements of less than 500/ml are deemed to be in compliance with clause (A).(C) When the requirements of clause (A) or (B) cannot be achieved, the supplier shall initiate an investigation under the Department's direction to determine the cause, potential health risks and appropriate remedial measures.(xv) Beginning January 1, 2024, monitor for compliance with the MCLs for PFAS established under § 109.202(a). (A)Monitoring exemption. Systems that obtain finished water from another permitted public water system are exempt from conducting monitoring for PFAS if the public water system supplying the finished water performs the required monitoring at least annually and a copy of the analytical reports are received by the Department.(B)Initial monitoring. Initial monitoring shall consist of 4 consecutive quarterly samples at each entry point. Systems that add new sources to new or existing entry points on or after January 1, 2024, shall conduct initial monitoring according to this clause. An entry point with one or more new sources shall be monitored for 4 consecutive quarters, beginning the first full quarter the entry point begins serving the public.(C)Repeat monitoring. Repeat monitoring for entry points shall be conducted as follows: (I) For an entry point at which a PFAS is detected during initial monitoring or where a PFAS is detected anytime at a level in excess of its MCL, compliance monitoring for the detected PFAS shall be conducted quarterly. After analyses of four consecutive quarterly samples at an entry point, including initial quarterly monitoring samples, demonstrate that the PFAS level in each quarterly sample is reliably and consistently below the MCL, the required compliance monitoring is reduced to one sample per year at that entry point for the detected PFAS.(II) For an entry point at which a PFAS is not detected during the initial and subsequent repeat monitoring, repeat monitoring shall be one sample per year from that entry point.(D)Confirmation samples. A confirmation sample shall be collected and analyzed for each of the PFAS detected in exceedance of its MCL during annual monitoring. The confirmation sample shall be collected within 2 weeks of notification from the accredited laboratory performing the analysis of the MCL exceedance.(E)Repeat and performance monitoring for entry points with PFAS removal treatment. Compliance monitoring shall be conducted annually at entry points with PFAS treatment. Performance monitoring shall be conducted at least quarterly for the specific PFAS for which treatment is provided.(F)Invalidation of PFAS samples.(I) The Department may invalidate results of obvious sampling errors.(II) A sample invalidated under this clause does not count towards meeting the minimum monitoring requirements of this subparagraph.(G)Compliance determinations. Compliance with the PFAS MCLs shall be determined based on the analytical results obtained at each entry point. If one entry point is in violation of an MCL, the system is in violation of the MCL. (I) For systems monitoring more than once per year, compliance with the MCL is determined by a running annual average of all samples taken at each entry point.(II) If monitoring is conducted annually, the system is out of compliance if the level of a contaminant at any entry point is greater than the MCL. If a confirmation sample is collected as specified in clause (D), compliance is determined using the average of the two sample results.(III) If any sample result will cause the running annual average to exceed the MCL at any entry point, the system is out of compliance with the MCL immediately.(IV) If a system fails to collect the required number of samples, compliance with the MCL will be based on the total number of samples collected.(V) If a sample result is less than the MRL, zero will be used to calculate compliance.(2) Vended water systems shall monitor in accordance with paragraph (1) except that vended water systems qualifying for permit by rule under § 109.1005(b), for each entry point shall: (i) Monitor monthly for microbiological contaminants.(ii) Monitor annually for total dissolved solids, lead and cadmium.(iii) Conduct special monitoring as required by the Department.(iv) Beginning April 28, 2018, a system that obtains finished water from another permitted public water system using surface water or GUDI sources shall also monitor in accordance with paragraph (1)(xiv).(b)Sampling requirements. (1) For bottled water and vended water systems, retail water facilities and bulk water hauling systems, samples taken to determine compliance with subsection (a) shall be taken from each entry point. (i) For bottled water systems, each entry point means each finished bottled water product. If multiple sources are used for a product and are not blended prior to bottling, the bottled water product for each source shall be considered a different product for monitoring purposes.(ii) For bulk water hauling systems, retail water facilities and vended water systems, each entry point shall mean a point of delivery to the consumer from each carrier vehicle, machine or dispenser representative of each source.(2) For the purpose of determining compliance with the monitoring and analytical requirements established under this subchapter, the Department will consider only those samples analyzed by a laboratory accredited by the Department, except that measurements of turbidity, fluoridation operation, residual disinfectant concentration, daily chlorite, temperature and pH may be performed by a person meeting the requirements of 109.1008(c) (relating to system management responsibilities).(3) Sampling and analysis shall be performed in accordance with analytical techniques adopted by the EPA under the Federal act or methods approved by the Department in accordance with § 109.304.(4) Compliance monitoring samples for VOCs, as required under subsection (a)(1)(iii), shall be collected by a person properly trained by a laboratory certified by the Department to conduct VOC or vinyl chloride analysis. (5) Compliance monitoring samples required under subsection (a)(1)(iii) may be composited in accordance with 40 CFR 141.24(g)(7) (relating to organic chemicals, sampling and analytical requirements) except: (i) Samples from groundwater entry points may not be composited with samples from surface water entry points.(ii) Samples from one type of bottled water product or vended water product may not be composited with samples from another type of bottled water product or vended water product.(iii) Samples used in compositing shall be collected in duplicate.(iv) If a VOC listed under 40 CFR 141.61(a) is detected at an entry point, samples from that entry point may not be composited for subsequent compliance or repeat monitoring requirements.(v) Samples obtained from an entry point which contains water treated by a community water supplier or nontransient noncommunity water supplier to specifically meet an MCL for a VOC listed under 40 CFR 141.61(a) may not be composited with other entry point samples.(c)Repeat monitoring for microbiological contaminants. (1) If a sample collected in accordance with subsection (a)(1)(i) or (2)(i) is found to be total coliformpositive:(i) The bottled water system shall collect a set of three additional samples (check) from the same lot or batch of the type of product.(ii) The vended water, retail water facility or bulk water hauling systems shall collect a set of three additional samples (check) from the same entry point (machine, point of delivery or carrier vehicle).(2) Samples shall be collected for analysis within 24 hours of being notified of the total coliformpositive sample. The Department may extend this 24-hour collection limit to a maximum of 72 hours if the system adequately demonstrates a logistical problem outside the system's control in having the check samples analyzed within 30 hours of collection. A logistical problem outside the system's control may include a coliformpositive result received over a holiday or weekend in which the services of a Department certified laboratory are not available within the prescribed sample holding time.(3) At a minimum, the system shall collect one set of check samples for each total coliformpositive routine sample. If a check sample is total coliformpositive, the public water system shall collect additional check samples in the manner specified in this subsection. The system shall continue to collect check samples until either total coliforms are not detected in a set of check samples, or the system determines that an assessment has been triggered under § 109.202(c)(4).(d)A bulk water hauling system that serves at least 25 of the same persons year around. A bulk water hauling system that is determined by the Department to serve at least 25 of the same persons year round shall also comply with the monitoring requirements for community water systems in accordance with 109.301.(e)A bulk water hauling system, vended water system or retail water facility that serves at least 25 of the same persons over 6 months per year. A bulk water hauling system, vended water system or retail water facility that is determined by the Department to serve at least 25 of the same persons over 6 months per year shall also comply with the monitoring requirements for nontransient noncommunity water systems in accordance with § 109.301.(f)Additional monitoring requirements for surface water and GUDI sources. Bottled water and vended water systems, retail water facilities and bulk water hauling systems shall comply with the monitoring requirements under Subchapter L (relating to long-term 2 enhanced surface water treatment rule).(g)Additional monitoring requirements for groundwater sources. Bottled water and vended water systems, retail water facilities and bulk water hauling systems shall comply with the monitoring requirements under Subchapter M (relating to additional requirements for groundwater sources).(h)Compliance determinations. Compliance with MCLs, MRDLs and treatment techniques shall be determined in accordance with §§ 109.202 and 109.301.(i)Special monitoring requirements. Bottled water and vended water systems, retail water facilities and bulk water hauling systems shall comply with 109.302 (relating to special monitoring requirements).The provisions of this §109.1003 adopted May 15, 1992, effective 5/16/1992, 22 Pa.B. 2621; amended October 7, 1994, effective 10/8/1994, 24 Pa.B. 5175; corrected June 2, 1995, effective 2/4/1995, 25 Pa.B. 2180; amended April 23, 1999, effective 4/24/1999, 29 Pa.B. 2231; amended July 20, 2001, effective 7/21/2001, 31 Pa.B. 3895; amended August 9, 2002, effective 8/10/2002, 32 Pa.B. 3894; amended August 13, 2004, effective 8/14/2004, 34 Pa.B. 4435; amended May 22, 2009, effective 5/23/2009, 39 Pa.B. 2661; corrected August 29, 2009, effective 8/1/2009, 39 Pa.B. 5119; amended December 24, 2009, effective 12/26/2009, 39 Pa.B. 7279Amended by Pennsylvania Bulletin, Vol 46, No. 39. September 24, 2016, effective 9/24/2016Amended by Pennsylvania Bulletin, Vol 48, No. 17. April 28, 2018, effective 4/28/2018Amended by Pennsylvania Bulletin, Vol 48, No. 33. August 18, 2018, effective 8/18/2018Amended by Pennsylvania Bulletin, Vol 53, No. 02. January 14, 2023, effective 1/14/2023Amended by Pennsylvania Bulletin, Vol 53, No. 07. February 18, 2023, effective 2/18/2023The provisions of this §109.1003 amended under section 4 of the Pennsylvania Safe Drinking Water Act (35 P.S. § 721.4); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).
This section cited in 25 Pa. Code § 109.303 (relating to sampling requirements); and 25 Pa. Code § 109.1008 (relating to system management responsibilities).