216 R.I. Code R. 216-RICR-50-05-1.17

Current through December 26, 2024

Section 216-RICR-50-05-1.17 - Non-Community Water System Requirements

1.17.1Microbiological

A. Revised Total Coliform Rule (RTCR)

1. The provisions of § 1.17 of this Part are applicable, with PWSs required to begin regular monitoring at the same frequency as the PWS-specific frequency required.

2. Monitoring Requirement

a. Non-community PWS on quarterly monitoring remain on that schedule unless they have an event that triggers increased monitoring.

(1) PWS, including seasonal PWS, must continue to monitor according to the total coliform monitoring schedules that were in effect on March 31, 2016, unless any of the conditions for increased monitoring in § 1.16.4(A)(12) of this Part or as mentioned in § 1.17.1(A)(6) of this Part are triggered, or unless otherwise directed by the Director.

(2) The State must perform a special monitoring evaluation during each sanitary survey to review the status of the PWS, including the distribution system, to determine whether the PWS is on an appropriate monitoring schedule. After the State has performed the special monitoring during each sanitary survey, the Director may modify the PWS's monitoring schedule, as necessary, or it may allow the PWS to stay on its existing monitoring schedule, consistent with the provisions of this Section. The Director may not allow PWSs to begin less monitoring under this special monitoring evaluation unless the PWS has already met the applicable criteria for less frequent monitoring in this Section. For seasonal PWSs on quarterly monitoring, this evaluation must include review of the approved sample siting plan, which must designate the time period (s) for monitoring based on site-specific considerations (e.g., during periods of highest demand or highest vulnerability to contamination). The seasonal PWS must collect compliance samples during these time periods.

b. Groundwater non-community PWS serving 1,000 or fewer persons remain on their former TCR schedule unless or until conditions occur as described in §§ 1.16.4(A)(12) and 1.17.1(A)(6) of this Part, or unless otherwise ordered by the Director.

(1) A seasonal non-community PWS serving 1,000 or fewer persons on quarterly monitoring remains on that schedule unless they have an event that triggers increased monitoring, or if they are ordered by the Director, or if they do not provide a seasonal PWS sample plan to the Director by April 1, 2016 as specified in § 1.17.1(A)(3)(b) of this Part.

(2) If the PWS fails to meet the criteria in § 1.17.1(A)(3)(b) of this Part, the PWS must monitor every month that it is in operation and will not be eligible for monitoring less frequently than monthly for that season.

c. A non-community PWS using only groundwater and serving more than 1,000 persons during any month must monitor at the same frequency as a like-sized community PWS as specified in § 1.16.4(A)(4) of this Part.

d. A seasonal non-community PWS serving more than 1,000 persons must sample as a like-sized community PWS and must provide a seasonal PWS sample plan to the Director by April 1, 2016 as specified in § 1.17.1(A)(3)(b) of this Part.

e. A non-community PWS using surface water in total or in part, must monitor at the same frequency as a like-sized community PWS as specified in § 1.16.4(A)(4) of this Part.

f. A non-community PWS using groundwater under the direct influence of surface water, as determined by the Director, in total or in part must monitor at the same frequency as a like-sized community PWS, as specified in § 1.16.4(A)(4) of this Part, within six (6) months of said determination by the Director.

3. Sampling Plan

a. All PWS must collect total coliform samples at sites which are representative of water throughout the distribution system according to a written sample plan. These plans are subject to the Director's review and revision as specified in § 1.16.4(A)(4)(a) of this Part.

b. Seasonal PWSs

(1) All seasonal non-community PWS must demonstrate completion of a State-approved start-up procedure and submit sampling plan to the Director by April 1, 2016 and henceforth annually prior to serving water to the public.

(2) The seasonal PWS sample plan is not limited to, but must consist of the following:

(AA) An annual updated seasonal start date and closing date.

(BB) A State-approved start up procedure and shut down procedure specific to that PWS, with an annual attestation submitted to the Director prior to that PWS serving water to the public certifying that the startup procedures were followed. An acceptable startup procedure must include but is not limited to the following:

(i) Verification that any and all currently identified or historical sanitary defects have been corrected;

(ii) Disinfection procedure;

(iii) Distribution system flushing;

(iv) Sampling for total coliform and E. coli for every repressurized zone before the PWS is allowed to serve water to the public from that zone.

(v) The annual operating period, startup attestation, and total coliform absent result(s) must be submitted to the Director prior to the PWS serving the public. If the PWS chooses to open on a date later than that provided to the Director from the previous year, the PWS must notify the Director of such change in writing prior to the month and day listed on record with the Director.

(3) The plan must include primary sampling locations and repeat sampling locations (upstream and downstream of primary sites) that are representative of water quality throughout the distribution system.

(4) The plan must identify each source the PWS has and indicate that the PWS has the ability to get representative samples of raw water from each source.

(5) The plan must include a distribution map/floor plan/or schematic of the PWS identifying the primary sampling sites, repeat sampling sites, and source locations.

(6) For seasonal PWS monitoring less frequently than monthly, the plan must designate the time period for monitoring based on site-specific considerations (e.g., during periods of highest demand or highest vulnerability to contamination). Routine Coliform sampling for PWSs on a quarterly monitoring frequency must occur during each quarter of operation to coincide with the documented periods when there is greatest vulnerability or PWS demand.

(7) The State may exempt any seasonal PWS from some or all of the requirements for seasonal PWSs if the entire distribution system remains pressurized during the entire period that the PWS is not operating, except that PWS that monitor less frequently than monthly must still monitor during the vulnerable period designated by the State.

(8) In the absence of an approved seasonal PWS sample plan by April 1, 2016 or failure to complete State-approved start up procedures prior to serving water to the public, the PWS will receive a Treatment Technique violation and if serving 1,000 or fewer people, will be put on a monthly sampling schedule beginning the month that the PWS starts serving the public.

(9) If the seasonal PWS fails to submit annual certification of its startup procedure, the PWS will receive a reporting violation.

c. Year-Round Non-Community PWSs with Some Infrastructure Dewatering. Non-community PWS that dewater some of their infrastructure and keep only a small area pressurized during the "off season" must demonstrate completion of a state approved start-up procedure for those portions of the PWS that get dewatered and submit a sampling plan to the Director.

(1) The PWS will still be required to sample the pressurized zone(s) during "off-season" periods if there is any consumptive use as per §§ 1.17.1(A)(1) and (2) of this Part.

(2) The sample plan for year-round non-community PWSs that dewater some of their infrastructure must consist of the following:

(AA) An annual updated start date for repressurized zones and projected date for dewatering after peak season.

(BB) A State approved start up procedure and shut down procedure specific to that PWS, with an annual attestation certifying that the startup procedures for the PWS's repressurized zones were followed must be submitted to the Director prior to serving water to the public from those repressurized zones.

(CC) An acceptable startup procedure must include but is not limited to the following:

(i) Verification that any and all currently identified or historical sanitary defects have been corrected.

(ii) Disinfection procedure for reactivating dewatered zones.

(iii) Distribution system flushing for zones being repressurized

(iv) Sampling for total coliform and E. coli for every repressurized zone before the PWS is allowed to serve water to the public from that zone.

(v) The annual operating period, start-up attestation, and total coliform absent result(s) from all repressurized zones must be submitted to the Director prior to the PWS's serving the public.

(vi) If the PWS chooses to open repressurized zones on a date later than that provided to the Sate from the previous year, the PWS must notify the Director of such change in writing prior to the month and day listed on record with the State.

(3) The plan must include primary sampling locations and repeat sampling locations (upstream amp; downstream of primary sites) that are representative of water quality throughout the distribution system for both the "off season" and "peak season" periods.

(4) The plan must identify each source the PWS has and indicate that the PWS has the ability to get representative samples of raw water from each source.

(5) The plan must include a distribution map/floor plan/or schematic of the PWS identifying the primary sampling sites, repeat sampling sites, and source locations.

(6) The plan must also indicate when the PWS is most vulnerable or when there is greatest demand.

(7) Routine coliform sampling for PWS on a quarterly monitoring frequency must occur during each quarter of operation to coincide with the documented periods when there is greatest vulnerability or system demand.

(8) The sampling periods must be identified on the plan.

(9) PWSs that monitor less frequently than monthly must still monitor during the vulnerable period designated by the State.

(10) In the absence of an approved sample plan by April 1, 2016 or failure to complete state approved start-up procedures for its dewatered infrastructure prior to serving water to the public, the PWS will receive a Treatment Technique violation and if serving 1,000 or fewer people, will be put on a monthly sampling schedule.

(11) If the PWS fails to submit annual certification of its startup procedure(s) for its dewatered infrastructure, the PWS will receive a reporting violation.

4. Non-Community PWS Requirements Similar to Community PWS Requirements.

a. The following requirements for PWS found in § 1.16.4 of this Part also apply to non-community PWS:

(1) § 1.16.4(A) of this Part: RTCR

(2) § 1.16.4(A)(4) of this Part: Routine Monitoring

(3) § 1.16.4(A)(5) of this Part: Analytical Methodology

(4) § 1.16.4(A)(6) of this Part: Maximum Contaminant Levels (MCLs) and Treatment Technique (TT) for Microbiological Contaminants

(5) § 1.16.4(A)(7) of this Part: Assessments and Corrective Action

(6) § 1.16.4(A)(8) of this Part: Repeat Monitoring

(7) § 1.16.4(A)(9) of this Part: E. coli Testing

(8) § 1.16.4(A)(10) of this Part: Invalidation of Samples

(9) § 1.16.4(A)(14) of this Part: Sanitary Surveys

(10) § 1.16.4(A)(15) of this Part: Violation Types

(11) § 1.16.4(A)(16) of this Part: Reporting Requirements

5. Reduced Monitoring

a. A seasonal groundwater PWS serving 1,000 or fewer people can be eligible for reduced monitoring from monthly to quarterly by having an approved sample site plan meeting all the criteria as stated in § 1.17.1(A)(3) of this Part and it must also meet all of the following:

(1) A sanitary survey or site visit or Level 2 assessment must have been performed at the PWS within the last 12 months.

(2) The PWS must have a protected water source.

(3) The source meets approved construction standards

(4) The PWS must have a clean compliance history for a minimum of a rolling 12-month period.

(5) The PWS must be free of sanitary defects.

b. PWS may not reduce monitoring, except for non-community PWS using only groundwater (and not groundwater under the direct influence of surface water) serving 1,000 or fewer people in some months and more than 1,000. When more than 1,000 persons are served, the PWS must monitor at the frequency specified in § 1.16.4(A)(4) of this Part. In months when 1,000 or fewer people are served, the State may reduce the monitoring frequency, in writing, to a frequency allowed under § 1.17.1(A)(1) of this Part for a similarly situated PWS that always serves 1,000 or fewer people taking into account the provisions of § 1.17.1(A)(5) of this Part.

c. For the purpose of determining eligibility for remaining on or qualifying for quarterly monitoring under the provisions of §§ 1.17.1(A)(7)(a)((4)) and 1.17.1(A)(5)(a)((4)) of this Part respectively, of this Part for transient non-community PWS, the State may elect to not count monitoring violations under § 1.16.4(A)(15)(c)((1)) of this Part if the missed sample is collected no later than the end of the monitoring period following the monitoring period in which the sample was missed. The PWS must collect the make-up sample in a different week than the routine sample for that monitoring period and should collect the sample as soon as possible during the monitoring period. This authority does not affect the provisions of §§ 1.16.4(A)(15)(c)((1)) and 1.16.4(A)(16)(a)((4)) of this Part.

6. Increased Monitoring for Non-Community PWS

a. A groundwater Non-community PWS serving 1,000 or fewer people, including seasonal PWSs, must increase from quarterly monitoring to monthly monitoring if one of the following occurs:

(1) The PWS has a triggered Level 2 assessment or a second Level 1 assessment in a rolling 12-month period.

(2) The PWS has an E. coli MCL violation.

(3) The PWS has a coliform treatment technique violation.

(4) The PWS has two monitoring violations within a rolling 12-month period or the PWS has one coliform monitoring violation and has triggered one Level 1 assessment in a rolling 12-month period.

b. A PWS on quarterly monitoring that experiences any of the events identified in § 1.17.1(A)(6)(a) of this Part must begin monthly monitoring the month following the event. The PWS must continue monthly monitoring until the requirements in § 1.17.1(A)(7)(a) of this Part are met.

c. A PWS on monthly monitoring for reasons other than those identified in § 1.17.1(A)(6)(a) of this Part is not considered to be on increased monitoring for the purposes of § 1.17.1(A)(7) of this Part.

7. Return to Reduced Monitoring After Being Triggered to Increased Monitoring for Non-Community PWS.

a. A groundwater non-community PWS serving 1,000 or fewer people must meet the following criteria in order to return to quarterly monitoring after being triggered to increased monitoring:

(1) The PWS must have completed a sanitary survey or site visit equivalent to a Level 2 Assessment by the Director or voluntary Level 2 assessment by a party approved by the Director within the last rolling 12-month period.

(2) The PWS must have a protected water source.

(3) The source must meet approved construction standards.

(4) The PWS must have a clean compliance history for a minimum of a rolling 12-month period.

(5) The PWS must be free of sanitary defects

1.17.2Inorganic Chemicals

A. Non-transient non-community PWS shall be required to comply with the requirements of §§ 1.7 and 1.16.1 of this Part, with the following exceptions:

1. Monitoring and compliance with the requirements for sodium shall not be required.

B. Nitrate and Nitrite. The maximum contaminant levels for nitrate, nitrite and combined nitrate and nitrite are as follows:

Contaminant	MCL (mg/L)
Nitrate	10 (as Nitrogen)
Nitrite	1 (as Nitrogen)
Total Nitrate and Nitrite	10 (as Nitrogen)

1. When the nitrate or nitrite sampling results indicate an excess of the maximum contaminant level, a second analysis shall be initiated within twenty-four (24) hours, and if the mean of the two (2) analyses exceeds the maximum contaminant level the supplier shall notify the Director and initiate public notification. PWSs unable to comply with the twenty-four (24) hour sampling requirement must immediately notify the consumers served by the area served by the PWS in accordance with § 1.17.6 of this Part. PWSs exercising this option must take and analyze a confirmation sample within two (2) weeks of notification of the analytical results of the first sample.

C. Monitoring Frequency. The nitrate and nitrite concentration of each active drinking water source maintained by a water purveyor shall be determined as required by §§ 1.16.1(D) and (E) of this Part.

D. Analytical Techniques. Nitrate analyses shall be made in accordance with the methods specified in § 1.21 of this Part.

1.17.3Organic Chemicals

A. Non-transient, non-community PWS shall be required to comply with the requirements of § 1.16.2 of this Part, with the following exceptions. Non-transient, non-community § 1.6 PWS serving at least 10,000 should currently be meeting the monitoring and compliance requirements for total trihalomethanes.

B. The Director may require transient non-community water systems to sample for the contaminants listed in § 1.16.2(E) of this Part if there is knowledge of previous use (including transport, storage, or disposal) of the contaminant or contamination within the watershed or wellhead protection area of the water system. The Director may require corrective action in the event of any exceedance of any MCLs.

1.17.4Turbidity

A. Non-community PWS shall comply with the requirements of § 1.16.3 of this Part.

1.17.5Unregulated Contaminants and Special Monitoring

A. Non-transient, non-community PWS that serve more than 10,000 persons shall be required to monitor for unregulated contaminants in conformance with 40 C.F.R. § 141.40.

1.17.6Public Notification

A. Non-community PWS shall comply with the requirements of § 1.16.6 of this Part.

1.17.7Records

A. Records of analyses performed by the water purveyor shall be maintained by the water purveyor. The records shall contain the following information:

1. The time, date and place of sampling and the name of the sample collector;

2. The sampling point and the reason for collection;

3. Date analysis started and completion date if more than one (1) day is needed;

4. Name of laboratory and person responsible for performing the analysis;

5. The analytical technique or method used; and

6. The results of the analysis.

B. Records of microbiological examinations shall be readily available for at least five (5) years and records of nitrate analyses and turbidity determinations shall be readily available for ten (10) years. Any written document relating to a sanitary survey of a PWS shall be kept for at least ten (10) years.

C. Records of action taken to correct a violation of this Part shall be kept for at least three (3) years after the last action taken with respect to the particular violation involved.

D. Records concerning a variance or exemption granted to a PWS shall be kept for at least five (5) years following the expiration date of such variance or grant.

E. Copies of monitoring plans developed pursuant to this Part shall be kept for the same period of time as the records of analyses taken under the plan are required to be kept under § 1.17.7(A) of this Part, except as specified elsewhere in this Part.

216 R.I. Code R. 216-RICR-50-05-1.17

Amended effective 9/18/2024