reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 106 - FLOODPLAIN MANAGEMENT › DESIGN CRITERIA FOR CONSTRUCTION OR MODIFICATION OF HIGHWAYS OR OBSTRUCTIONS › Section 106.31 - Hydraulic capacity

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Highway obstructions or obstructions shall be designed and constructed in
						accordance with the following criteria:
(1)
						The highway obstruction or obstruction shall not significantly increase the
						100-year flood height or stream velocity.
(2) The highway obstruction or obstruction
						shall pass flood flows without loss of structural stability, flotation, lateral
						movement, collapse or damage to the structure itself or to its mechanical
						equipment or contents below the 100-year flood elevation.
(3) The highway obstruction or obstruction
						shall not create or constitute a flood hazard to life or property.
(4) The highway obstruction or obstruction
						shall not significantly alter the floodplain.
(5) The highway obstruction or obstruction
						shall not increase velocity or direct flow so as to result in erosion of the
						floodplain.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 106 - FLOODPLAIN MANAGEMENT › DESIGN CRITERIA FOR CONSTRUCTION OR MODIFICATION OF HIGHWAYS OR OBSTRUCTIONS › Section 106.32 - Placement of drainage structures

Current through Register Vol. 54, No. 28, July 13, 2024
All drainage structures shall be aligned with the
						  existing flow patterns of the floodplain where possible to minimize
						  ponding.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 106 - FLOODPLAIN MANAGEMENT › DESIGN CRITERIA FOR CONSTRUCTION OR MODIFICATION OF HIGHWAYS OR OBSTRUCTIONS › Section 106.33 - Appurtenant structures

Current through Register Vol. 54, No. 28, July 13, 2024
Appurtenant structures, such as highway signs, control
						  light supports and similar structures, shall be kept to a minimum in number and
						  cross-sectional area and shall be designed to offer the least obstruction to
						  the passage of water and ice, consistent with public safety.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 106 - FLOODPLAIN MANAGEMENT › CONSTRUCTION REQUIREMENTS AND PROCEDURES › Section 106.41 - Notices and reports

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						permittee shall notify the Department, in writing, of the proposed time for
						commencement of major above ground work at least 5 days prior to the
						commencement of work.
(b) The
						Department may require submission of such reports as it deems necessary on the
						status of work.
(c) The requirement
						to provide notice of commencement of work and status reports shall be
						identified in conditions of the permit or by order of the Department.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 106 - FLOODPLAIN MANAGEMENT › CONSTRUCTION REQUIREMENTS AND PROCEDURES › Section 106.42 - Acknowledgement of conditions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						The permittee shall fully inform any engineer or contractor responsible for the
						supervision and conduct of work covered by any permit issued under this chapter
						of all terms, conditions, restrictions and covenants of the permit.
(b) Prior to the commencement of any work,
						the permittee shall file with the Department a copy of the permit provided by
						the Department, and signed by the permittee acknowledging and accepting the
						general and special conditions contained in the permit. Unless such
						acknowledgement and acceptance have been filed, the permit shall be null and
						void.
(c) A copy of the permit and
						the acknowledgement, or a certified notice of the location of the permit and
						acknowledgement, shall be available at the work site for inspection upon
						request by any officer or agent of the Department or any other Federal, State,
						county or municipal agency.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 106 - FLOODPLAIN MANAGEMENT › CONSTRUCTION REQUIREMENTS AND PROCEDURES › Section 106.43 - Time limits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						Department will set such time limits for the commencement and completion of
						work under any permit issued under this chapter as it deems reasonable and
						appropriate to carry out the purposes of this chapter.
(b) If such work is not completed on or
						before the dates set by the Department, unless extended by the Department in
						writing, the permit shall become null and void without further notification
						being required.
(c) It shall be the
						responsibility of the permittee to request an extension of time
						limits.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 106 - FLOODPLAIN MANAGEMENT › CONSTRUCTION REQUIREMENTS AND PROCEDURES › Section 106.44 - Implementation of work according to specifications

Current through Register Vol. 54, No. 28, July 13, 2024
(a) All work undertaken under a permit issued
						under this chapter shall be conducted in accordance with the maps, plans,
						profiles, and specifications as approved by the Department.
(b) No changes in the maps, plans, profiles
						and specifications for work covered by a permit which would affect flood flows
						or structural stability of the project during flooding events shall be made
						except with the written approval of the Department. Upon written approval by
						the Department, such changes shall become part of the permit.
(c) The Department may, during the progress
						of work, require such changes or modifications in the maps, plans, profiles and
						specifications for work covered under any permit as its may determine are
						necessary.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 106 - FLOODPLAIN MANAGEMENT › CONSTRUCTION REQUIREMENTS AND PROCEDURES › Section 106.45 - Inspections

Current through Register Vol. 54, No. 28, July 13, 2024
All work, structures and land covered under a permit
						  issued under this chapter shall at all times be subject to inspection by
						  representatives of the Department, and the permittee shall allow any
						  representative of the Department to enter any property, premises or place
						  associated with such permit for the purposes of such
						  inspection.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 106 - FLOODPLAIN MANAGEMENT › CONSTRUCTION REQUIREMENTS AND PROCEDURES › Section 106.46 - Implementation of erosion and sedimentation control plans

Current through Register Vol. 54, No. 28, July 13, 2024
At all times during the construction of any highway
						  obstruction or obstruction the permittee shall follow the erosion and
						  sedimentation control plan prepared in accordance with Chapter 102 (relating to
						  erosion control) and submitted as part of his application.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 106 - FLOODPLAIN MANAGEMENT › CONSTRUCTION REQUIREMENTS AND PROCEDURES › Section 106.47 - Removal of highway obstructions or obstructions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If all construction work has not been
						completed within the time specified in the permit and the time limit specified
						in the permit has not been extended in writing by the Department or if a permit
						has been revoked for any reason, the permittee shall, at his own expense and in
						such manner as the Department may prescribe, remove all or any portion of the
						work as the Department requires and restore the floodplain to its former
						condition.
(b) Prior to
						abandonment, the owner of any highway or obstruction covered by this chapter,
						regardless of whether or not it was constructed under a permit from this
						Department or its predecessors, shall remove all or part of the facility and
						take other actions as are necessary to protect safety and the public natural
						resources in accordance with a permit issued by the Department.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 106 - FLOODPLAIN MANAGEMENT › OPERATION, MAINTENANCE AND INSPECTION › Section 106.51 - Operation and maintenance

Current through Register Vol. 54, No. 28, July 13, 2024
The permittee or owner of a highway obstruction or
						  obstruction shall operate and maintain the highway obstruction or obstruction
						  and appurtenant structures in a safe condition under this chapter and
						  applicable permit terms and conditions.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 106 - FLOODPLAIN MANAGEMENT › OPERATION, MAINTENANCE AND INSPECTION › Section 106.52 - Inspections by owners

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The owner
						of any highway obstruction or obstruction shall conduct inspections to ensure
						the safe operation and maintenance of the facility in accordance with the
						provisions of this chapter.
(b) The
						owner shall retain records of such inspections, including records of actions
						taken to correct conditions found in such inspections. Copies of such records
						shall be provided to the Department on request.
(c) The Department may, through terms and
						conditions of the permit or by request at any time, require the owner to submit
						certified reports regarding the condition of the facility to the Department. In
						lieu of inspections conducted by the owner and certified reports submitted by
						the owner, the Department may accept reports of equivalent inspections
						conducted and prepared by other governmental agencies. In addition, the
						Department may accept equivalent inspection reports certified by the owner and
						submitted to other governmental agencies.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 106 - FLOODPLAIN MANAGEMENT › OPERATION, MAINTENANCE AND INSPECTION › Section 106.53 - Inadequate or collapsed structures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The owner or permittee of any highway
						obstruction or obstruction shall immediately inform the Department of the
						collapse of the highway obstruction or obstruction or any portion thereof or of
						the existence of any unusual conditions threatening the structural integrity of
						the highway obstruction or obstruction, where the collapse of the highway or
						structure would adversely affect the passage of floodwaters.
(b) Whenever a highway obstruction or
						obstruction, or any portion thereof has collapsed or is in imminent danger of
						collapse, and the collapsed portions may adversely affect passage of
						floodwaters or endanger health and safety, the owner or permittee shall
						immediately remove any and all collapsed portions to an area outside the
						floodplain of the stream and either:
(1)
						Completely remove the highway obstruction or obstruction.
(2) Repair the highway obstruction or
						obstruction under plans submitted to and approved by the Department.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 106 - FLOODPLAIN MANAGEMENT › INVESTIGATION AND CORRECTION OF UNSAFE CONDITIONS-EMERGENCY PROCEDURES › Section 106.61 - Procedures for investigations

Current through Register Vol. 54, No. 28, July 13, 2024
The Department may, if it finds there is reasonable
						  cause to suspect the existence of conditions which could cause floodwaters or
						  materials carried by floodwaters to endanger or cause damages to people or
						  property, order the owner to conduct such investigations, studies, tests and
						  analyses as may be required to properly evaluate the safety of the structure.
						  Such investigations, studies, tests and analyses shall be accomplished under
						  the supervision of a registered professional engineer or other licensed
						  professional as may be appropriate, experienced in the design, construction,
						  operation and maintenance of such facilities and approved by the Department,
						  and shall be accomplished in accordance with such methods and within the time
						  limits as the Department may prescribe. Failure to provide such investigative
						  results to the Department on request will constitute adequate grounds for
						  revocation or suspension of a permit.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 106 - FLOODPLAIN MANAGEMENT › INVESTIGATION AND CORRECTION OF UNSAFE CONDITIONS-EMERGENCY PROCEDURES › Section 106.62 - Correction of unsafe conditions

Current through Register Vol. 54, No. 28, July 13, 2024
If the Department determines that any highway or
						  obstruction could cause floodwaters or material carried by floodwaters to
						  endanger or cause damage to people or property, it may require the owner of the
						  facility to repair, alter, maintain or remove the facility or take such other
						  action as necessary to carry out the purposes of this chapter within such time
						  as prescribed by the Department.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 106 - FLOODPLAIN MANAGEMENT › INVESTIGATION AND CORRECTION OF UNSAFE CONDITIONS-EMERGENCY PROCEDURES › Section 106.63 - Emergency procedures

Current through Register Vol. 54, No. 28, July 13, 2024
The following procedures apply to emergency conditions
						  as they relate to flood damage potential or water pollution:
(1) The permittee or owner of a highway
						obstruction or obstruction shall immediately notify the Department and
						responsible authorities in adjacent and downstream communities, including
						emergency management authorities, of a condition of the facility which may
						threaten public health and safety and shall take necessary actions to protect
						life and property, including action required by order issued by the Department
						under the act.
(2) The permittee or
						owner of a highway obstruction or obstruction shall immediately notify the
						Department of new or temporary construction, modification, removal, or
						destruction of a highway obstruction or obstruction necessitated by an
						emergency condition. In addition, within 30 days after notification, the
						permittee or owner shall file with the Department a written report describing
						the emergency condition and the necessary remedial action.
(3) Calls should be directed to the
						Department's Harrisburg Central Office at (717) 787-6826 or (717) 783-1384,
						(717) 787-4343 (Department's 24-hour emergency number), or to the Pennsylvania
						Emergency Management Agency at (717) 783-8150.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 109 - SAFE DRINKING WATER › Subchapter A - GENERAL PROVISIONS › Section 109.2 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The purpose of this chapter is to protect the public
						  health and safety by assuring that public water systems provide a safe and
						  adequate supply of water for human consumption by establishing drinking water
						  quality standards, permit requirements, design and construction standards,
						  system management responsibilities and requirements for public notification.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 109 - SAFE DRINKING WATER › Subchapter A - GENERAL PROVISIONS › Section 109.3 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter applies to each public water system,
						  unless the public water system meets all of the following conditions:
(1) Consists only of distribution and storage
						facilities, and does not have collection and treatment facilities.
(2) Obtains all of its water from, but is not
						owned or operated by, a public water system to which this chapter
						applies.
(3) Does not sell water to
						any person.
(4) Does not provide
						water for potable purposes to carriers which convey passengers in interstate
						commerce.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 109 - SAFE DRINKING WATER › Subchapter A - GENERAL PROVISIONS › Section 109.4 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
Public water suppliers shall:
(1) Protect the water sources under the
						supplier's control.
(2) Provide
						treatment adequate to assure that the public health is protected.
(3) Provide and effectively operate and
						maintain public water system facilities.
(4) Take whatever investigative or corrective
						action is necessary to assure that safe and potable water is continuously
						supplied to the users.
This section cited in 25 Pa. Code §
														109.705 (relating to system
							 evaluations and assessments).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 109 - SAFE DRINKING WATER › Subchapter A - GENERAL PROVISIONS › Section 109.5 - Organization of chapter

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This
						subchapter and Subchapters H and N (relating to laboratory certification; and
						drinking water fees) apply to all public water systems.
(b) Subchapters B-G and I apply to public
						water systems, except bottled water and vended water systems, retail water
						facilities and bulk water hauling systems, unless provisions in those
						Subchapters are specifically referenced in Subchapter J (relating to bottled
						water and vended water systems, retail water facilities and bulk water hauling
						systems).
(c) Subchapter J applies
						exclusively to bottled water and vended water systems, retail water facilities
						and bulk water hauling systems.
(d)
						Subchapter K (relating to lead and copper) applies to community and
						nontransient noncommunity water systems.
(e) Subchapter L (relating to the long-term 2
						enhanced surface water treatment rule) applies to all public water systems
						using surface water or GUDI sources.
(f) Subchapter M (relating to additional
						requirements for groundwater sources) applies to all public water systems that
						use groundwater, excluding those systems that combine all of their groundwater
						with surface water or with groundwater under the direct influence of surface
						water prior to treatment under §
												109.202(c)(1)
						(relating to State MCLs, MRDLs and treatment technique requirements).
The provisions of this §
														109.5 amended under section 4(a)
							 of the Pennsylvania Safe Drinking Water Act (35 P.S. §
															721.4(a)); and section
							 1920-A(b) of The Administrative Code of 1929 (71 P.S. §
															510-20(b)).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 109 - SAFE DRINKING WATER › Subchapter A - GENERAL PROVISIONS › Section 109.6 - Inspection authorization

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At
						any reasonable time, the Department and its agents and employes will:
(1) Have access to and require the production
						of any feature of a public water system, monitoring system and books, papers,
						records and data pertinent to any matter under investigation or required to be
						kept under the act or this chapter.
(2) Enter and examine a property, facility,
						operation or activity under the control of a public water system and conduct
						tests and sampling, including the examination and copying of books, papers,
						records and data, for the purpose of making an investigation or inspection as
						may be necessary to ascertain the compliance or noncompliance by a person with
						the environmental acts, the act or this chapter.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 109 - SAFE DRINKING WATER › Subchapter B - MCLs, MRDLs OR TREATMENT TECHNIQUE REQUIREMENTS › Section 109.201 - Authority

Current through Register Vol. 54, No. 28, July 13, 2024
Under the act, the EQB will adopt MCLs and treatment
						  technique requirements no less stringent than those promulgated under the
						  Federal act for contaminants regulated under the Federal regulations. The Board
						  may adopt MCLs and treatment technique requirements more stringent than those
						  promulgated under the Federal act, and may adopt MCLs or treatment technique
						  requirements for contaminants for which no MCL or treatment technique
						  requirement has been promulgated under the Federal act.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 109 - SAFE DRINKING WATER › Subchapter B - MCLs, MRDLs OR TREATMENT TECHNIQUE REQUIREMENTS › Section 109.202 - State MCLs, MRDLs and treatment technique requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Primary MCLs, MRDLs and treatment
						technique requirements.
(1) A public
						water system shall supply drinking water that complies with the primary MCLs,
						MRDLs and treatment technique requirements adopted by the EQB under the
						act.
(2) This subchapter
						incorporates by reference the primary MCLs, MRDLs and treatment technique
						requirements in the National Primary Drinking Water Regulations in 40 CFR Part
						141 (relating to National Primary Drinking Water Regulations) as State MCLs,
						MRDLs and treatment technique requirements under authority of section 4 of the
						act (35 P.S. §
														721.4), unless other MCLs, MRDLs and
						treatment technique requirements are established by regulations of the
						Department. The primary MCLs, MRDLs and treatment technique requirements which
						are incorporated by reference are effective on the date established by the
						Federal regulations.
(3) A public
						water system that is installing granular activated carbon or membrane
						technology to comply with the MCL for TTHMs, HAA5, chlorite (where applicable)
						or bromate (where applicable) may apply to the Department for an extension of
						up to 24 months past the applicable compliance date specified in the Federal
						regulations, but not beyond December 31, 2003. In granting the extension, the
						Department will set a schedule for compliance and may specify any interim
						measures that the Department deems necessary. Failure to meet the schedule or
						interim treatment requirements constitutes a violation of National Primary
						Drinking Water Regulations.
(4)
						Other MCLs.
(i)
Effective
						dates.
The MCLGs and MCLs in subparagraph (ii)(A)-(B) are effective on
						January 14, 2023.
(ii) The MCLGs
						and MCLs for PFAS are:
CASRN
Contaminant
MCLG (mg/L)
MCL (mg/L)
MCLG (ng/L)
MCL (ng/L)
(A) 335-67-1
PFOA
0.000008
0.000014
8
14
(B) 1763-23-1
PFOS
0.000014
0.000018
14
18
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 109 - SAFE DRINKING WATER › Subchapter B - MCLs, MRDLs OR TREATMENT TECHNIQUE REQUIREMENTS › Section 109.203 - Unregulated contaminants

Current through Register Vol. 54, No. 28, July 13, 2024
The Department may by order establish an MCL or
						  treatment technique requirement on a case-by-case basis for a public water
						  system in which an unregulated contaminant creates a health risk to the users
						  of the public water system. An unregulated contaminant is one for which no MCL
						  or treatment technique requirement has been established under §
												109.202 (relating to State MCLs,
						  MRDLs and treatment technique requirements).
This section cited in 25 Pa. Code §
														109.1002 (relating to MCLs, MRDLs
							 or treatment techniques).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 109 - SAFE DRINKING WATER › Subchapter C - MONITORING REQUIREMENTS › Section 109.301 - General monitoring requirements

Current through Register Vol. 54, No. 28, July 13, 2024
Public water suppliers shall monitor for compliance
						  with MCLs, MRDLs and treatment technique requirements in accordance with the
						  requirements established by the EPA under the National Primary Drinking Water
						  Regulations, 40 CFR Part 141 (relating to National Primary Drinking Water
						  Regulations), except as otherwise established by this chapter unless increased
						  monitoring is required by the Department under §
												109.302 (relating to special
						  monitoring requirements). Alternative monitoring requirements may be
						  established by the Department and may be implemented in lieu of monitoring
						  requirements for a particular National Primary Drinking Water Regulation if the
						  alternative monitoring requirements are in conformance with the Federal act and
						  regulations. The monitoring requirements shall be applied as follows:
(1)
Performance monitoring for
						filtration and disinfection.
A public water supplier providing
						filtration and disinfection of surface water or GUDI sources shall conduct the
						following performance monitoring requirements, unless increased monitoring is
						required by the Department under § 109.302.
(i) Except as provided under subparagraph
						(ii), a public water supplier:
(A) Shall
						determine and record the turbidity level of representative samples of the
						system's filtered water as follows until August 19, 2019:
(I) For systems that operate continuously, at
						least once every 4 hours that the system is in operation, except as provided in
						clause (B).
(II) For systems that
						do not operate continuously, at start-up, at least once every 4 hours that the
						system is in operation, and also prior to shutting down the plant, except as
						provided in clause (B).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 109 - SAFE DRINKING WATER › Subchapter C - MONITORING REQUIREMENTS › Section 109.302 - Special monitoring requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department may require a public water
						supplier to conduct monitoring in addition to that required under §
												109.301 (relating to general
						monitoring requirements) if the Department has reason to believe the public
						water system is not in compliance with the action level, MCL, MRDL or treatment
						technique requirement for the contaminant.
(b) The Department may require a public water
						supplier to conduct additional monitoring to provide information on
						contamination of the water supply where a potential health hazard may exist in
						the water supply and monitoring required under §
												109.301 may not be adequate to
						protect the public health.
(c) The
						Department may require a public water supplier to conduct special monitoring
						for an unregulated contaminant if the Department has reason to believe the
						contaminant is present in the public water system and creates a health risk to
						the users of the public water system.
(d) The Department will provide a schedule
						for sampling, instructions for sampling methods and handling samples, and
						analytical procedures to be followed by public water systems required to
						perform special monitoring.
(e) The
						Department may designate special monitoring requirements on a case-by-case
						basis for experimental facilities.
(f) To enable the Department to determine if
						a public water supplier is using a source directly influenced by surface water,
						the Department may require a public water supplier to conduct monitoring to
						evaluate the direct influence of surface water upon the source of supply.
						Monitoring shall be conducted for at least 6 months to include both the wet and
						dry periods of the year. Samples shall be taken from the collection facilities
						and measurements shall include the following:
(1) Daily field measurement of temperature,
						pH, specific conductance and turbidity.
(2) Daily measurement of water level, or
						flow, and precipitation necessary to establish climatic conditions.
(3) Weekly measurements for total
						coliform.
(4) Other measurements as
						required by the Department to evaluate the direct influence of surface water
						upon the source of supply.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 109 - SAFE DRINKING WATER › Subchapter C - MONITORING REQUIREMENTS › Section 109.304 - Analytical requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						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.
(b) An alternate
						analytical technique may be employed with the written approval of the
						Department and the concurrence of the Administrator. An alternate technique
						will be accepted only if it is substantially equivalent to the prescribed test
						in both precision and accuracy as it relates to the determination of compliance
						with MCLs or MRDLs or treatment technique requirements. The use of the
						alternate analytical technique may not decrease the frequency of monitoring
						required by this subchapter.
(c)
						For the purpose of determining compliance with the monitoring and analytical
						requirements established under this subchapter and Subchapters K, L and M
						(relating to lead and copper; long-term 2 enhanced surface water treatment
						rule; and additional requirements for ground-water sources), the Department
						will consider only samples analyzed by a laboratory accredited by the
						Department, except that measurements for turbidity, fluoridation operation,
						residual disinfectant concentration, temperature, pH, alkalinity,
						orthophosphates, silica, calcium, conductivity, daily chlorite and magnesium
						hardness may be performed by a person meeting one of the following
						requirements:
(1) A person meeting the
						requirements of
						109.704
						(relating to operator certification).
(2) A person using a standard operating
						procedure as provided under authority of the Water and Wastewater Systems
						Operators' Certification Act (63 P.S. §§
														1001- 1015.1) and the regulations promulgated
						thereunder.
(3) An environmental
						laboratory meeting the requirements of Chapter 252 (relating to environmental
						laboratory accreditation).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 109 - SAFE DRINKING WATER › Subchapter C - MONITORING REQUIREMENTS › Section 109.305 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
														109.305 reserved under section
							 4(a) of the Pennsylvania Safe Drinking Water Act (35 P.S. §
															721.4(a)); and section
							 1920-A(b) of The Administrative Code of 1929 (71 P.S. §
															510-20(b)).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 109 - SAFE DRINKING WATER › Subchapter D - PUBLIC NOTIFICATION › Section 109.407 - General public notification requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Violation categories and other
						situations requiring a public notice.
A public water supplier shall
						give public notice for the following circumstances:
(1) Failure to comply with an applicable
						State primary MCL or MRDL in Subchapter B (relating to MCLs, MRDLs or treatment
						technique requirements).
(2)
						Failure to comply with a prescribed treatment technique requirement in
						Subchapter B, G, K, L or M.
(3)
						Failure to perform water quality monitoring, as required by Subchapter C
						(relating to monitoring requirements) or Subchapter K.
(4) Operation under a variance or an
						exemption under Subchapter I (relating to variances and exemptions issued by
						the Department).
(5) Failure to
						comply with the requirements of any schedule that has been set under a variance
						or exemption.
(6) Occurrence of a
						waterborne disease outbreak, as defined in §
													109.1 (relating to definitions),
						or other emergency situation as defined in §
													109.701(a)(3)(iii)
						(relating to reporting and recordkeeping) that adversely affects the quality or
						quantity of finished water and has a significant potential to have serious
						adverse effects on human health as a result of short-term exposure.
(7) Availability of unregulated contaminant
						monitoring data.
(8) Exceedance of
						the nitrate MCL by noncommunity water systems, when permitted by the Department
						in writing to exceed the MCL in accordance with
						40 CFR
						141.11(d) (relating to MCLs
						for inorganic contaminants).
(9)
						Other violations or situations determined by the Department to require a public
						notice under this subchapter.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 109 - SAFE DRINKING WATER › Subchapter D - PUBLIC NOTIFICATION › Section 109.409 - Tier 2 public notice-categories, timing and delivery of notice

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
						violation categories and other situations requiring a Tier 2 public
						notice.
A public water supplier shall provide Tier 2 public notice for
						the following circumstances:
(1) All
						violations of the primary MCL, MRDL, treatment technique requirements and
						failure to take corrective action in Subchapters B, C, G, K, L or M, except
						when a Tier 1 notice is required under §
													109.408 (relating to Tier 1 public
						notice-categories, timing and delivery of notice) or when the Department
						determines that a Tier 1 notice is required. The tier assignment for fluoride
						is not incorporated by reference. Under §
													109.202(d)
						(relating to State MCLs, MRDLs and treatment technique requirements), a public
						water system shall comply with the primary MCL for fluoride of 2 mg/L. As such,
						a public water supplier shall provide Tier 2 public notice for violation of the
						primary MCL for fluoride.
(2)
						Violations of the monitoring requirements in Subchapter C, K or M (relating to
						monitoring requirements; lead and copper; and additional requirements for
						groundwater sources), when the Department determines that a Tier 2 rather than
						a Tier 3 public notice is required, taking into account potential health
						impacts and persistence of the violation.
(3) Failure to comply with the terms and
						conditions of any variance or exemption in place under Subchapter I (relating
						to variances and exemptions issued by the Department).
(4) Other violations or situations determined
						by the Department to require a Tier 2 public notice, taking into account
						potential chronic health impacts and persistence of the
						violation.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 109 - SAFE DRINKING WATER › Subchapter D - PUBLIC NOTIFICATION › Section 109.410 - Tier 3 public notice-categories, timing and delivery of notice

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
						violation categories and other situations requiring a Tier 3 public
						notice.
A public water supplier shall provide Tier 3 public notice for
						the following circumstances:
(1) Monitoring
						violations under Subchapter C, K, L or M, except when a Tier 1 notice is
						required under §
													109.408 (relating to Tier 1 public
						notice-categories, timing and delivery of notice) or when the Department
						determines that a Tier 2 notice is required.
(2) Reporting and record maintenance
						violations under §
													109.701(h)
						(relating to reporting and recordkeeping).
(3) Operation under a variance or an
						exemption granted under Subchapter I (relating to variances and exemptions
						issued by the Department).
(4)
						Availability of unregulated contaminant monitoring results, as required under
						40 CFR
						141.40 (relating to monitoring requirements
						for unregulated contaminants).
(5)
						Failure to report an
E. coli
MCL violation or an
E.
						coli
-positive routine or check sample as required under §
						109.701(a)(3)(iv).
(6) Failure to
						submit a completed assessment form in accordance with §
						109.701(a)(9).
(7) Failure to
						submit certification of completion of a Department-approved start-up procedure
						by a seasonal system in accordance with §
													109.715(e)
						(relating to seasonal systems).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 109 - SAFE DRINKING WATER › Subchapter D - PUBLIC NOTIFICATION › Section 109.411 - Content of a public notice

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Elements of a public notice.
When a public water system is
						required to give public notice under this subchapter, each public notice must
						include the following elements:
(1) A
						description of the violation or situation, including the contaminants of
						concern, and (as applicable) the contaminant levels.
(2) When the violation or situation
						occurred.
(3) Any potential adverse
						health effects from the violation or situation, including the standard language
						under subsection (e)(1) or (2), whichever is applicable.
(4) The population at risk, including
						subpopulations particularly vulnerable if exposed to the contaminant in their
						drinking water.
(5) Whether
						alternative water supplies should be used.
(6) What actions consumers should take,
						including when they should seek medical help, if known.
(7) What the system is doing to correct the
						violation or situation.
(8) When
						the water system expects to return to compliance or resolve the
						situation.
(9) The name, business
						address and telephone number of the water system owner, operator or designee of
						the public water system as a source of additional information concerning the
						notice.
(10) A statement to
						encourage the notice recipient to distribute the public notice to other persons
						served, using the standard language under subsection (e)(3), when
						applicable.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 109 - SAFE DRINKING WATER › Subchapter D - PUBLIC NOTIFICATION › Section 109.412 - Special notice of the availability of unregulated contaminant monitoring results

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Timing for a special notice
. A community water system or
						nontransient, noncommunity water system required to monitor for an unregulated
						contaminant under 40 CFR
						141.40 (relating to monitoring requirements
						for unregulated contaminants) shall notify persons served by the system of the
						availability of the results of the sampling no later than 12 months after the
						monitoring results are known.
(b)
Delivery of a special notice
. The delivery of the public
						notice shall follow the requirements for a Tier 3 public notice prescribed in
						§
												109.410 (relating to Tier 3 public
						notice-categories, timing and delivery of notice). A public water system may
						use an annual report or CCR to notify persons served by the system of the
						availability of the results of the sampling as long as the requirements under
						§
												109.410(d) are
						met. The notice must also identify a person and provide the telephone number to
						contact for information on the monitoring results.
The provisions of this §
														109.412 amended under section 4 of
							 the Pennsylvania Safe Drinking Water Act (35 P.S. §
															721.4) and sections 1917-A and 1920-A of The
							 Administrative Code of 1929 (71 P.S. §§
															510-7 and
							 510-20).
This section cited in 52 Pa. Code §
														69.1601 (relating to
							 general).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 109 - SAFE DRINKING WATER › Subchapter D - PUBLIC NOTIFICATION › Section 109.413 - Special notice for nitrate exceedances above MCL by noncommunity water systems, when granted permission by the Department

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Timing for a special
						notice
. A noncommunity water system granted permission by the
						Department in writing in accordance with
						40 CFR
						141.11(d) (relating to
						maximum contaminant levels for inorganic chemicals) to exceed the nitrate MCL
						shall provide notice to persons served according to the requirements for a Tier
						1 notice under §
												109.408(a) and
						(b) (relating to Tier 1 public
						notice-categories, timing and delivery of notice).
(b)
Delivery of a special
						notice
. Noncommunity water systems granted permission by the
						Department in writing to exceed the nitrate MCL in accordance with
						40 CFR
						141.11(d) shall provide
						continuous posting of the fact that nitrate levels exceed 10 mg/L and include
						the potential health effects of exposure, according to the requirements for a
						Tier 1 notice delivery under §
												109.408(c)(2) and
						(d)(3) and the content requirements under
						§
												109.411 (relating to content of a
						public notice).
The provisions of this §
														109.413 amended under section 4 of
							 the Pennsylvania Safe Drinking Water Act (35 P.S. §
															721.4) and sections 1917-A and 1920-A of The
							 Administrative Code of 1929 (71 P.S. §§
															510-7 and
							 510-20).
This section cited in 52 Pa. Code §
														69.1601 (relating to
							 general).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 109 - SAFE DRINKING WATER › Subchapter D - PUBLIC NOTIFICATION › Section 109.414 - Notice to new billing units or new customers

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Requirements for community water
						systems.
Community water systems shall give a copy of the most recent
						public notice for any continuing violation, the existence of a variance or
						exemption, or other ongoing situations requiring a public notice to all new
						billing units or new customers prior to or at the time service
						begins.
(b)
Requirements
						for noncommunity water systems.
Noncommunity water systems shall
						continuously post the public notice in conspicuous locations to inform new
						consumers of any continuing violation, variance or exemption, or other
						situation requiring a public notice for as long as the violation, variance,
						exemption or other situation persists.
This section cited in 52 Pa. Code §
														69.1601 (relating to
							 general).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 109 - SAFE DRINKING WATER › Subchapter D - PUBLIC NOTIFICATION › Section 109.415 - Notice by the Department on behalf of the public water system

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Failure
						to give public notice.
If a public water supplier fails to give notice
						to the public as required by this subchapter, the Department may perform this
						notification on behalf of the supplier of water and may assess costs of
						notification on the responsible water supplier.
(b)
System responsibilities when
						public notice is given by the Department.
If the Department gives
						public notice, the public water supplier remains responsible for ensuring that
						the requirements of this subchapter are met.
The provisions of this §
														109.415 amended under section 4 of
							 the Pennsylvania Safe Drinking Water Act (35 P.S. §
															721.4) and sections 1917-A and 1920-A of The
							 Administrative Code of 1929 (71 P.S. §§
															510-7 and
							 510-20).
This section cited in 52 Pa. Code §
														69.1601 (relating to
							 general).