Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 05 - Water Quality › Part 1 - Public Drinking Water (216-RICR-50-05-1) › Section 216-RICR-50-05-1.17 - Non-Community Water System Requirements

Current through June 14, 2024
1.17.1
Microbiological
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)(4) 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)(6) and 1.17.1(A)(4)(b)
				  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.
4. Year-Round Non-Community PWSs
				  with Some Infrastructure Dewatering
a.
				  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 && 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.
b. Non-Community PWS Requirements Similar to
				  Community PWS Requirements.
(1) The following
				  requirements for PWS found in §1.16.4 of this Part also apply to
				  non-community PWS:
(AA)
															§1.16.4(A) of
				  this Part: RTCR
(BB)
															§1.16.4(A)(4) of this Part: Routine Monitoring.
(CC)
															§1.16.4(A)(5) of this Part:
				  Analytical Methodology.
(DD)
															§1.16.4(A)(6) of this Part: Maximum Contaminant Levels (MCLs) and
				  Treatment Technique (TT) for Microbiological Contaminants.
(EE)
															§1.16.4(A)(7) of this Part:
				  Assessments and Corrective Action.
(FF)
															§1.16.4(A)(8) of this Part: Repeat
				  Monitoring.
(GG)
															§1.16.4(A)(9)
				  of this Part: E. coli Testing.
(HH)
															§1.16.4(A)(10) of this Part: Invalidation of Samples.
(II)
															§1.16.4(A)(14) of this Part:
				  Sanitary Surveys.
(JJ)
															§1.16.4(A)(15) of this Part: Violation Types.
(KK)
															§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)(6)(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)(5)(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)(5)
				  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