Virginia Law

A. A groundwater source utilized by a waterworks, including wells, springs, and infiltration galleries, shall be evaluated by the department and a determination of surface water influence shall be made by the department. The owner shall provide to the department all necessary information to make this determination in accordance with the three-step procedure described in subsection B of this section.

B. The groundwater source shall be evaluated and subjected to the criteria in a stepwise fashion. Once the department has made a determination with regard to surface water influence, it is not necessary to continue to the next step:

1. Step 1. Evaluation of source history, construction, and location.

a. The source is under the direct influence of surface water if it has been directly associated with a biological waterborne disease outbreak.

b. The source is under the direct influence of surface water if there are any demonstrated or known direct connections between the source to surface water via surface water bodies, sinkholes, troughs, drainage ways, or other geologic features.

c. The source is under the direct influence of surface water if a sanitary survey reveals, or there is other evidence to indicate, that surface water is directly entering the source.

d. If the department has not determined that the source is influenced by surface water based upon the criteria in subdivisions B 1 a, B 1 b, and B 1 c of this section, then the source evaluation proceeds to Step 2.

2. Step 2. Microbiological water quality.

a. The owner shall collect a series of bacteriological samples directly from the source before any treatment. The specific number of samples to be collected, the sampling frequency, and the duration of sampling shall be determined by the department.

(1) At a minimum, a series of 20 samples collected on a weekly frequency is required. Sample collection may be adjusted within the week to collect samples immediately following rainfall events, whenever possible.

(2) All bacteriological analyses shall be performed by laboratories that have received certification by EPA or DCLS as specified in 12VAC5-590-440 for drinking water samples and by a test method that will yield both total coliform concentration and E. coli concentration.

(3) The department may utilize bacteriological results from source water samples collected in accordance with 12VAC5-590-379 C if the sample results cover at least a 20-week period that includes multiple significant rainfall events for this Step 2 evaluation.

b. The total coliform concentration sample results shall be evaluated as follows:

(1) If the results of the total coliform concentration samples indicate three or more samples with total coliform greater than 100 colonies/100 ml, then the source evaluation proceeds to Step 3.

(2) If the results of the total coliform concentration samples indicate a geometric mean equal to or greater than 100 colonies/100 ml, then the requirements of 12VAC5-590-380 G 2 will apply.

c. The E. coli concentration samples shall be evaluated as follows:

(1) If the results of the E. coli concentration samples indicate greater than or equal to five E. coli per 100 ml in three or more samples, then the source evaluation proceeds to Step 3.

(2) If the results of the E. coli concentration samples indicate the presence of E. coli in five or more samples, then the source evaluation proceeds to Step 3.

3. Step 3. Additional water quality monitoring.

a. The owner shall prepare and submit a written source water monitoring plan to the department for approval detailing additional water quality samples to be collected directly from the source before any treatment and if applicable from a nearby surface water source. The monitoring plan shall include the following:

(1) The specific parameters to be monitored.

(2) The monitoring frequency for each parameter.

(3) The duration of monitoring.

b. The source water monitoring plan shall include microscopic particulate analysis (MPA).

(1) A minimum of four source water MPA tests is required, two to be conducted during a wet period and two to be conducted during a dry period. All MPA tests shall be collected at least 60 days apart.

(2) All MPA tests shall be performed by a laboratory approved by the department and shall include both Giardia lamblia and Cryptosporidium.

(3) All MPA testing and reporting of results shall be in accordance with EPA "Consensus Method for Determining Groundwaters Under the Direct Influence of Surface Water Using Microscopic Particulate Analysis (MPA)," dated October 1992, Environmental Services Division.

c. The source water monitoring plan shall include monitoring of the physical parameters such as temperature, pH, turbidity, conductivity, and other parameters.

(1) If a surface water source is located near the groundwater source being evaluated, then monitoring of the nearby surface water source is required using the same physical parameters and frequency as the groundwater source.

(2) Records of rainfall and other climatological events shall be maintained and reported with the physical parameter results.

d. The owner shall provide the department with all of the monitoring results required in the approved monitoring plan. Results of all MPA tests shall be reported within 10 days of receipt by the owner. If any MPA result indicates the presence of Giardia lamblia or Cryptosporidium, then the owner shall notify the department within 24 hours of receipt. The results of the physical parameter monitoring shall be provided along with applicable rainfall or climatological data to the department in a summary report.

e. The additional water quality monitoring results shall be evaluated as follows:

(1) The source is under the direct influence of surface water if any single MPA test result indicates a score of equal to or greater than 20.

(2) The source is under the direct influence of surface water if any two MPA test results indicate a score of equal to or greater than 15.

(3) The source is under the direct influence of surface water if the results of physical parameter monitoring indicate a correlation between fluctuations in the groundwater source in direct response to a rainfall or other climatological event.

(4) The source is under the direct influence of surface water if the results of physical parameter monitoring indicate a direct correlation between the groundwater source being evaluated and the physical parameters of a nearby surface water source.

(5) The source is a groundwater source and is not under the direct influence of surface water if (i) all MPA test results indicate a score of equal to or less than 9, (ii) there are no fluctuations in source water monitored physical parameters in direct response to a rainfall or other climatological event, and (iii) there is no direct correlation in the monitored physical parameters between the groundwater source being evaluated and a nearby surface water source.

f. If the department has not determined that the source is under the direct influence of surface water based upon the criteria in subdivisions B 3 e (1) through B 3 e (4) of this section, and if at least one of the MPA test results indicate a score of greater than 9 but less than 15, then the department shall evaluate all available water quality monitoring data, source construction, location, geology, and any other relevant factors, and to determine that either:

(1) The source is a groundwater source and is not under the direct influence of surface water; or

(2) The source is at risk and requires continued source water monitoring as prescribed by the department.

C. If the source is subject to the requirements of subdivision B 3 of this section, then the owner shall perform the following interim measures until the department has made a final GUDI determination:

1. Provide disinfection treatment to achieve a 4-log inactivation of virus in accordance with 12VAC5-590-421 A 1 d;

2. Conduct compliance monitoring in accordance with 12VAC5-590-421 C 1;

3. If the disinfection treatment required in subdivision C 1 of this section has to be installed, then the owner shall issue a public notice in accordance with 12VAC5-590-540 A 1 advising consumers to boil the water before using it for human consumption. The boil water notice shall remain in effect until the disinfection treatment is installed and in operation; and

4. The department may require that the owner perform additional interim measures if deemed necessary to protect public health.

D. If the total coliform concentration criteria in subdivision B 2 b of this section or the E. coli concentration criteria in subdivision B 2 c of this section are exceeded or if the department has declared the source to be GUDI, then the owner may propose mitigation measures, a plan to correct deficiencies, or both.

1. Any proposed mitigation measures or corrective actions must be detailed in a report submitted to the department for approval. The report shall be prepared by a professional engineer licensed in Virginia, a professional geologist licensed in Virginia, or other licensed professional approved by the department. The report shall include:

a. A description of the proposed mitigation or corrective action activities such as the repair of structural defects, elimination of sources of contamination in proximity to the source, implementation of source water protection measures, or other mitigation or corrective action activities.

b. Specific milestones and milestone completion dates.

c. A follow-up source water monitoring plan to be implemented upon completion of the mitigation measures or of the corrective actions.

2. If the source must remain in operation during the period of time that the mitigation or corrective action activities are implemented and evaluated, then the department may require that the owner implement the interim measures described in 12VAC5-590-395 A 3 or subdivisions C 1 through C 4 of this section.

3. A final summary report detailing the mitigation measures, the corrective actions, or both that are completed; the results of the follow-up monitoring; conclusions; recommendations; and all other supporting data shall be submitted to the department for approval.

a. The final summary report shall be prepared by a professional engineer licensed in Virginia, a professional geologist licensed in Virginia, or other licensed professional approved by the department.

b. Upon evaluation of the final report and supporting data, the department will make a GUDI determination.

E. For any source previously determined to be a groundwater source and not under the direct influence of surface water, the department may:

1. Require that the source be reevaluated in accordance with procedures contained in this section; or

2. Waive any additional reevaluation under this section.