Virginia Law

Article 3. Operation of Waterworks [Repealed]

12VAC5-590-450. Facility and personnel management.

Waterworks operation comprises the constant oversight and management of the facilities and personnel. Consideration shall be given to such factors as the competency of personnel; water quality, including drinking water standards; water treatment plant maintenance and cleanliness; analytical laboratory control; and the operation and maintenance of the facilities, including water treatment plant equipment, distribution system equipment, and piping. As the complexity of the waterworks increases, so does the expertise and skill required of the operating staff.

Statutory Authority

§§ 32.1-12 and 32.1-170 of the Code of Virginia.

Historical Notes

Derived from VR355-18-005.01 § 2.12, eff. August 1, 1991; amended, Virginia Register Volume 9, Issue 17, eff. June 23, 1993; Volume 37, Issue 20, eff. June 23, 2021.

12VAC5-590-460. (Repealed.)

Historical Notes

Derived from VR355-18-005.02 § 2.13, eff. August 1, 1991; amended, Virginia Register Volume 9, Issue 17, eff. June 23, 1993; Volume 28, Issue 5, eff. December 7, 2011; repealed, Virginia Register Volume 37, Issue 20, eff. June 23, 2021.

12VAC5-590-461. Classification of waterworks, operator requirements, and operator attendance.

A. Classification of waterworks. All community and NTNC waterworks, including consecutive waterworks, fitting the classification protocol in this subsection shall be designated as classified waterworks. The department retains the discretion to assign the classification of the waterworks or treatment facility either higher or lower. Those community and NTNC waterworks failing to fall within one of the classifications listed in this subsection shall be designated an unclassified waterworks unless specified otherwise by the department. Normally, a TNC waterworks shall not be classified and shall not be required to have an operator unless the department determines that it is necessary to ensure satisfactory operation of the installed treatment. If a waterworks consists of multiple treatment facilities, then these facilities may be individually classified for the purpose of determining the operator requirements.

1. Class 1 means:

a. A waterworks or a water treatment plant serving 50,000 or more persons, or having a water treatment plant capacity of 5.0 MGD or more and employing conventional filtration or chemical coagulation in combination with membrane filtration; or

b. A waterworks designated by the department to be a Class 1 waterworks.

2. Class 2 means:

a. A waterworks or a water treatment plant serving 5,000 or more persons but fewer than 50,000 persons or having a water treatment plant capacity of 0.5 MGD or more but less than 5.0 MGD, whichever range applies, and employing rapid rate conventional filtration (see 12VAC5-590-874) or chemical coagulation in combination with membrane filtration;

b. A waterworks or a water treatment plant serving fewer than 50,000 persons or having a water treatment plant capacity of less than 5.0 MGD and employing high rate conventional filtration (see 12VAC5-590-874); or

c. A waterworks designated by the department to be a Class 2 waterworks.

3. Class 3 means:

a. A waterworks or a water treatment plant serving fewer than 5,000 persons or having a water treatment plant capacity less than 0.5 MGD, whichever is greater, and employing conventional filtration or chemical coagulation in combination with membrane filtration;

b. A waterworks or a water treatment plant serving 5,000 or more persons or having a water treatment plant capacity of 0.5 MGD or more, whichever is greater, and employing one or more of the following: disinfection other than with hypochlorination, caustic soda feed, iron and manganese removal, ion exchange, slow sand filtration, aeration, rechlorination other than with hypochlorination, activated carbon contactors, membrane or other filtration technologies without chemical coagulation, and fluoridation with a saturator or acid feed;

c. A waterworks or a water treatment plant employing fluoridation with other than a saturator not considered a Class 1 or Class 2 waterworks; or

d. A waterworks designated by the department to be a Class 3 waterworks.

4. Class 4 means:

a. A waterworks or a water treatment plant serving fewer than 5,000 persons or having a water treatment plant capacity of less than 0.5 MGD and employing one or more of the following: disinfection other than with hypochlorination, caustic soda feed, iron and manganese removal, ion exchange, slow sand filtration, aeration, rechlorination other than with hypochlorination, activated carbon contactors, membrane or other filtration technologies without chemical coagulation, and fluoridation with a saturator; or

b. A waterworks designated by the department to be a Class 4 waterworks.

5. Class 5 means:

a. A waterworks serving 400 or more persons that:

(1) Provides no treatment; or

(2) Employs one or more of the following treatment processes:

(a) Hypochlorination for disinfection;

(b) Corrosion control with calcite or magnesium oxide contactors or solution feed except with caustic soda; or

(c) Sequestration by solution feed.

b. A waterworks designated by the department to be a Class 5 waterworks.

6. Class 6 means:

a. A waterworks serving fewer than 400 persons that:

(1) Provides no treatment; or

(2) Employs one or more of the following treatment processes:

(a) Hypochlorination for disinfection;

(b) Corrosion control with calcite or magnesium oxide contactors or solution feed except with caustic soda; or

(c) Sequestration by solution feed.

b. A waterworks is designated by the department to be a Class 6 waterworks.

B. Operator requirements. The operation of all waterworks must rest in the hands of qualified staff. The number and qualifications of persons constituting the operating staff at a waterworks depend principally upon the capacity of the waterworks, the number of persons served by the waterworks, and the complexity of the treatment process or processes. If a classified waterworks or water treatment plant is without a required operator, then the owner shall notify the department as soon as practical but no later than 24 hours of such an occurrence.

1. The operator attendance requirements specified in subsection C of this section are a minimum to protect the health of the consumer and safety of the operating staff. The department may increase the required operating attendance when appropriate to protect human health.

2. A classified waterworks shall be operated by an operator having a valid license issued by the Commonwealth of Virginia (18VAC160-30-90) with a classification equal to or higher than the classification of the waterworks or water treatment plant being operated. (See definition of operator in 12VAC5-590-10).

3. Operators are not required at unclassified waterworks.

C. Minimum operator attendance at classified waterworks. For the purpose of this section and 12VAC5-590-570, all classified waterworks or individual water treatment plants shall maintain the minimum operator attendance as follows:

1. Class 1. The waterworks shall have a minimum of two operating staff in attendance whenever the water treatment plant is in operation; at least one of the operating staff must be an operator.

2. Class 2. The waterworks shall have a minimum of one operator in attendance whenever the water treatment plant is in operation.

3. Class 3. The waterworks employing conventional filtration or chemical coagulation in combination with membrane filtration shall have a minimum of one operator in attendance whenever the water treatment plant is in operation. All other treatment facilities may have operator attendance similar to a Class 4 waterworks.

4. Class 4. The waterworks shall be attended by an operator at least three days per week, except that water treatment plants employing membrane filters treating surface water sources or GUDI sources shall be attended by an operator daily. The attendance shall be for sufficient time to perform the necessary operations, monitoring, and maintenance.

5. Class 5 and Class 6.

a. Where no treatment is provided, the waterworks shall be attended by an operator at least twice a month.

b. When treatment is provided, the waterworks shall be attended by an operator at least once per week.

c. The attendance shall be for sufficient time to perform the necessary operations, monitoring, and maintenance.

D. Operator attendance alternatives.

1. Increased staffing attendance may be required by the department on a case-by-case basis to protect public health.

2. Reduced operator attendance for Class 3 through Class 6 waterworks may be considered by the department on a case-by-case basis.

3. When requiring increased operator attendance or considering reduced operator attendance the department will consider the following criteria, including:

a. Operational history;

b. Type of treatment;

c. Facility capacity and hours of operation;

d. Population served;

e. Type and reliability of remote monitoring controls, alarms, and communications;

f. Reliable staff communications; and

g. Emergency response plans and procedures.

Statutory Authority

§§ 32.1-12 and 32.1-170 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 37, Issue 20, eff. June 23, 2021.

12VAC5-590-470. Waterworks condition.

The waterworks shall be maintained in a clean and orderly condition.

Statutory Authority

§§ 32.1-12 and 32.1-170 of the Code of Virginia.

Historical Notes

Derived from VR355-18-005.03 § 2.14, eff. August 1, 1991; amended, Virginia Register Volume 9, Issue 17, eff. June 23, 1993; Volume 37, Issue 20, eff. June 23, 2021.

12VAC5-590-475. Removal of wells from service.

A. Temporary inactivation.

1. A water well temporarily inactivated shall be sealed with a watertight cap or wellhead seal.

2. The well shall be maintained so that it will not be a source or channel for contamination during temporary inactivation.

3. The wellhead shall be visually inspected and observations documented to verify adequate sanitary integrity on a quarterly basis.

4. The well lot shall be maintained.

B. Permanent abandonment.

1. Well abandonment shall be supervised by a certified water well systems provider.

2. All well abandonments shall be documented on a Uniform Water Well Completion Report, Form GW-2, and submitted to the department within 30 days of completing the physical abandonment.

3. Groundwater wells that are abandoned shall be sealed by methods that will restore to the fullest extent possible the controlling geological conditions that existed before the wells were constructed.

4. Casing and screen materials may be salvaged.

5. The well shall be checked from land surface to the entire depth of the well before it is sealed to ascertain freedom from obstructions that may interfere with sealing operations. Effort shall be made to remove or clear any obstacles that may prohibit sealing by grouting the complete well depth.

6. The well shall be thoroughly chlorinated before sealing.

7. Bored wells and uncased wells shall be backfilled with clean fill to the water level. A two-foot-thick bentonite grout plug shall be placed immediately above the water level. Clean fill shall be placed on top of the bentonite grout plug and brought up to at least five feet from the ground surface. The top five feet of the well casing, if present, shall be removed from the bore hole. If an open annular space is present around the well casing, then the annular space shall be filled with bentonite grout to the maximum depth possible, but less than or equal to 20 feet. A one-foot-thick cement or bentonite grout plug that completely fills the bore void space shall be placed a minimum of five feet from the ground surface. As an alternative, bored wells and uncased wells may be completely filled with concrete, sand-cement, bentonite-cement, or neat cement grout to within a minimum of five feet from the ground surface by introduction through a pipe initially extending to the bottom of the well. The pipe shall be raised but remain submerged in grout or concrete as the well is filled. The remaining space shall be filled with clean fill that is mounded a minimum of one foot above the surrounding ground surface.

8. Non-bored wells constructed in unconsolidated formations shall be completely filled with concrete, sand-cement, bentonite-cement, or neat cement grout to within a minimum of five feet from the ground surface by introduction through a pipe initially extending to the bottom of the well. The pipe shall be raised but remain submerged in grout or concrete as the well is filled. The remaining space shall be filled with clean fill that is mounded a minimum of one foot above the surrounding ground surface.

9. Wells constructed in consolidated rock formations or that penetrate zones of consolidated rock may be filled with sand or gravel opposite the zones of consolidated rock. The top of the sand or gravel fill shall be at least five feet below the top of the consolidated rock and at least 20 feet below land surface. The remainder of the well shall be filled with concrete, sand-cement, bentonite-cement, or neat cement grout to within a minimum of five feet from the ground surface by introduction through a pipe initially extending to the bottom of the well. The pipe shall be raised but remain submerged in grout or concrete as the well is filled. The remaining space shall be filled with clean fill that is mounded a minimum of one foot above the surrounding ground surface.

10. The location of the well shall be permanently documented for future reference.

Statutory Authority

§§ 32.1-12 and 32.1-170 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 37, Issue 20, eff. June 23, 2021.

12VAC5-590-476. Reactivation of wells.

A. The owner shall notify the department of the intent to reactivate a well.

B. Before bringing the well into service, the well shall be pumped to waste (purged) for a minimum of five well volumes but for not less than 30 minutes. The purged well water shall be discharged in a manner so that it will not return to the well, directly or indirectly, during the pumping period.

C. After the well is pumped, water quality samples shall be collected. If the well has been inactive for less than one year, then two samples shall be collected at least 30 minutes apart and tested for the presence of E. coli. If the well has been inactive for one or more years, then it shall be tested for total coliform density (MPN), nitrate, and, if determined by the department, inorganics, VOCs, SOCs, and radionuclides. Satisfactory test results shall be obtained before placing the well in service.

D. A well yield and drawdown test may be required by the department before bringing the well into service. The test shall be performed in accordance with 12VAC5-590-840 H, as applicable.

E. A well may be activated for emergency use before receipt of satisfactory monitoring results, even if public health and safety are unknowns and may be at risk, as determined by the department. However, in these circumstances, a special water advisory shall be approved by the department and issued by the waterworks at the same time the well is activated.

Statutory Authority

§§ 32.1-12 and 32.1-170 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 37, Issue 20, eff. June 23, 2021.

12VAC5-590-480. Operational control testing and monitoring.

A. Water analyses and tests performed at waterworks are conducted for four main purposes: (i) to ensure compliance; (ii) to control water treatment plant operation; (iii) to record water treatment plant performance; and (iv) to provide information for improving water treatment plant performance. Tests designed to control operation shall present evidence that:

1. Each key process, such as mixing, coagulation, sedimentation, filtration, softening, iron and manganese removal, disinfection, and taste and odor control, is effective; and

2. The finished product is clean, is free from objectionable taste and odor, is free from undesirable chemical characteristics, and is safe for human consumption.

B. Testing for regulatory compliance purposes shall use an EPA-approved analytical method found in 40 CFR Parts 141 and 143. Instruments used for operational control purposes must be calibrated in accordance with manufacturer instructions. Calibrations shall be documented in a manner acceptable to the department.

C. Ample laboratory space shall be provided for all required laboratory analyses as specified in 12VAC5-590-760.

D. Required waterworks onsite laboratory analyses. The analyses listed in this subsection are the minimum required. Additional testing may be required by the department.

1. The owner of a waterworks employing chemical coagulation or lime softening in combination with any filtration treatment for turbidity removal or TOC reduction shall provide equipment for the analysis of pH, alkalinity, hardness, turbidity, water temperature, and coagulant dosage. A calibrated electric pH meter must be provided; however, a color comparator may be used as a backup unit. Turbidities must be determined by the use of a calibrated turbidimeter.

2. The owner of a waterworks employing membrane filtration without chemical coagulation or lime softening shall provide equipment for the analysis of turbidity and temperature. Turbidities shall be determined by the use of a calibrated turbidimeter.

3. The owner of a waterworks employing softening only and utilizing chemical precipitation shall provide equipment for the analysis of pH utilizing a calibrated electric pH meter, alkalinity, hardness, water temperature, and chemical dosage for precipitation utilizing a multiple jar stirring machine.

4. The owner of a waterworks employing iron and manganese removal by chemical precipitation shall provide equipment for the analysis of pH, alkalinity, iron, manganese, and water temperature.

5. The owner of a waterworks employing fluoridation shall provide equipment for the analysis of the fluoride ion concentration and water temperature.

6. The owner of a waterworks employing chlorination, rechlorination, chloramination, or rechloramination shall provide equipment for the analysis of the appropriate chlorine residual measurement and temperature.

7. The owner of a waterworks employing iron and manganese removal by ion exchange or softening by ion exchange shall provide equipment for the analysis of iron and manganese.

E. Process control instruments, monitors, gauges, and controllers, including reading, recording, and alarm features, required in Part III, Manual of Practice (12VAC5-590-640 et seq.), shall be maintained fully operational and calibrated in accordance with the manufacturer instructions.

1. The owner of a waterworks employing UV for inactivation credit shall perform UV sensor calibration checks. Calibrations and instrument checks shall be documented in a manner acceptable to the department. All UV sensors shall be calibrated with a reference UV sensor at least monthly. It is also recommended that offline and standby sensors be calibrated at the same time. At least one reference sensor for calibration of online sensors shall be provided. The reference UV sensor shall be calibrated at least yearly at a qualified facility, usually the manufacturer. Ultraviolet transmittance (UVT) analyzer calibration is required when used as a control instrument. The UVT analyzer shall be calibrated at least weekly by comparing online measurements to a benchtop spectrophotometer that is calibrated in accordance with manufacturer instructions. Instead of an online UVT analyzer, a benchtop spectrophotometer may be utilized to determine UV transmittance at least every four hours.

2. The owner of a waterworks employing ozone for inactivation credit shall perform calibration checks on continuous, online ozone residual monitors at least weekly. Inactivation credits for a multiple chamber contactor shall be based on only the chambers that have a measured ozone residual greater than 0.02 mg/L or higher, depending on residual analysis instrumentation.

Statutory Authority

§§ 32.1-12 and 32.1-170 of the Code of Virginia.

Historical Notes

Derived from VR355-18-005.04 § 2.15, eff. August 1, 1991; amended, Virginia Register Volume 9, Issue 17, eff. June 23, 1993; Volume 37, Issue 20, eff. June 23, 2021.

12VAC5-590-490. Adequate treatment.

A. Adequate treatment is any one or any combination of the controlled processes of coagulation, sedimentation, absorption, filtration, disinfection, or other processes that produce water consistently meeting the requirements of this chapter. The concept of adequate treatment also includes processes that are appropriate to (i) the source water; (ii) waterworks that are of adequate capacity to meet maximum demands without creating health hazards and that are located, designed, and constructed to eliminate or prevent cross-connections; and (iii) the conscientious operation by well-trained and competent personnel whose qualifications are commensurate with the responsibilities of the position and acceptable to the department.

B. A waterworks shall provide adequate treatment when required and in accordance with 12VAC5-590-680 to ensure the production of potable water.

Statutory Authority

§§ 32.1-12 and 32.1-170 of the Code of Virginia.

Historical Notes

Derived from VR355-18-005.05 § 2.16, eff. August 1, 1991; amended, Virginia Register Volume 9, Issue 17, eff. June 23, 1993; Volume 37, Issue 20, eff. June 23, 2021.

12VAC5-590-500. Disinfection criteria, determination of CT, disinfection profiles, and disinfection benchmarks for Giardia and virus inactivation.

A. A waterworks utilizing surface water sources or GUDI sources, in whole or in part, shall be disinfected in accordance with subsection C of this section and 12VAC5-590-1000.

B. The owner of a groundwater system subject to the requirements of 12VAC5-590-421 A 1 d shall provide primary disinfection treatment by means of one of the following:

1. A residual disinfectant concentration (C) and contact time (T) to achieve a 4-log removal or inactivation of viruses. CT shall be calculated in accordance with subsections C and D of this section, which contain information on calculation methods and contact tank baffling factors.

2. UV treatment to achieve a 4-log removal or inactivation of viruses. Log inactivation shall be determined in accordance with 12VAC5-590-401 E 7 c. A secondary disinfection residual in the distribution system may be required by the department.

C. Disinfection criteria.

1. An owner of a waterworks utilizing surface water sources, in whole or in part, or GUDI sources shall provide a minimum 3-log (99.9%) removal of Giardia cysts and a 4-log (99.99%) removal of viruses, respectively.

2. Additional inactivation levels that must be achieved by disinfection shall be in accordance with Table 500.1 for waterworks employing the filtration processes listed.

D. A disinfection profile shall be developed in accordance with the procedures in subdivisions D 1, D 2, and D 3.

1. The owner shall monitor at least weekly for a period of 12 consecutive months to determine the total log inactivation for Giardia lamblia and viruses. If an owner monitors more frequently, then the monitoring frequency shall be evenly spaced. An owner of a waterworks that operates for fewer than 12 months per year shall monitor weekly during the period of operation.

2. The owner of a waterworks with a single point of disinfectant application before the entrance to the distribution system or with more than one point of disinfectant application shall conduct the monitoring in subdivisions D 2 a through D 2 e of this section.

a. For a waterworks using a disinfectant other than UV, the temperature of the disinfected water shall be measured at each residual disinfectant concentration sampling point during peak hourly flow or at an alternative location approved by the department.

b. For a waterworks using chlorine, the pH of the disinfected water shall be measured at each chlorine residual disinfectant concentration sampling point during peak hourly flow or at an alternative location approved by the department.

c. The residual disinfectant concentration (C) of the water before or at the first customer and before each additional point of disinfectant application shall be measured at peak hourly flow.

d. The disinfectant contact times (T) of the water before or at the first customer and before each additional point of disinfectant application shall be determined during peak hourly flow. The disinfectant contact time to be used for calculating CT is T₁₀, which is the detention time at which 90% of the water passing through a unit is retained within that unit. T₁₀ shall be determined either by calculations that involve the theoretical hydraulic detention time and baffling factors that account for the degree of short-circuiting that might be expected through any given unit or by tracer studies. The baffling factors listed in Table 500.15 shall be used in determining contact time if tracer studies are not performed.

e. Inactivation credits for ozone contactors will be based on only the chambers that have a measured ozone residual. A minimum of two dedicated online monitors per ozone contactor shall be installed at locations suited to the CT calculation method used. Ozone residual levels shall be monitored continuously and recorded. Methods for computing log inactivation of Giardia lamblia and virus shall be approved by the department. Tracer studies shall be required to verify T₁₀ values before receiving inactivation credit.

3. Instead of conducting new monitoring under subdivision D 2 of this section, an owner may elect to meet the requirements of subdivision D 3 a or D 3 b of this section.

a. The owner who has at least one year of existing data that are substantially equivalent to data collected under the provisions of subdivision D 3 of this section shall use these data to develop disinfection profiles if the owner has neither made a significant change to the treatment practice nor changed sources since the data were collected. The owner may develop a disinfection profile using up to three years of existing data.

b. The owner may use a disinfection profile developed previously in accordance with the procedures in subdivisions D 1, D 2, and D 3 of this section, if the owner has neither made a change to the treatment practice nor changed sources since the profile was developed. An owner that has not developed a virus profile shall develop a virus disinfection profile using the same monitoring data on which the Giardia lamblia profile is based.

E. The owner shall calculate the total inactivation ratio for Giardia lamblia and viruses as specified in subdivisions E 1 through E 4 of this subsection based on CT_99.9 (3-log) values using the appropriate values in Tables 500.2 through 500.14. Note that the 3-log values in the tables for Giardia lamblia also indicate that a 4-log virus inactivation can be achieved. pH and temperature values between the indicated values in Tables 500.2 through 500.14 shall be determined by linear interpolation, or the CT value at the lower temperature and at the higher pH shall be used. All parameters necessary to determine the total inactivation ratio shall be monitored during peak hourly flow.

1. The owner using only one point of disinfectant application shall determine the total inactivation ratio for the disinfection segment based on either of the following methods:

a. Determine one inactivation ratio (CT_calc/CT_99.9) before or at the first customer during peak hourly flow.

b. Determine successive CT_calc/CT_99.9 values, representing sequential inactivation ratios, between the point of disinfectant application and a point before or at the first customer during peak hourly flow. The owner shall calculate the total inactivation ratio by determining (CT_calc/CT_99.9) for each sequence and then adding the (CT_calc/CT_99.9) values together to determine total inactivation (∑ (CT_calc/CT_99.9)).

2. The owner using more than one point of disinfectant application before the first customer shall determine the CT value of each disinfection segment immediately before the next point of disinfectant application, or for the final segment before or at the first customer, during peak hourly flow. The (CT_calc/CT_99.9) value of each segment and (∑ (CT_calc/CT_99.9)) shall be calculated using the method in subdivision E 1 a or E 1 b of this subsection.

3. The owner shall determine the total logs of inactivation of Giardia lamblia by multiplying the value calculated in subdivision E 1 a or E 1 b of this subsection by 3.0.

4. The owner shall determine the total logs of inactivation of viruses by multiplying the value calculated in subdivision E 1 a or E 1 b of this subsection by 4.0.

F. A disinfection benchmark shall be calculated following the procedures in subdivisions F 1, F 2, and F 3 of this subsection.

1. For each year of profiling data collected and calculated, an owner shall determine the lowest mean monthly level of both Giardia lamblia and virus inactivation. The owner shall determine the mean Giardia lamblia and virus inactivation for each calendar month for each year of profiling data by dividing the sum of daily or weekly Giardia lamblia and virus log inactivation by the number of values calculated for that month.

2. The disinfection benchmark is the lowest monthly mean value (for waterworks with one year of profiling data) or the mean of the lowest monthly mean values (for waterworks with more than one year of profiling data) of Giardia lamblia and virus log inactivation in each year of profiling data.

3. The owner of a waterworks using chloramines, ozone, or chlorine dioxide for primary disinfection shall calculate the disinfection benchmark for viruses from the data collected in the same manner used to calculate the Giardia lamblia disinfection benchmark.

G. The owner shall retain the disinfection profile in graphic form, as a spreadsheet or in some other format acceptable to the department for evaluation as part of sanitary surveys conducted by the department.

H. Before making a significant change to the waterworks disinfection practice, the owner shall review the disinfection benchmark and consult with the department.

1. Significant changes to disinfection practice are (i) changes to the point of disinfectant application, (ii) changes to the disinfectants used in the treatment plant, (iii) changes to the disinfection process, and (iv) any other modification identified by the department.

2. The owner shall submit the following information to the department as part of the consultation process: (i) a description of the proposed change; (ii) the disinfection profile and benchmarks established for Giardia lamblia and, if necessary, viruses; (iii) an analysis of how the proposed change will affect the current levels of disinfection; and (iv) any additional information to justify the change.

Statutory Authority

§§ 32.1-12 and 32.1-170 of the Code of Virginia.

Historical Notes

Derived from VR355-18-005.06 § 2.17, eff. August 1, 1991; amended, Virginia Register Volume 9, Issue 17, eff. June 23, 1993; Volume 18, Issue 19, eff. July 3, 2002; Volume 21, Issue 13, eff. April 6, 2005; Volume 25, Issue 5, eff. December 10, 2008; Volume 28, Issue 5, eff. December 7, 2011; Volume 37, Issue 20, eff. June 23, 2021.

12VAC5-590-505. Emergency management plan for extended power outages.

A. The owner of a community waterworks (including consecutive waterworks) shall develop and maintain an emergency management plan for extended power outages.

B. The plan shall be kept current and shall be retained at a location that is readily accessible to the owner in the event of an extended power outage.

C. The owner of a community waterworks shall certify in writing to the department that the plan has been completed.

D. The plan shall address the following where applicable:

1. Identification of the criteria (events, duration of power outage, etc.) that will initiate activation of the plan.

2. How the owner will respond to an extended power outage lasting a minimum of five days.

3. Procedures for obtaining and distributing potable water in the event that the primary sources become unavailable.

4. Notification procedures and example notices to the public and media (local radio stations, television stations, local newspapers, etc.) including conservation notices and boil water advisories.

5. Emergency disinfection procedures for the distribution system and storage tank.

6. The point of contact for the department.

7. The points of contact for the waterworks personnel who should be notified.

8. The point of contact for the Local Emergency Coordinator designated by the Virginia Department of Emergency Management.

9. The points of contact for the electric power, natural gas, and propane distributors, or other energy supplier to the waterworks.

Statutory Authority

§§ 32.1-12 and 32.1-170 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 23, Issue 1, eff. October 18, 2006; amended, Virginia Register Volume 37, Issue 20, eff. June 23, 2021.

12VAC5-590-510. Acceptable operating practices.

A. This section is not intended to be all inclusive but reflects the concern for the public health significance of certain practices related to waterworks operation.

B. Filter operation.

1. Gravity flow granular media filters designed for pathogen and turbidity removal shall not be operated without adequate chemical coagulation as determined by the department.

2. A waterworks utilizing gravity flow granular media filtration shall not vary the rate of filtration through any single filter above its design capacity unless approved by the department.

3. Gravity flow granular media filters equipped with filter-to-waste facilities shall not be returned to service after backwashing until a thorough rinsing period has occurred so that the filter-to-waste water has a turbidity less than or equal to 0.3 NTU.

4. All MF and UF technologies employed for pathogen removal shall demonstrate removal efficiency equal to the removal (log inactivation) credit given in Table 500.1. A direct integrity test acceptable to the department shall be conducted and include the following:

a. The direct integrity test capability shall be provided for each filter unit; and

b. The direct integrity test shall be conducted at least daily for each day the filtration unit is in operation.

C. All waterworks shall provide a minimum working pressure of 20 psigauge (psig) at all service connections.

D. The board recommends that all community waterworks in the Commonwealth deliver the optimum fluoride ion concentration as determined by the U.S. Department of Health and Human Services.

E. A waterworks owner shall provide the commissioner at least 90 days prior written notice of the intent to initiate or discontinue a program to provide the optimum fluoride ion concentration.

Statutory Authority

§§ 32.1-12 and 32.1-170 of the Code of Virginia.

Historical Notes

Derived from VR355-18-005.07 § 2.18, eff. August 1, 1991; amended, Virginia Register Volume 9, Issue 17, eff. June 23, 1993; Volume 37, Issue 20, eff. June 23, 2021.

12VAC5-590-515. Use of chemicals.

A. All chemicals used in water treatment shall be compliant with NSF/ANSI/CAN Standard 60-2020. These chemicals shall include the following:

1. Corrosion and scale inhibitors;

2. Coagulants and flocculants;

3. Disinfectants and oxidants;

4. pH adjustment chemicals;

5. Regenerating agents; and

6. Membrane cleaning compounds.

B. Chemical containers shall bear the proper certification mark and identification consistent with the Safety Data Sheet for the chemical used.

C. The owner shall maintain documentation verifying that all chemicals meet NSF/ANSI/CAN Standard 60-2020 certification requirements.

Statutory Authority

§§ 32.1-12 and 32.1-170 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 37, Issue 20, eff. June 23, 2021.

12VAC5-590-520. Waterworks capacity.

A. When the water production of a community waterworks reaches 80% of the permitted capacity for any consecutive three-month period, the owner shall prepare and submit a written plan within 30 days of notification by the department to address capacity needs. This plan shall be evaluated by the department and corrective actions shall be approved by the department.

B. The department may require the owner to reevaluate the source water capacity of a well by conducting a yield and drawdown test in accordance with 12VAC5-590-840 H when the well has demonstrated declining yield.

Statutory Authority

§§ 32.1-12 and 32.1-170 of the Code of Virginia.

Historical Notes

Derived from VR355-18-005.08 § 2.19, eff. August 1, 1991; amended, Virginia Register Volume 9, Issue 17, eff. June 23, 1993; Volume 37, Issue 20, eff. June 23, 2021.

12VAC5-590-530. Reporting.

A. The results of all required monitoring activity shall be reported by the owner or the owner's authorized agent to the department no later than (i) the 10th day of the month following the month during which the test results were received, or (ii) the 10th day following the end of the monitoring period, whichever is shorter, unless stipulated otherwise by the department. The results of any required monitoring activity shall be reported by the owner or the owner's authorized agent in a format and method prescribed by the department. For routine compliance samples analyzed for contaminants listed in Tables 340.1 through 340.7, the owner shall request that the certified analytical laboratory performing the analyses provide the data electronically to the department as per the requirements of this section.

B. It shall be the duty and responsibility of an owner to report to the department in the most expeditious manner for circumstances identified in subsections C through J of this section. The owner shall contact the department for the acceptable notification method. The official laboratory data report shall be sent to the department as soon as practical.

C. Bacteriological examination reporting.

1. When a bacteriological examination shows that samples are required (see 12VAC5-590-380 D), the owner shall collect the repeat samples within 24 hours of being notified of the positive result and shall report the repeat sample results to the department.

2. Microbial contamination, as evidenced by one or more routine distribution system water samples indicating the presence of E. coli or waterborne pathogens, shall be reported by the owner to the department by the end of the day when the owner was notified of the test result, unless the department is closed, in which case the department shall be notified before the end of the next business day.

3. An E. coli PMCL violation shall be reported by the owner to the department by the end of the day when the owner was notified of the test result, unless the department is closed, in which case the department shall be notified before the end of the next business day.

4. The owner who has failed to comply with the monitoring requirements of 12VAC5-590-370 shall report the monitoring violation to the department in writing within 10 days after the owner discovers the violation and shall notify the public in accordance with 12VAC5-590-540 A 3.

D. Turbidity reporting. For a waterworks required to filter for pathogen and turbidity removal, a report shall be made within 24 hours to the department if the filtered water turbidity measurement exceeds the following concentrations based on the filtration treatment type:

1. Conventional filtration -- one NTU.

2. Diatomaceous earth filtration -- five NTU.

3. Slow sand filtration -- five NTU.

4. Membrane, bag and cartridge filtration -- one NTU.

E. PMCL exceedance.

1. When a PMCL of an inorganic or organic chemical is exceeded for a single sample the owner shall report the exceedance within seven days. If a sample result would cause the compliance average to be exceeded, then the owner shall report the sample result, in context with the compliance average, to the department within 48 hours.

2. When the average value of the samples collected pursuant to 12VAC5-590-382 and 12VAC5-590-383 exceeds the PMCL of an inorganic or organic chemical, the owner shall report the exceedance to the department within 48 hours.

3. When the PMCL for a radionuclide has been exceeded as determined by Table 340.4, the results shall be reported to the department within 48 hours.

F. The owner shall report to the department within 48 hours of the failure to comply with the monitoring and sanitary survey requirements of this chapter.

G. The owner shall report to the department within 48 hours of the failure to comply with the requirements of the schedule prescribed pursuant to a variance or exemption.

H. The owner shall report a Tier 1 violation or situation, as described in 12VAC5-590-540 A 1, to the department as soon as practical, but no later than 24 hours after the owner learns of the Tier 1 violation or situation. At the same time the report is made, the owner shall consult with the department to determine the need for any additional actions to address the violation or situation.

I. Reporting requirements for coliform treatment technique violations.

1. The owner that has violated the treatment technique required in 12VAC5-590-392 B shall report the violation to the department no later than the end of the next business day after learning of the violation and shall notify the public in accordance with 12VAC5-590-540 A 2.

2. The owner that is required to conduct an assessment under 12VAC5-590-392 C shall submit the assessment report within 30 days to the department.

3. The owner shall notify the department in writing after each scheduled corrective action is completed for corrections that were not completed by the time of submission of the assessment form under the requirements of 12VAC5-590-392 C.

J. The owner of a seasonal waterworks shall submit the certification of completion of the approved start-up procedure on a form approved by the department before serving water.

K. Reporting requirements for groundwater systems. The owner shall report the following information in accordance with subsection A of this section:

1. The owner conducting compliance monitoring as required by 12VAC5-590-421 C shall notify the department as soon as practical, but no later than the next business day, whenever the groundwater system fails to meet the department-specified minimum residual disinfectant concentration for more than four hours.

2. The owner required to conduct corrective action as described in 12VAC5-590-421 A shall notify the department within 30 days of completion of corrective action.

3. The owner subject to the source water monitoring requirements of 12VAC5-590-379 that do not conduct this monitoring under the provision of 12VAC5-590-380 E shall provide documentation to the department within 30 days of the collection that the sample met the criteria defined in 12VAC5-590-380 E.

Statutory Authority

§§ 32.1-12 and 32.1-170 of the Code of Virginia.

Historical Notes

Derived from VR355-18-005.09 § 2.20, eff. August 1, 1991; amended, Virginia Register Volume 9, Issue 17, eff. June 23, 1993; Volume 12, Issue 2, eff. November 15, 1995; Volume 18, Issue 19, eff. July 3, 2002; Volume 19, Issue 17, eff. June 4, 2003; Volume 19, Issue 20, eff. July 16, 2003; Volume 19, Issue 24, eff. September 10, 2003; Volume 21, Issue 13, eff. April 6, 2005; Volume 22, Issue 21, eff. July 26, 2006; Volume 25, Issue 5, eff. December 10, 2008; Volume 27, Issue 1, eff. October 13, 2010; Volume 28, Issue 5, eff. December 7, 2011; Volume 33, Issue 3, eff. November 2, 2016; Volume 37, Issue 20, eff. June 23, 2021.

12VAC5-590-531. Reporting requirements for filtration treatment and disinfection treatment.

A. The owner of a waterworks using a surface water source, a GUDI source, or both shall report monthly to the department the following specified information.

1. Turbidity measurements as required by 12VAC5-590-376 B shall be reported within 10 days after the end of each month the waterworks serves water to the public. Information that shall be reported includes:

a. The total number of filtered water turbidity measurements collected during the month.

b. The number and percentage of filtered water turbidity measurements collected during the month that are less than or equal to the turbidity limits specified in 12VAC5-590-395 A 2 b for the filtration technology being used.

c. The owner of a waterworks that uses lime softening may apply to the department for alternative exceedance levels for the levels specified in subdivision A 1 b of this section if the owner can demonstrate that higher turbidity levels in individual filters are due to lime carryover only and not due to degraded filter performance.

2. The owner of a waterworks with combined distribution systems serving at least 10,000 persons using a surface water source, a GUDI source, or both that provides conventional filtration treatment or direct filtration shall report monthly to the department the information specified in subdivisions A 2 a and A 2 b of this section. Also, the owner of a waterworks that provides filtration approved under 12VAC5-590-395 A 2 b shall report monthly to the department the information specified in subdivisions A 2 a and A 2 b of this section.

a. Turbidity measurements collected to meet 12VAC5-590-395 A 2 b shall be reported within 10 days after the end of each month the waterworks serves water to the public. Information that shall be reported includes:

(1) The total number of filtered water turbidity measurements collected during the month.

(2) The number and percentage of filtered water turbidity measurements collected during the month that are less than or equal to the turbidity limits specified in 12VAC5-590-395 A 2 b.

(3) The date and value of any turbidity measurements collected during the month that exceed 1.0 NTU for waterworks using conventional filtration treatment or direct filtration or that exceed the maximum level set by the department under 12VAC5-590-395 A 2 b.

b. The owner shall maintain the results of individual filter monitoring collected under 12VAC5-590-376 B for at least three years. The owner shall report the completion of individual filter turbidity monitoring under 12VAC5-590-376 B within 10 days after the end of each month the waterworks serves water to the public. The owner shall report individual filter turbidity measurement results collected under 12VAC5-590-376 B within 10 days after the end of each month the waterworks serves water to the public only if measurements demonstrate one or more of the conditions in 12VAC5-590-395 A 2 b. The owner of a waterworks that uses lime softening may apply to the department for alternative exceedance levels for the levels specified in 12VAC5-590-395 A 2 b if the owner can demonstrate that higher turbidity levels in individual filters are due to lime carryover only and not due to degraded filter performance.

3. For a waterworks with combined distribution systems serving 10,000 or more persons.

a. For an individual filter that has a measured turbidity level of greater than 1.0 NTU in two consecutive measurements collected 15 minutes apart, the owner shall report the filter number, the turbidity measurement, and the dates on which the exceedances occurred. In addition, the owner shall either produce a filter profile for the filter within seven days of the exceedance if the owner is not able to identify an obvious reason for the abnormal filter performance and report that the profile has been produced or report the obvious reason for the exceedance.

b. For an individual filter that has a measured turbidity level of greater than 0.5 NTU in two consecutive measurements collected 15 minutes apart at the end of the first four hours of continuous filter operation after the filter has been backwashed or otherwise taken offline, the owner shall report the filter number, the turbidity, and the dates on which the exceedances occurred. In addition, the owner shall either produce a filter profile for the filter within seven days of the exceedance if the owner is not able to identify an obvious reason for the abnormal filter performance and report that the profile has been produced or report the obvious reason for the exceedance.

c. For an individual filter that has a measured turbidity level of greater than 1.0 NTU in two consecutive measurements collected 15 minutes apart at any time in each of three consecutive months, the owner shall report the filter number, the turbidity measurement, and the dates on which the exceedances occurred. In addition, the waterworks shall conduct a self-assessment of the filter within 14 days of the exceedances and report that the self-assessment was conducted. The self-assessment shall consist of at least the following components: assessment of filter performance, development of a filter profile, identification and prioritization of factors limiting filter performance, assessment of the applicability of corrections, and preparation of a filter self-assessment report.

d. For an individual filter that has a measured turbidity level of greater than 2.0 NTU in two consecutive measurements collected 15 minutes apart at any time in each of two consecutive months, the owner shall report the filter number, the turbidity measurement, and the dates on which the exceedances occurred. In addition, the owner shall arrange for the conduct of a comprehensive performance evaluation (CPE) by the department or a third party approved by the department no later than 30 days following the exceedance and have the evaluation completed and submitted to the department no later than 90 days following the exceedance. A CPE means a thorough evaluation and analysis of a water treatment plant's performance-based capabilities and associated administrative, operational, and maintenance practices. A CPE is conducted to identify factors that may be adversely impacting a water treatment plant's capability to achieve compliance and emphasizes approaches that can be implemented without significant capital improvements.

4. For a waterworks with combined distribution systems serving fewer than 10,000 persons.

a. For an individual filter or the turbidity of CFE for waterworks with two filters that monitor CFE instead of individual filters that has a measured turbidity level of greater than 1.0 NTU in two consecutive measurements collected 15 minutes apart, the owner shall report the filter numbers, the turbidity measurements, and the dates on which the exceedances occurred and the cause (if known) for the exceedances.

b. For an individual filter or the turbidity of CFE for a waterworks with two filters that monitor CFE instead of individual filters that has a measured turbidity level of greater than 1.0 NTU in two consecutive measurements collected 15 minutes apart at any time in each of three consecutive months, the owner shall conduct a self-assessment of the filters within 14 days of the day the filter exceeded 1.0 NTU unless a CPE as specified in subdivision A 4 c of this section was required. A waterworks with two filters that monitor the CFE instead of individual filters shall conduct a self-assessment on both filters. The self-assessment shall be reported to the department and consist of at least the following components: (i) date the self-assessment was triggered, (ii) date the self-assessment was completed, (iii) an assessment of filter performance, (iv) development of a filter profile, (v) identification and prioritization of factors limiting filter performance, (vi) assessment of the applicability of corrections, and (vii) preparation of a filter self-assessment report. The self-assessment shall be submitted within 10 days after the end of the month or 14 days after the self-assessment was triggered only if it was triggered during the last four days of the month.

c. For an individual filter or the turbidity of CFE for a waterworks with two filters that monitor CFE instead of individual filters that has a measured turbidity level of greater than 2.0 NTU in two consecutive measurements collected 15 minutes apart at any time in each of two consecutive months, the owner shall arrange for a CPE, as defined in subdivision A 3 d of this section, by the department or a third party approved by the department no later than 60 days following the day the filter exceeded 2.0 NTU in two consecutive months. The owner shall report within 10 days after the end of the month that a CPE is required and the date that it was triggered. If a CPE has been completed by the department or a third party approved by the department within the 12 prior months or the owner and the department are jointly participating in an ongoing comprehensive technical assistance project at the waterworks, then a new CPE is not required. If conducted, a CPE shall be completed and submitted to the department no later than 120 days following the day the filter exceeded 2.0 NTU in two consecutive measurements for the second straight month.

5. Reporting Cryptosporidium monitoring results.

a. The owner shall report results from the source water monitoring required in 12VAC5-590-401 B no later than 10 days after the end of the first month following the month when the sample is collected.

b. The owner shall report the following data elements for each Cryptosporidium analysis:

(1) Public water system (PWS) identification number;

(2) Facility identification number;

(3) Sample collection date;

(4) Sample type (field or matrix spike);

(5) Sample volume filtered (L), to nearest 1/4 L;

(6) Was 100% of filtered volume examined; and

(7) Number of oocysts counted.

c. Quality control for Cryptosporidium analysis:

(1) For matrix spike samples, the owner shall also report the sample volume spiked and the estimated number of oocysts spiked. These data are not required for field samples.

(2) For samples in which less than 10 L is filtered or less than 100% of the sample volume is examined, the owner shall also report the number of filters used and the packed pellet volume.

(3) For samples in which less than 100% of the sample volume is examined, the owner shall also report the volume of re-suspended concentrate and volume of this re-suspension processed through immunomagnetic separation.

d. The owner shall report the following data elements for each E. coli analysis:

(1) PWS identification number;

(2) Facility identification number;

(3) Sample collection date;

(4) Analytical method number;

(5) Method type;

(6) Source water type (flowing stream, lake or reservoir, GUDI source);

(7) E. coli/100 mL; and

(8) Turbidity.

e. The owner of a waterworks serving fewer than 10,000 persons and not required to monitor for turbidity under 12VAC5-590-401 B is not required to report turbidity with their E. coli results.

B. Reporting of requirements for enhanced treatment for Cryptosporidium.

1. The owner shall report sampling schedules under 12VAC5-590-401 B and source water monitoring results under 12VAC5-590-531 A 5, unless the owner notifies the department that the owner will not conduct source water monitoring due to meeting the criteria of 12VAC5-590-401 B 4.

2. The owner shall report the use of uncovered finished water storage facilities to the department as described in 12VAC5-590-415.

3. The owner of a waterworks that provide filtration shall report their Cryptosporidium bin classification as described in 12VAC5-590-401 D.

4. The owner shall report disinfection profiles and benchmarks to the department as described in 12VAC5-590-401 C 1 and C 2 before making a significant change in disinfection practice.

5. The owner shall report to the department in accordance with Table 531.1 for any microbial toolbox options used to comply with treatment requirements under 12VAC5-590-401 D 2. Alternatively, the department may approve a waterworks to certify operation within required parameters for treatment credit rather than reporting monthly operational data for toolbox options.

C. Disinfection information specified in this subsection shall be reported to the department within 10 days after the end of each month the waterworks serves water to the public. Information that shall be reported includes:

1. For each day, the lowest measurement of residual disinfectant concentration in mg/L in water entering the distribution system.

2. The date and duration of each period when the residual disinfectant concentration in water entering the distribution system fell below 0.2 mg/L and when the department was notified of the occurrence.

3. The following information on the samples collected in the distribution system in conjunction with total coliform monitoring pursuant to 12VAC5-590-395 A 2.

a. Number of instances where the residual disinfectant concentration is measured;

b. Number of instances where the residual disinfectant concentration is not measured but HPC is measured;

c. Number of instances where the residual disinfectant concentration is measured but not detected and no HPC is measured;

d. Number of instances where no residual disinfectant concentration is detected and where HPC is greater than 500/mL;

e. Number of instances where the residual disinfectant concentration is not measured and HPC is greater than 500/mL; and

f. For the current and previous month the waterworks serves water to the public, the value of "V," in percent, in the following formula:

a = the value in subdivision C 3 a of this section.

b = the value in subdivision C 3 b of this section.

c = the value in subdivision C 3 c of this section.

d = the value in subdivision C 3 d of this section.

e = the value in subdivision C 3 e of this section.

g. The department may determine that based on site-specific considerations if an owner has no means for having a sample transported and analyzed for HPC by a certified laboratory under the requisite time and temperature conditions and the waterworks is providing adequate disinfection in the distribution system, the HPC compliance requirements of subdivisions C 3 a through C 3 f of this section do not apply.

4. The owner need not report the data listed in subdivision C 1 of this section if all data listed in subdivisions C 1, C 2, and C 3 of this section remain on file at the waterworks and the department determines that the owner has submitted all of the information required by subdivisions C 1, C 2, and C 3 of this section for the last 12 months.

5. A waterworks using disinfection oxidants other than free chlorine after filtration shall continue to record disinfection profile measurements and incorporate log inactivation computations into their monthly operation reports, as described in 12VAC5-590-570.

D. Reporting requirements for DBPs. The owner shall report the following information to the department in accordance with 12VAC5-590-530. The department may choose to perform calculations and determine whether the PMCL was violated, instead of having the owner report that information.

1. Locational running annual average (LRAA) reporting:

a. The owner shall report the following information for each monitoring location to the department:

(1) Number of samples collected during the last quarter.

(2) Date and results of each sample collected during the last quarter.

(3) Arithmetic average of quarterly results for the last four quarters for each LRAA, beginning at the end of the fourth calendar quarter that follows the compliance date and at the end of each subsequent quarter. If the LRAA calculated based on fewer than four quarters of data would cause the PMCL to be exceeded regardless of the monitoring results of subsequent quarters, the owner shall report this information to the department as part of the first report due following the compliance date or anytime thereafter that this determination is made. If the owner is required to conduct monitoring at a frequency that is less than quarterly, then the owner shall make compliance calculations beginning with the first compliance sample collected after the compliance date, unless the owner is required to conduct increased monitoring under 12VAC5-590-374 F 5.

(4) Whether, based on 12VAC5-590-384 B 1, the PMCL was violated at any monitoring location.

(5) Any operational evaluation levels under 12VAC5-590-384 B 1 d that were exceeded during the quarter, and if so, the location and date and the calculated TTHM and HAA5 levels.

b. The owner of a waterworks using a surface water source, a GUDI source, or both seeking to qualify for or remain on reduced TTHM and HAA5 monitoring shall report the following source water TOC information for each water treatment plant that treats surface water or groundwater under the direct influence of surface water to the department within 10 days of the end of any quarter in which monitoring is required:

(1) The number of source water TOC samples collected each month during last quarter.

(2) The date and result of each sample collected during last quarter.

(3) The quarterly average of monthly samples collected during last quarter or the result of the quarterly sample.

(4) The RAA of quarterly averages from the past four quarters.

(5) Whether the RAA exceeded 4.0 mg/L.

2. The owner of a waterworks monitoring for chlorite under the requirements of 12VAC5-590-374 G shall report:

a. The number of entry point samples collected each month for the last three months.

b. The location, date, and result of each sample (both entry point and distribution system) collected during the last quarter.

c. For each month in the reporting period, the arithmetic average of all samples collected in each three sample set collected in the distribution system.

d. Whether, based on 12VAC5-590-384 B 3, the PMCL was violated, in which month, and how many times it was violated each month.

3. The owner of a waterworks monitoring for bromate under the requirements of 12VAC5-590-374 H shall report:

a. The number of samples collected during the last quarter.

b. The location, date, and result of each sample collected during the last quarter.

c. The arithmetic average of the monthly arithmetic averages of all samples collected in the last year.

d. Whether, based on 12VAC5-590-384 B 2, the PMCL was violated.

E. Reporting requirements for disinfectants. The owner shall report the information specified in this subsection to the department in accordance with 12VAC5-590-530. The department may choose to perform calculations and determine whether the MRDL was violated, instead of having the owner report that information:

1. The owner of a waterworks monitoring for chlorine or chloramines under the requirements of 12VAC5-590-374 I 1 shall report:

a. The number of samples collected during each month of the last quarter.

b. The monthly arithmetic average of all samples collected in each month for the last 12 months.

c. The arithmetic average of all monthly averages for the last 12 months.

d. Whether, based on 12VAC5-590-384 C 1, the MRDL was violated.

2. The owner of a waterworks monitoring for chlorine dioxide under the requirements of 12VAC5-590-374 I 2 shall report:

a. The dates, results, and locations of samples collected during the last quarter.

b. Whether, based on 12VAC5-590-384 C 2, the MRDL was violated.

c. Whether the MRDL was exceeded in any two consecutive daily samples and whether the resulting violation was acute or nonacute.

F. Reporting requirements for DBPPs and enhanced coagulation or enhanced softening. The owner shall report the following information to the department in accordance with 12VAC5-590-530. The department may choose to perform calculations and determine whether the treatment technique was met, instead of having the owner report that information:

1. The owner of a waterworks monitoring monthly or quarterly for TOC under the requirements of 12VAC5-590-374 J and required to meet the enhanced coagulation or enhanced softening requirements in 12VAC5-590-411 A 2 shall report:

a. The number of paired (source water and treated water) samples collected during the last quarter.

b. The location, date, and results of each paired sample and associated alkalinity collected during the last quarter.

c. For each month in the reporting period that paired samples were collected, the arithmetic average of the percent reduction of TOC for each paired sample and the required TOC percent removal.

d. Calculations for determining compliance with the TOC percentage removal requirements, as provided in 12VAC5-590-411 A 3.

e. Whether the waterworks is in compliance with the enhanced coagulation or enhanced softening percent removal requirements in 12VAC5-590-411 A 2 for the last four quarters.

2. The owner of a waterworks monitoring monthly or quarterly for TOC under the requirements of 12VAC5-590-374 J and meeting one or more of the alternative compliance criteria in 12VAC5-590-411 A 1 c or A 1 d shall report:

a. The alternative compliance criterion that the waterworks is using.

b. The number of paired samples collected during the last quarter.

c. The location, date, and result of each paired sample and associated alkalinity collected during the last quarter.

d. The running annual arithmetic average based on monthly averages (or quarterly samples) of source water TOC for a waterworks meeting a criterion in 12VAC5-590-411 A 1 c (1) or A 1 c (3) or of treated water TOC for waterworks meeting the criterion in 12VAC5-590-411 A 1 c (2).

e. The running annual arithmetic average based on monthly averages (or quarterly samples) of source water SUVA for a waterworks meeting the criterion in 12VAC5-590-411 A 1 c (5) or of treated water SUVA for a waterworks meeting the criterion in 12VAC5-590-411 A 1 c (6).

f. The RAA of source water alkalinity for a waterworks meeting the criterion in 12VAC5-590-411 A 1 c (3) and of treated water alkalinity for a waterworks meeting the criterion in 12VAC5-590-411 A 1 d (1).

g. The RAA for both TTHM and HAA5 for a waterworks meeting the criterion in 12VAC5-590-411 A 1 c (3) or A 1 c (4).

h. The RAA of the amount of magnesium hardness removal (as CaCO₃, in mg/L) for a waterworks meeting the criterion in 12VAC5-590-411 ) A 1 d (2).

i. Whether the waterworks is in compliance with the particular alternative compliance criterion in 12VAC5-590-411 A 1 c or A 1 d.

G. Additional reporting requirements. The owner shall report the following incidents within 24 hours to the department:

1. A waterborne disease outbreak that is potentially attributable to that waterworks.

2. Chlorine residual of below 0.2 mg/L in the water entering the distribution system. The owner also shall notify the department by the end of the next business day whether or not the residual was restored to at least 0.2 mg/L within four hours.

Statutory Authority

§§ 32.-12 and 32.1-170 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 37, Issue 20, eff. June 23, 2021.

12VAC5-590-532. Reporting requirements for lead and copper.

A. The owner shall report all of the information in this section to the department in accordance with this section.

B. Reporting requirements for tap water monitoring for lead and copper and for water quality parameter monitoring.

1. Except as provided in subdivision B 1 g of this section, the owner shall report the information specified in this subsection for all tap water samples specified in 12VAC5-590-375 B and for all water quality parameter samples specified in 12VAC5-590-375 C within the first 10 days following the end of each applicable monitoring period specified in 12VAC5-590-375 B and C (i.e., every six months, annually, every three years, or every nine years). For monitoring periods with a duration less than six months, the end of the monitoring period is the last date samples can be collected during the period as specified in 12VAC5-590-375 B and C.

a. The results of all tap samples for lead and copper including location or a location site code and the criteria under 12VAC5-590-375 B 1 c through B 1 f or 12VAC5-590-375 C under which the site was selected for the waterworks sampling pool.

b. Documentation for each tap water lead or copper sample for which the owner requests invalidation pursuant to 12VAC5-590-375 B 6.

c. The 90th percentile lead and copper concentrations measured from among all lead and copper tap water samples collected during each monitoring period (calculated in accordance with 12VAC5-590-385 C) unless the department calculates the 90th percentile lead and copper levels under subsection I of this section.

d. With the exception of initial tap sampling conducted pursuant to 12VAC5-590-375 B 4 a, the owner shall designate any site that was not sampled during previous monitoring periods and include an explanation of why sampling sites have changed.

e. The results of all tap samples for pH, and where applicable, alkalinity, calcium, conductivity, temperature, and orthophosphate or silica collected under 12VAC5-590-375 C 2 through C 5.

f. The results of all samples collected at the entry point to the distribution system for applicable water quality parameters under 12VAC5-590-375 C 2 through C 5.

g. The owner shall report the results of all water quality parameter samples collected under 12VAC5-590-375 C 3 through 12VAC5-590-375 C 6 during each six month monitoring period specified in 12VAC5-590-375 C 4 within the first 10 days following the end of the monitoring period unless the department has specified a more frequent reporting requirement.

2. The owner of a NTNC, or a community waterworks meeting the criteria of 12VAC5-590-405 D 2 e, that does not have enough taps that can provide first-draw samples must either:

a. Provide written documentation to the department identifying standing times and locations for enough non-first-draw samples to make up the sampling pool under 12VAC5-590-375 B 2 e by the start of the first applicable monitoring period under 12VAC5-590-375 B 4, unless the department has waived prior approval of non-first-draw sample sites selected by the owner pursuant to 12VAC5-590-375 B 2 e; or

b. If the department has waived prior approval of non-first-draw sample sites selected by the owner, then the owner shall identify in writing each site that did not meet the six-hour minimum standing time and the length of standing time for that particular substitute sample collected pursuant to 12VAC5-590-375 B 2 e and include this information with the lead and copper sample results required to be submitted pursuant to subsection B of this section.

3. At a time specified by the department, or if no specific time is designated by the department, then as early as practical before the addition of a new source or any long-term change in water treatment, an owner (i) deemed to have optimized corrosion control under 12VAC5-590-405 A 2 b (3), (ii) subject to reduced monitoring pursuant to 12VAC5-590-375 B 4 d, or (iii) subject to a monitoring waiver pursuant to 12VAC5-590-375 B 7 shall submit written documentation to the department describing the change or addition. The department must approve the addition of a new source or a long-term change in treatment before it is implemented by the owner. Examples of long-term treatment changes include the addition of a new treatment process or modification of an existing treatment process. Examples of modification include switching secondary disinfectants, switching coagulants (e.g., alum to ferric chloride), or switching corrosion inhibitor products (e.g., orthophosphate to blended phosphate). Long-term changes can include dose changes to existing chemicals if the waterworks is planning long-term changes to its finished water pH or residual inhibitor concentration. Long-term treatment changes would not include chemical dose fluctuations associated with daily source water quality changes.

4. The owner of a small waterworks applying for a monitoring waiver under 12VAC5-590-375 B 7 or subject to a waiver granted pursuant to 12VAC5-590-375 B 7 c shall provide the following information to the department in writing by the specified deadline:

a. By the start of the first applicable monitoring period in 12VAC5-590-375 B 4, the owner of a small waterworks applying for a monitoring waiver shall provide the documentation required to demonstrate that the waiver criteria of 12VAC5-590-375 B 7 a and 12VAC5-590-375 B 7 b have been met.

b. No later than nine years after the monitoring previously conducted pursuant to 12VAC5-590-375 B 7 b or 12VAC5-590-375 B 7 d (1), the owner of a small waterworks desiring to maintain its monitoring waiver shall provide the information required by 12VAC5-590-375 B 7 d (1) and 12VAC5-590-375 B 7 d (2).

c. No later than 60 days after becoming aware that it is no longer free of lead-containing or copper-containing material, the owner of a small waterworks with a monitoring waiver shall provide written notification to the department setting forth the circumstances resulting in the lead-containing or copper-containing materials being introduced into the waterworks and what corrective action, if any, the owner plans to take to remove these materials.

5. The owner of a groundwater system that limits water quality parameter monitoring to a subset of entry points under 12VAC5-590-375 C 3 c shall provide by the commencement of the monitoring written correspondence to the department that identifies the selected entry points and includes information sufficient to demonstrate that the sites are representative of water quality and treatment conditions throughout the waterworks.

C. Source water monitoring reporting requirements.

1. The owner shall report the sampling results for all source water samples collected in accordance with 12VAC5-590-375 D within the first 10 days following the end of each source water monitoring period (i.e., annually, per compliance period, per compliance cycle) specified in 12VAC5-590-375 D.

2. With the exception of the first round of source water sampling conducted pursuant to 12VAC5-590-375 D 2, the owner shall specify any site that was not sampled during previous monitoring periods and include an explanation of why the sampling point has changed.

D. Corrosion control treatment reporting requirements. By the applicable dates under 12VAC5-590-405 A 2 a, an owner shall report the following information:

1. For the owner demonstrating that corrosion control has already been optimized, information required in 12VAC5-590-405 A 2 b (2) or 12VAC5-590-405 A 2 b (3).

2. For the owner required to optimize corrosion control, the owner's recommendation regarding optimal corrosion control treatment under 12VAC5-590-405 A 1 a.

3. For the owner required to evaluate the effectiveness of corrosion control treatments, the information required under 12VAC5-590-405 A 1 c.

4. For the owner required to install optimal corrosion control designated by the department under 12VAC5-590-405 A 1 d, a letter certifying that the owner has completed installing that treatment.

E. Source water treatment reporting requirements. By the applicable dates in 12VAC5-590-405 B, an owner shall provide the following information to the department:

1. If required under 12VAC5-590-405 B 2 a, the owner's recommendation regarding source water treatment; or

2. For an owner required to install source water treatment under 12VAC5-590-405 B 2 b, a letter certifying that the owner has completed installing the treatment designated by the department within 24 months after the department designated the treatment.

F. Lead service line replacement reporting requirements. The owner shall report the following information to the department to demonstrate compliance with the requirements of 12VAC5-590-405 C:

1. No later than 12 months after the end of a monitoring period in which a waterworks exceeds the lead AL in sampling referred to in 12VAC5-590-405 C 1, the owner shall submit written documentation to the department of the materials evaluation conducted as required in 12VAC5-590-375 B 1, to identify the initial number of lead service lines in the distribution system at the time the waterworks exceeds the lead AL, and provide the owner's schedule for annually replacing at least 7.0% of the initial number of lead service lines in its distribution system.

2. No later than 12 months after the end of a monitoring period in which a waterworks exceeds the lead AL in sampling referred to in 12VAC5-590-405 C 1, and every 12 months thereafter, the owner shall demonstrate to the department in writing that the owner has either:

a. Replaced in the previous 12 months at least 7.0% of the initial lead service lines or a greater number of lines specified by the department under 12VAC5-590-405 C 6 in the distribution system; or

b. Conducted sampling that demonstrates that the lead concentration in all service line samples from an individual line collected pursuant to 12VAC5-590-375 B 2 c is less than or equal to 0.015 mg/L. In these cases, the total number of lines replaced that meet the criteria in 12VAC5-590-405 C 4 shall equal at least 7.0% of the initial number of lead service lines identified under subdivision F 1 of this section or the percentage specified by the department under 12VAC5-590-405 C 6.

3. The annual letter submitted to the department under subdivision F 2 of this section shall contain the following information:

a. The number of lead service lines scheduled to be replaced during the previous year of the waterworks replacement schedule;

b. The number and location of each lead service line replaced during the previous year of the waterworks replacement schedule; and

c. If measured, the water lead concentration and location of each lead service line sampled, the sampling method, and the date of sampling.

4. The owner of a waterworks that collects lead service line samples following partial lead service line replacement required by 12VAC5-590-405 C shall report the results to the department within the first 10 days of the month following the month in which the owner receives the laboratory results or as specified by the department. The owner shall also report any additional information as specified by the department in a time and manner prescribed by the department to verify that all partial lead service line replacement activities have taken place.

G. Public education program reporting requirements. The owner shall report the following information to the department to demonstrate compliance with the requirements of 12VAC5-590-405 D.

1. The owner of a waterworks that is subject to the public education requirements in 12VAC5-590-405 D shall within 10 days after the end of each period in which the owner is required to perform public education tasks in accordance with 12VAC5-590-405 D 2 send written notice to the department that contains:

a. A demonstration that the owner has delivered the public education materials that meet the content requirements of 12VAC5-590-405 D 1 and the delivery requirements of 12VAC5-590-405 D 2; and

b. A list of all the newspapers, radio stations, television stations, and facilities and organizations to which the owner delivered public education materials during the period in which the owner was required to perform public education tasks.

2. Unless required by the department, an owner that previously has submitted the information required by subdivision G 1 b of this section need not resubmit the information required by subdivision G 1 b of this section, as long as there has been no changes in the distribution list and the owner certifies that the public education materials were distributed to the same list submitted previously.

3. No later than three months following the end of the monitoring period, the owner shall mail a sample copy of the consumer notification of tap results to the department along with a certification that the notification has been distributed in a manner consistent with the requirements of 12VAC5-590-405 D 4.

H. Reporting of additional monitoring data. The owner of a waterworks that collects sampling data in addition to that required by 12VAC5-590-375 shall report the results to the department within the first 10 days following the end of the applicable monitoring period under 12VAC5-590-375 B, 12VAC5-590-375 C, and 12VAC5-590-375 D during which the samples are collected.

I. Reporting of the 90th percentile lead and copper concentrations where the department calculates a waterworks' 90th percentile concentrations. The owner is not required to report the 90th percentile lead and copper concentrations measured from among all lead and copper tap samples collected during each monitoring period, as required by subdivision B 1 d of this section if:

1. The department has previously notified the owner that the department will calculate the waterworks' 90th percentile lead and copper concentrations based on the lead and copper tap results submitted pursuant to subdivision I 2 a of this section and has specified a date before the end of the applicable monitoring period by which the owner shall provide the results of the lead and copper tap water samples; and

2. The owner has provided the following information to the department by the date specified in subdivision I 1 of this section:

a. The results of all tap samples for lead and copper including the location of each site and the criteria under 12VAC5-590-375 B 1 c through 12VAC5-590-375 B 1 f or 12VAC5-590-375 B 1 g under which the site was selected for the waterworks sampling pool, pursuant to subdivision B 1 a of this section;

b. An identification of sampling sites utilized during the current monitoring period that were not sampled during the previous monitoring periods and an explanation why sampling sites have changed; and

c. The department has provided the results of the 90th percentile lead and copper calculations in writing to the owner before the end of the monitoring period.

Statutory Authority

§§ 32.1-12 and 32.1-170 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 37, Issue 20, eff. June 23, 2021.

12VAC5-590-540. Public notices.

A. The owner shall give public notice to (i) persons served by the waterworks and (ii) the owner of any consecutive waterworks to which it sells or otherwise provides water under the following circumstances.

1. Tier 1.

a. When E. coli are present in the distribution system, or when the waterworks fails to test for E. coli when any repeat sample tests positive for total coliform;

b. Violation of the PMCL for E. coli;

c. Violation of the PMCL for nitrate, nitrite, or total nitrate and nitrite;

d. Failure to collect a confirmation sample within 24 hours of the waterworks receipt of the first sample showing an exceedance of the nitrate or nitrite PMCL;

e. Exceedance of the nitrate PMCL by a noncommunity waterworks, where permitted to exceed the PMCL by the department;

f. Violation of the MRDL for chlorine dioxide when one or more samples collected in the distribution system the day following an exceedance of the MRDL at the entry point to the distribution system exceed the MRDL;

g. Failure to monitor chlorine dioxide residuals in the distribution system the day following an exceedance of the chlorine dioxide MRDL at the entrance to the distribution system;

h. Violation of the treatment technique requirements for filtration and disinfection resulting from a single exceedance of the maximum allowable turbidity limit, where the department determines after consultation that a Tier 1 notice is required;

i. Failure to consult with the department within 24 hours after the owner learns of the violation of the treatment technique requirements for filtration and disinfection resulting from a single exceedance of the maximum allowable turbidity limit;

j. Occurrence of a waterborne disease outbreak or other waterborne emergency (such as a failure or significant interruption in key water treatment processes, a natural disaster that disrupts the water supply or distribution system, or a chemical spill or unexpected loading of possible pathogens into the source water that significantly increases the potential for drinking water contamination);

k. Detection of E. coli in groundwater source samples; or

l. Other violations or situations with significant potential to have serious adverse effects on human health as a result of short-term exposure, as determined by the commissioner or department on a case-by-case basis.

2. Tier 2.

a. All violations of the PMCL, MRDL, and treatment technique requirements, except where a Tier 1 public notice is required or where the department determines that a Tier 1 notice is required instead per subdivision A 1 l of this section;

b. Violations of the monitoring and testing procedure requirements, where the department determines that a Tier 2 rather than a Tier 3 public notice is required instead, taking into account potential health impacts and persistence of the violation;

c. Failure to comply with the terms and conditions of any variance or exemption in place; or

d. Failure to take corrective action or failure to maintain at least 4-log treatment of viruses (using inactivation, removal, or an approved combination of 4-log virus inactivation and removal) before or at the first customer under the treatment technique requirements for waterworks with groundwater sources.

3. Tier 3.

a. Monitoring violations, except where a Tier 1 public notice is required per subdivisions A 1 d and A 1 g of this section, or where the department determines that a Tier 2 public notice is required instead per subdivision A 2 b of this section;

b. Failure to comply with a testing procedure, except where a Tier 1 notice is required per subdivision A 1 b of this section or where the department determines that a Tier 2 notice is required instead per subdivision A 2 b of this section;

c. Operation under a variance or an exemption to a PMCL or treatment technique requirement;

d. Availability of UC monitoring results; or

e. Exceedance of the fluoride SMCL.

4. The department may require public notice for violations or other situations not listed in this section or may require a higher tier of public notice for specific violations and situations listed in this section.

a. The content and extent of distribution of these public notices shall be determined by the department.

b. The owner shall provide the public notice certification required in subsection N of this section.

c. At least 90 days before initiating or discontinuing a program to provide the optimum fluoride ion concentration, a waterworks owner shall deliver written notice to the waterworks' consumers. Notice to consumers shall be consistent with 12VAC5-590-540 C 2 d.

B. If a waterworks has a violation, failure, exceedance, or situation in a portion of the distribution system that is physically or hydraulically isolated from other parts of the distribution system, the department may allow the owner to limit distribution of the public notice to only those persons served by the portion of the waterworks that is out of compliance. The decision granting limited distribution of the public notice shall be issued in writing.

C. Public notice distribution requirements.

1. For Tier 1 violations, exceedances, or situations, the owner shall:

a. Provide a public notice as soon as practical but no later than 24 hours after the owner learns of the violation, exceedance, or situation;

b. Initiate consultation with the department as soon as practical, but no later than 24 hours after the owner learns of the violation, exceedance, or situation, to determine additional public notice requirements;

c. Comply with any additional public notice requirements, including any repeat notices or direction on the duration of the posted notices that are established as a result of the consultation with the department. These requirements may include the timing, form, manner, frequency, and content of repeat notices (if any) and other actions designed to reach all persons served; and

d. Provide the public notice in a form and manner reasonably calculated to reach all persons served. The form and manner shall fit the specific situation, and shall be designed to reach residential, transient, and nontransient users of the waterworks. To reach all persons served, owners shall use, at a minimum, one or more of the following forms of delivery:

(1) Appropriate broadcast media (such as radio and television);

(2) Posting of the public notice in conspicuous locations throughout the area served by the waterworks;

(3) Hand delivery of the public notice to persons served by the waterworks; or

(4) Another delivery method approved in writing by the department.

2. For Tier 2 violations, exceedances, or situations, the owner shall:

a. Provide the public notice as soon as practical, but no later than 30 days after the owner learns of the violation, exceedance, or situation. The department may allow, on a case-by-case determination, additional time for the initial notice of up to three months from the date the owner learns of the violation, exceedance, or situation; however, the department shall not grant an extension to the 30-day deadline for any unresolved violation, exceedance, or situation.

b. Repeat the public notice every three months as long as the violation, exceedance, or situation persists, unless the department determines that appropriate circumstances warrant a different repeat notice frequency. In no circumstance shall the repeat notice be given less frequently than once per year. Repeat notice frequency less than every three months shall not be allowed for (i) a violation as specified in 12VAC5-590-380 B and 12VAC5-590-392 F; (ii) a treatment technique violation for filtration and disinfection; and (iii) other ongoing violations, exceedances, or situations.

c. Consult with the department as soon as practical but no later than 24 hours after the owner learns of a violation of the treatment technique requirements for filtration and disinfection resulting from a single exceedance of the maximum allowable turbidity limit to determine whether a Tier 1 public notice is required to protect public health. If consultation does not take place within the 24-hour period, then the owner shall distribute a Tier 1 public notice of the violation within the next 24 hours (i.e., no later than 48 hours after the owner learns of the violation).

d. Provide the initial public notice and any repeat notices in a form and manner that is reasonably calculated to reach persons served in the required time period.

(1) For a community waterworks, the owner shall:

(a) Mail or otherwise directly deliver the public notice to each customer receiving a bill and to other service connections to which water is delivered by the waterworks; and

(b) Use any other distribution method reasonably calculated to reach other persons regularly served by the waterworks, if they would not normally be reached by the notice required in subdivision C 2 d (1) (a) of this section. These persons may include those who do not pay water bills or do not have service connection addresses (e.g., house renters, apartment dwellers, university students, nursing home patients, prison inmates, etc.). Other methods may include (i) publication in a local newspaper; (ii) delivery of multiple copies for distribution by customers that provide their drinking water to others (e.g., apartment building owners or large private employers); (iii) posting in public places served by the waterworks or on the Internet; or (iv) delivery to community organizations.

(2) For a noncommunity waterworks, the owner shall:

(a) Post the public notice in conspicuous locations throughout the distribution system frequented by persons served by the waterworks, or by mail or direct delivery to each customer and service connection (where known); and

(b) Use any other method reasonably calculated to reach other persons served by the system if they would not normally be reached by the notice required in subdivision C 2 d (2) (a) of this section. These persons may include those served who may not see a posted notice because the posted notice is not in a location they routinely pass by. Other methods may include (i) publication in a local newspaper or newsletter distributed to customers; (ii) use of email to notify employees or students; or (iii) delivery of multiple copies in central locations (e.g., community centers).

e. Maintain a posted public notice in place for as long as the violation, exceedance, or situation persists, but in no case for less than seven days, even if the violation, exceedance, or situation is resolved.

3. For Tier 3 violations, exceedances, or situations the owner shall:

a. Provide the public notice not later than one year after the owner learns of the violation, exceedance, or situation or begins operating under a variance or exemption.

b. Repeat the public notice annually for as long as the violation, exceedance, variance, exemption, or other situation persists.

c. Maintain a posted public notice in place for as long as the violation, exceedance, variance, exemption, or other situation persists, but in no case less than seven days even if the violation, exceedance, or situation is resolved.

d. Instead of individual Tier 3 public notices, the owner may use an annual report detailing all violations, exceedances, and situations that occurred during the previous 12 months, as long as the timing requirements of subdivision C 3 a of this section are met. For a community waterworks, the CCR may be used as a vehicle for the initial Tier 3 public notice and all required repeat notices, provided that:

(1) The CCR is provided to persons served by the waterworks no later than 12 months after the owner learns of the violation, exceedance, or other situation.

(2) The Tier 3 public notice contained in the CCR meets the content requirements in subsection D of this section.

(3) The CCR is distributed in a manner meeting the delivery requirements in subdivision C 3 e (1) of this section.

e. For a community waterworks, the owner shall:

(1) Mail or otherwise directly deliver the public notice to each customer receiving a bill and to other service connections to which water is delivered by the waterworks; and

(2) Use any other method reasonably calculated to reach other persons regularly served by the waterworks if they would not normally be reached by the notice required in subdivision C 3 e (1) of this section. These persons may include those who do not pay water bills or do not have service connection addresses (e.g., house renters, apartment dwellers, university students, nursing home patients, prison inmates, etc.). Other methods may include (i) publication in a local newspaper, (ii) delivery of multiple copies for distribution by customers that provide their drinking water to others (e.g., apartment building owners or large private employers), (iii) posting in public places or on the Internet, or (iv) delivery to community organizations.

f. For a noncommunity waterworks the owner shall:

(1) Post the public notice in conspicuous locations throughout the distribution system frequented by persons served by the waterworks, or by mail or direct delivery to each customer and service connection (where known); and

(2) Use any other method reasonably calculated to reach other persons served by the waterworks, if they would not normally be reached by the notice required in subdivision C 3 f (1) of this section. These persons may include those who may not see a posted notice because the notice is not in a location they routinely pass by. Other methods may include (i) publication in a local newspaper or newsletter distributed to customers, (ii) use of email to notify employees or students, or (iii) delivery of multiple copies in central locations (e.g., community centers).

D. Public notice contents.

1. Each public notice for PMCL, MRDL, and TT violations and other situations requiring a public notice shall include the following elements:

a. A description of the violation, exceedance, or situation, including the contaminants of concern, and (as applicable) the contaminant levels;

b. When the violation, exceedance, or situation occurred;

c. Any potential adverse health effects from the violation, exceedance, or situation, including the standard language under subdivision 5 a or 5 b of this subsection, whichever is applicable;

d. The population at risk, including subpopulations particularly vulnerable if exposed to the contaminant in their drinking water;

e. Whether alternative water supplies should be used;

f. What actions consumers should take, including when they should seek medical help, if known;

g. What the owner is doing to correct the violation, exceedance, or situation;

h. When the owner expects the waterworks to return to compliance or resolve the situation;

i. The name, business address, and phone number of the owner, operator, or designee as a source of additional information concerning the notice; and

j. A statement to encourage the notice recipient to distribute the public notice to other persons served, using the standard language under subdivision 5 c of this subsection, where applicable.

2. Each public notice for a waterworks that has been granted a variance or exemption shall include the following elements:

a. An explanation of the reasons for the variance or exemption;

b. The date on which the variance or exemption was issued;

c. A brief status report on the steps the owner is taking to install treatment, find alternative sources of source water, or otherwise comply with the terms and schedules of the variance or exemption; and

d. A notice of any opportunity for public input in the evaluation of the variance or exemption.

3. Each public notice for a waterworks that violates the conditions of a variance or an exemption shall contain the 10 elements listed in subdivision D 1 of this section.

4. Each public notice shall:

a. Be displayed in a conspicuous way when printed or posted;

b. Not contain overly technical language or very small print;

c. Not be formatted in a way that defeats the purpose of the notice;

d. Not contain language that nullifies the purpose of the notice; and

e. Contain information in the appropriate languages, for waterworks serving a large proportion of non-English-speaking consumers, regarding the importance of the notice or contain a telephone number or address where persons served may contact the owner to obtain a translated copy of the notice or to request assistance in the appropriate language.

5. The public notice shall include the following standard language:

a. For PMCL or MRDL violations, treatment technique violations, and violations of the condition of a variance or an exemption, use standard health effects language as specified in 12VAC5-590-546 corresponding to each PMCL, MRDL, and treatment technique violation and for each violation of a condition of a variance or an exemption. For violation of the treatment technique requirement, the public notice shall also include one or both of the following statements, as appropriate:

(1) "We failed to conduct the required assessment."

(2) "We failed to correct all sanitary defects that were identified during the assessment."

b. For monitoring and testing procedure violations including failure to monitor for total coliform bacteria or E. coli before serving water from a seasonal waterworks, use standard language as specified below, including the language necessary to fill in the blanks:

"We are required to monitor your drinking water for specific contaminants on a regular basis. Results of regular monitoring are an indicator of whether or not your drinking water meets health standards. During (compliance period), we (did not monitor or test or did not complete all monitoring or testing) for (contaminants) and therefore cannot be sure of the quality of your drinking water during that time."

c. For all public notices, use standard language (where applicable), as specified in this subdivision c:

"Please share this information with all the other people who drink this water, especially those who may not have received this notice directly (e.g., people in apartments, nursing homes, schools, and businesses). You can do this by posting this notice in a public place or distributing copies by hand or mail."

d. For total coliform bacteria treatment technique violations the public notice shall include the following statement: "We found coliforms indicating the need to look for potential problems in our waterworks. When this occurs, we are required to conduct assessments to identify problems and correct any problems that are found." The public notice shall also include the following statements, as appropriate:

(1) "We failed to conduct the required assessment."

(2) "We failed to correct all sanitary defects that were identified during the assessment."

e. For E. coli treatment technique violations the public notice shall include the following statement: "We violated the standard for E. coli, indicating the need to look for potential problems in our waterworks. When this occurs, we are required to conduct a detailed assessment to identify problems and to correct any problems that are found." The public notice shall also include the following statements, as appropriate:

(1) "We failed to conduct the required assessment."

(2) "We failed to correct all sanitary defects that were identified during the assessment."

E. Public notice to new billing units or customers.

1. For a community waterworks, the owner shall give a copy of the most recent public notice for any continuing violation, exceedance, variance, exemption, or other ongoing situation requiring a public notice to all new billing units or new customers before or at the time service begins.

2. For a noncommunity waterworks, the owner shall continuously post the public notice in conspicuous locations to inform new consumers of any continuing violation, exceedance, variance, exemption, or other situation requiring a public notice for as long as the violation, exceedance, variance, exemption, or other situation persists.

F. Special notice of the availability of UC monitoring results.

1. The owner of a community waterworks or a NTNC shall notify persons served by the waterworks of the availability of the results of the sampling no later than 12 months after the monitoring results are known.

2. The special notice shall meet the requirements of a Tier 3 public notice and shall identify a person and telephone number to contact for information on the monitoring results.

G. Special notice for exceedance of the SMCL for fluoride.

1. A community waterworks that exceeds the SMCL of 2 mg/L but does not exceed the PMCL of 4 mg/L for fluoride shall provide public notice to persons served as soon as practical but no later than 12 months from the day the owner learns of the exceedance.

2. A copy of the notice shall be sent to all new billing units and new customers at the time service begins and to the department.

3. The owner shall repeat the notice at least annually for as long as the SMCL is exceeded.

4. If the public notice is posted, then the notice shall remain in place for as long as the SMCL is exceeded, but in no case less than seven days even if the exceedance is eliminated.

5. On a case-by-case basis, the department may require an initial notice sooner than 12 months and repeat notices more frequently than annually.

6. The form and manner of the public notice (including repeat notices) shall meet the requirements of a Tier 3 public notice.

7. The public notice shall contain the following language, including the language necessary to fill in the blanks:

"This is an alert about your drinking water and a cosmetic dental problem that might affect children under nine years of age. At low levels, fluoride can help prevent cavities, but children drinking water containing more than 2 milligrams per liter (mg/L) of fluoride may develop cosmetic discoloration of their permanent teeth (dental fluorosis). The drinking water provided by your community waterworks (name) has a fluoride concentration of (insert value) mg/L. Dental fluorosis, in its moderate or severe forms, may result in a brown staining and/or pitting of the permanent teeth. This problem occurs only in developing teeth, before they erupt from the gums. Children under nine should be provided with alternative sources of drinking water or water that has been treated to remove the excess fluoride to avoid the possibility of staining and pitting of their permanent teeth. You may also want to contact your dentist about proper use by young children of fluoride-containing products by young children. Older children and adults may safely drink the water. Drinking water containing more than 4 mg/L of fluoride (the U.S. Environmental Protection Agency's drinking water standard) can increase your risk of developing bone disease. Your drinking water does not contain more than 4 mg/L of fluoride, but we are required to notify you when we discover that the fluoride levels in your drinking water exceed 2 mg/L because of this cosmetic dental problem. For more information, please call (name of water system contact) of (name of community waterworks) at (phone number). Some home water treatment units are also available to remove fluoride from drinking water. To learn more about available home water treatment units, you may call NSF International at 1-877-867-3435 or email info@nsf.org."

H. Special notice for nitrate exceedances above PMCL by a noncommunity waterworks.

1. The owner of a noncommunity waterworks granted permission by the department to exceed the nitrate PMCL shall provide public notice to persons served meeting the requirements of a Tier 1 notice.

2. The public notice shall be posted continuously and shall indicate the fact that nitrate levels exceed 10 mg/L and the potential health effects of exposure, meeting the requirements of Tier 1 public notice delivery and content.

I. Special notice for repeated failure to conduct sampling of the source water for Cryptosporidium.

1. The owner who is required to sample source water shall provide public notice to persons served when the owner has failed to collect any three months of required samples. The form and manner of the public notice shall satisfy the requirements of a Tier 2 notice, and the notice shall be repeated in accordance with the requirements of a Tier 2 notice.

2. The notice shall contain the following language, including the language to fill in the blanks:

"We are required to monitor the source of your drinking water for Cryptosporidium. Results of the monitoring are to be used to determine whether water treatment at the (blank – fill in treatment plant name) is sufficient to adequately remove Cryptosporidium from your drinking water. We are required to complete this monitoring and make this determination by (blank – fill in required bin determination date) We "did not monitor" or "did not complete all monitoring or testing" on schedule and, therefore, we may not be able to determine by the required date what treatment modifications, if any, shall be made to ensure adequate Cryptosporidium removal. Missing this deadline may, in turn, jeopardize our ability to have the required treatment modifications, if any, completed by the deadline required, (blank – fill in date).

For more information, please call (blank – fill in name of waterworks contact) of (blank – fill in name of waterworks) at (blank – fill in phone number)."

3. The notice shall contain a description of what the owner is doing to correct the violation and when the owner expects the waterworks to return to compliance or resolve the situation.

J. Special notice for failure to determine bin classification or mean Cryptosporidium level.

1. The owner that is required to determine a bin classification or to determine mean Cryptosporidium level shall provide public notice to persons served when the determination has not been made as required. The form and manner of the public notice shall satisfy the requirements of a Tier 2 notice, and the notice shall be repeated in accordance with the requirements of a Tier 2 notice. However, a public notice is not required if the owner is complying with a schedule to address the violation approved by the department.

2. The notice shall contain the following language, including the language to fill in the blanks:

"We are required to monitor the source of your drinking water for Cryptosporidium in order to determine by [blank – fill in date] whether water treatment at the (blank – fill in treatment plant name) is sufficient to adequately remove Cryptosporidium from you drinking water. We have not made this determination by the required date. Our failure to do this may jeopardize our ability to have the required treatment modifications, if any, completed by the required deadline of (blank – fill in date). For more information, please call (blank – fill in name of waterworks contact) of (blank – fill in name of waterworks) at (blank – fill in telephone number)."

3. The notice shall contain a description of what the owner is doing to correct the violation and when the owner expects the waterworks to return to compliance or resolve the situation.

K. Special notice for significant deficiencies by a noncommunity groundwater system.

1. An owner of a noncommunity groundwater system that has not corrected a significant deficiency within one year of being notified by the department shall provide public notice to the consumers.

2. The form and manner of the public notice shall satisfy the requirements of a Tier 2 notice.

3. The owner shall continue to notify the public annually until the requirements of 12VAC5-590-421 have been satisfied. The notice shall include:

a. The nature of the significant deficiency and the date it was identified by the department; and

b. The department approved plan and schedule for correcting the significant deficiency including interim measures, progress to date, and which of the interim measures have been completed.

4. For a noncommunity groundwater system with a large proportion of non-English-speaking consumers, the notice shall contain information in the appropriate languages regarding the importance of the notice or contain a telephone number or address where the consumers may contact the owner to obtain a translated copy of the notice or assistance with the appropriate language.

5. If directed by the department, the owner of a noncommunity groundwater system with significant deficiencies that have been corrected shall inform the consumers of the significant deficiencies, how the deficiencies were corrected, and the date of correction.

L. The department may give notice to the public required by this section on behalf of the owner as long as the notice complies with the requirements of this section. However, the owner remains legally responsible for ensuring that the requirements of this section are met.

M. The department may require an owner to provide public notice for significant changes in water quality.

N. Within 10 days of completion of each initial and repeat public notice, the owner shall provide the department with the following:

1. A certification that the owner has fully complied with the public notice requirements; and

2. A representative copy of each type of notice that was distributed, published, posted, and made available to the persons served by the waterworks and to the media.

O. The owner shall maintain copies of each public notice and certification for at least three years after issuance.

Statutory Authority

§§ 32.1-12 and 32.1-170 of the Code of Virginia.

Historical Notes

Derived from VR355-18-005.10 § 2.21, eff. August 1, 1991; amended, Virginia Register Volume 9, Issue 17, eff. June 23, 1993; Volume 12, Issue 2, eff. November 15, 1995; Volume 18, Issue 19, eff. July 3, 2002; Volume 19, Issue 24, eff. September 10, 2003; Volume 21, Issue 13, eff. April 6, 2005; Volume 22, Issue 15, eff. May 3, 2006; Volume 25, Issue 5, eff. December 10, 2008; Volume 28, Issue 5, eff. December 7, 2011; Volume 33, Issue 3, eff. November 2, 2016; Volume 37, Issue 20, eff. June 23, 2021.

12VAC5-590-545. Consumer confidence reports.

A. Purpose and applicability.

1. The owner of a community waterworks shall deliver to the owner's customers an annual report that contains information on the quality of the water delivered by the waterworks and characterizes the risks, if any, from exposure to contaminants detected in the drinking water.

2. For the purpose of this section, customers are defined as billing units or service connections to which water is delivered by a community waterworks.

3. For the purpose of this section, a contaminant is detected when the laboratory reports the contaminant level as a measured level and not as "non-detect," "not detected," "ND," or less than a certain level. These express that an analyte in a test sample cannot be reliably detected with the test equipment or laboratory instrumentation and the method used.

B. Effective dates.

1. The owner of an existing community waterworks shall deliver the report by July 1 annually.

2. The owner of a new community waterworks shall deliver the first report by July 1 of the year after its first full calendar year in operation and annually thereafter.

3. The owner of a community waterworks that sells water to a consecutive waterworks shall deliver the applicable information necessary to comply with the requirements contained in this section to the consecutive waterworks by April 1 annually, or on a date mutually agreed upon by the seller and the purchaser and specifically included in a contract between the parties.

C. Content.

1. The owner of a community waterworks shall provide the owner's customers an annual report that contains the information on the source of the water delivered as follows:

a. The report shall identify the source of the water delivered by the community waterworks by providing information on:

(1) The type of the source water (e.g., surface water, ground water); and

(2) The commonly used name, if any, and location of the body of the source water.

b. Where a source water assessment has been completed, the report shall:

(1) Notify consumers of the availability of the assessment;

(2) Describe the means to obtain the assessment; and

(3) Include a brief summary of the waterworks' susceptibility to potential sources of contamination.

c. The owner is encouraged to highlight in the report significant sources of contamination in the source water area if the information is readily available.

2. For the purpose of compliance with this section, the report shall include the following definitions:

a. "Maximum contaminant level goal" or "MCLG" means the level of a contaminant in drinking water below which there is no known or expected risk to health. MCLGs allow for a margin of safety.

b. "Maximum contaminant level" or "MCL" means the highest level of a contaminant that is allowed in drinking water. MCLs are set as close to the MCLGs as feasible using the best available treatment technology.

c. The report for a community waterworks operating under a variance or an exemption issued by the commissioner under 12VAC5-590-140 and 12VAC5-590-150 shall include the following definition: "Variances and exemptions" means state or EPA permission not to meet an MCL or a treatment technique under certain conditions.

d. The report that contains data on contaminants that EPA regulates using any of the following terms shall include the applicable definitions:

(1) "Treatment technique" means a required process intended to reduce the level of a contaminant in drinking water.

(2) "Action level" means the concentration of a contaminant that, if exceeded, triggers treatment or other requirements that an owner shall follow.

(3) "Maximum residual disinfectant level goal" or "MRDLG" means the level of a drinking water disinfectant below which there is no known or expected risk to health. MRDLGs do not reflect the benefits of the use of disinfectants to control microbial contaminants.

(4) "Maximum residual disinfectant level" or "MRDL" means the highest level of a disinfectant allowed in drinking water. There is convincing evidence that addition of a disinfectant is necessary for the control of microbial contaminants.

(5) "Level 1 assessment" means a study of the waterworks to identify potential problems and determine, if possible, why total coliform bacteria have been found in waterworks.

(6) "Level 2 assessment" means a very detailed study of the waterworks to identify potential problems and determine, if possible, why an E. coli PMCL violation has occurred and why total coliform bacteria have been found in waterworks on multiple occasions.

3. Information on detected contaminants.

a. This section specifies the requirements for information to be included in the report for contaminants subject to a PMCL, AL, MRDL, or treatment technique as specified in 12VAC5-590-340.

b. The data relating to these contaminants shall be displayed in one table or in several adjacent tables. Any additional monitoring results that an owner of a community waterworks chooses to include in the report shall be displayed separately.

c. The data shall be derived from data collected to comply with EPA and state monitoring and analytical requirements during the calendar year preceding the year the report is due, except that where an owner is allowed to monitor for contaminants specified in subdivision C 3 a of this section less often than once a year, the table shall include the date and results of the most recent sampling, and the report shall include a brief statement indicating that the data presented in the report are from the most recent testing done in accordance with this chapter. No data older than five years need be included.

d. For detected contaminants subject to a PMCL, AL, MRDL, or treatment technique as listed in Tables 340.1 through 340.7, the tables shall contain:

(1) The PMCL for that contaminant expressed as a number equal to or greater than 1.0 as provided in 12VAC5-590-546;

(2) The MCLG for that contaminant expressed in the same units as the PMCL as provided in 12VAC5-590-546;

(3) If there is no PMCL for a detected contaminant, then the tables shall indicate that there is a treatment technique, or specify the AL, applicable to that contaminant, and the report shall include the definitions for treatment technique, AL, or both, as appropriate, specified in subdivision C 3 d of this section;

(4) For contaminants subject to a PMCL, except turbidity and E. coli, the highest contaminant level used to determine compliance and the range of detected levels is as follows:

(a) When compliance with the PMCL is determined annually or less frequently, the highest detected level at any sampling point and the range of detected levels expressed in the same units as the PMCL.

(b) When compliance with the PMCL is determined by calculating an RAA of all samples collected at a sampling point, the highest average of any of the sampling points and the range of all sampling points expressed in the same units as the PMCL. For the PMCLs for TTHM and HAA5, the owner shall include the highest LRAA and the range of individual sample results for all sampling points expressed in the same units as the PMCL. If more than one location exceeds the TTHM or HAA5 PMCL, then the owner shall include the LRAAs for all locations that exceed the PMCL.

(c) When compliance with the PMCL is determined on a system-wide basis by calculating an RAA of all samples at all sampling points, the average and range of detection expressed in the same units as the PMCL. The range of detection for TTHM and HAA5 shall include the individual sample results for the purpose of establishing the monitoring locations for EPA's "Stage 2 Disinfectants and Disinfection Byproducts Rule" initial distribution system evaluation.

(5) For turbidity, the highest single measurement and the lowest monthly percentage of combined filter samples meeting the turbidity limits specified in 12VAC5-590-395 A 2 b for the filtration technology being used. The report should include an explanation of the reasons for measuring turbidity;

(6) For lead and copper, the 90th percentile value of the most recent round of sampling and the number of sampling sites exceeding the AL;

(7) For E. coli, the total number of positive samples; and

(8) The likely source or sources of the detected contaminants. Specific information regarding contaminants may be available in sanitary surveys and source water assessments, and should be used when available to the owner. If the owner lacks specific information on the likely source, then the report shall include one or more of the typical sources for that contaminant listed in 12VAC5-590-546 that are most applicable to the system.

e. If the owner of a community waterworks distributes water to the owner's customers from multiple hydraulically independent distribution systems that are fed by different source waters, then:

(1) The table shall contain a separate column for each service area and the report shall identify each separate distribution system; or

(2) The owner shall produce a separate report tailored to include data for each service area.

f. The table shall clearly identify any data indicating violations of PMCLs, MRDLs, or treatment techniques and the report shall contain a clear and readily understandable explanation of the violation including:

(1) The length of the violation;

(2) The potential adverse health effects using the relevant language of 12VAC5-590-546; and

(3) Actions taken by the owner to address the violation.

4. Information on Cryptosporidium, radon, and other contaminants:

a. If the owner has performed any monitoring for Cryptosporidium, which indicates that Cryptosporidium may be present in the source water or the finished water, then the report shall include:

(1) A summary of the results of the monitoring; and

(2) An explanation of the significance of the results.

b. If the owner has performed any monitoring for radon, which indicates that radon may be present in the finished water, then the report shall include:

(1) The results of the monitoring; and

(2) An explanation of the significance of the results.

c. If the owner has performed additional monitoring that indicates the presence of other contaminants in the finished water, then the report should include any results that may indicate a health concern, as determined by the commissioner or department. Detections above a proposed MCL or health advisory level may indicate possible health concerns. For these contaminants, the report should include:

(1) The results of the monitoring; and

(2) An explanation of the significance of the results noting the existence of a health advisory or a proposed regulation.

5. Compliance with other regulations. In addition to the requirements of subdivision C 3 f of this section, the report shall note any violation that occurred during the year covered by the report of a requirement listed in this subdivision 5:

a. Monitoring and reporting of compliance data;

b. Filtration and disinfection prescribed by 12VAC5-590-395. For an owner who has failed to install adequate filtration or disinfection equipment or processes or has had a failure of such equipment or processes that constitutes a violation, the report shall include the following language as part of the explanation of potential adverse health effects: "Inadequately treated water may contain disease-causing organisms. These organisms include bacteria, viruses, and parasites, which can cause symptoms such as nausea, cramps, diarrhea, and associated headaches";

c. Lead and copper control requirements prescribed by 12VAC5-590-375. For that fails to take one or more of the prescribed actions, the report shall include the applicable language of 12VAC5-590-546 for lead, copper, or both;

d. Treatment techniques for acrylamide and epichlorohydrin prescribed by 12VAC5-590-395 B. For an owner who violates the requirements of that section, the report shall include the relevant language from 12VAC5-590-546;

e. Recordkeeping of compliance data;

f. Special monitoring requirements for sodium; and

g. Violation of the terms of a variance, an exemption, or an administrative or judicial order.

6. Variances and exemptions. If a waterworks is operating under the terms of a variance or an exemption issued by the commissioner under 12VAC5-590-140 and 12VAC5-590-150, then the report shall contain:

a. An explanation of the reasons for the variance or exemption;

b. The date on which the variance or exemption was issued;

c. A brief status report on the steps the owner is taking to install treatment, find alternative sources of source water, or otherwise comply with the terms and schedules of the variance or exemption; and

d. A notice of any opportunity for public input in the evaluation or renewal of the variance or exemption.

7. Additional information.

a. The report shall contain a brief explanation regarding contaminants, which may reasonably be expected to be found in drinking water including bottled water. This explanation shall include the exact language of subdivisions 7 a (1), 7 a (2), and 7 a (3) of this subsection or the owner shall use comparable language following approval by the department. The report also shall include the exact language of subdivision 7 a (4) of this subsection.

(1) The sources of drinking water (both tap water and bottled water) include rivers, lakes or reservoirs, streams, ponds, reservoirs, springs, and wells. As water travels over the surface of the land or through the ground, it dissolves naturally occurring minerals and, in some cases, radioactive material, and can pick up substances resulting from the presence of animals or from human activity.

(2) Contaminants that may be present in source water include: (i) microbial contaminants, such as viruses and bacteria, which may come from sewage treatment plants, septic systems, agricultural livestock operations, and wildlife; (ii) inorganic contaminants, such as salts and metals, which can be naturally occurring or result from urban stormwater runoff, industrial or domestic wastewater discharges, oil and gas production, mining, or farming; (iii) pesticides and herbicides, which may come from a variety of sources such as agriculture, urban stormwater runoff, and residential uses; (iv) organic chemical contaminants, including SOCs and VOCs, which are byproducts of industrial processes and petroleum production, and can also come from gas stations, urban stormwater runoff, and septic systems; and (v) radioactive contaminants, which can be naturally occurring or be the result of oil and gas production and mining activities.

(3) To ensure that tap water is safe to drink, EPA prescribes regulations that limit the amount of certain contaminants in the water provided by waterworks. The U.S. Food and Drug Administration (FDA) regulations establish limits for contaminants in bottled water which must provide the same protection for public health.

(4) Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that water poses a health risk. More information about contaminants and potential health effects can be obtained by calling EPA's Safe Drinking Water Hotline (800-426-4791).

b. The report shall include the telephone number of the owner, operator, or designee of the community waterworks as a source of additional information concerning the report.

c. In communities with a large proportion of non-English-speaking residents, as determined by the department, the report shall contain information in the appropriate languages regarding the importance of the report or contain a telephone number or address where the residents may contact the waterworks to obtain a translated copy of the report or assistance in the appropriate language.

d. The report shall include the following information about opportunities for public participation in decisions that may affect the quality of the drinking water. The owner should consider including the following additional relevant information:

(1) The time and place of regularly scheduled board meetings of the governing body that has authority over the waterworks; and

(2) If regularly scheduled board meetings are not held, then the name and telephone number of a waterworks representative who has operational or managerial authority over the waterworks.

e. The owner may include additional information as deemed necessary for public education consistent with, and not detracting from, the purpose of the report.

f. For a community groundwater system:

(1) Where there is a significant deficiency that is uncorrected at the time of the report or an E. coli-positive source water sample that is not invalidated in accordance with 12VAC5-590-380 at the time of the report, the owner shall report the following:

(a) The nature of the significant deficiency or the source water, if known, of the E. coli contamination;

(b) The date the significant deficiency was identified by the department or the date or dates of the E. coli-positive source water samples;

(c) Whether the E. coli contamination has been addressed in accordance with 12VAC5-590-421 and the date of the action;

(d) The department-approved plan and schedule, including interim measures, progress to date, and which interim measures have been completed for correcting the significant deficiency or E. coli contamination; and

(e) The potential health effects language in 12VAC5-590-546 for an E. coli-positive source water sample that is not invalidated in accordance with 12VAC5-590-380.

(2) If directed by the department, where there are significant deficiencies that have been corrected at the time of the report, then the owner shall report the significant deficiencies, how the deficiencies were corrected, and the date or dates of correction.

D. Additional health information.

1. All reports shall prominently display the following language: Some people may be more vulnerable to contaminants in drinking water than the general population. Immuno-compromised persons such as persons with cancer who are undergoing chemotherapy, persons who have undergone organ transplants, people with HIV/AIDS or other immune system disorders, some elderly, and infants can be particularly at risk from infections. These people should seek advice about drinking water from their health care providers. EPA and Centers for Disease Control and Prevention guidelines on appropriate means to lessen the risk of infection by Cryptosporidium and other microbial contaminants are available from the Safe Drinking Water Hotline (800-426-4791).

2. The owner that detects arsenic at levels above 0.005 mg/L, but equal to or below the PMCL of 0.010 mg/L, shall include in the report the following informational statement about arsenic: "While your drinking water meets EPA's standard for arsenic, it does contain low levels of arsenic. EPA's standard balances the current understanding of arsenic's possible health effects against the cost of removing arsenic from drinking water. EPA continues to research the health effects of low levels of arsenic, which is a mineral known to cause cancer in humans at high concentrations and is linked to other health effects such as skin damage and circulatory problems."

Instead of the statement required in this subdivision, the owner may include the owner's educational statement after receiving approval from the department.

3. The owner that detects nitrate at levels above 5 mg/L, but below the PMCL, shall include in the report the following informational statement about the impacts of nitrate on children: "Nitrate in drinking water at levels above 10 ppm is a health risk for infants of less than six months of age. High nitrate levels in drinking water can cause blue baby syndrome. Nitrate levels may rise quickly for short periods of time because of rainfall or agricultural activity. If you are caring for an infant, then you should ask advice from your health care provider."

Instead of the statement required in this subdivision, the owner may include the owner's own educational statement after receiving approval from the department.

4. All reports shall prominently display the following language: "If present, elevated levels of lead can cause serious health problems, especially for pregnant women and young children. Lead in drinking water is primarily from materials and components associated with service lines and home plumbing. (Name of Utility) is responsible for providing high quality drinking water, but cannot control the variety of materials used in plumbing components. When your water has been sitting for several hours, you can minimize the potential for lead exposure by flushing your tap for 30 seconds to two minutes before using water for drinking or cooking. If you are concerned about lead in your water, then you may wish to have your water tested. Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available from the Safe Drinking Water Hotline (800-426-4791)."

Instead of the statement required in this subdivision, the owner may include the owner's educational statement after receiving approval from the department.

E. The owner of a community waterworks required to complete a Level 1 or a Level 2 assessment that is not due to an E. coli PMCL violation shall include in the report the text specified in subdivisions E 1, E 2, and E 3 of this section as appropriate, filling in the blanks accordingly, and shall include in the report the text specified in subdivision E 4 of this section, if appropriate.

1. "Coliforms are bacteria that are naturally present in the environment and are used as an indicator that other, potentially harmful, waterborne pathogens may be present or that a potential pathway exists through which contamination may enter the drinking water distribution system. We found coliforms indicating the need to look for potential problems in water treatment or distribution. When this occurs, we are required to conduct assessments to identify problems and to correct any problems that are found."

2. "During the past year, we were required to conduct (insert the number of Level 1 assessments) Level 1 assessments. (insert the number of Level 1 assessments) Level 1 assessments were completed. In addition, we were required to take t (insert the number of corrective actions) corrective actions and we completed (insert the number of corrective actions) of these actions."

3. "During the past year (insert the number of Level 2 assessments) Level 2 assessments were required to be completed for our waterworks. (insert the number of Level 2 assessments) Level 2 assessments were completed. In addition, we were required to take (insert the number of corrective actions) corrective actions and we completed (insert the number of corrective actions) of these actions."

4. An owner that failed to complete all of the required assessments or correct all identified sanitary defects shall also include one or both of the following statements, as appropriate:

a. "During the past year, we failed to conduct all of the required assessments."

b. "During the past year, we failed to correct all identified sanitary defects that were found during the assessments."

F. The owner of a community waterworks required to conduct Level 2 assessments due to an E. coli PMCL violation shall include in the report the text specified in subdivisions F 1 and F 2 of this section, filling in the blanks accordingly, and shall include in the report the text specified in subdivision F 3 of this section, if appropriate.

1. "E. coli are bacteria whose presence indicates that the water may be contaminated with human or animal wastes. Human pathogens in these wastes can cause short-term effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a greater health risk for infants, young children, the elderly, and people with severely compromised immune systems. We found E. coli, indicating the need to look for potential problems in water treatment or distribution. When this occurs, we are required to conduct assessments to identify problems and to correct any problems that are found."

2. "We were required to complete a Level 2 assessment because we found E. coli in our waterworks. In addition, we were required to take (insert number of corrective actions) corrective actions and we completed (insert number of corrective actions) of these actions."

3. Any owner that has failed to complete the required assessment or correct all identified sanitary defects shall also include one or both of the following statements, as appropriate:

a. "We failed to conduct the required assessment."

b. "We failed to correct all sanitary defects that were identified during the assessment that we conducted."

4. If E. coli is detected in a waterworks and the E. coli PMCL is violated, in addition to completing the table as specified in subdivision C 3 d of this section, the owner shall include one or more of the following statements to describe any noncompliance, as applicable:

a. "We had an E. coli-positive repeat sample following a total coliform-positive routine sample."

b. "We had a total coliform-positive repeat sample following an E. coli-positive routine sample."

c. "We failed to collect all the required repeat samples following an E. coli-positive routine sample."

d. "We failed to test for E. coli when any repeat sample tested positive for total coliform."

5. If E. coli is detected in a waterworks and the E. coli PMCL is not violated, in addition to completing the table as specified in subdivision C 3 d of this section, the owner may include a statement that explains that although E. coli was detected, the owner is not in violation of the E. coli PMCL.

G. Report delivery and recordkeeping.

1. The owner of a community waterworks shall mail or otherwise directly deliver one copy of the report to each customer, except as follows:

a. The owner serving fewer than 10,000 persons shall have the option to either mail (or otherwise directly deliver) a copy of the report to each customer or publish the report in a local newspaper or newspapers of general circulation serving the area in which the waterworks is located by July 1 of each year; and

b. If the owner chooses to publish the report, then the owner shall inform customers, either in the newspaper in which the report is to be published or by other means approved by the department, that a copy of the report will not be mailed to them and that a copy of the report will be made available to the public upon request.

2. The owner of a community waterworks shall make a good faith effort to deliver the report to the consumers who are served by the waterworks but are not bill-paying customers, such as renters or workers. This good faith effort shall include at least one, and preferably two or more, of the following methods appropriate to the particular waterworks:

a. Posting the reports on the Internet;

b. Mailing to postal patrons in metropolitan areas;

c. Advertising the availability of the report in the news media;

d. Publishing in a local newspaper;

e. Posting in public places such as libraries, community centers, and public buildings;

f. Delivering multiple copies for distribution by single-biller customers such as apartment buildings or large private employers;

g. Delivering to community organizations; or

h. Other methods as approved by the department.

3. No later than July 1 of each year, the owner of a community waterworks shall deliver a copy of the report to the department, followed within three months by a certification that the report has been distributed to customers and that the information in the report is correct and consistent with the compliance monitoring data previously submitted to the department.

4. No later than July 1 of each year, the owner of a community waterworks shall deliver the report to any other agency or clearinghouse specified by the department.

5. The owner of a community waterworks shall make the report available to the public upon request.

6. The owner of a community waterworks serving 100,000 or more persons shall post the current year's report to a publicly accessible site on the Internet.

7. The owner of a community waterworks shall retain copies of the report for no less than three years.

Statutory Authority

§§ 32.1-12 and 32.1-170 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 16, Issue 21, eff. August 3, 2000; amended, Virginia Register Volume 22, Issue 24, eff. September 6, 2006; Volume 25, Issue 5, eff. December 10, 2008; Volume 27, Issue 1, eff. October 13, 2010; Volume 28, Issue 5, eff. December 7, 2011; Volume 28, Issue 11, eff. March 1, 2012; Volume 33, Issue 3, eff. November 2, 2016; Volume 37, Issue 20, eff. June 23, 2021; Errata, 37:22 VA.R. 3448 June 21, 2021.

12VAC5-590-546. Regulated contaminants for the consumer confidence reports and public notification.

A. Public notices and CCRs shall contain the appropriate mandatory language and information listed, as required by 12VAC5-590-540 and 12VAC5-590-545.

B. Information on regulated contaminants is presented in Table 546.1.

Statutory Authority

§§ 32.1-12 and 32.1-70 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 37, Issue 20, eff. June 23, 2021.

12VAC5-590-550. Recordkeeping.

A. The owner shall maintain all of the waterworks records in accordance with the Records Retention and Disposition Schedule of the Library of Virginia, General Schedule No. 7 for public utility records of county and municipal governments.

B. The owner shall retain at the waterworks or at a convenient location near the waterworks the following records for not less than the time periods specified:

1. Microbiological analyses and turbidity analyses, including records of any repeat samples collected and meeting the criteria for an extension of the 24-hour period for collecting repeat samples as required under 12VAC5-590-380 -- Five years.

2. Chemical Analyses -- 10 years.

3. The following information shall be provided for subdivisions B 1 and B 2 of this section:

a. Date, place, and time of sampling as well as the name of the person who collected the sample;

b. Identification of sample (e.g., routine, repeat, confirmation sample, source water, other);

c. Date of analysis;

d. Laboratory or person responsible for performing analysis;

e. Analytical method or technique used; and

f. Results of the analysis.

4. Individual filter monitoring required under 12VAC5-590-531 A 2 b -- Three years.

5. Results of disinfection profile including raw data and analysis -- Indefinitely.

6. Disinfection benchmarking including raw data and analysis -- Indefinitely.

7. Original records of all sampling data and analyses, reports, surveys, letters, evaluations, schedules, department determinations, and any other information required by 12VAC5-590-405 A 1 and 12VAC5-590-405 A 2, 12VAC5-590-405 B, 12VAC5-590-405 C, and 12VAC5-590-405 D pertaining to lead and copper -- 12 years.

8. Results from the initial round of source water monitoring under 12VAC5-590-401 B 1 and the second round of source water monitoring under 12VAC5-590-401 B 2 until three years after bin classification under 12VAC5-590-401 D 1 for the particular round of monitoring.

9. Any notification to the department that source water monitoring will not be conducted due to meeting the criteria of 12VAC5-590-401 B 4 -- Three years.

10. Results of treatment monitoring associated with microbial toolbox options under 12VAC5-590-401 E 3 through 12VAC5-590-401 E 7 and with uncovered finished water reservoirs under 12VAC5-590-415, as applicable, -- Three years.

11. Action taken to correct violations of this chapter-- Three years after last action with respect to violation involved.

12. The owner shall retain completed assessment forms for all Level 1 and Level 2 assessments conducted in accordance with 12VAC5-590-392 C, regardless of who conducts the assessment, and documentation of corrective actions completed as a result of those assessments, or other available summary documentation of the sanitary defects and correction actions taken under 12VAC5-590-392 D for a period not less than five years after completion of the assessment or corrective action, whichever is later.

13. Copies of reports, summaries, or communications relating to any sanitary surveys performed -- 10 years following inspection.

14. Variance or exemptions granted (and records related thereto) -- Five years following expiration of the variance or exemption.

15. Cross-connection control program records -- 10 years.

16. The owner of a waterworks that recycles flow, as stipulated in 12VAC5-590-395 C, shall collect and retain on file the recycle flow information for review and evaluation by the department. This information shall be retained for a minimum of 10 years. Information shall include, as a minimum:

a. Copy of the recycle notification submitted to the department.

b. List of all recycle flows and the frequency with which they are returned.

c. Average and maximum backwash flow rate through the filters and the average and maximum duration of the filter backwash process, in minutes.

d. Typical filter run length and a written summary of how the filter run length is determined.

e. The type of treatment provided for the recycle flow.

f. Data on the physical dimensions of the equalization or treatment units, typical and maximum hydraulic loading rates, type of treatment chemicals used, average dose, frequency of use, and frequency at which solids are removed, if applicable.

17. Copies of monitoring plans developed pursuant to this chapter shall be kept for the same period of time as the records of analyses taken under the plan are required to be kept under subsection A or B of this section, except as specified elsewhere in this chapter.

18. The owner shall retain the following additional records:

a. Plant operational records -- five years after the end of the calendar year;

b. Current organizational or staffing chart;

c. Record (As-built) engineering plans and specifications of facilities -- Retain for the life of the facility;

d. Equipment manuals for items in use -- Retain for the life of the equipment or facility;

e. Shop drawings of major equipment in use -- Retain for the life of the equipment;

f. Current list or chart of required laboratory tests with test frequencies and sampling locations;

g. Current preventive maintenance schedule;

h. Records of repair or replacement of equipment in use --
Retain for the life of the equipment;

i. Updated map of water distribution system; and

j. All accident reports -- Three years.

C. The owner of a waterworks with groundwater sources shall maintain the following records:

1. Corrective actions – --10 years.

2. Public notification as required by 12VAC5-590-540 -- Three years.

3. Invalidation of groundwater source samples -- Five years.

4. For consecutive waterworks, notification to the wholesale waterworks of coliform-positive samples -- Five years.

5. For a waterworks required to conduct compliance monitoring:

a. Department-specified minimum residual disinfectant --10 years.

b. Lowest daily residual disinfectant concentration -- Five years.

c. Dates and duration of any failure to maintain the department-specified minimum residual disinfectant concentration for a period of more than four hours -- Five years.

d. Department-specified compliance parameters for alternative treatment and records of the date and duration of any failure to meet the alternative treatment operating requirements for more than four hours -- Five years.

Statutory Authority

§§ 32.1-12 and 32.1-170 of the Code of Virginia.

Historical Notes

Derived from VR355-18-005.11 § 2.22, eff. August 1, 1991; amended, Virginia Register Volume 9, Issue 17, eff. June 23, 1993; Volume 12, Issue 2, eff. November 15, 1995; Volume 18, Issue 19, eff. July 3, 2002; Volume 19, Issue 20, eff. July 16, 2003; Volume 21, Issue 13, eff. April 6, 2005; Volume 25, Issue 5, eff. December 10, 2008; Volume 28, Issue 5, eff. December 7, 2011; Volume 33, Issue 3, eff. November 2, 2016; Volume 37, Issue 20, eff. June 23, 2021.

12VAC5-590-560. Safety.

The owner of a waterworks shall institute a safety program to inform personnel of the known hazards, preventive measures, and emergency procedures pertaining to the operation of the waterworks in accordance with VOSH laws and regulations.

Statutory Authority

§§ 32.1-12 and 32.1-170 of the Code of Virginia.

Historical Notes

Derived from VR355-18-005.12 § 2.23, eff. August 1, 1991; amended, Virginia Register Volume 9, Issue 17, eff. June 23, 1993; Volume 37, Issue 20, eff. June 23, 2021.

12VAC5-590-565. Source water protection.

A. A waterworks owned by a county, city, or town may exercise the authority pursuant to § 15.2-2109 of the Code of Virginia to protect the waterworks from pollution or injury.

B. The owner of a waterworks with a drinking water reservoir may establish a buffer around the intake to limit such uses as body contact recreation and boats powered by engines, pursuant to a plan acceptable to the department.

C. The owner of a waterworks should develop a source water protection plan for all the sources and report ongoing or completed protection initiatives to the department.

Statutory Authority

§§ 32.1-12 and 32.1-170 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 37, Issue 20, eff. June 23, 2021.

12VAC5-590-570. Operational reporting requirements.

A. Monthly operational reports.

1. A classified waterworks is required to report monthly information to the department no later than the 10th of the month following the month during which the monitoring period occurred.

2. A classified waterworks using conventional filtration shall report using the monthly operating report (MOR) form approved by the department. All other classified waterworks shall report the required information specified in Tables 570.1 through 570.14, based on the treatment processes employed. Monitoring data shall be collected for each day the operating staff attend to the operation of the facilities.

3. To determine if a waterworks using UV reactor systems is operating within validated conditions designed in accordance with 12VAC5-590-1005, the following parameters shall be monitored and reported: (i) on/off status for each reactor; (ii) flow rate through reactor train; (iii) UV intensity as measured by a UV sensor; (iv) lamp status; (v) lamp age; and (vi) UV transmittance. The operational set points shall be reported if set point control is used. The calculated UV dose shall be reported if other than a set point control is used.

4. An unclassified waterworks is required to report quarterly the following information specified in Table 570.1, where applicable, to the department no later than the 10th of the month following the calendar quarter during which the monitoring period occurred.

5. An unclassified waterworks that is using any of the treatment processes described in Tables 570.2 through 570.14 is required to report no later than the 10th of the month following the calendar month during which the monitoring occurred. The report shall contain the required information specified in Tables 570.1 through 570.14 based on the treatment processes employed. The monitoring data shall be collected at a minimum frequency as established by the department.

6. The department may vary the reporting requirements on a case-by-case basis.

B. The owner shall report the following incidents within 24 hours to the department:

1. Water pressure below the 20 psi minimum required in the distribution system, including zero or negative pressure. Examples of these events include treatment plant or pump station shutdowns due to equipment failure, power outages, emptying of storage tanks, and draining of the distribution system during fire flow events.

2. Flooding of clearwells.

3. Flooding of groundwater wells.

4. Any other situation that occurs with the waterworks that presents or may present an imminent and substantial threat to public health.

Statutory Authority

§§ 32.1-12 and 32.1-170 of the Code of Virginia.

Historical Notes

Derived from VR355-18-005.13 § 2.24, eff. August 1, 1991; amended, Virginia Register Volume 9, Issue 17, eff. June 23, 1993; Volume 37, Issue 20, eff. June 23, 2021; Errata, 37:22 VA.R. 3448 June 21, 2021.