Section 611.1054  Routine Monitoring Requirements for Non-CWSs That Serve 1,000 or Fewer People Using Only Groundwater

a)         General

1)         This Section applies to non-CWS suppliers that use only groundwater (except groundwater under the direct influence of surface water, as defined in Section 611.102) and which serve 1,000 or fewer people.

2)         Following any total coliform-positive sample taken under this Section, a supplier must comply with the repeat monitoring requirements and E. coli analytical requirements in Section 611.1058.

3)         Once all monitoring required by this Section and Section 611.1058 for a calendar month has been completed, a supplier must determine whether any coliform treatment technique triggers specified in Section 611.1059 have been exceeded.  If any trigger has been exceeded, the supplier must complete assessments as required by Section 611.1059.

4)         For the purpose of determining eligibility for remaining on or qualifying for quarterly monitoring under the provisions of subsections (f)(4) and (g)(2), respectively, for transient non-CWS suppliers, the Agency may elect to not count monitoring violations under Section 611.1060(c)(1) if the missed sample is collected no later than the end of the monitoring period following the monitoring period in which the sample was missed.  The supplier must collect the make-up sample in a different week than the routine sample for that monitoring period and should collect the sample as soon as possible during the monitoring period.  The Agency may not use this provision under subsection (h).  This authority does not affect the provisions of Sections 611.1060(c)(1) and 611.1061(a)(4).

b)         Monitoring Frequency for Total Coliforms.  A supplier must monitor each calendar quarter that the supplier provides water to the public, except for a seasonal system supplier or as provided under subsections (c) through (h) and (j). A seasonal system supplier must meet the monitoring requirements of subsection (i).

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

d)         Annual Site Visits.  A supplier on annual monitoring, including a seasonal system supplier, must have an initial and recurring annual site visit by the Agency that is equivalent to a Level 2 assessment or an annual voluntary Level 2 assessment that meets the criteria in Section 611.1059(b) to remain on annual monitoring.  The periodic required sanitary survey may be used to meet the requirement for an annual site visit for the year in which the sanitary survey was completed.

e)         Criteria for Annual Monitoring.  The Agency may, by a SEP, reduce the monitoring frequency for a well-operated GWS supplier from quarterly routine monitoring to no less than annual monitoring, if the supplier demonstrates that it meets the criteria for reduced monitoring in subsections (e)(1) through (e)(3), except for a supplier that has been on increased monitoring under the provisions of subsection (f).  A supplier on increased monitoring under subsection (f) must meet the provisions of subsection (g) to go to quarterly monitoring and must meet the provisions of subsection (h) to go to annual monitoring.

1)         The supplier's system has a clean compliance history for a minimum of 12 months;

2)         The most recent sanitary survey shows that the supplier's system is free of sanitary defects or has corrected all identified sanitary defects, has a protected water source, and meets Agency-approved construction standards; and

3)         The Agency has conducted an annual site visit within the last 12 months, and the supplier has corrected all identified sanitary defects.  The supplier may substitute a Level 2 assessment that meets the criteria in Section 611.1059(b) for the Agency annual site visit.

f)         Increased Monitoring Requirements for Suppliers on Quarterly or Annual Monitoring.  A supplier on quarterly or annual monitoring that experiences any of the events identified in subsections (f)(1) through (f)(4) must begin monthly monitoring the month following the event.  A supplier on annual monitoring that experiences the event identified in subsections (f)(5) must begin quarterly monitoring the quarter following the event.  The supplier must continue monthly or quarterly monitoring until the requirements in subsection (g) for quarterly monitoring or subsection (h) for annual monitoring are met.  A supplier on monthly monitoring for reasons other than those identified in subsections (f)(1) through (f)(4) is not considered to be on increased monitoring for the purposes of subsections (g) and (h).

1)         The supplier's system triggers a Level 2 assessment or two Level 1 assessments under the provisions of Section 611.1059 in a rolling 12-month period.

2)         The supplier's system has an E. coli MCL violation.

3)         The supplier's system has a coliform treatment technique violation.

4)         The supplier's system has two Subpart AA monitoring violations or one Subpart AA monitoring violation and one Level 1 assessment under the provisions of Section 611.1059 in a rolling 12-month period for a system on quarterly monitoring.

5)         The supplier's system has one Subpart AA monitoring violation for a system on annual monitoring.

g)         Requirements for Returning to Quarterly Monitoring.  The Agency may, by a SEP, reduce the monitoring frequency for a supplier on monthly monitoring triggered under subsection (f) to quarterly monitoring if the supplier's system meets the criteria in subsections (g)(1) and (g)(2).

1)         Within the last 12 months, the supplier must have a completed sanitary survey or a site visit of its system by the Agency or a voluntary Level 2 assessment of its system by a party approved by the Agency, the supplier's system must be free of sanitary defects, and the supplier's system must have a protected water source; and

2)         The supplier's system must have a clean compliance history for a minimum of 12 months.

h)         Requirements for a Supplier on Increased Monitoring to Qualify for Annual Monitoring.  The Agency may, by a SEP, reduce the monitoring frequency for a supplier on increased monitoring under subsection (f) if the supplier's system meets the criteria in subsection (g) and the criteria in subsections (h)(1) and (h)(2).

1)         An annual site visit by the Agency and correction of all identified sanitary defects.  The supplier may substitute a voluntary Level 2 assessment by a party approved by the Agency for the Agency annual site visit in any given year.

2)         The supplier must have in place or adopt one or more of the following additional enhancements to the water system barriers to contamination:

A)        Cross connection control, as approved by the Agency.

B)        An operator certified by an appropriate Agency certification program or regular visits by a circuit rider certified by an appropriate Agency certification program.

C)        Continuous disinfection entering the distribution system and a residual in the distribution system in accordance with criteria specified by the Agency.

D)        Demonstration of maintenance of at least a four-log removal or inactivation of viruses as provided for under Section 141.403(b)(3).

E)        Other equivalent enhancements to water system barriers as approved by the State.

i)          Seasonal Systems

1)         All seasonal system suppliers must demonstrate completion of an Agency-approved start-up procedure, which may include a requirement for startup sampling prior to serving water to the public.

2)         A seasonal system supplier must monitor every month that it is in operation unless it meets the criteria in subsections (i)(2)(i) through (iii) to be eligible for monitoring less frequently than monthly, except as provided under subsection (c).

A)        Seasonal a system supplier monitoring less frequently than monthly must have an approved sample siting plan that designates the time period for monitoring based on site-specific considerations (e.g., during periods of highest demand or highest vulnerability to contamination).  A seasonal system supplier must collect compliance samples during this time period.

B)        To be eligible for quarterly monitoring, the supplier must meet the criteria in subsection (g).

C)        To be eligible for annual monitoring, the supplier must meet the criteria under subsection (h).

3)         The Agency may, by a SEP, exempt any seasonal system supplier from some or all of the requirements for seasonal system suppliers if the entire distribution system remains pressurized during the entire period that the supplier's system is not operating, except that a supplier that monitors less frequently than monthly must still monitor during the vulnerable period designated by the Agency.

j)          Additional Routine Monitoring the Month Following a Total Coliform-Positive Sample.  A supplier that collects samples on a quarterly or annual frequency must conduct additional routine monitoring the month following one or more total coliform-positive samples (with or without a Level 1 treatment technique trigger).  The supplier must collect at least three routine samples during the next month, except that the Agency may, by a SEP, waive this requirement if the conditions of subsection (j)(1), (j)(2), or (j)(3) are met.  The supplier may either collect samples at regular time intervals throughout the month or may collect all required routine samples on a single day if samples are taken from different sites.  The supplier must use the results of additional routine samples in coliform treatment technique trigger calculations under Section 611.1059(a).

1)         The Agency may, by a SEP, waive the requirement to collect three routine samples the next month in which the supplier provides water to the public if the Agency, or an agent approved by the Agency, performs a site visit before the end of the next month in which the supplier's system provides water to the public.  Although a sanitary survey need not be performed, the site visit must be sufficiently detailed to allow the Agency to determine whether additional monitoring or any corrective action is needed.  The Agency cannot approve an employee of the supplier to perform this site visit, even if the employee is an agent approved by the Agency to perform sanitary surveys.

2)         The Agency may, by a SEP, waive the requirement to collect three routine samples the next month in which the supplier provides water to the public if the Agency has determined why the sample was total coliform-positive and has established that the supplier has corrected the problem or will correct the problem before the end of the next month in which the supplier's system serves water to the public.  In this case, the Agency must document this decision to waive the following month's additional monitoring requirement in writing, have it approved and signed by the supervisor of the Agency official who recommends such a decision, and make this document available to USEPA and public.  The written documentation must describe the specific cause of the total coliform-positive sample and what action the supplier has taken or will take to correct this problem.

3)         The Agency may not waive the requirement to collect three additional routine samples the next month in which the supplier's system provides water to the public solely on the grounds that all repeat samples are total coliform-negative.  If the Agency determines that the supplier has corrected the contamination problem before the supplier takes the set of repeat samples required in Section 611.1058, and all repeat samples were total coliform-negative, the Agency may, by a SEP, waive the requirement for additional routine monitoring the next month.

BOARD NOTE:  Derived from 40 CFR 141.854.

(Source:  Amended at 44 Ill. Reg. 6996, effective April 17, 2020)