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Title 18 . Environmental Conservation
Chapter 80 . Administrative Enforcement
Section 315. Inorganic chemical sampling requirements

18 AAC 80.315. Inorganic chemical sampling requirements

(a) The owner or operator of a Class A public water system shall conduct monitoring to determine compliance with the MCLs for the inorganic chemicals specified in 18 AAC 80.300(b) (1) as required in this section. The owner or operator of a Class B public water system shall conduct monitoring to determine compliance with the MCLs for nitrate and nitrite specified in 18 AAC 80.300(b) (1) as required in this section. For the purposes of this section, a GWUDISW source is considered a surface water source. Monitoring must be conducted as follows:

(1) the owner or operator of a groundwater system shall take a minimum of one sample at each entry point to the distribution system that is representative of each groundwater source or water treatment works; each of these points is a sampling point; samples must be collected after treatment; the owner or operator shall take each subsequent sample at the same sampling point unless conditions make another sampling point more representative of each groundwater source or water treatment works;

(2) the owner or operator of a surface water system or a combination-source system shall take a minimum of one sample at each entry point to the distribution system after each application of treatment or at points in the distribution system that are representative of each surface water source or water treatment works; each of these points is a sampling point; samples must be collected after treatment; the owner or operator shall take each subsequent sample at the same sampling point unless conditions make another sampling point more representative of each surface water source or water treatment works; the owner or operator shall monitor any groundwater source in a combination-source system according to (1) of this subsection;

(3) if a system draws water from more than one source and the sources are combined before distribution, the owner or operator shall sample after treatment at an entry point to the distribution system during periods of typical operating conditions when the water is representative of all sources being used; and

(4) if the detection limit of the method used for analysis is less than one-fifth of the MCL, the department will allow composite samples; in addition,

(A) if the concentration in a composite sample is greater than or equal to one-fifth of the MCL set out in 18 AAC 80.300(b) (1) for an inorganic chemical, then, within 14 days after being notified of the analytical results of the composite sample, the owner or operator of the system shall take a follow-up sample at each sampling point included in the composite; the follow-up sample must be analyzed for the contaminants detected in the composite sample;

(B) if the system serves more than 3,300 individuals, the department will allow compositing only at sampling points within a single system; for systems serving 3,300 or fewer individuals, the department will allow compositing among different systems if the five-sample limit is maintained; and

(C) if duplicates of the original sample taken from each sampling point used in the composite are available and have not exceeded the allowable sample holding time for the specific inorganic chemicals in the sample, as set out in 40 C.F.R. 141.23(k)(2), adopted by reference in 18 AAC 80.010(a) , the owner or operator may use the duplicates instead of resampling; the duplicates must be analyzed, and the results reported to the department within 14 days after completing the analysis of the composite sample subject to the report certification requirements of 18 AAC 80.1900.

(b) For a Class A public water system, the owner or operator shall monitor for asbestos to determine compliance with the MCL in 18 AAC 80.300(b) (1) as follows:

(1) the owner or operator shall monitor for asbestos once during the first compliance period of each compliance cycle;

(2) if the owner or operator believes that the public water system is not vulnerable to asbestos contamination, the owner or operator may apply to the department for a waiver of the monitoring requirement in (1) of this subsection on forms provided by the department, using the procedures in the department's Synthetic Organic Chemicals (SOCs) and Other Organic Chemicals (OOCs) Monitoring Waiver Application , adopted by reference in 18 AAC 80.010(b) ;

(3) the department will grant a waiver under this subsection, if the department determines that a waiver serves the interest of public health and that the potential for asbestos contamination of the public water system is low, based on the following:

(A) potential asbestos contamination of the water source;

(B) the corrosivity of the treated water;

(C) the extent to which asbestos-cement pipe is used for finished water distribution;

(4) a waiver granted under (3) of this subsection remains in effect during the remainder of the compliance period;

(5) the owner or operator of a system that is vulnerable to asbestos contamination due solely to source water shall monitor as required by (a) of this section and (1) of this subsection;

(6) the owner or operator of a system that is vulnerable to asbestos contamination due to corrosion of asbestos-cement pipe, or contamination due both to the system's source water supply and to corrosion of asbestos-cement pipe, shall take one sample at a tap served by asbestos-cement pipe and under conditions where asbestos contamination is most likely to occur;

(7) the owner or operator of a system that exceeds the asbestos MCL as determined in 18 AAC 80.305(b) shall monitor quarterly beginning in the next quarter after the violation occurred;

(8) if the department finds that a system that is required to monitor quarterly under (7) of this subsection is reliably and consistently below the asbestos MCL as determined in 18 AAC 80.305, the department will decrease the quarterly monitoring requirement to the frequency specified in (1) of this subsection; the department will not make this determination unless the owner or operator of a

(A) groundwater system takes a minimum of two quarterly samples within the distribution system for each groundwater source that exceeded the MCL;

(B) surface water system takes a minimum of four quarterly samples within the distribution system for each surface water source that exceeded the MCL; and

(C) combination-source system takes a minimum of four quarterly samples within the distribution system for each surface water source and two quarterly samples for each groundwater source that exceeded the MCL;

(9) if monitoring data are generally consistent with the requirements of this subsection, the department will allow the owner or operator to use that data to comply with the monitoring requirement for the initial compliance period.

(c) For a Class A public water system, the owner or operator shall monitor for antimony, arsenic, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium, and thallium to determine compliance with the MCLs in 18 AAC 80.300(b) (1) as follows:

(1) the owner or operator of a

(A) groundwater system shall take one sample at each sampling point once during each compliance period; or

(B) surface water system or a combination-source system shall take one sample annually at each sampling point for each surface water source, and one sample at each sampling point once during each compliance period for each groundwater source;

(2) the department will grant a waiver from the monitoring frequencies specified in (1) of this subsection and allow reduced monitoring if the owner or operator of a system

(i) using a surface water source has monitored each source annually for at least three years with at least one sample taken after January 1, 1990;

(ii) using a groundwater source has monitored each groundwater source a minimum of three compliance periods, with at least one sample taken after January 1, 1990; and

(iii) demonstrates that each previous analytical result was below the MCL;

(3) in determining a reduced monitoring frequency under (2) of this subsection, the department will consider

(A) reported concentrations from previous monitoring;

(B) the degree of variation in reported concentrations; and

(C) other factors that might affect contaminant concentrations, including

(i) changes in groundwater pumping rates;

(ii) changes in the system's configuration;

(iii) changes in the system's operating procedures;

(iv) changes in stream flow or hydrologic characteristics; and

(v) industrial uses of chemicals such as cyanide;

(4) The department will make its decision regarding a waiver under (2) of this subsection in writing and will state the basis for that decision; if the owner or operator seeks a waiver, the owner or operator must submit an application that states the basis for the request; the department will review and where appropriate, revise its determination of the reduced monitoring frequency when the system submits new monitoring data or when other data relevant to the system's appropriate monitoring frequency become available;

(5) while a waiver granted under this subsection is in effect, the owner or operator shall take a minimum of one sample; the term during which a waiver is in effect may not exceed one compliance cycle;

(6) the owner or operator of a system that exceeds an inorganic chemical MCL as determined in 18 AAC 80.305(b) shall monitor quarterly, beginning in the next quarter after the violation occurred, for each contaminant that exceeded the MCL;

(7) the department will decrease the quarterly monitoring requirements in (6) of this subsection to the frequencies specified in (1) of this subsection if

(A) the department finds that the system is reliably and consistently below the MCL;

(B) the owner or operator of a groundwater system has taken at least two quarterly samples from each groundwater source that exceeded the MCL;

(C) the owner or operator of a surface water system has taken at least four quarterly samples from each surface water source that exceeded the MCL; and

(D) the owner or operator of a combination-source system has taken at least four quarterly samples from each surface water source and two quarterly samples from each groundwater source that exceeded the MCL.

(d) The owner or operator of a Class A or Class B public water system shall monitor for nitrate to determine compliance with the MCL in 18 AAC 80.300(b) (1) as follows:

(1) the owner or operator of a Class A public water system shall monitor

(A) groundwater sources annually; and

(B) surface water sources quarterly;

(2) for a Class A public water system, the repeat monitoring frequency for groundwater sources is quarterly for at least one year following any one sample in which the concentration is 50 percent or more of the MCL; the department will allow the owner or operator of a groundwater system to reduce the sampling frequency to annually after four consecutive quarterly samples are reliably and consistently less than 50 percent of the MCL;

(3) for a Class A public water system, the department will allow the owner or operator to sample a surface water source annually if all analytical results from four consecutive quarters are less than 50 percent of the MCL; the owner or operator shall return to quarterly monitoring if any one sample is 50 percent or more of the MCL;

(4) after the initial round of quarterly sampling is completed, the owner or operator of a Class A public water system that is monitoring annually shall take subsequent samples during the calendar quarter that previously resulted in the highest analytical result;

(5) the owner or operator of a Class B public water system shall monitor annually; and

(6) if monitoring data are generally consistent with the requirements of this subsection, the department will allow the owner or operator of a public water system to use that data to comply with the monitoring requirement for the initial compliance period.

(e) The owner or operator of a Class A or Class B public water system shall monitor for nitrite to determine compliance with the MCL in 18 AAC 80.300(b) (1) as follows:

(1) the owner or operator shall take one sample at each sampling point;

(2) after the initial monitoring under (1) of this subsection, for a system with an analytical result for nitrite less than 50 percent of the MCL, additional monitoring is not required; if the owner or operator has a reported nitrate result that is more than 50 percent of the MCL, the owner or operator shall take a repeat nitrite sample, within 31 days after notification of the nitrate result, at each sampling point where a nitrate result was more than 50 percent of the MCL;

(3) for a Class A or Class B public water system, the repeat monitoring frequency is quarterly for at least one year after any one sample with a concentration of 50 percent or more of the MCL; after determining that the system is reliably and consistently below the MCL, the department will allow the owner or operator to reduce the sampling frequency to annual sampling;

(4) an owner or operator who monitors annually shall take each annual sample during the calendar quarter that previously resulted in the highest analytical result; and

(5) if monitoring data are generally consistent with the requirements of this subsection, the department will allow the owner or operator to use that data to comply with the monitoring requirement for the initial compliance period.

(f) The owner or operator of a public water system that adds fluoride shall monitor and sample for fluoride at the entry point of the distribution system each day that water is served to the public. However, if the public water system is a fill-and-draw system, the owner or operator shall monitor and sample each day that fluoride is added to the water when making water. The owner or operator shall report the results of sampling done under this subsection monthly to the department.

(g) The owner or operator of a Class A or Class B public water system shall take confirmation samples as follows to determine compliance with the MCLs for inorganic chemicals listed in 18 AAC 80.300(b) (1):

(1) if the results of sampling for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium, or thallium exceed the MCL, the owner or operator of a Class A public water system shall collect one confirmation sample at the same sampling point as soon as possible after the first sample was reported, but in no case later than 14 days after the owner or operator is notified of the analytic results of the first sample;

(2) if nitrate or nitrite sampling results exceed the MCL, the owner or operator of a Class A or Class B public water system shall take a confirmation sample within 24 hours after being notified of the analytical results of the first sample; if the owner or operator is unable to comply with the 24-hour sampling requirement, the owner or operator shall

(A) immediately notify the consumers served by the system as required by 40 C.F.R. 141.201 - 141.210 and Appendices A, B, and C to 40 C.F.R. 141, Subpart Q, adopted by reference in 18 AAC 80.010; and

(B) take and analyze a confirmation sample within 14 days after the owner or operator is notified of the analytical results of the first sample;

(3) if a department-required confirmation sample is taken for any inorganic contaminant, the results of the initial and confirmation sample must be averaged and the average must be used to determine compliance under 18 AAC 80.305(b) ; the department will delete results of obvious sampling errors.

(h) The department will, if it determines that increased monitoring serves the interests of public health, require more frequent monitoring than that specified in (b) - (f) of this section or require confirmation samples for positive or negative results.

(i) An owner or operator of a Class A or Class B public water system may apply for the department to use the analytical results from more frequent routine monitoring than the minimum monitoring frequencies specified in this section to determine compliance under 18 AAC 80.305(b) .

History: Eff. 10/1/99, Register 151; am 5/2/2004, Register 170; am 1/11/2006, Register 177

Authority: AS 46.03.020

AS 46.03.050

AS 46.03.070

AS 46.03.710

AS 46.03.720


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The Alaska Administrative Code was automatically converted to HTML from a plain text format. Every effort has been made to ensure its accuracy, but neither Touch N' Go Systems nor the Law Offices of James B. Gottstein can be held responsible for any possible errors. This version of the Alaska Administrative Code is current through June, 2006.

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Last modified 7/05/2006