Section 11-20-11 - Inorganic chemical sampling and analytical requirements(a) Community water systems shall conduct monitoring to determine compliance with the MCLs specified in section 11-20-3 in accordance with this section. Non-transient, non-community water systems shall conduct monitoring to determine compliance with the MCLs specified in section 11-20-3 in accordance with this section. Transient, non-community water systems shall conduct monitoring to determine compliance with the nitrate and nitrite MCLs in section 11-20-3 in accordance with this section. Monitoring shall be conducted as follows: (1) Ground water systems shall take a minimum of one sample at every entry point to the distribution system which is representative of each well after treatment (hereafter called a sampling point) beginning in the initial compliance period. The system shall take each sample at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant.(2) Surface water systems shall take a minimum of one sample at every entry point to the distribution system after any application of treatment or in the distribution system at a point which is representative of each source after treatment (hereafter called a sampling point) beginning in the initial compliance period. The system shall take each sample at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant. Note: For purposes of this paragraph, surface water systems include systems with a combination of surface and ground sources.(3) If a system draws water from more than one source and the sources are combined before distribution, the system must sample at an entry point to the distribution system during periods of normal operating conditions (i.e., when water is representative of all sources being used). (4) The director may reduce the total number of samples which must be analyzed by allowing the use of compositing. Composite samples from a maximum of five samples are allowed, provided that the detection limit of the method used for analysis is less than one-fifth of the MCL. Compositing of samples must be done in the laboratory.(A) If the concentration in the composite sample is greater than or equal to one-fifth of the MCL of any inorganic chemical, then a follow-up sample must be taken within fourteen days at each sampling point included in the composite. These samples must be analyzed for the contaminants which exceeded one-fifth of the MCL in the composite sample. Detection limits for each analytical method and MCLs for each inorganic contaminant are specified in 40 C.F.R. § 141.23(a)(4)(i). (B) If the population served by the system is greater than 3,300 persons, then compositing may only be permitted by the director at sampling points within a single system. In systems serving less than or equal to 3,300 persons, the director may permit compositing among different systems provided the five-sample limit is maintained.(C) If duplicates of the original sample taken from each sampling point used in the composite are available, the system may use these instead of resampling. The duplicates must be analyzed and the results reported to the State within fourteen days of collection.(5) The frequency of monitoring for asbestos shall be in accordance with subsection (b); the frequency of monitoring for antimony, arsenic, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium, and thallium shall be in accordance with subsection (c); the frequency of monitoring for nitrate shall be in accordance with subsection (d); and the frequency of monitoring for nitrite shall be in accordance with subsection (e).(b) The frequency of monitoring conducted to determine compliance with the MCL for asbestos specified in section 11-20-3(b) shall be conducted as follows:(1) Each community and non-transient, non-community water system is required to monitor for asbestos during the first three-year compliance period of each nine-year compliance cycle beginning in the compliance period starting January 1, 1993.(2) If the system believes it is not vulnerable to either asbestos contamination in its source water or due to corrosion of asbestos-cement pipe, or both, it may apply to the director for a waiver of the monitoring requirement in paragraph (1). If the director grants the waiver, the system is not required to monitor.(3) The director may grant a waiver based on a consideration of the following factors:(A) Potential asbestos contamination of the water source; and(B) The use of asbestos-cement pipe for finished water distribution and the corrosive nature of the water.(4) A waiver remains in effect until the completion of the three-year compliance period. Systems not receiving a waiver must monitor in accordance with the paragraph (1).(5) A system vulnerable to asbestos contamination due solely 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. (6) A system vulnerable to asbestos contamination due solely to source water shall monitor in accordance with the provision of subsection (a).(7) A system vulnerable to asbestos contamination due both to its source water supply and 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.(8) A system which exceeds the MCLs as determined in subsection (i) shall monitor quarterly beginning in the next quarter after the violation occurred.(9) The director may decrease the quarterly monitoring requirement to the frequency specified in paragraph (1) provided the director has determined that the system is reliably and consistently below the MCL. In no case shall the director make this determination unless a ground water system takes a minimum of two quarterly samples and a surface (or combined surface and ground) water system takes a minimum of four quarterly samples.(10) If monitoring data collected after January 1, 1990 are generally consistent with the requirements of this subsection, then the director may allow systems to use that data to satisfy the monitoring requirement for the initial compliance period beginning January 1, 1993.(c) The frequency of monitoring conducted to determine compliance with the MCLs in section 11-20-3 for antimony, arsenic, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium, and thallium shall be as follows: (1) Ground water systems shall take one sample at each sampling point during each compliance period. Surface water systems (or combined surface and ground) shall take one sample annually at each sampling point. (2) The system may apply to the director for a waiver from the monitoring frequencies specified in paragraph (1). States may grant a public water system a waiver for monitoring of cyanide, provided that the director determines that the system is not vulnerable due to lack of any industrial source of cyanide.(3) A condition of the waiver shall require that a system shall take a minimum of one sample while the waiver is effective. The term during which the waiver is effective shall not exceed one compliance cycle (i.e., nine years).(4) The director may grant a waiver provided surface water systems have monitored annually for at least three years and ground water systems have conducted a minimum of three rounds of monitoring. (At least one sample shall have been taken since January 1, 1990). Both surface and ground water systems shall demonstrate that all previous analytical results were less than the MCL. Systems that use a new water source are not eligible for a waiver until three rounds of monitoring from the new source have been completed.(5) In determining the appropriate reduced monitoring frequency, the director shall consider: (A) Reported concentrations from all previous monitoring;(B) The degree of variation in reported concentrations; and(C) Other factors which may affect contaminant concentrations such as changes in ground water pumping rates, changes in the system's configuration, changes in the system's operating procedures, or changes in stream flows or characteristics. (6) A decision by the director to grant a waiver shall be made in writing and shall set forth the basis for the determination. The determination may be initiated by the director or upon an application by the public water system. The public water system shall specify the basis for its request. The director shall review and, where appropriate, revise its determination of the appropriate monitoring frequency when the system submits new monitoring data or when other data relevant to the system's appropriate monitoring frequency become available.(7) Systems which exceed the MCLs as calculated in subsection (i) shall monitor quarterly beginning in the next quarter after the violation occurred.(8) The director may decrease the quarterly monitoring requirement to the frequencies specified in paragraphs (1) and (2) provided the director has determined that the system is reliably and consistently below the MCL. In no case shall the director make this determination unless a ground water system takes a minimum of two quarterly samples and a surface water system takes a minimum of four quarterly samples.(9) All new systems or systems that use a new source of water that begin operation after January 22, 2004 must demonstrate compliance with the MCL within a period of time specified by the director. The system must also comply with the initial sampling frequencies specified by the director to ensure that a system can demonstrate compliance with the MCL. Routine and increased monitoring frequencies shall be conducted in accordance with the requirements of this section. (d) All public water systems (community and non-community systems) shall monitor to determine compliance with the MCL for nitrate in section 11-20-3. (1) Community and non-transient, non-community water systems served by ground water systems shall monitor annually beginning January 1, 1993; systems served by surface water shall monitor quarterly beginning January 1, 1993.(2) For community and non-transient, non-community water systems, the repeat monitoring frequency for ground water systems shall be quarterly for at least one year following any one sample in which the concentration is greater than or equal to 50 per cent of the MCL. The director may allow a ground water system to reduce the sampling frequency to annually after four consecutive quarterly samples are reliably and consistently less than the MCL.(3) For community and non-transient, non-community water systems, the director may allow a surface water system to reduce the sampling frequency to annually if all analytical results from four consecutive quarters are less than 50 per cent of the MCL. A surface water system shall return to quarterly monitoring if any one sample is greater than or equal to 50 per cent of the MCL.(4) Each transient non-community water system shall monitor annually beginning January 1, 1993.(5) After the initial round of quarterly sampling is completed, each community and non-transient non-community system which is monitoring annually shall take subsequent samples during the quarter(s) which previously resulted in the highest analytical result.(e) All public water systems (community and non-community systems) shall monitor to determine compliance with the MCL for nitrite in section 11-20-3(b). (1) All public water systems shall take one sample at each sampling point in the compliance period beginning January 1, 1993 and ending December 31, 1995.(2) After the initial sample, systems where an analytical result for nitrite is less than 50 per cent of the MCL shall monitor at the frequency specified by the director.(3) For community and non-community water systems, the repeat monitoring frequency for any water system shall be quarterly for at least one year following any one sample in which the concentration is greater than or equal to 50 per cent of the MCL. The director may allow a system to reduce the sampling frequency to annually after determining the system is reliably and consistently less than the MCL.(4) Systems which are monitoring annually shall take each subsequent sample during the quarter(s) which previously resulted in the highest analytical result.(f) Confirmation samples: (1) Where the results of sampling for asbestos, antimony, arsenic, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium, or thallium indicate an exceedance of the MCL, the director may require that one additional sample be collected as soon as possible after the initial sample was taken (but not to exceed two weeks) at the same sampling point.(2) Where nitrate or nitrite sampling results indicate an exceedance of the MCL, the system shall take a confirmation sample within twenty-four hours of the system's receipt of notification of the analytical results of the first sample. Systems unable to comply with the twenty-four hour sampling requirement must immediately notify the consumers served by the area served by the public water system in accordance with section 11-20-18(b) and meet other Tier 1 public notification requirements under section 11-20-18. Systems exercising this option must take and analyze a confirmation sample within two weeks of notification of the analytical results of the first sample.(3) If a director-required confirmation sample is taken for any contaminant, then the results of the initial and confirmation sample shall be averaged. The resulting average shall be used to determine the system's compliance in accordance with subsection (i). The director has the discretion to delete results of obvious sampling errors.(g) The director may require more frequent monitoring than specified in subsections (b), (c), (d), and (e) or may require confirmation samples for positive and negative results at his or her discretion.(h) Systems may apply to the director to conduct more frequent monitoring than the minimum monitoring frequencies specified in this section. (i) Compliance with section 11-20-3 shall be determined based on the analytical result(s) obtained at each sampling point. (1) For systems which are conducting monitoring at a frequency greater than annual, compliance with the MCLs for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium, or thallium is determined by a running annual average at any sampling point. If the average at any sampling point is greater than the MCL, then the system is out of compliance. If any one sample would cause the annual average to exceed the MCL, then the system is out of compliance immediately. Any sample below the method detection limit shall be calculated at zero for the purpose of determining the annual average. If a system fails to collect the required number of samples, compliance (average concentration) will be based on the total number of samples collected. (2) For systems which are monitoring annually, or less frequently, the system is out of compliance with the MCLs for asbestos, antimony, arsenic, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium, or thallium if the level of a contaminant at any sampling point is greater than the MCL. If a confirmation sample is required by the director, the determination of compliance will be based on the annual average of the initial MCL exceedance and any State-required confirmation samples. If a system fails to collect the required number of samples, compliance (average concentration) will be based on the total number of samples collected.(3) Compliance with the MCLs for nitrate and nitrite is determined based on one sample if the levels of these contaminants are below the MCLs. If the levels of nitrate, nitrite, or both, exceed the MCLs in the initial sample, a confirmation sample is required in accordance with subsection (f)(2), and compliance shall be determined based on the average of the initial and confirmation samples.(4) Arsenic sampling results will be reported to the nearest 0.001 mg/L.(j) Each public water system shall monitor at the time designated by the director during each compliance period.(k) Inorganic analysis: (1) Analysis for the following contaminants shall be conducted in accordance with the methods in 40 C.F.R. § 141.23(k)(1), or the alternative methods listed in Appendix A to subpart C of part 141, or their equivalent as determined by EPA. Criteria for analyzing arsenic, barium, beryllium, cadmium, calcium, chromium, copper, lead, nickel, selenium, sodium, and thallium with digestion or directly without digestion, and other analytical test procedures are contained in Technical Notes on Drinking Water Methods, EPA-600/R-94-173, October 1994. This document is available from the National Service Center for Environmental Publications (NSCEP), P.O. Box 42419, Cincinnati, OH 45242-0419 or http://www.epa.gov/nscep/.(2) Sample collection for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, nitrate, nitrite, selenium, and thallium under this section shall be conducted using the sample preservation, container, and maximum holding time procedures specified in 40 C.F.R. § 141.23(k)(2).(3) Analysis under this section shall only be conducted by laboratories that have been certified by EPA or the director. Laboratories may conduct sample analysis under provisional certification until January 1, 1996. To receive certification to conduct analyses for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, nitrate, nitrite, selenium, and thallium, the laboratory must: (A) Analyze Performance Evaluation samples which include those substances provided by EPA; the director; or by a third party (with the approval of the director or EPA) at least once a year. (B) For each contaminant that has been included in the PE sample and for each method for which the laboratory desires certification, achieve quantitative results on the analyses that are within the acceptance limits specified in 40 C.F.R. § 141.23(k)(3)(ii). (l) Analyses for the purpose of determining compliance with section 11-20-3 shall be conducted using the requirements specified in subsections (l) through (q). (1) Analyses for all community water systems utilizing surface water sources shall be completed by June 24, 1978. These analyses shall be repeated at yearly intervals.(2) Analyses for all community water systems utilizing only ground water sources shall be completed by June 24, 1979. These analyses shall be repeated at three-year intervals.(3) For non-community water systems, whether supplied by surface or ground sources, analyses for nitrate shall be completed by December 24, 1980. These analyses shall be repeated at intervals determined by the director.(4) The director has the authority to determine compliance or initiate enforcement action based upon analytical results and other information compiled by their sanctioned representatives and agencies.(m) If the result of an analysis made under subsection (l) indicates that the level of any contaminant listed in section 11-20-3 exceeds the MCL, the supplier of the water shall report to the director within seven days and initiate three additional analyses at the same sampling point within one month.(n) When the average of four analyses made pursuant to subsection (m) rounded to the same number of significant figures as the MCL for the substance in question, exceeds the MCL, the supplier of water shall notify the director pursuant to section 11-20-17 and give notice to the public pursuant to section 11-20-18. Monitoring after public notification shall be at a frequency designated by the director and shall continue until the MCL has not been exceeded in two successive samples or until a monitoring schedule as a condition to a variance, exemption, or enforcement action shall become effective. (o) The provisions of subsections (m) and (n) notwithstanding, compliance with the MCL for nitrate shall be determined on the basis of the mean of two analyses. When a level exceeding the MCL for nitrate is found, a second analysis shall be initiated within twenty-four hours, and if the mean of the two analyses exceeds the MCL, the supplier of water shall report his findings to the director pursuant to section 11-20-17 and shall notify the public pursuant to section 11-20-18. (p) For the initial analyses required by subsection (l)(1),(2), or (3), data for surface waters acquired within one year prior to the effective date and data for ground waters acquired within three years prior to the effective date of this part may be substituted at the discretion of the director. [Eff 12/26/81; comp 3/7/92; am and comp 1/2/93; am and comp 12/15/94; am and comp 10/13/97; am and comp 9/7/99; comp 11/30/02; am and comp 12/16/05; am and comp 11/28/11; comp MAY 02 2014 ] (Auth: HRS §§ 340E-2, 340E-9) (Imp: HRS §§ 340E-2, 340E-9; 42 U.S.C. §§ 300g-1, 300g-2; 40 C.F.R. Parts 141, 142, § 141.23, § 142.10 )