Section 11-20-12 - Organic chemicals other than total trihalomethanes, sampling and analytical requirements(e) Analysis for the contaminants in section 11-20-4(d) and (e) shall be conducted using the EPA methods cited in 40 C.F.R. § 141.24(e), or alternative methods listed in Appendix A to Title 40 Code of Federal Regulations, Part 141, Subpart C, or their equivalent as approved by EPA. Analysis for 1,2,3-trichloropropane shall be conducted using the EPA methods cited in the EPA Technical Fact Sheet - 1,2,3-Trichloropropane (TCP), dated January 2014 also available at https://www.epa.gov/sites/production/files/2014-03/documents/ffrrofactsheet_contaminant_tcp_january2014_final.pdf, or their equivalent as determined by EPA. (f) Beginning with the initial compliance period, analysis of the contaminants listed in section 11-20-4(d) for the purpose of determining compliance with the MCL 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). Each sample must be taken at the same sampling point unless conditions make another sampling point more representative of each source, treatment plant, or within the distribution system.(2) Surface water systems (or combined surface and ground) shall take a minimum of one sample at points in the distribution system that are representative of each source or at each entry point to the distribution system after treatment (hereafter 'sampling point"). Each sample must be taken at the same sampling point unless conditions make another sampling point more representative of each source, treatment plant, or within the distribution system.(3) If the 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 representative of all sources is being used).(4) Each community and non-transient non-community water system shall take four consecutive quarterly samples for each contaminant listed in section 11-20-4(d), with the exception of vinyl chloride, during each compliance period beginning in the initial compliance period. (5) If the initial monitoring for benzene, carbon tetrachloride, para-dichlorobenzene, 1,2-dichloroethane, 1,1-dichloroethylene, 1,1,1-trichloroethane, trichloroethylene, and vinyl chloride and the monitoring for all of the other contaminants listed in section 11-20-4(d) as allowed in paragraph (18) has been completed by December 31, 1992 and the system did not detect any contaminant listed in section 11-20-4(d) then each ground and surface water system shall take one sample annually beginning with the initial compliance period.(6) After a minimum of three years of annual sampling, the director may allow ground water systems which have no previous detection of any contaminant listed in section 11-20-4(d) to take one sample during each compliance period.(7) Each community and non-transient non-community ground water system which does not detect a contaminant listed in section 11-20-4(d) may apply to the director for a waiver from the requirements of paragraphs (5) and (6) after completing the initial monitoring. (For the purposes of this section, detection is defined as greater than or equal to 0.0005 mg/l.) A waiver shall be effective for no more than six years (two compliance periods). States may also issue waivers to small systems for the initial round of monitoring for 1,2,4-trichlorobenzene.(8) The director may grant a waiver after evaluating the following factor(s): (A) Knowledge of previous use (including transport, storage, or disposal) of the contaminant within the watershed or zone of influence of the system. If a determination by the director reveals no previous use of the contaminant within the watershed or zone of influence, a waiver may be granted. (B) If previous use of the contaminant is unknown or it has been used previously, then the following factors shall be used to determine whether a waiver is granted. (i) Previous analytical results. (ii) The proximity of the system to potential point or non-point source of contamination. Point sources include spills and leaks of chemicals at or near a water treatment facility or at manufacturing, distribution, or storage facilities, or from hazardous and municipal waste landfills and other waste handling or treatment facilities. (iii) The environmental persistence and transport of the contaminants. (iv) The number of persons served by the public water system and the proximity of a smaller system to a larger system. (v) How well the water source is protected against contamination such as whether it is a surface or ground water system. Ground water systems must consider factors such as depth of the well, the type of soil, and wellhead protection. Surface water systems must consider watershed protection.(9) As a condition of the waiver a system must take one sample at each sampling point during the time the waiver is effective (i.e., one sample during two compliance periods or six years), and update its vulnerability assessment considering the factors listed in paragraph (8). Based on this vulnerability assessment the director must reconfirm that the system is non-vulnerable. If the director does not make this reconfirmation within three years of the initial determination, then the waiver is invalidated and the system is required to sample annually as specified in paragraph (5).(10) Each community and non-transient non-community surface water system which does not detect a contaminant listed in section 11-20-4(d) may apply to the director for a waiver from the requirements of paragraph (5) after completing the initial monitoring. Composite samples from a maximum of five sampling points are allowed, provided that the detection limit of the method used for analysis is less than one-fifth of the MCL. Systems meeting this criteria must be determined by the director to be non-vulnerable based on a vulnerability assessment during each compliance period. Each system receiving a waiver shall sample at the frequency specified by the director (if any).(11) If a contaminant listed in section 11-20-4(d), with the exception of vinyl chloride, is detected at a level exceeding 0.0005 mg/l in any sample, then: (A) The system must monitor quarterly at each sampling point which resulted in a detection.(B) The director may decrease the quarterly monitoring requirement specified in subparagraph (A) provided it 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. (C) If the director determines that the system is reliably and consistently below the MCL, the director may allow the system to monitor annually. Systems which monitor annually must monitor during the quarter(s) which previously yielded the highest analytical result.(D) Systems which have three consecutive annual samples with no detection of a contaminant may apply to the director for a waiver as specified in paragraph (7).(E) Ground water systems which have detected one or more of the following two-carbon organic compounds: trichloroethylene, tetrachloroethylene, 1-2-dichloroethane, 1,1,1-trichloroethane, cis-1,2-dichloroethylene, trans-1,2-dichloroethylene, or 1,1-dichloroethylene shall monitor quarterly for vinyl chloride. A vinyl chloride sample shall be taken at each sampling point at which one or more of the two-carbon organic compounds was detected. If the results of the first analysis do not detect vinyl chloride, the director may reduce the quarterly monitoring frequency of vinyl chloride monitoring to one sample during each compliance period. Surface water systems are required to monitor for vinyl chloride as specified by the director.(12) Systems which violate the requirements of section 11-20-4(d) as determined by paragraph (15) must monitor quarterly. After a minimum of four consecutive quarterly samples which show the system is in compliance as specified in paragraph (15), and the director determines that the system is reliably and consistently below the MCL, the system may monitor at the frequency and time specified in paragraph (11)(C). (13) The director may require a confirmation sample for positive or negative results. If a confirmation sample is required by the director, the result must be averaged with the first sampling result and the average is used for the compliance determination as specified by paragraph (15). The director has discretion to delete results of obvious sampling errors from this calculation.(14) The director may reduce the total number of samples a system must analyze by allowing the use of compositing. Composite samples from a maximum of five sampling points 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 and analyzed within fourteen days of sample collection. (A) If the concentration in the composite sample is greater than or equal to 0.0005 mg/l for any contaminant listed in section 11-20-4(d), then a follow-up sample must be taken within fourteen days at each sampling point included in the composite, and be analyzed for that contaminant.(B) Duplicates may be analyzed as specified by section 11-20-11(a)(4)(C).(C) Compositing based on population served by the system shall be performed as specified in section 11-20-11(a)(4)(B).(D) Compositing samples prior to GC analysis shall be performed as specified in 40 C.F.R. § 141.24(f)(14)(iv). (E) Compositing samples prior to GC-MS analysis shall be performed as specified in 40 C.F.R. § 141.24(f)(14)(v)(A-C).(15) Compliance with section 11-20-4(d) shall be determined based on the analytical results obtained at each sampling point. If one sampling point is in violation of an MCL, the system is in violation of the MCL. (A) For systems monitoring more than once per year, compliance with the MCL is determined by a running annual average at each sampling point.(B) Systems monitoring annually or less frequently whose sample result exceeds the MCL must begin quarterly sampling. The system will not be considered in violation of the MCL until it has completed one year of quarterly sampling.(C) If any sample result will cause the running annual average to exceed the MCL at any sampling point, the system is out of compliance with the MCL immediately.(D) If a system fails to collect the required number of samples, compliance will be based on the total number of samples collected.(E) If a sample result is less than the detection limit, zero will be used to calculate the annual average.(17) Analysis under this section shall only be conducted by laboratories that are certified by EPA or the director according to the conditions as specified in 40 C.F.R. § 141.24(f)(17).(18) The director may allow the use of monitoring data collected after January 1, 1988 required under section 1445 of the Safe Drinking Water Act for purposes of initial monitoring compliance. If the data are generally consistent with the other requirements in this section, the director may use those data (i.e., a single sample rather than four quarterly samples) to satisfy the initial monitoring requirement of paragraph (4). Systems which use grandfathered samples and did not detect any contaminant listed in section 11-20-4(d) shall begin monitoring annually in accordance with paragraph (5) beginning with the initial compliance period. (19) The director may increase required monitoring where necessary to detect variations within the system.(20) Each certified laboratory must determine the method detection limit (MDL), as defined in Appendix B of 40 C.F.R. Part 136, at which it is capable of detecting VOCs. The acceptable method detection limit is 0.0005 mg/l. This concentration is the detection concentration for purposes of this section.(21) Each public water system shall monitor at the time designated by the director within each compliance period.(22) 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.(h) Analysis of the contaminants listed in section 11-20-4(e) for the purposes of determining compliance with the MCL 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). Each sample must be taken 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 points in the distribution system that are representative of each source or at each entry point to the distribution system after treatment (hereafter called a sampling point). Each sample must be taken at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant. For purposes of this paragraph, surface water systems include systems with a combination of surface and ground sources.(3) If the 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 representative of all sources is being used).(4) Monitoring frequency: (A) Each community and non-transient non-community water system shall take four consecutive quarterly samples for each contaminant listed in section 11-20-4(e) during each compliance period beginning with the initial compliance period.(B) Systems serving more than 3,300 persons which do not detect a contaminant in the initial compliance period may reduce the sampling frequency to a minimum of two quarterly samples in one year during each repeat compliance period.(C) Systems serving 3,300 persons or less which do not detect a contaminant in the initial compliance period may reduce the sampling frequency to a minimum of one sample during each repeat compliance period.(5) Each community and non-transient water system may apply to the director for a waiver from the requirement of paragraph (4). A system must reapply for a waiver for each compliance period.(6) The director may grant a waiver after evaluating the following factor(s): Knowledge of previous use (including transport, storage, or disposal) of the contaminant within the watershed or zone of influence of the system. If a determination by the director reveals no previous use of the contaminant within the watershed or zone of influence, a waiver may be granted. If previous use of the contaminant is unknown or it has been used previously, then the following factors shall be used to determine whether a waiver is granted: (A) Previous analytical results.(B) The proximity of the system to a potential point or non-point source of contamination. Point sources include spills and leaks of chemicals at or near a water treatment facility or at manufacturing distribution, or storage facilities, or from hazardous and municipal waste landfills and other waste handling or treatment facilities. Non-point sources include the use of pesticides to control insect and weed pests on agricultural areas, forest lands, home and gardens, and other land application uses. (C) The environmental persistence and transport of the pesticide or PCBs.(D) How well the water source is protected against contamination due to such factors as depth of the well and the type of soil and the integrity of the well casing.(E) Elevated nitrate levels at the water supply source.(F) Use of PCBs in equipment used in the production, storage, or distribution of water (i.e., PCBs used in pumps, transformers, etc.).(7) If an organic contaminant listed in section 11-20-4(e) is detected (as defined by paragraph (18)) in any sample, then: (A) Each system must monitor quarterly at each sampling point which resulted in a detection.(B) The director may decrease the quarterly monitoring requirement specified in subparagraph (A) provided it 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.(C) After the director determines the system is reliably and consistently below the MCL, the director may allow the system to monitor annually. Systems which monitor annually must monitor during the quarter that previously yielded the highest analytical result.(D) Systems which have three consecutive annual samples with no detection of a contaminant may apply to the director for a waiver as specified in paragraph (6). (E) If monitoring results in detection of one or more of certain related contaminants (heptachlor, heptachlor epoxide), then subsequent monitoring shall analyze for all related contaminants.(8) Systems which violate the requirements of section 11-20-4(e) as determined by paragraph (11) must monitor quarterly. After a minimum of four quarterly samples show the system is in compliance and the director determines the system is reliably and consistently below the MCL, as specified in paragraph (11), the system shall monitor at the frequency specified in paragraph (7)(C).(9) The director may require a confirmation sample for positive or negative results. If a confirmation sample is required by the director, the result must be averaged with the first sampling result and the average used for the compliance determination as specified by paragraph (11). The director has discretion to delete results of obvious sampling errors from this calculation.(10) The director may reduce the total number of samples a system must analyze by allowing the use of compositing. Composite samples from a maximum of five sampling points 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 and analyzed within fourteen days of sample collection. (A) If the concentration in the composite sample detects one or more contaminants listed in section 11-20-4(e), then a follow-up sample must be taken within fourteen days at each sampling point included in the composite, and be analyzed for that contaminant. (B) Duplicates may be analyzed as specified in section 11-20-11(a)(4)(C).(C) Compositing based on population served by the system shall be performed as specified in section 11-20-11(a)(4)(B).(11) Compliance with section 11-20-4(e) shall be determined based on the analytical results obtained at each sampling point. If one sampling point is in violation of an MCL, the system is in violation of the MCL. (A) For systems monitoring more than once per year, compliance with the MCL is determined by a running annual average at each sampling point.(B) Systems monitoring annually or less frequently whose sample result exceeds the regulatory detection level as defined by paragraph (18) must begin quarterly sampling. The system will not be considered in violation of the MCL until it has completed one year of quarterly sampling.(C) If any sample result will cause the running annual average to exceed the MCL at any sampling point, the system is out of compliance with the MCL immediately.(D) If a system fails to collect the required number of samples, compliance will be based on the total number of samples collected.(E) If a sample result is less than the detection limit, zero will be used to calculate the annual average.(13) Analysis for PCBs shall be conducted as specified in 40 C.F.R. § 141.24(h)(13).(14) 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. (15) The director may increase the required monitoring frequency, where necessary, to detect variations within the system (e.g., fluctuations in concentration due to seasonal use, changes in water source).(16) The director has the authority to determine compliance or initiate enforcement action based upon analytical results and other information compiled by his or her sanctioned representatives and agencies.(17) Each public water system shall monitor at the time designated by the director within each compliance period.(18) Detection as used in this paragraph shall be defined as greater than or equal to the concentrations for each contaminant specified in 40 C.F.R. § 141.24(h)(18).(19) Analysis under this section shall only be conducted by laboratories that have received certification by EPA or the director and have met the conditions as specified in 40 C.F.R. § 141.24(h)(19).(20) 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 a system can demonstrate compliance with the MCL. Routine and increased monitoring frequencies shall be conducted in accordance with the requirements of this section. [Eff 12/16/81; am and 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; am and 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, 300g-3, 300j-4, 300g-6, and 300j-9; 40 C.F.R. Parts 141, 142, § 141.24, § 142.10 )