(a)  Public water systems shall respond to the Department in writing to significant deficiencies outlined in sanitary survey reports no later than 45 days after receipt of the report, indicating how and on what schedule the system will address significant deficiencies noted in the survey.

(b)  Public water systems shall take necessary steps to address significant deficiencies identified in sanitary survey reports if such deficiencies are within the control of the public water system and its governing body.

(c)  Sanitary survey means an onsite review by the Department of the water source (identifying sources of contamination using results of source water assessments where available), facilities, equipment, operation, maintenance, and monitoring compliance of a public water system to evaluate the adequacy of the system, its sources and operations and the distribution of safe drinking water.

(d)  Significant deficiency means a defect in a system's design, operation, or maintenance, as well as any failures or malfunctions of its treatment, storage, or distribution system, that is causing or has the potential to cause the introduction of contamination into water delivered to customers.

(e)  When a public water system is required to conduct a comprehensive performance evaluation (CPE) pursuant to this Subchapter, the CPE shall include:

(1)           assessment of water treatment plant performance;

(2)           evaluation of major unit processes;

(3)           identification and prioritization of performance limiting factors;

(4)           assessment of the applicability of comprehensive technical assistance; and

(5)           a written CPE report.

The public water system shall participate in a comprehensive technical assistance (CTA) activity when the Department determines, based on the CPE results, there is a potential for improved water treatment performance and the public water system is able to receive and implement technical assistance.  During the CTA phase, the public water system shall use the CPE results to identify and systematically address factors limiting performance of its water treatment plant; further, the public water system shall implement process control priority-setting techniques, and maintain long-term involvement in training staff and administrators.

(f)  The provisions of 40 C.F.R. 141, Subpart P - Enhanced Filtration and Disinfection - (Systems Serving 10,000 or More People), and Subpart T - Enhanced Filtration and Disinfection - (Systems Serving Fewer than 10,000 People) and the provisions of 40 C.F.R. 141, Subpart W- Enhanced Treatment for Cryptosporidium are hereby incorporated by reference including any subsequent amendments and editions.  Copies are available for public inspection as set forth in Rule .0102 of this Subchapter.


History Note:        Authority G.S. 130A-315; P.L. 93-523; 40 C.F.R. 141

Eff. August 1, 2000;

Amended Eff. April 1, 2014; October 1, 2009; November 1, 2005;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 23, 2015.