Sample Site Plans for Bacteriological Samples.
K.A.R. 28-15-14 (a) (3) (I) requires each water sample to be taken at a point which is representative of the conditions within the distribution system and in accordance with a written sample siting plan. Below are two ways to assure coverage of the system.
- Prepare a map of the distribution system.
- Divide the map into the same number of zones that there are bacteriological samples required each month (two routine samples a month requires two zones to be sampled).
- Select five sampling locations (sites) in each zone for collecting the samples. The sites chosen should be representative of the service connections in that area.
- Prepare a list of all the sampling locations including zone and address. Each year, five different sampling locations should be chosen in each zone.
- Each month, rotate through the sampling sites in each zone for routine sampling.
- Failure to prepare and follow a sample siting plan is a violation of K.A.R. 28-15-14, (a) monitoring requirements for bacteriological determination. Failure to comply can result in public notification.
- Site plans should be available for review by January 31 each year.
- See the Sample Site Plan.
- If a public water supply system violates a maximum contaminant level or prescribed treatment technique, or fails to comply with a schedule contained in a variance or exemption, the supplier of water shall give notice to its customers as follows.
- Notice shall be given:
- by publication in a daily newspaper serving the area, or a weekly news paper if the area is not served by a daily newspaper, within 14days after learning of the violation or failure;
- by mail delivery with a water bill, by direct mail or by hand delivery within:
- 45 days after learning of the violation or failure if the violation or failure has not been corrected within 45 days; or
- 45 days after learning of the violation or failure if directed to do so by the department.
- by furnishing a copy of the public notice to radio and television stations serving the area of the public water supply system within 72 hours after learning of a violation of a maximum contaminant level which may pose an acute risk to public health. The following violations shall be considered acute violations:
- any violation specified by the department as posing an acute risk to human health;
- violation of the maximum contaminant level for nitrate;
- violation of the maximum contaminant level for total coliforms, when fecal coliform or E Coli are identified as specified in K.A.R. 28-15-13(a)(3); or
- occurrence of a waterborne-disease outbreak attributed to the public water supply.
- Notification shall be repeated every three months by the methods specified in paragraph (1)(B) above, for as long as the violation or failure continues.
- In lieu of the requirements specified in paragraphs (1) or (2) above, the owner or operator of a non-community public water supply system may give notice either by hand delivery or by continuous posting in conspicuous places throughout the area served by the system. Notice shall be made within 72 hours after learning of an acute violation listed in paragraph (1)(C) above, or within 14 days after learning of any other violation or failure. Posting shall continue for as long as the violation or failure continues and hand delivery shall be repeated every three months as long as the violation or failure continues.
- (b) If a public water supply system fails to monitor its water supply as required in K.A.R. 28-15-14, 28-15-21 or 28-15-22, or fails to have the analysis performed in an approved laboratory, or is granted a variance or exemption, the supplier of water shall give notice to its customers as follows.
- Notice shall be given:
- Notices shall be given:
- by publication in a daily newspaper serving the area, or a weekly newspaper if the area is not served by a daily newspaper, within three months after receiving the variance or exemption or learning of the violation; and
- by mail delivery, either with a water bill or by direct mail, or by hand delivery, every three months as long as the violation continues or the variance or exemption remains in effect.
- In lieu of the requirements specified in paragraphs (1)(A) and (B) above, the owner or operator of a non-community public water supply system may give notice either by hand delivery or by continuous posting in conspicuous places throughout the area served by the system within three months of the violation or receiving a variance or exemption. Posting shall continue for as long as the violation continues or a variance or exemption remains in effect, and hand delivery shall be repeated every three months as long as the violation continues or a variance or exemption remains in effect.
- (c) Proof that public notice has been completed shall be provided to the department.
- (d) The owner or operator of a community public water supply system shall provide a copy of the most recent public notice for any continuing violation of a maximum contaminant level or treatment technique, or any variance or exemption schedule, to each new customer at the time service begins.
- (e)(1) Each notice required by this regulation shall provide a clear and readily understandable explanation of the violation, any potential adverse health effects, the population at risk, the steps that the public water system is taking to correct such violation, the necessity for seeking alternative water supplies, if any, and any preventive measures the consumer should take until the violation is corrected.
- (2) Each notice shall be conspicuous and shall not contain unduly technical language, unduly small print, or similar problems that frustrate the purpose of notice.
- Each notice shall include the telephone number of the owner, operator, or designee of the public water system as a source of additional information concerning the notice.
- Where appropriate, the notice shall be multilingual.
- (f) The owner or operator of a public water supply system shall include mandatory health-effects language for the appropriate contaminant, specified in 40 CFR 141.32(e), as in effect July 1, 1993, and in Part 141, national primary drinking water regulations, federal register, volume 57, number 138, as published on Friday, July 17, 1992, Section 141.32(e) (53) through (75), in any public notice issued for violation of a maximum contaminant level or treatment technique, or related to a variance or exemption. If the public notice is for fluoride, the mandatory health-effects language specified in 40 CFR 143.5(b), as in effect July 1, 1993, shall be used. (Authorized by and implementing K.S.A. 65-171m; effective September 21, 1992; amended, September 26, 1994; amended January 9, 1995.)