3701-28-04 Inspection; water sample collection and analysis and water.

(A) The board of health or the department of health may perform inspections as often as necessary to determine satisfactory compliance with this chapter. For purposes of this rule inspection means the observation and documentation of the location, construction, or physical condition of a private water system or any component of such a system and includes, without limitation, water sampling for the detection of any contaminants, the documentation of a violation of construction standards, technical procedures, or any other requirement established under this chapter.

(B) The owner of a new or altered private water system is responsible to contact the board of health for the collection of water samples when work on the private water system has been completed. The property owner shall provide reasonable access to the board of health for pre construction site evaluations and for conducting final inspection of the outside and inside components of the private water system and for collection of required water sample(s) while the permit remains valid.

(C) The board of health shall inspect each private water system constructed, altered, or sealed after the effective date of this rule to determine compliance with this chapter. When a property owner has not contacted the board of health within thirty working days after the board of health has received documentation indicating that the private water system construction, alteration, or sealing has been completed, such as a well log and/ or job status/ completion form or other notification, the board of health shall contact the property owner in order to determine the completion status of the private water system and to schedule an inspection and water sample (when applicable).

(D) The inspection by the board of health shall include an examination of at least the following, as applicable:

(1) A review of the well log and/ or job status/ completion form for compliance within thirty days of receipt by the board of health and prior to collecting a water sample and conducting a site inspection.

(2) The well casing for proper ASTM, API, or ANSI/NSF designations, casing type, wall thickness, and height above final grade.

(3) The surface condition of the annular space around the casing to determine the presence of grout, and the absence or presence of subsidence, using a probe or other visual indication of the surface condition of the annular space.

(4) All isolation distance requirements as provided in rule 3701-28-07 of the Administrative Code and any other potential sources of contamination.

(5) The pitless adaptor when necessary.

(6) Removal of the well cap for determination of proper well cap type, proper installation and venting and observation of the inside of the casing when necessary.

(7) The dedicated water sample port and pressure relief valve.

(8) Required backflow devices.

(9) The complete disinfection and filtration system.

(10) For cisterns, springs, and hauled water storage tanks; tank size, tank standards and specifications, manhole covers for safety, and intakes.

(11) Pond intakes, pond and spring watershed control area, wet side slope, and pond size.

(E) Where board of health or the department determines that any of the following conditions exist at a well, the registered contractor performing the work or the well owner may be required to excavate the well head for verification of proper grouting.

(1) A visible open annular space surrounding the well casing.

(2) Grout is not detected at or below the water service line connection to the casing.

(3) The detection of dye in the well water after placement of tracer dye around the casing at or near the ground surface.

(4) A well log or sealing report which indicates that the well has not been grouted or which lacks information or contains incomplete or erroneous information pertaining to the grouting of a well.

(5) Or any other condition as determined by the department or the board of health to verify compliance with this chapter.

(F) The department or any designated staff of the board of health or a person designated by the department to conduct contractor inspections shall inspect every registered contractor that constructs or seals a private water system well within Ohio at least once every five years. The inspection shall take place during the drilling, construction and/ or sealing process to determine that the private water system is being constructed or sealed in compliance with this chapter.

Registered contractors that perform work on private water systems other than constructing or sealing a well shall obtain an inspection from a board of health at least once every five years. The inspection shall take place during the construction process to determine that the private water system is being constructed in compliance with this chapter Inspections shall be recorded on inspection report forms prescribed or approved by the department, and shall provide for a comprehensive review of compliance with this chapter. A copy shall be provided to the director, the board of health, and the registered contractor within thirty days of the inspection.

(G) The board of health shall collect and process water samples as required in paragraph (S) of rule 3701-28-03 of the Administrative Code after completion of the private water system and receipt of well logs and/or completion forms or when the private water system is determined to be in compliance with this chapter. Water samples shall be collected and processed according to the following procedures:

(1) Information regarding the private water systems owner, address of the property, and date of sampling shall be recorded.

(2) A sanitary survey shall be performed of the site for a pre-existing private water system that is being sampled for purposes of an inspection or bond claim.

(3) Water samples from private water systems wells and systems utilizing ultraviolet light for continuous disinfection shall be collected a minimum of forty-eight hours after the private water system has been chlorinated or disinfected with a material other than chlorine and completely flushed to remove all residual chlorine or other disinfectant from the system. Water to be tested shall be checked at the time of collection by the person collecting the sample for the presence of chlorine or any other disinfectant used prior to disinfection of the sample tap prior to submission for analysis.

(a) Water collected from hauled water storage tanks shall have at least two tenths milligrams per liter residual of chlorine present at the time a water sample is collected.

(b) Water collected from private water systems utilizing continuous disinfection with a chemical disinfectant shall have a chemical disinfectant residual detected at the level required in paragraphs (G) and (H) of rule 3701-28-15 of the Administrative Code for the specific disinfection device at the time the water sample is collected.

(4) All water samples collected as part of the permit requirements of this chapter shall be collected at the point of discharge of the system, and shall not be collected from hoses, outside spigots, or yard hydrants. When the pressure tank is located in an inaccessible crawl space, in an underground vault or buried below the ground surface, and when no other sample taps are accessible, a water sample may be collected from the closest spigot to the pressure tank.

(5) If the water system is a well, it shall be purged a minimum of ten minutes. If there is no drain near the pressure tank several spigots throughout the building shall be turned on to assist in purging the system. Where the yield can not be sustained for at least ten minutes the system shall be purged to insure flushing of the distribution system to get a representative sample from the well. A cistern, pond, hauled water storage tank, or spring, shall be purged long enough to remove all water standing in the distribution system prior to collecting the sample. Discharge of water to the sewage treatment system should be minimized when possible. If the water sample is collected from the well head out of the pitless adaptor, it shall be run for a minimum of three minutes.

(6) The person collecting the water sample shall sanitize their hands just prior to collection.

(7) The faucet, spigot, tap, or sampling port shall be sanitized with either a chlorine solution containing a minimum of four hundred milligrams per liter chlorine, or an isopropyl alcohol solution of not less than seventy percent, or a solution of two hundred milligrams per liter quaternary ammonia, by spraying or flushing the faucet, spigot, tap, or sampling port, or by flaming a metal sample tap, or by using other methods approved by the director.

(8) Water samples shall be collected in a sterile sample container provided by the laboratory that will perform the analysis. The sample bottle shall not be rinsed prior to the collection of the sample. The lip or inside of the sample bottle or inside of the lid shall not come into contact with any sources of contamination.

(9) Water samples to be tested for nitrates, shall be stabilized at the site or transported to the laboratory within twenty-eight hours. The private water system may be pre-screened on site with nitrate test strips as authorized under paragraph (S) of rule 3701-28-03 of the administrative code and used in accordance with the manufacturers directions.

(10) All water samples to be tested for bacteria, shall be kept at a minimum of ten degrees Celsius in a closed container and transported to the laboratory within twenty-eight hours.

(11) All water samples, except samples to be tested for nitrates that have been prescreened and indicate the presence of nitrates to be five milligrams per liter or less, shall be tested at a laboratory approved for the testing of microbiological contaminants, and nitrates and nitrites under Chapter 3745-89 of the Administrative Code or a laboratory approved by the department. Testing for total coliform or coliform CFU counts shall use approved methods that are appropriate to the source of the water being tested and the observed or known water quality.

(12) When a coliform CFU count is required the number of coliform bacteria CFU can be determined by using a MMO/MUG multiple well tray most probable number method, membrane filter method or other methods for bacterial enumeration described in the most current edition of "Standard Methods for the Examination of Water and Wastewater" by the American public health association, American water works association, and water pollution control federation, or other methods approved by the director.

(13) For private water systems required to utilize continuous disinfection and/or maintain a chemical disinfectant residual, the indicator bacteria shall be determined using approved methods that determine a CFU count or indicate the presence or absence of the indicator bacteria.

(H) The board of health may charge the private water system owner a fee for each water sample collected by the board of health for the purpose of determining the presence of any contaminants.

(I) The director shall provide for making the bacteriological examinations and the determination of the presence of nitrates in its laboratories of water samples required by these rules at the cost set forth in the fee schedule established in Chapter 3701-49 of the Administrative Code for each bacteriological examination and nitrate analysis performed, and shall establish a system to receive such water samples at its laboratories, and to make such charges therefore; provided, however, these rules do not prohibit such examination from being made by other laboratories approved by the Ohio department of health.

(J) The following microbiological standards and maximum contaminant levels (MCL) apply to all private water systems unless otherwise specified:

(1) For water wells not using continuous disinfection, the acceptable level for bacteria indicators in the water sample shall be:

(a) Four or less total coliform CFU per one hundred milliliters of water for the purposes of acceptable well construction and development and as an indication of the presence of opportunistic bacteria and;

(b) No detection of Escherichia coli CFU per one hundred milliliters of water and;

(c) If additional microbiological speciation analysis or coliphage testing is done, there shall be no detection of any primary pathogenic microorganism, other fecal indicator microorganisms, or coliphages as determined by the director.

(2) For any private water system required to have continuous disinfection and/or filtration in accordance with paragraphs (A) and (B) of rule 3701-28-15 of the Administrative Code, there shall be no detection of total coliform CFU, or escherichia coli CFU per one hundred milliliters of water, or if additional microbiological testing or speciation analysis or coliphage testing is done, any primary pathogenic microorganism as determined by the director.

(3) Water sample results determined using membrane filter that indicate a high background count or confluent growth are considered invalid and may not be used to determine compliance with the water sample requirement of this rule.

(4) For the purposes of making recommendations for the consumption and treatment of water from private water systems, the maximum contaminant levels and standards of chemical constituents for private water systems shall be the same as the primary maximum contaminant levels and standards established by Ohio environmental protection agency for public water supplies in accordance with Chapter 3745-81 of the Administrative Code.

Replaces:

3701-28-04

Effective: 04/01/2011
R.C. 119.032 review dates: 04/01/2016
Promulgated Under: 119.03
Statutory Authority: 3701.344
Rule Amplifies: 3701.344
Prior Effective Dates: 1/1/1981, 10/1/82, 1/1/84, 1/1/00