1. (a) Any of the following conditions shall constitute a significant deficiency for a PWS or a PORS, if applicable:

   1. (1) A potential contamination source that poses a risk to public health and that is not already subject to a monitoring or control plan is present in the sanitary protective area;
   2. (2) System records show that the source has inadequate capacity to meet current demands or that the system is otherwise unable to provide sufficient water to meet current demands;
   3. (3) A non-approved source is connected to the system, regardless of whether the source is in use;
   4. (4) Existing treatment facilities and processes are not operative;
   5. (5) Treatment has been installed or modified without prior approval from the department, and the installation or modification could adversely affect public health;
   6. (6) System has low or negative pressures that could result in entry of contaminants, or has high pressures, as described in Env-Dw 404.04(a), Env-Dw 405.27(a) and (b), and Env-Dw 406.26(a) and (b), or that exceed the design pressure of system components, that present a safety hazard to the public or operator;
   7. (7) System lacks a cross-connection control program or cross-connection devices, if applicable;
   8. (8) System lacks an approved backflow prevention device, as defined at Env-Dw 505.03(b), if required pursuant to Env-Dw 505;
   9. (9) System has an inoperative well pump;
   10. (10) System lacks an operative duplicate booster pump, if required;
   11. (11) System’s pump house is subject to flooding;
   12. (12) System’s hydraulics, pumping facilities, storage capacity, or distribution facilities have been modified in a way that could adversely affect public health;
   13. (13) System has electrical hazards in or around the pump house;
   14. (14) System does not have a certified operator even though one is required;
   15. (15) System’s certified operator is below the required grade;
   16. (16) System’s water storage tank is subject to contamination;
   17. (17) System’s water storage tank has not been inspected and maintained at the frequency required by Env-Dw 504.09;
   18. (18) System does not have a schedule for performing regular system maintenance or such system does not meet the requirements of Env-Dw 504.03(b);
   19. (19) System has pumping facilities that are not secured or a well that is not protected from tampering;
   20. (20) System does not have a meter or other means to measure flow for each incoming source, if required;
   21. (21) System does not have individual sampling taps or other means to obtain discrete samples for each source;
   22. (22) System is a community water system (CWS) and does not have an emergency plan available for review when requested;
   23. (23) Required monitoring, reporting, and recordkeeping are not being done as required;
   24. (24) System has any other violation(s) of applicable rules that pose(s) a significant risk to public health; and
   25. (25) The system does not have available for review by the department the record drawings or other distribution system plans required by the applicable provisions of Env-Dw 404.06(a), Env-Dw 404.29(a), Env-Dw 406.27(a), and Env-Dw 504.08.
2. (b) Any PWS using a groundwater source also shall be subject to the significant deficiencies identified in Env-Dw 717.20.

Source. #9760, eff 7-30-10; ss by #10771, eff 2-1-15; ss by #14427, eff 11-21-25, EXPIRES 11-21-35