1. (a) A noncommunity water system shall obtain a construction permit under § 109.503 (relating to public water system construction permits) and an operation permit under § 109.504 (relating to public water system operation permits), unless the noncommunity water system satisfies paragraph (1) or (2). The Department retains the right to require a noncommunity water system that meets the requirements of paragraph (1) or (2) to obtain a construction and an operation permit, if, in the judgment of the Department, the noncommunity water system cannot be adequately regulated through standardized specifications and conditions. A noncommunity water system which is released from the obligation to obtain a construction and an operation permit shall comply with the other requirements of this chapter, including design, construction and operation requirements described in Subchapters F and G (relating to design and construction standards; and system management responsibilities).

   1. (1) A noncommunity water system which holds a valid permit or license issued after December 8, 1984, under one or more of the following acts satisfies the permit requirement under the act. The licensing authority will review the drinking water facilities under this chapter when issuing permits under the following acts:

      1. (i) The act of May 23, 1945 (P.L. 926, No. 369) (35 P.S. § § 655.1—655.13) (Repealed).
      2. (ii) The Seasonal Farm Labor Act (43 P.S. § § 1301.101—1301.606).
      3. (iii) The Public Bathing Law (35 P.S. § § 672—680d).

   2. (2) A noncommunity water system not covered under paragraph (1) is not required to obtain a construction and an operation permit if it satisfies the following specifications and conditions:

      1. (i) The sources of supply for the system are groundwater sources requiring treatment no greater than hypochlorite or ultraviolet light disinfection to reduce total coliform bacteria concentrations to undetectable levels in the finished water, and otherwise provide water of a quality that meets the primary MCLs established under Subchapter B (relating to MCLs, MRDLs or treatment technique requirements).
      2. (ii) The water supplier submits a noncommunity water system application, including raw source water quality data, on forms acceptable to the Department, and receives Department approval of the facilities prior to construction or operation. The water supplier shall also submit a noncommunity water system application to the Department for proposed modifications to the system or a change of ownership, and receive Department approval prior to construction or operation.

   3. (3) A noncommunity water system which satisfies the requirements of paragraphs (1) and (2) shall provide the Department with the following information describing new sources, including an evaluation of the quality of the raw water from each new source. Water quality analyses shall be conducted by a laboratory certified under this chapter. This paragraph does not apply when the new source is finished water obtained from an existing permitted community water system or an existing permitted or approved noncommunity water system unless the Department provides written notice that one or more of the provisions of this paragraph apply.

      1. (i) For transient noncommunity water systems, the evaluation must include analysis of the following:

         1. (A) Nitrate (as nitrogen) and nitrite (as nitrogen).
         2. (B) Total coliform concentration and, if total coliform-positive, analyze for the presence of E. coli.
         3. (C) Any other contaminant which the Department determines is necessary to evaluate the potability of the source or which the Department has reason to believe is present in the source water and presents a health risk to the users of the system.
      2. (ii) For nontransient noncommunity water systems, the evaluation must include the information required under § 109.503(a)(1)(iii)(D).
2. (b) A noncommunity water system providing 4-log treatment of a groundwater source under § 109.1302(b) (relating to treatment technique requirements) that has not obtained a construction permit under § 109.503 and an operations permit under § 109.504 shall obtain a noncommunity water system 4-log treatment of groundwater permit under § 109.1306 (relating to information describing 4-log treatment and compliance monitoring) and comply with subsection (a)(2)(ii).

Authority

The provisions of this § 109.505 amended under section 4(a) of the Pennsylvania Safe Drinking Water Act (35 P.S. § 721.4(a)); and section 1920-A(b) of The Administrative Code of 1929 (71 P.S. § 510-20(b)).

Source

The provisions of this § 109.505 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621; amended December 23, 1994, effective December 24, 1994, 24 Pa.B. 6404; amended July 20, 2001, effective July 21, 2001, 31 Pa.B. 3895; amended May 22, 2009, effective May 23, 2009, 39 Pa.B. 2661; corrected August 29, 2009, effective August 1, 2009, 39 Pa.B. 5119; amended December 24, 2009, effective December 26, 2009, 39 Pa.B. 7279; amended August 17, 2018, effective August 18, 2018, 48 Pa.B. 4974. Immediately preceding text appears at serial pages (383444) to (383446).

Cross References

This section cited in 25 Pa. Code § 109.202 (relating to State MCLs, MRDLs and treatment technique requirements); 25 Pa. Code § 109.501 (relating to general permit requirements); 25 Pa. Code § 109.502 (relating to permitting of currently operating systems; compliance deadlines); 25 Pa. Code § 109.605 (relating to minimum treatment design standards); 25 Pa. Code § 109.715 (relating to seasonal systems); 25 Pa. Code § 109.1302 (relating to treatment technique requirements); 25 Pa. Code § 109.1306 (relating to information describing 4-log treatment and compliance monitoring); and 25 Pa. Code § 109.1408 (relating to noncommunity water system application for approval).