(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) 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:
(i) The act of May 23, 1945 (P.L. 926, No.
369) (35 P.S. §§
655.1-655.13) (Repealed).
(ii) The Seasonal Farm Labor Act
(43
P.S. §§
1301.101-1301.606).
(iii) The Public Bathing Law (35 P.S.
§§
672-680d).
(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:
(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).
(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) 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.
(i) For transient noncommunity water systems,
the evaluation must include analysis of the following:
(A) Nitrate (as nitrogen) and nitrite (as
nitrogen).
(B) Total coliform
concentration and, if total coliform-positive, analyze for the presence of
E. coli.
(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.
(ii) For
nontransient noncommunity water systems, the evaluation must include the
information required under § 109.503(a)(1)(iii)(D).
(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).
