26.04.01.25

.25 Plan for Compliance.

A. Notice of Violation or Order. After issuing a notice of violation or order, the Approving Authority may agree to the provisions of a plan for compliance submitted by the supplier of water. The plan for compliance shall be in writing and will present the timetable and the manner for completing the corrective action specified in the notice of violation or order. The supplier of water will not be considered to be in violation of the notice of violation or order as long as the supplier of water fulfills the conditions of the plan for compliance.

B. Sanitary Survey Report.

(1) A sanitary survey is an on-site review of the water source (identifying sources of contamination by using results of source water assessments where available), facilities, equipment, operation, maintenance, and monitoring compliance of a public water system (PWS) to evaluate the adequacy of the PWS, its sources and operations, and the distribution of safe drinking water.

(2) For the purposes of this section, a significant deficiency includes a defect in design, operation, or maintenance, or a failure or malfunction of the sources, treatment, storage, or distribution system that the Approving Authority determines to be causing, or has the potential for causing, the introduction of contamination into the water delivered to consumers.

(3) After conducting a sanitary survey and completing a report, the Approving Authority may require the supplier of water to take corrective action to resolve deficiencies noted in the sanitary survey. Suppliers of water shall provide a plan for compliance on or before 45 days from the receipt of the report to indicate how and on what schedule the system the will address significant deficiencies noted in the survey. The plan for compliance shall be in writing and shall present the timetable and the manner for completing the corrective action specified by the sanitary survey report. The supplier of water is not in violation of the notice or order if the Approving Authority approves the plan for compliance and the supplier of water fulfills the conditions of the plan for compliance.

(4) Suppliers of water shall correct significant deficiencies identified in sanitary surveys according to the schedule approved by the Approving Authority, or if there is no approved schedule, according to the schedule reported pursuant to 40 CFR §141.723(c) if such deficiencies are within the control of the system.

C. Composite Correction Program.

(1) A composite correction program includes a comprehensive performance evaluation and a correction program. The comprehensive performance evaluation shall:

(a) Identify factors that may be adversely impacting a plant's capability to achieve compliance with 40 CFR Part 141, Subparts P and T; and

(b) Emphasize approaches that can be implemented without significant capital improvements.

(2) For purposes of compliance with 40 CFR Part 141, Subparts P and T, the comprehensive performance evaluation shall consist of at least the following components:

(a) Assessment of plant performance;

(b) Evaluation of major unit processes;

(c) Identification and prioritization of performance limiting factors;

(d) Assessment of the applicability of comprehensive technical assistance; and

(e) Preparation of a CPE report.

(3) As specified in 40 CFR Part 141, Subparts P and T, the Approving Authority may require a composite correction program for a Subpart H water system with any individual filter that has a measured turbidity level of greater than 2.0 NTU in two consecutive measurements taken 15 minutes apart at any time in each of 2 consecutive months.

(4) The plan for compliance shall:

(a) Be in writing;

(b) Present the timetable and the manner for completing the corrective actions specified by the composite correction program; and

(c) Be completed and submitted to the Approving Authority for review and approval not later than 90 days following the exceedance.