# Title 33.1 — Department of Environmental Quality

## Article 33.1-17 — Public Water Supply Systems

## Chapter 33.1-17-01 — Public Water Supply Systems in North Dakota

and Maximum Residual Disinfectant Levels
Byproduct Precursors
### § 33.1-17-01-01. Responsibility.

It is the responsibility of any supplier of water to comply within the meaning of this chapter pursuant
to North Dakota Century Code chapter 61-28.1.
History: Effective January 1, 2019.
General Authority: NDCC 61-28.1-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 61-28.1-03; S.L. 2017, ch. 199, § 69
### § 33.1-17-01-02. Definitions.

For the purpose of this chapter the following definitions shall apply:
1. "Action level" means the concentration of lead or copper in water specified in title 40 Code of
Federal Regulations part 141, subpart I, section 141.80(c), that determines, in some cases,
the treatment requirements set forth under title 40 Code of Federal Regulations part 141,
subpart I, that a water system is required to complete.
2. "Bag filters" means pressure-driven separation devices that remove particulate matter larger
than one micrometer using an engineered porous filtration media. They are typically

constructed of a nonrigid, fabric filtration media housed in a pressure vessel in which the
direction of flow is from the inside of the bag to the outside.
3. "Bank filtration" means a water treatment process that uses a well to recover surface water
that has naturally infiltrated into ground water through a riverbed or riverbanks. Infiltration is
typically enhanced by the hydraulic gradient imposed by a nearby pumping water supply or
other wells.
4. "Best available technology" or "BAT" means the best technology, treatment techniques, or
other means which the department finds, after examination for efficacy under field conditions
and not solely under laboratory conditions, are available (taking cost into consideration). For
the purposes of setting maximum contaminant levels for synthetic organic chemicals, any best
available technology must be at least as effective as granular activated carbon.
5. "Cartridge filters" means pressure-driven separation devices that remove particulate matter
larger than one micrometer using an engineered porous filtration media. They are typically
constructed as rigid or semirigid, self-supporting filter elements housed in pressure vessels in
which flow is from the outside of the cartridge to the inside.
6. "Clean compliance history", for the purposes of subpart Y, means a record of no MCL
violations as specified in title 40 Code of Federal Regulations part 141.63; no monitoring
violations as specified in title 40 Code of Federal Regulations part 141.21 or as specified in
title 40 Code of Federal Regulations part 141, subpart Y; and no coliform treatment technique
trigger exceedances or treatment technique violations as specified in title 40 Code of Federal
Regulations part 141, subpart Y.
7. "Coagulation" means a process using coagulant chemicals and mixing by which colloidal and
suspended materials are destabilized and agglomerated into flocs.
8. "Combined distribution system" means the interconnected distribution system consisting of the
distribution systems of wholesale systems and of the consecutive systems that receive
finished water.
9. "Community water system" means a public water system which serves at least fifteen service
connections used by year-round residents or regularly serves at least twenty-five year-round
residents.
10. "Compliance cycle" means the nine-year calendar year cycle during which public water
systems must monitor for inorganic and organic chemicals excluding lead, copper,
trihalomethanes, and unregulated contaminants. Each compliance cycle consists of three
3-year compliance periods. The first calendar year cycle begins January 1, 1993, and ends
December 31, 2001; the second begins January 1, 2002, and ends December 31, 2010; and
the third begins January 1, 2011, and ends December 31, 2019.
11. "Compliance period" means a three-year calendar year period within a compliance cycle
during which public water systems must monitor for inorganic and organic chemicals excluding
lead, copper, trihalomethanes, and unregulated contaminants. Each compliance cycle has
three 3-year compliance periods. Within the first compliance cycle, the first compliance period
runs from January 1, 1993, to December 31, 1995; the second from January 1, 1996, to
December 31, 1998; and the third from January 1, 1999, to December 31, 2001.
12. "Composite correction program" or "CCP" means a systematic, comprehensive procedure for
identifying, prioritizing, and remedying factors that limit water treatment plant performance as
set forth in the United States environmental protection agency handbook entitled Optimizing
Water Treatment Plant Performance Using The Composite Correction Program,

EPA/625/6-91/027, 1998 edition. A composite correction program consists of two phases, a
comprehensive performance evaluation and comprehensive technical assistance.
13. "Comprehensive performance evaluation" or "CPE" means a thorough review and analysis of
a treatment plant's performance-based capabilities and associated administrative, operation,
and maintenance practices. It is conducted to identify factors that may be adversely impacting
a plant's capability to achieve compliance and emphasizes approaches that can be
implemented without significant capital improvements. For purposes of compliance with
title 40 Code of Federal Regulations part 141, subpart P and subpart 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 comprehensive performance evaluation report.
14. "Comprehensive technical assistance" or "CTA" means the performance improvement phase
of a composite correction program that is implemented if the comprehensive performance
evaluation results indicate improved performance potential. During the comprehensive
technical assistance phase, identified and prioritized factors that limit water treatment plant
performance are systematically addressed and eliminated.
15. "Confluent growth" means a continuous bacterial growth covering the entire filtration area of a
membrane filter, or a portion thereof, in which bacterial colonies are not discrete.
16. "Consecutive system" means a public water system that receives some or all of its finished
water from one or more wholesale systems. Delivery may be through a direct connection or
through the distribution system of one or more consecutive systems.
17. "Contaminant" means any physical, chemical, biological, or radiological substance or matter in
water.
18. "Conventional filtration treatment" means a series of processes, including coagulation,
flocculation, sedimentation, and filtration resulting in substantial particulate removal.
19. "Corrosion inhibitor" means a substance capable of reducing the corrosivity of water toward
metal plumbing materials, especially lead and copper, by forming a protective film on the
interior surface of those materials.
20. "Cross connection" means any connection or arrangement between two otherwise separate
piping systems, one of which contains potable water and the other either water of unknown or
questionable safety or steam, gas, or chemical whereby there may be a flow from one system
to the other, the direction of flow depending on the pressure differential between the two
systems.
21. "CT" or "CT calc" means the product of residual disinfectant concentration (C) in milligrams
per liter determined before or at the first customer and the corresponding disinfectant contact
time (T) in minutes. If disinfectants are applied, at more than one point prior to the first
customer, the CT of each disinfectant sequence must be determined before or at the first
customer to determine the total percent inactivation or total inactivation ratio. In determining
the total inactivation ratio, the residual disinfectant concentration of each disinfection
sequence and the corresponding contact time must be determined before any subsequent

disinfection application points. CT ninety-nine and nine-tenths is the CT value required for
ninety-nine and nine-tenths percent (three-logarithm) inactivation of giardia lamblia cysts. CT
ninety-nine point nine values for a wide variety of disinfectants and conditions are set forth
under title 40 Code of Federal Regulations part 141, subpart H. CT calculated divided by CT
ninety-nine and nine-tenths is the inactivation ratio. The total inactivation ratio is determined
by adding together the inactivation ratio for each disinfection sequence. A total inactivation
ratio equal to or greater than one point zero is assumed to provide a three-logarithm
inactivation of giardia lamblia cysts.
22. "Department" means the department of environmental quality.
23. "Diatomaceous earth filtration" means a process resulting in substantial particulate removal in
which a precoat cake of diatomaceous earth filter media is deposited on a support membrane
or septum, and while the water is filtered by passing through the cake on the septum,
additional filter media known as body feed is continuously added to the feed water to maintain
the permeability of the filter cake.
24. "Direct filtration" means a series of processes including coagulation and filtration but excluding
sedimentation resulting in substantial particulate removal.
25. "Disinfectant" means any oxidant, including chlorine, chlorine dioxide, chloramines, and ozone
added to water in any part of the treatment or distribution process, that is intended to kill or
inactivate pathogenic microorganisms.
26. "Disinfectant contact time" (T in CT calculations) means the time in minutes that it takes for
water to move from the point of disinfectant application or the previous point of disinfectant
residual measurement to a point before or at the point where residual disinfectant
concentration (C) is measured. Where only one C is measured, T is the time in minutes that it
takes for water to move from the point of disinfectant application to a point before or at where
C is measured. Where more than one C is measured, T, for the first measurement of C, is the
time in minutes that it takes the water to move from the first or only point of disinfectant
application to a point before or at the point where the first C is measured. For subsequent
measurements of C, T is the time in minutes that it takes for water to move from the previous
C measurement point to the C measurement point for which the particular T is being
calculated. Disinfectant contact time in pipelines must be calculated by dividing the internal
volume of the pipe by the maximum hourly flow rate through that pipe. T within mixing basins
and storage reservoirs must be determined by tracer studies or an equivalent demonstration.
27. "Disinfection" means a process which inactivates pathogenic organisms in water by chemical
oxidants or equivalent agents.
28. "Disinfection profile" means a summary of daily giardia lamblia inactivation through the
treatment plant. The disinfection profile shall be developed as set forth under title 40 Code of
Federal Regulations part 141, subpart P (141.172) and subpart T (141.530-141.536).
29. "Domestic or other nondistribution system plumbing problem" means a coliform contamination
problem in a public water system with more than one service connection that is limited to the
specific service connection from which the coliform-positive sample was taken.
30. "Dual sample set" means a set of two samples collected at the same time and same location,
with one sample analyzed for total trihalomethanes (TTHM) and the other sample analyzed for
haloacetic acids five (HAA5). Dual sample sets are collected for the purpose of conducting an
initial distribution system evaluation (IDSE) under title 40 Code of Federal Regulations parts
141.600 to 141.605 inclusive, and determining compliance with the TTHM and HAA5 MCLs
under title 40 Code of Federal Regulations parts 141.620 to 141.629 inclusive.

31. "Effective corrosion inhibitor residual", for the purpose of title 40 Code of Federal Regulations
part 141, subpart I only, means a concentration sufficient to form a passivating film on the
interior walls of pipe.
32. "Enhanced coagulation" means the addition of sufficient coagulant for improved removal of
disinfection byproduct precursors by conventional filtration treatment.
33. "Enhanced softening" means the improved removal of disinfection byproduct precursors by
precipitative softening.
34. "Filter profile" means a graphical representation of individual filter performance based on
continuous turbidity measurements or total particle counts versus time for an entire filter run,
from startup to backwash inclusively, that includes an assessment of filter performance while
another filter is being backwashed.
35. "Filtration" means a process for removing particulate matter from water by passage through
porous media.
36. "Finished water" means water that is introduced into the distribution system of a public water
system and is intended for distribution and consumption without further treatment, except
treatment necessary to maintain water quality in the distribution system (e.g., booster
disinfection or addition of corrosion control chemicals).
37. "First draw sample" means a one-liter sample of tap water, collected in accordance with
title 40 Code of Federal Regulations part 141, section 141.86(b)(2), that has been standing in
plumbing pipes at least six hours and is collected without flushing the tap.
38. "Flocculation" means a process to enhance agglomeration or collection of smaller floc
particles into larger, more easily settleable particles through gentle stirring by hydraulic or
mechanical means.
39. "Flowing stream" means a course of running water flowing in a definite channel.
40. "Granular activated carbon ten" or "GAC10" means granular activated carbon filter beds with
an empty-bed contact time of ten minutes based on average daily flow and a carbon
reactivation frequency of every one hundred eighty days, except that the reactivation
frequency for GAC10 used as a best available technology for compliance with subpart V
MCLs under title 40 Code of Federal Regulations part 141.64(b)(2) shall be one hundred
twenty days.
41. "Granular activated carbon twenty" or "GAC20" means granular activated carbon filter beds
with an empty-bed contact time of twenty minutes based on average daily flow and a carbon
reactivation frequency of every two hundred forty days.
42. "Gross alpha particle activity" means the total radioactivity due to alpha particle emission as
inferred from measurements on a dry sample.
43. "Ground water under the direct influence of surface water" means any water beneath the
surface of the ground with significant occurrence of insects or other macroorganisms, algae,
or large-diameter pathogens such as giardia lamblia or cryptosporidium. Ground water under
the direct influence of surface water also means significant and relatively rapid shifts in water
characteristics such as turbidity, temperature, conductivity, or pH which closely correlate to
climatological or surface water conditions.
44. "Haloacetic acids five" or "HAA5" means the sum of the concentrations in milligrams per liter
of the haloacetic acid compounds monochloroacetic acid, dichloroacetic acid, trichloroacetic

acid, monobromoacetic acid, and dibromoacetic acid, rounded to two significant figures after
addition.
45. "Halogen" means one of the chemical elements chlorine, bromine, or iodine.
46. "Initial compliance period" means the first full compliance period that begins January 1, 1993,
during which public water systems must monitor for inorganic and organic chemicals excluding
lead, copper, trihalomethanes, and unregulated contaminants.
47. "Lake/reservoir" means a natural or manmade basin or hollow on the earth's surface in which
water collects or is stored that may or may not have a current or single direction of flow.
48. "Large water system", for the purpose of title 40 Code of Federal Regulations part 141,
subpart I only, means a water system that serves more than fifty thousand persons.
49. "Lead service line" means a service line made of lead that connects the water main to the
building inlet and any pigtail, gooseneck, or other fitting that is connected to a lead line.
50. "Legionella" means a genus of bacteria, some species of which have caused a type of
pneumonia called legionnaires disease.
51. "Level 1 assessment" means an evaluation to identify the possible presence of sanitary
defects, defects in distribution system coliform monitoring practices, and, when possible, the
likely reason that the system triggered the assessment. It is conducted by the system operator
or owner. Minimum elements include review and identification of atypical events that could
affect distributed water quality or indicate that distributed water quality was impaired; changes
in distribution system maintenance and operation that could affect distributed water quality,
including water storage; source and treatment considerations that bear on distributed water
quality, where appropriate, such as whether a ground water system is disinfected; existing
water quality monitoring data; and inadequacies in sample sites, sampling protocol, and
sampling processing. The system must conduct the assessment consistent with any state
directives that tailor specific assessment elements with respect to the size and type of the
system and the size, type, and characteristics of the distribution system.
52. "Level 2 assessment" means an evaluation to identify the possible presence of sanitary
defects, defects in distribution system coliform monitoring practices, and, when possible, the
likely reason that the system triggered the assessment. A level 2 assessment provides a more
detailed examination of the system, including the system's monitoring and operational
practices, than does a level 1 assessment through the use of more comprehensive
investigation and review of available information, additional internal and external resources,
and other relevant practices. It is conducted by an individual approved by the state, which may
include the system operator. Minimum elements include review and identification of atypical
events that could affect distributed water quality or indicate that distributed water quality was
impaired; changes in distribution system maintenance and operation that could affect
distributed water quality, including water storage; source and treatment considerations that
bear on distributed water quality, where appropriate, such as whether a ground water system
is disinfected; existing water quality monitoring data; and inadequacies in sample sites,
sampling protocol, and sample processing. The system must conduct the assessment
consistent with any state directives that tailor specific assessment elements with respect to the
size and type of the system and the size, type, and characteristics of the distribution system.
The system must comply with any expedited actions or additional actions required by the state
in the case of an E. coli MCL violation.
53. "Locational running annual average" or "LRAA" means the average of sample analytical
results for samples taken at a particular monitoring location during the previous four calendar
quarters.

54. "Maximum contaminant level" or "MCL" means the maximum permissible level of a
contaminant in water which is delivered to any user of a public water system.
55. "Maximum residual disinfectant level" or "MRDL" means a level of a disinfectant added for
water treatment that must not be exceeded at the consumer's tap without an unacceptable
possibility of adverse health effects.
56. "Maximum total trihalomethane potential" means the maximum concentration of total
trihalomethanes produced in a given water containing a disinfectant residual after seven days
at a temperature of twenty-five degrees Celsius [77 degrees Fahrenheit] or above.
57. "Medium-size water system", for the purpose of title 40 Code of Federal Regulations part 141,
subpart I only, means a water system that serves three thousand three hundred one to fifty
thousand persons.
58. "Membrane filtration" means a pressure-driven or vacuum-driven separation process in which
particulate matter larger than one micrometer is rejected by an engineered barrier, primarily
through a size-exclusion mechanism, and which has a measurable removal efficiency of a
target organism that can be verified through the application of a direct integrity test. This
definition includes the common membrane technologies of microfiltration, ultrafiltration,
nanofiltration, and reverse osmosis.
59. "Near the first service connection" means at one of the twenty percent of all service
connections in the entire system that are nearest the water supply treatment facility as
measured by water transport time within the distribution system.
60. "Noncommunity water system" means a public water system that is not a community water
system that primarily provides service to other than year-round residents. A noncommunity
water system is either a "nontransient noncommunity" or "transient noncommunity" water
system.
61. "Nontransient noncommunity water system" means a noncommunity water system that
regularly serves at least twenty-five of the same persons over six months per year.
62. "Optimal corrosion-control treatment", for the purpose of title 40 Code of Federal Regulations
part 141, subpart I only, means the corrosion-control treatment that minimizes the lead and
copper concentrations at users' taps while ensuring that the treatment does not cause the
water system to violate any national primary drinking water regulations.
63. "Person" means an individual, corporation, company, association, partnership, municipality, or
any other entity.
64. "Plant intake" means the works or structures at the head of a conduit through which water is
diverted from a source (e.g., river or lake) into the treatment plant.
65. "Point of disinfectant application" means the point where the disinfectant is applied and water
downstream of that point is not subject to recontamination by surface water runoff.
66. "Point-of-entry treatment device" means a treatment device applied to the drinking water
entering a house or building for the purpose of reducing contaminants in the drinking water
distributed throughout the house or building.
67. "Point-of-use treatment device" means a treatment device applied to a single tap used for the
purpose of reducing contaminants in drinking water at that one tap.

68. "Potable water" means water free from impurities in amounts sufficient to cause disease or
harmful physiological effects, with the physical, chemical, biological, or radiological quality
conforming to applicable maximum permissible contaminant levels.
69. "Presedimentation" means a preliminary treatment process used to remove gravel, sand, and
other particulate material from the source water through settling before the water enters the
primary clarification and filtration processes in a treatment plant.
70. "Product" means any chemical or substance added to a public water system, any materials
used in the manufacture of public water system components or appurtenances, or any pipe,
storage tank, valve, fixture, or other materials that come in contact with water intended for use
in a public water system.
71. "Public water system" means a system for the provision to the public of water for human
consumption through pipes or other constructed conveyances, if such system has at least
fifteen service connections or regularly serves at least twenty-five individuals sixty or more
days out of the year. A public water system includes any collection, treatment, storage, and
distribution facilities under control of the operator of the system and used primarily in
connection with the system; and, any collection or pretreatment storage facilities that are
not under control of the operator which are used primarily in connection with the system.
A public water system does not include systems that provide water through pipes or
constructed conveyances other than pipes that qualify for the exclusions set forth under
section 1401(4)(B)(i) and (ii) of the federal Safe Drinking Water Act [42 U.S.C. 300f(4)(B)(i)
and (ii)]. A public water system is either a "community" or a "noncommunity" water system.
72. "Repeat compliance period" means any subsequent compliance period after the initial
compliance period during which public water systems must monitor for inorganic and organic
chemicals excluding lead, copper, trihalomethanes, and unregulated contaminants.
73. "Residual disinfectant concentration" (C in CT calculations) means the concentration of
disinfectant measured in milligrams per liter in a representative sample of water.
74. "Sampling schedule" means the frequency required for submitting drinking water samples to a
certified laboratory for examination.
75. "Sanitary defect" means a defect that could provide a pathway of entry for microbial
contamination into the distribution system or that is indicative of a failure or imminent failure in
a barrier that is already in place.
76. "Sanitary survey" means an onsite review of the water source, facilities, equipment, operation,
and maintenance of a public water system for the purpose of evaluating the adequacy of such
source, facilities, equipment, operation, and maintenance for producing and distributing safe
drinking water.
77. "Seasonal system" means a noncommunity water system that is not operated as a public
water system on a year-round basis and starts up and shuts down at the beginning and end of
each operating season.
78. "Sedimentation" means a process for removal of solids before filtration by gravity or
separation.
79. "Service line sample" means a one-liter sample of water, collected in accordance with title 40
Code of Federal Regulations part 141, section 141.86(b)(3), that has been standing for at
least six hours in a service line.

80. "Single-family structure", for the purpose of title 40 Code of Federal Regulations part 141,
subpart I only, means a building constructed as a single-family residence that is currently used
either as a residence or a place of business.
81. "Slow sand filtration" means a process involving passage of raw water through a bed of sand
at low velocity resulting in substantial particulate removal by physical and biological
mechanisms.
82. "Small water system", for the purpose of title 40 Code of Federal Regulations part 141,
subpart I only, means a water system that serves three thousand three hundred or fewer
persons.
83. "Specific ultraviolet absorption" or "SUVA" means specific ultraviolet absorption at two
hundred fifty-four nanometers, an indicator of the humic content of water. It is a calculated
parameter obtained by dividing a sample's ultraviolet absorption at a wavelength of two
hundred fifty-four nanometers in meters to the minus one by its concentration of dissolved
organic carbon, the fraction of the total organic carbon that passes through a zero point four
five micrometer pore diameter filter, in milligrams per liter.
84. "Subpart H systems" means public water systems using surface water or ground water under
the direct influence of surface water as a source that are subject to the requirements of title 40
Code of Federal Regulations part 141, subpart H.
85. "Supplier of water" means any person who owns or operates a public water system.
86. "Surface water" means all water which is open to the atmosphere and subject to surface
runoff.
87. "System with a single service connection" means a system which supplies drinking water to
consumers with a single service line.
88. "Too numerous to count" means that the total number of bacterial colonies exceeds two
hundred on a forty-seven millimeter membrane filter used for coliform detection.
89. "Total organic carbon" means total organic carbon in milligrams per liter measured using heat,
oxygen, ultraviolet irradiation, chemical oxidants, or combinations of these oxidants that
convert organic carbon to carbon dioxide, rounded to two significant figures.
90. "Total trihalomethanes" means the sum of the concentration in milligrams per liter of the
trihalomethane compounds (trichloromethane [chloroform], dibromochloromethane,
bromodichloromethane, and tribromomethane [bromoform]), rounded to two significant
figures.
91. "Transient noncommunity water system" means a noncommunity water system that primarily
provides service to transients.
92. "Trihalomethane" means one of the family of organic compounds, named as derivatives of
methane, wherein three of the four hydrogen atoms in methane are each substituted by a
halogen atom in the molecular structure.
93. "Two-stage lime softening" means a process in which chemical addition and hardness
precipitation occur in each of two distinct unit clarification processes in series prior to filtration.
94. "Uncovered finished water storage facility" means a tank, reservoir, or other facility used to
store water that will undergo no further treatment except residual disinfection and is open to
the atmosphere.

95. "Virus" means a virus of fecal origin which is infectious to humans by waterborne
transmission.
96. "Water system" means all sources of water and their surroundings and includes all structures,
conducts, and appurtenances by means of which the water is collected, treated, stored, or
delivered.
97. "Waterborne disease outbreak" means the significant occurrence of acute infectious illness,
epidemiologically associated with the ingestion of water from a public water system which is
deficient in treatment, as determined by the appropriate local or state agency.
98. "Wholesale system" means a public water system that treats source water as necessary to
produce finished water and then delivers some or all of that finished water to another public
water system. Delivery may be through a direct connection or through the distribution system
of one or more consecutive systems.
History: Effective January 1, 2019.
General Authority: NDCC 61-28.1-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 61-28.1-02, 61-28.1-03; S.L. 2017, ch. 199, §§ 68, 69
### § 33.1-17-01-03. Coverage.

This chapter applies to all public water systems except those public water systems which meet all
of the following conditions:
1. Consists only of distribution and storage facilities and does not have any collection and
treatment facilities;
2. Obtains all of its water from, but is not owned or operated by, a public water system to which
these regulations apply;
3. Does not sell water to any person; and
4. Is not a carrier which conveys passengers in interstate commerce.
History: Effective January 1, 2019.
General Authority: NDCC 61-28.1-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 61-28.1-03; S.L. 2017, ch. 199, § 69
### § 33.1-17-01-04. Designated responsible individuals.

The owner or operating entity of each public water system shall designate an individual, or
individuals, who shall be responsible for communicating with the department in matters relating to
system construction or alteration, monitoring and sampling, maintenance, operation, recordkeeping,
and reporting required by these regulations. Any changes in designated individuals or assigned
responsibilities shall be promptly reported to the department.
History: Effective January 1, 2019.
General Authority: NDCC 61-28.1-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 61-28.1-03; S.L. 2017, ch. 199, § 69
### § 33.1-17-01-05. Approved laboratories and analytical procedures.

All samples shall be examined by the department or by any other laboratory certified by the
department for drinking water purposes, except that measurements for turbidity and free chlorine may
be performed by any person deemed qualified by the department. Turbidity measurements shall be
made by a nephelometric method approved by the department. All methods of sample preservation and

analyses shall be as prescribed by the department and set forth under title 40 Code of Federal
Regulations part 141.
History: Effective January 1, 2019.
General Authority: NDCC 61-28.1-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 61-28.1-03, 61-28.1-07; S.L. 2017, ch. 199, § 69
### § 33.1-17-01-06. Maximum contaminant levels, action levels, treatment technique

requirements, and maximum residual disinfectant levels.
1. Inorganic chemicals. The maximum contaminant levels, action levels, and treatment
technique requirements for inorganic chemical contaminants excluding disinfection byproducts
shall be as prescribed by the department and set forth under title 40 Code of Federal
Regulations, part 141 subpart G.
Antimony 0.006
Arsenic 0.010
Asbestos 7 million fibers per liter
(longer than ten
micrometers)
Barium 2
Beryllium 0.004
Cadmium 0.005
Chromium 0.1
Copper The 90th percentile level Source water and corrosion
must be less than or control treatment
equal to 1.3
Cyanide (as free cyanide) 0.2
Fluoride 4.0
Lead The 90th percentile level Source water and corrosion
must be less than or control treatment, public
equal to 0.015 education, and lead service
line replacement
Mercury 0.002
Nickel 0.1
Nitrate (as N) 10
Nitrite (as N) 1
Selenium 0.05
Thallium 0.002
Total Nitrate and Nitrite (as N) 10
At the discretion of the department, nitrate levels not to exceed twenty milligrams per liter may
be allowed in a noncommunity water system if the supplier of water demonstrates to the
satisfaction of the department that:
a. Such water will not be available to children under six months of age;

b. There will be continuous posting of the fact that nitrate levels exceed ten milligrams per
liter and the potential health effect of exposure;
c. Local and state public health authorities will be notified annually of nitrate levels that
exceed ten milligrams per liter; and
d. No adverse health effects shall result.
2. Organic chemicals. The maximum contaminant levels and treatment technique requirements
for organic chemical contaminants excluding disinfection byproducts and disinfection
byproduct precursors shall be as prescribed by the department and set forth under title 40
Code of Federal Regulations part 141, subpart G.
Nonvolatile Synthetic Organic Chemicals:
Acrylamide The combination (or product) of
dose and monomer level may not
exceed 0.05 percent dosed at
1 part per million (or equivalent)
Alachlor 0.002
Atrazine 0.003
Benzo (a) pyrene 0.0002
Carbofuran 0.04
Chlordane 0.002
Dalapon 0.2
Dibromochloropropane (DBCP) 0.0002
Di (2-ethylhexyl) adipate 0.4
Di (2-ethylhexyl) phthalate 0.006
Dinoseb 0.007
Diquat 0.02
Endothall 0.1
Endrin 0.002
Epichlorohydrin The combination (or product) of
dose and monomer level may not
exceed 0.01 percent dosed at
20 parts per million (or equivalent)
Ethylene dibromide (EDB) 0.00005
Glyphosate 0.7
Heptachlor 0.0004
Heptachlor epoxide 0.0002
Hexachlorobenzene 0.001
Hexachlorocyclopentadiene 0.05
Lindane 0.0002
Methoxychlor 0.04
Oxamyl (Vydate) 0.2
Polychlorinated biphenyls (PCBs) 0.0005
Pentachlorophenol 0.001

Picloram 0.5
Simazine 0.004
Toxaphene 0.003
2,3,7,8-TCDD (Dioxin) 0.00000003
2,4-D 0.07
2,4,5-TP Silvex 0.05
Volatile Synthetic Organic Chemicals:
Benzene 0.005
Carbon tetrachloride 0.005
p-Dichlorobenzene 0.075
o-Dichlorobenzene 0.6
1,2-Dichloroethane 0.005
1,1-Dichloroethylene 0.007
cis-1,2-Dichloroethylene 0.07
trans-1,2-Dichloroethylene 0.1
Dichloromethane 0.005
1,2-Dichloropropane 0.005
Ethylbenzene 0.7
Monochlorobenzene 0.1
Styrene 0.1
Tetrachloroethylene 0.005
Toluene 1
1,2,4-Trichlorobenzene 0.07
1,1,1-Trichloroethane 0.2
1,1,2-Trichloroethane 0.005
Trichloroethylene 0.005
Vinyl chloride 0.002
Xylenes (total) 10
3. Filtration and disinfection treatment.
a. General requirements. All subpart H systems that utilize surface water sources shall
provide filtration and disinfection treatment. All subpart H systems that utilize ground
water sources deemed by the department to be under the direct influence of surface
water shall provide disinfection treatment and shall either comply with filtration avoidance
criteria or provide filtration treatment.
b. Treatment technique requirements. The department hereby identifies filtration and
disinfection as treatment techniques to protect against the potential adverse health
effects of exposure to giardia lamblia, cryptosporidium, legionella, viruses, heterotrophic
plate count bacteria, and turbidity. The treatment techniques apply only to subpart H
systems. Subpart H systems that serve ten thousand or more persons shall be deemed
to be in compliance with the treatment techniques if the requirements set forth under
title 40 Code of Federal Regulations part 141, subparts H and P, are met. Subpart H
systems that serve fewer than ten thousand persons shall be deemed to be in
compliance with the treatment techniques if the requirements set forth under title 40
Code of Federal Regulations part 141, subpart H, are met.

4. Radioactivity. The maximum contaminant levels for radioactivity are as follows:
Combined radium-226 and radium-228 5 picocuries per liter (pCi/L)
Gross alpha particle activity (including 15 picocuries per liter (pCi/L)
radium-226, but excluding radon and uranium)
Uranium 30 micrograms per liter (ug/L)
5. Microbiological. The treatment technique triggers, treatment technique violations, E. coli
maximum contaminant level violations, and monitoring violations are as follows:
a. Treatment technique triggers. A system must conduct assessments, in accordance with
the requirements under title 40 Code of Federal Regulations part 141, subpart Y after
exceeding the following treatment technique triggers:
(1) Level 1 treatment technique triggers.
(a) A system, which collects forty or more samples per month, exceeds
5.0 percent total coliform-positive samples per month.
(b) A system, which collects less than forty samples per month, has two or more
total coliform-positive samples per month.
(c) A system fails to take all required repeat samples following a total
coliform-positive sample.
(2) Level 2 treatment technique triggers.
(a) A system incurs an E. coli maximum contaminant level violation, as specified in
title 40 Code of Federal Regulations part 141, subpart Y.
(b) A system has a second level 1 trigger, as specified in title 40 Code of Federal
Regulations part 141, subpart Y, within a rolling twelve-month period unless the
department has determined why the samples that caused the first level 1
treatment technique trigger were total coliform positive and has determined
that the system has corrected the problem.
b. Treatment technique violations. A system has a treatment technique violation when any
of the following conditions occur:
(1) A system exceeds a treatment technique trigger and then fails to conduct the
required assessment or corrective actions within the required timeframe as specified
in title 40 Code of Federal Regulations part 141, subpart Y.
(2) A seasonal system fails to complete a state-approved start-up procedure before
serving water to the public.
c. E. coli maximum contaminant level violations. A system is in violation of the maximum
contaminant level for E. coli when any of the following conditions occur:
(1) A system has an E. coli-positive repeat sample following a total coliform-positive
routine sample.

(2) A system has a total coliform-positive repeat sample following an E. coli-positive
routine sample.
(3) A system fails to take all required repeat samples following an E. coli-positive
routine sample.
(4) A system fails to analyze for E. coli bacteria when any repeat sample tests positive
for total coliform bacteria.
d. Monitoring violations. A system incurs a monitoring violation if any of the following
conditions occur:
(1) A system fails to take every required routine sample in a compliance period.
(2) A system fails to analyze for E. coli following a total coliform-positive routine sample.
e. The department hereby identifies the following as the best technology, treatment
techniques, or other means generally available for achieving compliance with the
treatment technique triggers and E. coli maximum contaminant level: protection of wells
from contamination by appropriate placement and construction; maintenance of a
disinfection residual throughout the distribution system; proper maintenance of the
distribution system including appropriate pipe replacement and repair procedures,
cross-connection control programs, main flushing programs, proper operation and
maintenance of storage tanks and reservoirs, and continual maintenance of a positive
water pressure in all parts of the distribution system; filtration and disinfection or
disinfection of surface water and disinfection of ground water using strong oxidants such
as chlorine, chlorine dioxide, or ozone; and the development and implementation of a
department-approved wellhead protection program.
6. Disinfectants. The maximum residual disinfectant levels for disinfectants are as follows:
Chlorine 4.0 as free chlorine
Chloramines 4.0 as combined chlorine
Chlorine dioxide 0.8 as chlorine dioxide
The department identifies the following as the best technology, treatment techniques, or other
means available for achieving compliance with the maximum residual disinfectant levels:
control of treatment processes to reduce disinfectant demand and control of disinfection
treatment processes to reduce disinfectant levels.
7. Disinfection byproducts. The maximum contaminant levels for total trihalomethanes,
haloacetic acids five, bromate, and chlorite are as follows:
Total trihalomethanes 0.080
Haloacetic acids five 0.060
Bromate 0.010
Chlorite 1.0

The department identifies the following as the best technology, treatment techniques, or other
means available for achieving compliance with the maximum contaminant level for total
trihalomethanes and the maximum contaminant levels for haloacetic acids five, bromate, and
chlorite: for total trihalomethanes and haloacetic acids five, enhanced coagulation, enhanced
softening, or granular activated carbon ten with chlorine as the primary and residual
disinfectant; for bromate, control of the ozone treatment process to reduce production of
bromate; and for chlorite, control of treatment processes to reduce disinfectant demand and
control of disinfection treatment processes to reduce disinfectant levels. All best available
technology and compliance shall be prescribed by the department and set forth under title 40
Code of Federal Regulations part 141.64.
8. Disinfection byproduct precursors. The department hereby identifies enhanced coagulation
and enhanced softening as treatment techniques to control the level of disinfection byproduct
precursors in drinking water treatment and distribution systems. The treatment techniques
apply only to subpart H community and nontransient noncommunity water systems that use
conventional treatment. Such systems shall be deemed to be in compliance with the treatment
techniques if the requirements set forth under title 40 Code of Federal Regulations part 141,
subpart L, are met.
9. Confirmation sampling. The department may require confirmation samples and average
confirmation sample results with initial sample results to determine compliance. At the
discretion of the department, sample results due to obvious monitoring errors may be deleted
prior to determining compliance.
History: Effective January 1, 2019.
General Authority: NDCC 61-28.1-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 61-28.1-03; S.L. 2017, ch. 199, § 69
### § 33.1-17-01-07. Inorganic chemical sampling and monitoring requirements.

1. Sampling frequency for community and nontransient noncommunity water systems.
a. Inorganics excluding lead and copper. Community and nontransient noncommunity water
systems shall conduct monitoring to determine compliance with the maximum
contaminant levels for the inorganic chemicals, excluding lead and copper, as set forth
under title 40 Code of Federal Regulations part 141, subpart C.
b. Lead and copper. Community and nontransient noncommunity water systems shall
comply with the monitoring and treatment technique requirements for lead and copper
set forth under title 40 Code of Federal Regulations part 141, subpart I.
c. Unregulated contaminants. Community and nontransient noncommunity water systems
shall monitor for sulfate as set forth under title 40 Code of Federal Regulations part 141,
subpart E.
d. Monitoring waivers. With the exception of arsenic, copper, lead, nitrate, and nitrite, the
department may grant community and nontransient noncommunity water systems
waivers from the monitoring requirements for the inorganic chemicals as set forth under
title 40 Code of Federal Regulations part 141, subparts C and E. The department may
issue monitoring waivers only if the conditions set forth under title 40 Code of Federal
Regulations part 142, subpart B, are fully met.
2. Sampling frequency for transient noncommunity water systems. Transient noncommunity
water systems shall conduct monitoring to determine compliance with the maximum
contaminant levels for nitrate and nitrite as set forth under title 40 Code of Federal
Regulations part 141, subpart C.

History: Effective January 1, 2019.
General Authority: NDCC 61-28.1-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 61-28.1-03; S.L. 2017, ch. 199, § 69
### § 33.1-17-01-08. Organic chemical sampling and monitoring requirements.

1. Volatile and nonvolatile synthetic organic chemicals.
a. Coverage. Community and nontransient noncommunity water systems shall conduct
monitoring to determine compliance with the maximum contaminant levels for the volatile
and nonvolatile synthetic organic chemicals.
b. Sampling frequency. The number and frequency of samples shall be as prescribed by the
department and set forth under title 40 Code of Federal Regulations part 141, subpart C.
c. Compliance. Compliance for each point that is sampled shall be prescribed by the
department and set forth under title 40 Code of Federal Regulations part 141, subpart C.
2. Unregulated contaminants.
a. Coverage. Community and nontransient noncommunity water systems shall monitor for
unregulated organic contaminants.
b. Monitoring requirements. Systems shall monitor for unregulated organic contaminants as
set forth under title 40 Code of Federal Regulations part 141, subpart E.
3. Monitoring waivers. With the exception of acrylamide and epichlorohydrin, the department
may grant community and nontransient noncommunity water systems waivers from the
monitoring requirements for the organic chemicals as set forth under title 40 Code of Federal
Regulations part 141, subpart C. The department may issue waivers only if the conditions set
forth under title 40 Code of Federal Regulations part 142, subpart B, are fully met.
History: Effective January 1, 2019.
General Authority: NDCC 61-28.1-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 61-28.1-03; S.L. 2017, ch. 199, § 69
### § 33.1-17-01-08.1. Disinfectants, disinfectant residuals, disinfection byproducts, and

disinfection byproduct precursors.
Public water systems shall conduct monitoring to determine compliance with maximum
contaminant levels, maximum residual disinfectant levels, and treatment technique requirements for
disinfectants, disinfectant residuals, disinfection byproducts, and disinfection byproduct precursors as
set forth under title 40 Code of Federal Regulations part 141, subparts L and V. Public water systems
shall also comply with the requirements for conducting an initial distribution system evaluation as set
forth under title 40 Code of Federal Regulations part 141, subpart U.
History: Effective January 1, 2019.
General Authority: NDCC 61-28.1-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 61-28.1-03; S.L. 2017, ch. 199, § 69
### § 33.1-17-01-09. Filtration and disinfection treatment sampling and monitoring requirements.

1. Coverage. All subpart H systems shall conduct monitoring to determine compliance with the
treatment technique requirements for filtration and disinfection.
2. Systems utilizing surface water sources. All subpart H systems that utilize surface water
sources shall comply with the turbidity and residual disinfectant concentration sampling and
monitoring requirements set forth under title 40 Code of Federal Regulations part 141,

subpart H. Those systems serving ten thousand or more persons shall also comply with the
disinfection profiling and benchmarking requirements set forth under title 40 Code of Federal
Regulations part 141, subpart P. Those systems that serve ten thousand or more persons and
provide conventional filtration treatment or direct filtration shall also comply with the individual
filter sampling and monitoring requirements set forth under title 40 Code of Federal
Regulations part 141, subpart P. Those systems serving fewer than ten thousand persons
shall also comply with the requirements set forth under title 40 Code of Federal Regulations
part 141, subpart T and the Federal Register volume 69, number 124, Tuesday, June 29,
2004, pages 38850-38857.
3. Systems utilizing ground water sources under the direct influence of surface water. The
following sampling and monitoring requirements apply to subpart H systems that utilize ground
water sources deemed by the department to be under the direct influence of surface water:
a. All systems that provide filtration treatment shall comply with the turbidity and residual
disinfectant concentration sampling and monitoring requirements set forth under title 40
Code of Federal Regulations part 141, subpart H. Those systems serving ten thousand
or more persons shall also comply with the disinfection profiling and benchmarking
requirements set forth under title 40 Code of Federal Regulations part 141, subpart P.
Those systems that serve ten thousand or more persons and provide conventional
filtration treatment or direct filtration shall also comply with the individual filter sampling
and monitoring requirements set forth under title 40 Code of Federal Regulations
part 141, subpart P. Those systems serving fewer than ten thousand persons shall also
comply with the requirements set forth under title 40 Code of Federal Regulations part
141, subpart T and the Federal Register volume 69, number 124, Tuesday, June 29,
2004, pages 38850-38857.
b. All systems that do not provide filtration treatment shall comply with the filtration
avoidance criteria and applicable disinfection sampling and monitoring requirements set
forth under title 40 Code of Federal Regulations part 141, subpart H. Those systems
serving ten thousand or more persons shall also comply with the disinfection profiling and
benchmarking requirements and the filtration avoidance criteria set forth under title 40
Code of Federal Regulations part 141, subpart P. Those systems serving fewer than ten
thousand persons shall also comply with the requirements set forth under title 40 Code of
Federal Regulations part 141, subpart T and the Federal Register volume 69, number
124, Tuesday, June 29, 2004, pages 38850-38857.
4. Recycle provisions. All subpart H systems that utilize conventional filtration or direct filtration
treatment and that recycle spent filter backwash water, thickener supernatant, or liquids from
dewatering processes must meet the requirements as prescribed by the department and set
forth under title 40 Code of Federal Regulations part 141.76, subpart H.
5. Enhanced treatment for cryptosporidium. All public water systems that utilize a surface water
source or a ground water source under the direct influence of surface water shall meet the
treatment technique requirements for cryptosporidium set forth under title 40 Code of Federal
Regulations part 141, subpart W. These requirements are in addition to requirements found in
title 40 Code of Federal Regulations part 141, subparts H, P, and T.
History: Effective January 1, 2019.
General Authority: NDCC 61-28.1-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 61-28.1-03; S.L. 2017, ch. 199, § 69

### § 33.1-17-01-10. Radioactivity monitoring and compliance.

Community water systems shall sample for gross alpha particle activity, radium-226, radium-228,
and uranium. Monitoring frequency and compliance shall be as prescribed by the department and set
forth under title 40 Code of Federal Regulations parts 141.26 and 141.66.
History: Effective January 1, 2019.
General Authority: NDCC 61-28.1-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 61-28.1-03; S.L. 2017, ch. 199, § 69
### § 33.1-17-01-11. Microbiological sampling and monitoring requirements.

1. Monitoring requirements.
a. General. The provisions set forth under title 40 Code of Federal Regulations part 141,
subpart Y, include both the maximum contaminant level and treatment technique
requirements for all public water systems.
b. Sample siting plans. All total coliform samples must be collected according to a written
sample siting plan. Systems must develop a written sample siting plan that identifies the
sample collection schedule and sampling sites that are representative of the water
throughout the distribution system. This plan must be submitted to the department. The
plan is subject to department review and revisions. Routine, repeat, and any sampling
sites necessary to meet the requirements specified under title 40 Code of Federal
Regulations part 141, subparts S and Y must be shown on the plan.
(1) The routine samples must be collected at regular time intervals throughout the
month except that systems using ground water and serving four thousand nine
hundred people or less may collect all of the required samples on a single day if the
samples are collected from different sites.
(2) Systems must take at least the minimum number of required samples even if the
system has had an E. coli maximum contaminant level violation or has exceeded
the coliform treatment technique triggers as specified in title 40 Code of Federal
Regulations part 141, subpart Y.
(3) Systems may take more than the minimum number of required routine samples and
these results must be used to determine whether a coliform treatment technique
trigger has been exceeded as specified in title 40 Code of Federal Regulations
part 141, subpart Y. All routine and repeat total coliform samples must be taken in
accordance with the existing sample siting plan.
(4) Repeat monitoring locations must be identified in the sample siting plan. The repeat
samples must be collected at the following locations, unless the provisions of
paragraphs (b)(5)(a) or (b)(5)(b) are met:
(a) At least one repeat sample must be collected from the original sampling site
that was total coliform-positive.
(b) At least one repeat sample must be collected from a site within five service
connections upstream of the original total coliform-positive sampling site.
(c) At least one repeat sample must be collected from a site within five service
connections downstream of the original total coliform-positive sampling site.
(5) If the original total coliform-positive sampling site is at or one away from the end of
the distribution system the department may waive the requirement to collect at least

one repeat sample upstream or downstream of the original total coliform-positive
sampling site. The system must still take all required repeat samples. However, the
department may allow alternate sampling locations other than the upstream or
downstream sites. Systems required to conduct triggered source water monitoring
as set forth under title 40 Code of Federal Regulations part 141, subpart S, must
take ground water source samples in addition to the required repeat sampling.
(a) Systems may elect to identify alternative fixed repeat locations or criteria for
selecting repeat sampling sites on a case-by-case basis in a standard
operating procedure. These repeat monitoring locations should be indicative of
a pathway for contamination of the distribution system. The department shall
review the alternative repeat monitoring locations to verify and determine the
extent of potential contamination of the distribution system at the specific
alternative repeat monitoring location. The department shall review the
alternative repeat monitoring locations as needed.
(b) Ground water systems which serve one thousand or fewer persons may
propose repeat sampling locations that differentiate potential source water and
distribution system contamination, such as by sampling at entry points to the
distribution system. A ground water system with a single well required to
conduct triggered source water monitoring may, with the approval of the
department, take one of its repeat samples at the triggered source water
monitoring location as set forth under title 40 Code of Federal Regulations part
141.402(a), subpart S. The system must demonstrate, to the department's
satisfaction, the sample siting plan remains representative of water quality in
the distribution system. If approved by the department, the system may use
that sample result to meet the monitoring requirements as set forth under
title 40 Code of Federal Regulations part 141.402(a), subpart S and under
title 40 Code of Federal Regulations part 141.853(a)(5)(ii), subpart Y.
[1] If a repeat sample is taken at a triggered source water monitoring location
and is positive for E. coli bacteria, the system has violated the E. coli
maximum contaminant level and must also comply with title 40 Code of
Federal Regulations part 141.402(a)(3), subpart S. If a system takes more
than one repeat sample at the triggered source water monitoring location,
the system may reduce the number of additional source water samples
required under title 40 Code of Federal Regulations part 141.402(a)(3),
subpart S by the number of repeat samples taken at that location that
were not positive for E. coli bacteria.
[2] If more than one repeat sample is taken at a triggered source water
monitoring location under title 40 Code of Federal Regulations part
141.402(a), subpart S and more than one repeat sample is positive for
E. coli bacteria, the system has violated the E. coli maximum contaminant
level and must also comply with title 40 Code of Federal Regulations part
141.403(a)(1), subpart S.
[3] If all repeat samples taken at a triggered source water monitoring location
are E. coli-negative and a repeat sample that is taken at a monitoring
location other than the triggered source water monitoring location is
E. coli-positive, the system has violated the E. coli maximum contaminant
level, but is not required to comply with title 40 Code of Federal
Regulations part 141.402(a)(3), subpart S.

(6) Any alternative repeat monitoring locations or triggered source water monitoring
locations as specified under title 40 Code of Federal Regulations part 141,
subpart Y and under title 40 Code of Federal Regulations part 141, subpart S, will
be reviewed and approved by the department. When using these sites, the system
must demonstrate that the sample siting plan remains representative of the water
quality in the distribution system. It may be determined that monitoring at the entry
point to the distribution system, such as for undisinfected ground water systems, is
an effective way to differentiate between potential source water and distribution
system problems.
c. Special purpose samples. Special purpose samples, such as those taken to determine
whether disinfection practices following pipe placement, replacement, or repair are
sufficient, and samples invalidated by the department or laboratory, must not be used to
determine whether the coliform treatment technique trigger has been exceeded as
specified under title 40 Code of Federal Regulations part 141, subpart Y. Repeat samples
taken in accordance with title 40 Code of Federal Regulations part 141, subpart Y are not
considered special purpose samples and must be used to determine whether the
coliform treatment technique trigger has been exceeded.
d. Invalidation of total coliform samples. Any total coliform-positive samples invalidated
under title 40 Code of Federal Regulations part 141, subpart Y, do not count towards
meeting the minimum monitoring requirements.
The department may invalidate a total coliform-positive sample only if one of the
following conditions is met:
(1) The laboratory establishes the total coliform-positive result was caused by improper
sample analysis.
(2) The department determines, based upon the results of the repeat samples as
required under title 40 Code of Federal Regulations part 141, subpart Y, that the
total coliform-positive sample resulted from a domestic or other nondistribution
system problem. This provision applies only to systems that have more than one
service connection and only if:
(a) All repeat samples collected at the same site as the original total
coliform-positive sample are also total coliform-positive; and
(b) All repeat samples collected at a location other than the original total
coliform-positive sample site are total coliform-negative.
(3) The department may determine that substantial grounds exist to indicate that the
total coliform-positive result was due to a circumstance or condition not reflective of
the water quality in the distribution system. The system must still collect all repeat
samples and use them to determine whether a coliform treatment technique trigger
has been exceeded as specified under title 40 Code of Federal Regulations
part 141, subpart Y. To invalidate a total coliform-positive sample under this
provision, the decision and supporting paperwork must be documented in writing
and approved and signed by the supervisor of the state official who recommended
the decision. The department shall make this document available to the
environmental protection agency and to the public. The written documentation must
state the specific cause of the total coliform-positive sample and what action the
system has or will take to correct the problem. Invalidation may not be based soley
on the grounds that all repeat samples are total coliform-negative.

A laboratory must invalidate a total coliform sample, unless total coliforms are detected,
only if one of the following conditions is met:
(1) The sample produces a turbid culture in the absence of gas production using an
analytical technique where gas formation is examined, such as the multiple-tube
fermentation technique;
(2) The sample produces a turbid culture in the absence of an acid reaction in the
presence-absence coliform test; or
(3) The sample exhibits confluent growth or produces colonies too numerous to count
with an analytical technique using a membrane filter, such as membrane filter
technique.
Systems must collect a replacement sample for total coliform bacteria analysis from the
same location as the original sample if the original sample is invalidated by the
department or laboratory. Replacement samples must be collected within twenty-four
hours of notification by the department or laboratory and submitted for total coliform
analysis. The system must continue to resample within twenty-four hours and have the
sample analyzed for total coliforms until a valid result is obtained. The department may
waive the twenty-four hour time limit on a case-by-case basis.
Criteria the department may implement for waiving the twenty-four hour sampling time
frame includes the following:
(1) Laboratory closures; or
(2) Mail delivery issues.
2. Monitoring frequency.
a. General. All public water systems shall sample for total coliform bacteria in each calendar
month that the system provides water to the public. The number of samples required
must be determined by the population served by the system. The population range of
twenty-five to one thousand includes public water systems which have at least fifteen
service connections, but that serve less than twenty-five persons.
25 to 1,000 1
1,001 to 2,500 2
2,501 to 3,300 3
3,301 to 4,100 4
4,101 to 4,900 5
4,901 to 5,800 6
5,801 to 6,700 7
6,701 to 7,600 8
7,601 to 8,500 9
8,501 to 12,900 10
12,901 to 17,200 15
17,201 to 21,500 20

21,501 to 25,000 25
25,001 to 33,000 30
33,001 to 41,000 40
41,001 to 50,000 50
50,001 to 59,000 60
59,001 to 70,000 70
70,001 to 83,000 80
83,001 to 96,000 90
96,001 to 130,000 100
130,001 to 220,000 120
220,001 to 320,000 150
320,001 to 450,000 180
450,001 to 600,000 210
600,001 to 780,000 240
780,001 to 970,000 270
970,001 to 1,230,000 300
1,230,001 to 1,520,000 330
1,520,001 to 1,850,000 360
1,850,001 to 2,270,000 390
2,270,001 to 3,020,000 420
3,020,001 to 3,960,000 450
3,960,001 or more 480
Following any total coliform-positive sample taken, systems must comply with the repeat
monitoring requirements and E. coli analytical requirements as specified in title 40 Code
of Federal Regulations part 141, subpart Y.
As set forth under title 40 Code of Federal Regulations part 141, subpart Y, once all
routine and repeat monitoring for a calendar month has been completed, either the
system or the department must determine whether any coliform treatment technique
triggers have been exceeded. The system must complete any assessments associated
to the triggers.
b. Seasonal noncommunity water systems. All seasonal noncommunity water systems,
including systems that keep the distribution system pressurized year-round must
complete a state-approved start-up procedure. Start-up procedures may include source
and distribution system disinfection and collection and analysis of water samples for total
coliform bacteria. The system must certify back to the department, within fourteen days of
opening, the start-up procedure was completed.
c. Unfiltered subpart H systems. At the discretion of the department, systems that use
surface water or ground water under the direct influence of surface water that do not filter
in compliance with title 40 Code of Federal Regulations part 141, subparts H, P, T, and W
must collect at least one sample for total coliform bacteria analysis near the first service
connection each day that the turbidity level of the source water exceeds one

nephelometric turbidity unit as specified in title 40 Code of Federal Regulations part 141,
subpart H. The sample must be collected within twenty-four hours of the first exceedance
unless the department determines that the system, due to logistical or other problems
beyond its control, cannot have the sample analyzed within thirty hours of collection. The
system must identify an alternative sample collection schedule. The sample result must
be included in determining whether the coliform treatment technique trigger has been
exceeded as specified under title 40 Code of Federal Regulations part 141, subpart Y.
3. Repeat monitoring and E. coli requirements.
a. Repeat monitoring. If a routine sample collected under the requirements specified in
title 40 Code of Federal Regulations part 141, subpart Y is total coliform-positive, a
system must collect no fewer than a set of three repeat samples for total coliform
bacteria analysis for each total coliform-positive routine sample. The system must collect
the set of repeat samples within twenty-four hours of being notified by the department or
the laboratory of the positive total coliform sample. The department may extend the
twenty-four hour time limit on a case-by-case basis if the system has a logistical problem
or other problems beyond the system's control. The department may choose criteria for
the system to use in lieu of the case-by-case decisions. The department shall specify to
the system the time frame for collecting the repeat samples. The department may not
waive the requirement to collect repeat samples under these provisions.
All repeat samples must be collected on the same day except that the department may
allow systems with a single service connection to:
(1) Collect the required set of repeat samples over a three-day period; or
(2) Collect a larger volume repeat sample in one or more sample containers of any size
as long as the total volume collected is at least three hundred milliliters.
If one or more repeat samples in the set of required repeat samples is total
coliform-positive, an additional set of repeat samples must be collected, within
twenty-four hours unless the department extends the twenty-four hour time frame,
meeting the requirements set forth under title 40 Code of Federal Regulations part 141,
subpart Y. Additional sets of repeat samples must be collected until no total coliform
bacteria are detected in one complete set or the department determines a coliform
treatment technique trigger as specified in title 40 Code of Federal Regulations part 141,
subpart Y, has been exceeded as a result of a repeat sample being total
coliform-positive. If a coliform treatment technique trigger, as identified in this provision,
has been exceeded as a result of a routine sample being total coliform-positive, the
system only needs to conduct one round of repeat monitoring for each total
coliform-positive routine sample. The system shall report to the department and notify the
public when an E. coli maximum contaminant level is exceeded.
After a system collects a routine sample and before it learns the results of that sample, if
the system collects another routine sample from within five adjacent service connections
of the first sample, and the first sample, after analysis, is found to contain total coliform
bacteria, the system may count the subsequent sample as a repeat sample instead of a
routine sample.
All routine and repeat results taken under title 40 Code of Federal Regulations part 141,
subpart Y, and not invalidated by the department or laboratory, must be used to
determine whether a coliform treatment technique trigger, under the provision stated
above, has been exceeded.

b. E. coli testing. A system must analyze each total coliform-positive routine or repeat
sample for E. coli bacteria. The system must notify the department by the end of the
business day or by the end of the next business day if the department offices are closed
of a positive E. coli bacteria result. The department or laboratory will not forgo E. coli
testing on any total coliform-positive bacteria sample.
4. Assessment requirements.
a. Level 1 assessment. A level 1 assessment must be performed as soon as possible when
a system exceeds a level 1 treatment technique trigger as specified in title 40 Code of
Federal Regulations part 141, subpart Y.
A level 1 assessment must be conducted by the water system operator or by a
consultation, such as a phone interview or onsite visit, with the department.
When completing the level 1 assessment, the system must describe sanitary defects
found, what corrective actions were completed, the proposed time frame for any
remaining corrective actions that need to be addressed, and any other department
directives that may be required. The system may note on the assessment form that no
sanitary defects were identified.
Within thirty days after learning of a treatment technique trigger exceedance, the system
must submit a completed level 1 assessment form to the department. The department
may extend the thirty-day time frame on a case-by-case basis.
The department shall review the completed level 1 assessment and determine if the
assessment is sufficient. The assessment form must include proposed time frames for
any corrective actions not completed. If the department determines the level 1
assessment not to be sufficient, the department shall consult with the system. If the
department requires any revisions to the level 1 assessment, the system must submit, to
the department, a revised level 1 assessment form on an agreed-upon schedule that will
not exceed thirty days from the date of the consultation.
The department shall review the completed assessment form and determine if the cause
of the level 1 assessment was found. If the cause of the level 1 assessment was found,
the system must describe how the problem was corrected. The department shall
determine on a case-by-case basis the schedule for any corrective actions that need to
be addressed.
b. Level 2 assessment. A level 2 assessment must be performed as soon as possible when
a system exceeds a level 2 treatment technique trigger as specified in title 40 Code of
Federal Regulations part 141, subpart Y. The system must comply with any expedited
actions or additional actions required by the department in the case of an E. coli
maximum contaminant level violation. The department shall require a level 2 assessment
be completed before a boil water order is lifted. Only the department may perform a
level 2 assessment as a result of an E. coli maximum contaminant level violation.
A level 2 assessment will be conducted by the department or department-approved
assessors. A system may conduct a level 2 assessment if the system has personnel with
the certification or qualifications as specified by the department. A system must have
personnel with an operator certification level one level higher than the water system
being evaluated.
When completing the level 2 assessment, the system must describe sanitary defects
found, what corrective actions were completed, the proposed time frame for any
remaining corrective actions that need to be addressed, and any other department

directives that may be required. The system may note on the assessment form that no
sanitary defects were identified.
Within thirty days after learning of a treatment technique trigger exceedance, the system
must submit a completed level 2 assessment form to the department. The department
may extend the thirty-day time frame on a case-by-case basis.
The department shall review the completed level 2 assessment and determine if the
assessment is sufficient. The assessment form must include proposed time frames for
any corrective actions not completed. If the department determines the level 2
assessment not to be sufficient, the department shall consult with the system. If the
department requires any revisions to the level 2 assessment, the system must submit, to
the department, a revised level 2 assessment form on an agreed-upon schedule that
does not exceed thirty days from the date of the consultation.
The department shall review the completed assessment form and determine if the cause
of the level 2 assessment was found. If the cause of the level 2 assessment was found,
the system must describe how the problem was corrected. The department shall
determine on a case-by-case basis the schedule for any corrective actions that need to
be addressed.
c. Corrective actions. A system must correct any sanitary defects identified in either the
level 1 or the level 2 assessment as specified under title 40 Code of Federal Regulations
part 141, subpart Y. If any corrective actions cannot be corrected by the time the level 1
or the level 2 assessment form is required to be submitted to the department, the system
must complete the corrective action(s) in accordance with an approved time frame
decided upon during the consultation between the system and the department. The
system must notify the department when each corrective action is completed.
d. Consultation. The department or the system may at any time during the assessment or
corrective action phase request a consultation with the other entity to determine the
appropriate actions that need to be taken. The system may consult with the department
on all relevant information that may affect its ability to complete the corrective action, a
proposed time frame scheduled for a corrective action, or any other department
directives.
5. Sanitary surveys.
a. Frequency. All surface water and ground water under the direct influence of surface
water systems shall undergo a sanitary survey no less frequently than once every year.
All systems purchasing surface water or ground water under the direct influence of
surface water shall undergo a sanitary survey no less frequently than once every three
years.
Community ground water systems, including systems purchasing ground water, that are
not providing at least four-log treatment of viruses and have not been determined by the
department to exhibit outstanding performance shall undergo a sanitary survey no less
frequently than once every three years. Community ground water systems, including
systems purchasing ground water, which are providing at least four-log treatment of
viruses or which have been determined by the department to exhibit outstanding
performance shall undergo a sanitary survey no less frequently than once every five
years.
Noncommunity ground water systems, including systems purchasing ground water,
which are not providing at least four-log treatment of viruses shall undergo a sanitary
survey no less frequently than once every three years. Noncommunity ground water

systems, including systems purchasing ground water, that are providing at least four-log
treatment of viruses shall undergo a sanitary survey no less frequent than once every
five years.
The department will allow sanitary surveys to be phased. The components of the phased
sanitary survey must be completed within the established frequency.
b. Responsibilities. Sanitary surveys must be performed by the department or an agent
approved by the department. Information collected on sources of contamination within a
delineated wellhead protection area during the development and implementation of an
approved wellhead protection program, if available, must be considered when conducting
sanitary surveys.
The department shall review the sanitary surveys for systems serving one thousand
persons or less to determine if the system is taking the proper number of monthly total
coliform bacteria samples.
Public water systems are responsible for ensuring that the required sanitary surveys are
conducted.
History: Effective January 1, 2019.
General Authority: NDCC 61-28.1-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 61-28.1-03; S.L. 2017, ch. 199, § 69
### § 33.1-17-01-12. Monitoring of consecutive public water systems.

When a public water system supplies water to one or more other public water systems, the
department may modify the monitoring requirements imposed to the extent that the interconnection of
the systems justifies treating them as a single system for monitoring purposes. Any modified monitoring
shall be conducted pursuant to a schedule specified by the department.
History: Effective January 1, 2019.
General Authority: NDCC 61-28.1-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 61-28.1-03; S.L. 2017, ch. 199, § 69
### § 33.1-17-01-13. Public notification.

All public water systems are required to notify the public they serve when they fail to comply with
the requirements of the national primary drinking water regulations (NPDWRs), fail to comply with the
requirements of any schedule prescribed pursuant to a variance or exemption, or incur other situations
posing a risk to public health. Owners and operators must follow the form, manner, frequency, and
content of a public notice as prescribed by the department and set forth under title 40 Code of Federal
Regulations part 141, subpart Q.
History: Effective January 1, 2019.
General Authority: NDCC 61-28.1-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 61-28.1-03; S.L. 2017, ch. 199, § 69
### § 33.1-17-01-13.1. Consumer confidence reports.

1. Coverage and general requirements. Community water systems shall deliver an annual
consumer confidence report to all billing units or service connections provided drinking water
by the system. The report shall contain information on the quality of the drinking water
delivered by the system and characterize risks from exposure to contaminants detected in the
drinking water. For the purpose of the report, detected means at or above the levels set forth
under title 40 Code of Federal Regulations part 141, subpart O.

2. Effective dates. Existing community water systems shall deliver annual reports by July first of
each year. Annual reports shall contain information collected by December thirty-first of the
previous calendar year.
New community water systems shall deliver the first report by July first of the year after its first
full calendar year in operation and subsequent reports by July first of each year. Community
water systems that sell water to other community water systems shall provide applicable
information to the buyer systems as set forth under title 40 Code of Federal Regulations
part 141, subpart O.
3. Content. Each report shall contain the information set forth under title 40 Code of Federal
Regulations part 141, subpart O.
4. Report delivery. Community water systems shall comply with the report delivery requirements
set forth under title 40 Code of Federal Regulations part 141, subpart O.
History: Effective January 1, 2019.
General Authority: NDCC 61-28.1-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 61-28.1-03; S.L. 2017, ch. 199, § 69
### § 33.1-17-01-14. Reporting and recordkeeping requirements.

1. Reporting requirements for systems. Except when a shorter reporting period is specified,
the system shall report to the department the result of any test, measurement, or analysis
required within the first ten days following the month in which the results are received or the
first ten days following the end of the required monitoring period as stipulated by the
department, whichever of these is shorter.
The system shall notify the department within forty-eight hours of the failure to comply with
any primary drinking water regulations including failure to comply with monitoring
requirements, except that failure to comply with the maximum contaminant levels for total
coliform bacteria must be reported to the department no later than the end of the next
business day after the system learns of the violation.
Community water systems required to comply with title 40 Code of Federal Regulations
part 141, subpart G shall report the results of all analyses to the department within thirty days
of the system's receipt of the results. Subpart H systems shall comply with the reporting
requirements for filtration and disinfection treatment set forth under title 40 Code of Federal
Regulations part 141, subparts H, P, T, and W. Community and nontransient noncommunity
water systems shall comply with the reporting requirements for lead and copper set forth
under title 40 Code of Federal Regulations part 141, subpart I. Community, nontransient
noncommunity, and transient noncommunity water systems using chlorine dioxide shall
comply with the applicable reporting requirements for disinfectants, disinfection byproducts,
and disinfection byproduct precursors set forth under title 40 Code of Federal Regulations
part 141, subparts L, U, and V. Community, nontransient noncommunity, and transient
noncommunity water systems shall comply with the applicable reporting requirements for total
coliform bacteria set forth under title 40 Code of Federal Regulations part 141, subpart Y.
The system is not required to report analytical results to the department in cases when the
department performed the analysis.
Within ten days of completing the public notification requirements set forth under title 40 Code
of Federal Regulations part 141, subpart Q for the initial public notice and any repeat notices,
public water systems must submit to the department a certification that the system has fully
complied with the public notification regulations. The public water system must include with

this certification a representative copy of each type of notice distributed, published, posted,
and made available to persons served by the system and to the media.
The system shall submit to the department, within the time stated in the request, copies of any
records required to be maintained by the department or copies of any documents then in
existence which the department is entitled to inspect under the provisions of state law.
2. Reporting requirements for the department. The department shall comply with the
applicable reporting requirements set forth under title 40 Code of Federal Regulations part
142.15.
3. Recordkeeping requirements for systems. Subpart H systems shall comply with the
recordkeeping requirements for filtration and disinfection treatment set forth under title 40
Code of Federal Regulations part 141, subparts H, P, T, and W. Community and nontransient
noncommunity water systems shall comply with the recordkeeping requirements for lead and
copper set forth under title 40 Code of Federal Regulations part 141, subpart I. Community,
nontransient noncommunity, and transient noncommunity water systems using chlorine
dioxide shall comply with the applicable recordkeeping requirements for disinfectants,
disinfection byproducts, and disinfection byproduct precursors set forth under title 40 Code of
Federal Regulations part 141, subparts L, U, and V. Community, nontransient noncommunity,
and transient noncommunity water systems shall comply with the applicable recordkeeping
requirements for total coliform bacteria set forth under title 40 Code of Federal Regulations
part 141, subpart Y. Community water systems shall retain copies of consumer confidence
reports for no less than three years.
All public water systems shall retain on their premises or at a convenient location near their
premises, the following additional records to document compliance with the remaining
provisions of this chapter:
a. Bacteriological and chemical analyses. Records of bacteriological analyses and turbidity
analyses shall be kept for not less than five years. Records of chemical analyses shall be
kept for not less than ten years. Actual laboratory reports may be kept, or data may be
transferred to tabular summaries, provided that the following information is included:
(1) The date, place, and time of sampling and the name of the person who collected the
sample;
(2) Identification of the sample as to whether it was a routine distribution system
sample, check sample, or raw or other special purpose sample;
(3) Date of analysis;
(4) Laboratory and person responsible for performing analysis;
(5) The analytical technique or method used; and
(6) The result of the analysis.
b. Corrective actions taken. Records of action taken by the system to correct violations shall
be kept for a period of not less than three years after the last action taken with respect to
the particular violation involved. Assessment forms and documentation showing a
corrective action, as a result of an assessment, was completed must be kept for a period
of not less than five years after completion of the assessment or corrective action.
c. Reports and communications. Copies of any written reports, summaries, or
communications relating to sanitary surveys of the system conducted by the system

itself, by a private consultant, or by any local, state, or federal agency, shall be kept for a
period not less than ten years after completion of the sanitary survey involved.
d. Variances and exemptions. Records concerning a variance or exemption granted to the
system shall be kept for a period ending not less than five years following the expiration
of such variance or exemption.
e. Public notices and certifications. Copies of public notices issued pursuant to title 40 Code
of Federal Regulations part 141, subpart Q and certifications made to the department
pursuant to title 40 Code of Federal Regulations part 141.31 must be kept for three years
after issuance.
f. Copies of monitoring plans developed pursuant to this part shall be kept for the same
period of time as the records of analyses taken under the plan are required to be kept
under subdivision a, except as specified elsewhere in this part.
4. Recordkeeping requirements for the department. The department shall comply with the
applicable recordkeeping requirements set forth under title 40 Code of Federal Regulations
part 142.14.
History: Effective January 1, 2019.
General Authority: NDCC 61-28.1-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 61-28.1-03, 61-28.1-05; S.L. 2017, ch. 199, § 69
### § 33.1-17-01-15. Variances and exemptions.

1. General authority and limitations. The department may grant a variance to a public water
system from any treatment technique requirement except the treatment technique
requirements for filtration and disinfection set forth under title 40 Code of Federal Regulations
part 141, subpart H. The department may grant an exemption to a public water system from
any treatment technique requirement except the disinfection treatment requirements set forth
under title 40 Code of Federal Regulations part 141, subpart H.
The department may grant a variance or an exemption to a public water system from any
maximum contaminant level except the maximum contaminant level for E. coli bacteria.
2. Variances. Variances for public water systems serving ten thousand or more persons shall
comply with section 1415(a) of the federal Safe Drinking Water Act [42 U.S.C. 300g-4(a)].
Variances for public water systems serving fewer than ten thousand persons shall comply with
one of the following: section 1415(a) of the federal Safe Drinking Water Act [42 U.S.C.
300g-4(a)]; or section 1415(e) of the federal Safe Drinking Water Act [42 U.S.C. 300g-4(e)]
and title 40 Code of Federal Regulations part 142, subpart K.
In granting variances pursuant to section 1415(a) of the federal Safe Drinking Water Act
[42 U.S.C. 300g-4(a)], the department identifies as best technology, treatment techniques, or
other means generally available for achieving compliance with the maximum contaminant
levels and treatment technique requirements those set forth under title 40 Code of Federal
Regulations part 142, subpart G. In granting variances pursuant to section 1415(e) of the
federal Safe Drinking Water Act [42 U.S.C. 300g-4(e)], the department identifies as acceptable
technologies those established under section 1412(b)(15) of the federal Safe Drinking Water
Act [42 U.S.C. 300g-1(b)(15)].
3. Exemptions. Exemptions for public water systems shall comply with section 1416 of the
federal Safe Drinking Water Act [42 U.S.C. 300g-5] and title 40 Code of Federal Regulations
part 142, subpart G.

4. Procedures. Actions to consider a variance or exemption may be initiated by the department
or by a public water system through a written request to the department. The department shall
act on any written variance or exemption request submitted by a public water system within
ninety days of receipt of the request. The department shall provide notice and opportunity for a
public hearing before granting any variance and before prescribing a compliance schedule for
any variance or exemption.
History: Effective January 1, 2019.
General Authority: NDCC 61-28.1-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 61-28.1-03, 61-28.1-05; S.L. 2017, ch. 199, § 69
### § 33.1-17-01-16. Siting.

All new, altered, or expanded public water systems including wells and treatment and storage
facilities necessary for the continuous operation of the system shall be located so as to:
1. Minimize potential breakdown as a result of floods, fires, or other disasters;
2. Except for intake structures, not be within the floodplain of a one hundred-year flood;
3. Prevent contamination of the water supply by existing sources of pollution; and
4. Provide sufficient property for water supply facilities to allow proper operation, maintenance,
replacement, and storage of system components.
History: Effective January 1, 2019.
General Authority: NDCC 61-28.1-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 61-28.1-04
### § 33.1-17-01-17. Plans and specifications.

1. Submission of plans. Plans and specifications shall be prepared for all new public water
systems and for alterations or extensions to existing systems. Such plans and specifications,
together with other pertinent information, shall be submitted to the department for review and
approval prior to awarding of contracts. Such plans and specifications shall:
a. Be submitted in triplicate and in sufficient time to permit at least a two-week period for
review and comment and with additional time to incorporate changes, if required;
b. Be presented in legible form and of sufficient scale to facilitate review;
c. Include supplemental information pertaining to basis of design, description of existing
facilities, appraisal of future needs and such other information normally included in an
engineer's report, as may be requested by the department; and
d. Be replaced by "as-built" plans when change orders result in major changes in the
facilities.
2. Submission of revised plans, change orders, and addendums. Any deviation from the
approved plans and specifications, or use of alternate equipment, which would affect capacity,
hydraulic conditions, operating units, the functioning of the water treatment process or
distribution system, or the quality of water to be delivered will require department approval
prior to contract for alternate equipment or any construction which is affected by such change.
Revised plans and specifications, change orders, or addendums, along with pertinent
supplemental information, are to be submitted to the department for review and approval.

3. Approval of plans. Plans and specifications reviewed by the department will be approved
only when such plans and specifications fully meet and comply with existing statutes and such
standards and guidelines as have been or may be established by the department.
4. Compliance with plan approval. Systems shall be constructed in accordance with the plans,
specifications, and applicable change orders approved by the department. The department
reserves the right to remove from service all or any part of a system found not to be
constructed in accordance with approved plans, specifications, or change orders, or for which
plans, specifications, or change orders were not approved.
5. Operation and maintenance manual. An operation and maintenance manual shall be
prepared and supplied by the appropriate party to new or modified water supply facilities or
systems. A copy of this manual shall be submitted to the department for review prior to initial
operation of the new or modified facility or system.
History: Effective January 1, 2019.
General Authority: NDCC 61-28.1-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 61-28.1-03, 61-28.1-04; S.L. 2017, ch. 199, § 69
### § 33.1-17-01-18. Operation and maintenance.

Public water systems shall be supervised by competent personnel and modified, operated, and
maintained in accordance with guidelines that may be developed or amended by the department.
North Dakota Century Code chapter 23.1-07 required certified operators for all public water systems
except those that serve other than year-round residents and meet all of the following conditions:
1. The water supply is obtained solely from ground water sources that the department has
determined are not under the direct influence of surface water.
2. Treatment, if provided, consists strictly of disinfection, fluoridation, sequestration, corrosion
control, or other processes that involve simple chemical addition and minor operational
control.
3. The water supply system is not required by the federal Safe Drinking Water Act or its
implementing regulations to be operated by qualified personnel.
History: Effective January 1, 2019.
General Authority: NDCC 61-28.1-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 61-28.1-03; S.L. 2017, ch. 199, § 69
### § 33.1-17-01-19. Protection of public water systems.

1. Cross-connection control.
a. Cross connections are prohibited except when and where, as approved by the authority
having jurisdiction, suitable protective devices are installed, tested, and maintained to
ensure proper operation on a continuing basis.
b. A system shall be designed, installed, and maintained in such a manner as to prevent
nonpotable liquids, solids, or gases from being introduced into the water through cross
connections or any other piping connections to the system.
2. Interconnections.
a. Interconnection between two or more systems shall be permitted only with the written
approval of the department.

b. Interconnection between a nonpublic and public water system shall not be permitted
unless specifically approved in writing by the department.
3. Return of used water prohibited. Water used for cooling, heating, or other purposes shall
not be returned to the system. Such water may be discharged into an approved drainage
system through an airgap or may be used for nonpotable purposes.
4. Products in contact with water. All products that may come into contact with water intended
for use in a public water system must meet American national standards institute/national
sanitation foundation international standards 60 and 61. Suppliers of water for public water
systems may not willfully introduce or permit the introduction of a product into the public water
system which has not first been determined to meet these standards. At the discretion of the
department, suppliers of water for public water systems shall compile and maintain on file for
inspection by the department a list of all products used by the system. Prior to using a product
not on the list, suppliers of water for public water systems shall either determine that the
product meets appropriate American national standards institute/national sanitation foundation
international standards or notify the department of the type, name, and manufacturer of the
product. A product will be considered as meeting these standards if so certified by an
organization accredited by the American national standards institute to test and certify such
products.
5. Used materials. Containers, piping, or materials which have been used for any purpose other
than conveying potable water shall not be used.
6. Water storage structures. Finished water storage structures shall have a watertight cover
which excludes the entrance of birds, animals, insects, and excessive dust. Public water
systems shall not construct uncovered finished water storage facilities.
7. Turbidity control. Subpart H systems that provide conventional filtration treatment or direct
filtration shall develop individual filter profiles, perform individual filter self-assessments, and
arrange for the completion of comprehensive performance evaluations as set forth under
title 40 Code of Federal Regulations subparts P and T. At the direction of the department,
systems that are required to conduct a comprehensive performance evaluation shall arrange
for the completion of a full composite correction program and implement followup
recommendations that result from the composite correction program. Comprehensive
performance evaluations and composite correction programs shall be conducted by a party
other than the system which is approved by the department.
History: Effective January 1, 2019.
General Authority: NDCC 61-28.1-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 61-28.1-03; S.L. 2017, ch. 199, § 69
### § 33.1-17-01-20. Ground water system - Source requirements.

In addition to the remaining provisions of this chapter, public water systems utilizing ground water
sources shall comply with the monitoring and treatment technique requirements and undergo sanitary
surveys as set forth under title 40 Code of Federal Regulations part 141, subpart S. This applies to
public water systems that are consecutive users but not to subpart H systems and systems that
combine all of their ground water with surface water prior to treatment.
History: Effective January 1, 2019.
General Authority: NDCC 61-28.1-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 61-28.1-03; S.L. 2017, ch. 199, § 69
