3. COMMENT: With respect to the notification provisions when Level 1 or Level 2 assessments are triggered, the notice of proposal does not include a requirement for public water systems to notify the public when samples are total coliform-positive or when the public water system is in violation of the E. coli maximum contaminant level (MCL). While the notice of proposal requires public water systems to report their corrective action to the Department, the systems should also be required to notify the public when samples are total coliform- or E. coli-positive due to the potential health issues.

RESPONSE: The Department acknowledges the commenter’s concern about notifying the public of the exceedance of the E. coli MCL. As explained in the notice of proposal Summary, this rulemaking is limited to the New Jersey-specific requirements of the RTCR for which the Department has discretion. Public notification requirements for E. coli MCL violations are specified in the National Regulations at 40 CFR 141.202, which are incorporated into the Department’s rules by reference pursuant to N.J.A.C. 7:10-5.1. In accordance with the National Regulations, a public water system must notify the public as soon as practical, but no later than 24 hours after the system learns of a violation with significant potential to have a serious adverse effect on human health, including a violation of the MCL for E. coli. To ensure that the public water system learns of an E. coli MCL violation in a timely manner, the Regulations Governing the Certification of Laboratories and Environmental Measures at N.J.A.C. 7:18-4.6(k) specify that the certified laboratory must notify the public water system within 24 hours when a sample tests positive for E. coli.

With regard to notification when samples are total coliform-positive, in 2013, the USEPA promulgated the RTCR (see 78 Fed. Reg. 10,270) to update the 1989 Total Coliform Rule (1989 TCR) because it determined that, unlike the presence of E. coli, which is a direct threat to public health, the presence of total coliform is more appropriately considered an indicator of a potential pathway of contamination into the distribution system. Thus, finding total coliform is not itself a violation of the RTCR and the public water systems are no longer required to conduct public notification as was required under the 1989 TCR. Instead, public water systems with multiple detections of total coliform (but not E. coli) must conduct an assessment to identify pathways of contamination and correct any sanitary deficiencies within a specified timeframe

4. COMMENT: The timeframe in which a water supplier must complete corrective action after the triggering events including coliform-positive samples or an E. coli maximum contaminant level violation is described as "as soon as possible," which is vague. A definite response time should be required.

RESPONSE: As explained in the Summary of the notice of proposal, and in accordance with the RTCR, a supplier of water must take corrective action to address any sanitary defect or defects identified during a Level 1 or Level 2 assessment, and must complete the corrective action as soon as possible after being notified or otherwise learning of the exceedance of a Level 1 or Level 2 treatment technique trigger. The appropriate timeframes for completion of corrective action are dependent on the type of sanitary defect(s) identified and the complexity of the necessary corrective action. For example, if the necessary corrective action is that the public water system must drill a new well or install treatment, the corrective action cannot be undertaken until the appropriate permit approvals are obtained from the Department or administrative authority. The Department will ensure that the timetable for completion of corrective action in an approved corrective action plan requires the work to be done as expeditiously as possible under the particular circumstances. The Department will track the public water system’s completion of corrective action through the use of the Safe Drinking Water Information System (SDWIS) Federal reporting program and will take enforcement action as necessary in accordance with 40 CFR 141.860(b) and N.J.A.C. 7:10-3 if the system does not abide by the timetable established in the corrective action plan.

9. COMMENT: A seasonal water system that triggers the start-up requirements to collect five additional groundwater samples should consult with the Department within 30 days when any sample tests positive for E. coli. Since E. coli can immediately affect human health, the proposed notification period should be shortened.

 RESPONSE: The Department acknowledges the commenter’s concern regarding the health threat posed by a positive finding of E. coli in a water sample, and notes that the 30-day timeframe for consulting with the Department with respect to appropriate corrective action is predicated on (1) the coliform testing, and any follow-up testing for E. coli that is triggered, being conducted before the system begins operating and serving water, and (2) the prohibition against serving water to the public that is triggered by an E. coli-positive sample, which will be lifted through written notice only when the Department, or other administrative authority, determines that the supplier of water has complied with the sampling and corrective action requirements. The procedures, thus, ensure the public health is protected.

Ryan Knapick, Esq.

ATTN: DEP Docket No. 01-17-02

NJ Department of Environmental Protection

Office of Legal Affairs

Mail Code 401-04L; PO Box 402

401 East State Street, 7th Floor

Trenton, NJ 08625-0402

Re: Notice of Rule Proposal, Safe Drinking Water Act Rules, N.J.A.C. 7:10, Regulations Governing the Certification of Laboratories, N.J.A.C. 7:18

 Dear Mr. Ryan Knapick,

Electronic Review for the Environment, Inc. has reviewed the document and has the following comments:

1.     (Page 10) Notification of the trigger of Level 1 or 2 Assessment, when coliform-positive samples or an E. coli maximum contaminant level violation are found, to the public is absent. While the proposal indicates that the trigger of coliform-positive samples or E. coli requires the water suppliers to report their corrective action to the Department, they should also notify the public as the coliform may cause health issues of people.

2.     (Page 11) The response time by the water suppliers due to the triggering events including coliform-positive samples or an E. coli maximum contaminant level violation is displayed as "as soon as possible", which is a vague description. A definite response time should be required.

3.     (Page 18) The document indicates that when five additional groundwater samples test positive for E. coli, the water supplier should consult with the Department within 30 days. Since E. coli can affect human's health immediately, the proposed notification period of 30-days should be shortened to secure people's health.

Sincerely yours,

By: Jungho Ahn - Project Manager

ELECTRONIC REVIEW FOR THE ENVIRONMENT, INC.

P.O. Box 2756

Berkeley, CA  94702