49-360

49-360. Monitoring assistance program for
public water systems; monitoring assistance fund; rules

(Rpld. 1/1/21)

A. The department shall establish a monitoring assistance program to assist public
water systems in complying with monitoring requirements under the federal safe drinking
water act (P.L. 93-523; 88 Stat. 1660; P.L. 95-190; 91 Stat. 1393; P.L. 104-182; 110
Stat. 1613; 42 United States Code sections 300f through 300j-26), as amended. The
program shall provide for the collection, transportation and analysis of baseline samples
from public water systems in a frequency sufficient to keep the systems in compliance
with the federal safe drinking water act requirements. At a minimum, the program shall
include monitoring for the following categories of contaminants:

1. Volatile organic chemicals.

2. Synthetic organic chemicals.

3. Inorganic chemicals except for copper and lead.

4. Radiochemicals.

B. The department shall contract with one or more private parties or statewide
nonprofit organizations representing water systems to implement the monitoring assistance
program subject to available funding. Contracts shall be awarded for up to three years,
beginning January 1, 1999. Entities with which the department contracts shall:

1. Provide updated monitoring schedules, developed in conjunction with the
department, to participating water systems.

2. Take samples for participating water systems, allow for certified operators to
take samples and train system personnel to take samples.

3. Assist participating water systems when resampling is required by the federal
safe drinking water act.

4. Assist participating water systems to apply for and qualify for available
interim monitoring relief and waivers.

5. Provide any other on-site technical assistance necessary to help the
participating water systems comply with the monitoring requirements of the federal safe
drinking water act.

C. Any public water systems serving more than ten thousand persons may elect to
participate in the monitoring assistance program subject to the payment of the fees
pursuant to subsection F of this section.

D. The department shall utilize licensed environmental laboratories as defined by
section 36-495 or laboratories certified or designated by the United States environmental
protection agency to analyze samples collected under the monitoring assistance
program. The department shall establish specific criteria for measuring contractor
qualifications and performance.

E. Each environmental laboratory that the department utilizes pursuant to
subsection D of this section shall deliver copies of the analysis results to the water
system owner, the monitoring assistance program contractor and the department.

F. The director shall establish fees for the monitoring assistance program to be
collected from all public water systems serving up to ten thousand persons. The
participating water systems shall remit these fees to the department for deposit in the
monitoring assistance fund.

G. The monitoring assistance fund is established consisting of fees collected from
participating public water systems pursuant to subsection F of this section. The director
shall administer the fund. If the fund has a surplus after execution of the previous
year's contract, any surplus in excess of two hundred thousand dollars in any year shall
be used to reduce the fee for the subsequent year in a manner consistent with the program
invoicing system. Monies in the fund shall be used to pay the monitoring assistance
program contractors, the environmental laboratories utilized for the purposes of this
section and administrative costs incurred by the department. Monies in the fund are
exempt from lapsing pursuant to section 35-190. Interest earned on monies in the fund
shall be credited to the fund. The allowable administrative costs of the department are
limited to no more than fifteen per cent of monies deposited in the fund annually or one
hundred eighty-four thousand dollars, whichever is less. As used in this subsection,
administrative costs include only those costs necessary to perform the following:

1. To assure contractor performance and quality control.

2. Administration of the contracts.

3. Collection of fees as provided in subsection F of this section.

4. Providing direct technical assistance related to the implementation of the
monitoring assistance program only to the extent the department's assistance is required
by this section.

H. The department shall adopt rules for the monitoring assistance program.

I. Any site visit made pursuant to this section by a monitoring assistance program
contractor shall not be regarded as an inspection or investigation. No enforcement
actions shall be taken as a result of these site visits except that nothing in this
section affects the authority of the department to enforce this article pursuant to
section 49-354.