[§328D-4]  Source water monitoring. (a)  The plant operator shall be responsible for sampling and analysis of allapproved sources for the contaminants specified in section 328D-2 to assurethat product water derived from approved sources continues to comply withsection 328D-2.  Such monitoring shall be at least annually, except thatanalysis for microbiological contaminants shall be weekly if the source isother than a public water system.

(b)  Approved sources shall be monitored everyfour years for contaminants for which the EPA under the Safe Drinking WaterAct, the department, or other government agency or agencies having jurisdictionrequires source water monitoring.

(c)  In lieu of source monitoring required bythis section, a plant operator using a public water system as its source mayobtain and display a certificate from the public water system demonstratingthat the public water system conducts the monitoring required by this section.

(d)  Where a bottled water plant operator,water dealer, or regulatory agency knows or has reason to believe that acontaminant not otherwise monitored is present in the source water because of aspill, release of a hazardous substance, or otherwise, and its presence wouldcreate a potential health hazard to consumers, the plant operator or waterdealer upon receipt of such information shall monitor the source water for thecontaminant.

(e)  Detection of any contaminant in sourcemonitoring required pursuant to this section shall be followed immediately by aprogram of periodic monitoring to confirm the presence in the source water ofthe contaminant.  If the listed unregulated contaminant is confirmed to bepresent in the source water at a concentration that exceeds a published EPAhealth advisory, or an FDA or department or other government agency actionlevel for drinking water, the plant operator or water dealer shall employappropriate treatment techniques to remove or to reduce the contaminant in theproduct water below the concentration and shall employ a program of periodicmonitoring for the contaminant in the source water until such time as thecontaminant is not detectable in the source water.

(f)  The required source water sampling shallbe performed by qualified personnel and required analysis shall be performed byan approved laboratory.  Records of the required sampling and analyses shall bemaintained on file at the plant for not less than two years and shall beavailable for official review upon request of the department or othergovernment agency or agencies having jurisdiction. [L 1988, c 304, pt of §1]