Current through Register 1533, October 25, 2024
Section 22.17 - Record MaintenanceAll suppliers of water shall retain on their premises or at a convenient location near their premises in a form admissible as evidence in Massachusetts Courts the following records:
(1) Records of bacteriological analyses made pursuant to 310 CMR 22.00 shall be kept for not less than five years. Records of microbiological analyses and turbidity analyses made pursuant to 310 CMR 22.20G shall be kept for not less than five years. Records of analysis for other than microbiological contaminants (including total coliform, fecal coliform, and heterotrophic plate count), residual disinfectant concentration, other parameters necessary to determine disinfection effectiveness (including temperature and pH measurements), and turbidity shall be retained for not less than 12 years. Actual laboratory reports may be kept, or data may be transferred to tabular summaries, provided that such summaries are in a form admissible as evidence in Massachusetts Courts and shall include at least the following information in a form that demonstrates an unbroken chain of custody of the samples analyzed from sampling through analysis and includes at least the following:(a) The date, place and time of sampling, the full name of the person who collected the sample and the agency or organization for which that person works;(b) Identification of the sample as to whether it was a routine distribution system sample, check sample, raw or process water sample or other special purpose sample;(d) Laboratory and person responsible for performing analysis;(e) The analytical technique/method and instruments used; and(f) The results of the analysis.(2) Records of action taken by the system to correct violation of 310 CMR 22.00 shall be kept for a period not less than three years after the last action taken with respect to the particular violation involved.(3) 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.(4) 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.(5) Records concerning the use of chemicals added to the water supply shall be kept for not less than five years. Said records shall include the information prescribed in 310 CMR 22.15(4).(6) Records of the sizes and materials of construction of all water mains, records of materials used in joints of water mains, and records of the materials of construction of all services shall be maintained.(7) Each supplier of water shall be responsible for maintaining current inventory information for the public water system in its charge and shall retain inventory records of public water systems for not less than 12 years. Said records shall include the information prescribed in 310 CMR 22.15(5).(8) A record of the most recent vulnerability determination, including the monitoring results and other data supporting the determination, the Department's findings based on the supporting data and any additional bases for such determination; except that it shall be kept in perpetuity or until a more current vulnerability determination has been issued.(9) A record of all current monitoring requirements and the most recent monitoring frequency decision pertaining to each contaminant, including the monitoring results and other data supporting the decision, the Department's findings based on the supporting data and any additional bases for such decision; except that the record shall be kept in perpetuity or until a more recent monitoring frequency decision has been issued.(10) A record of the most recent asbestos repeat monitoring determination, including the monitoring results and other data supporting the determination, the Department's findings based on the supporting data and any additional bases for the determination and the repeat monitoring frequency; except that these records shall be maintained in perpetuity or until a more current repeat monitoring determination has been issued.(11) Copies of the public notices issued pursuant to 310 CMR 22.16 and certifications made to the Department pursuant to 310 CMR 22.15(3)(b) shall be kept for three years after issuance.(12) Each supplier of water who is subject to the requirements of 310 CMR 22.20F shall, in addition to recordkeeping requirements under 310 CMR 22.20A(6), maintain records as follows:(a)Individual Filter Turbidity Requirements. The results of individual filter monitoring, conducted in accordance with 310 CMR 22.20D(6)(b) and 22.20F(7)(a) through (e), must be kept for at least three years.(b)Disinfection Profiling. The results of the profile (including raw data and analysis), conducted in accordance with 310 CMR 22.20D(3)(b) and 22.20F(4)(a) through (g), must be kept indefinitely.(c)Disinfection Benchmarking. The benchmark (including raw data and analysis), conducted in accordance with 310 CMR 22.20D(3)(c) and 22.20F(5)(a) through (e), must be kept indefinitely.(13) Copies of monitoring plans developed pursuant to 310 CMR 22.07F shall be kept for the same period of time as the records of analyses taken under the plan are required to be kept under 310 CMR 22.17(1), except as specified elsewhere in 310 CMR 22.17.Amended by Mass Register Issue 1309, eff. 3/25/2016.