DAR File No. 32811
This filing was published in the 08/01/2009, issue, Vol. 2009, No. 15, of the Utah State Bulletin.
Environmental Quality, Drinking Water
R309-210
Monitoring and Water Quality: Distribution System Monitoring Requirements
NOTICE OF PROPOSED RULE
DAR File No.: 32811
Filed: 07/09/2009, 04:33
Received by: NL
RULE ANALYSIS
Purpose of the rule or reason for the change:
This rule change is to address the changes required by the Lead and Copper Short Term Revisions. There are a total of three amendments that address these rules (Rules R309-200, R309-210, and R309-225). This rule adoption is necessary to maintain primacy. (DAR NOTE: The proposed amendment to Rule R309-200 is under DAR No. 32809, to Rule R309-210 is under DAR No. 32811, and to Rule R309-225 is under DAR No. 32814 all in this issue, August 1, 2009, of the Bulletin.)
Summary of the rule or change:
This change incorporates the requirements of the Lead and Copper Short Term Revisions that address public education, corrosion control, and monitoring.
State statutory or constitutional authorization for this rule:
Section 19-4-104, and 40 CFR 141.80 through 141.90 and 141.154
Anticipated cost or savings to:
the state budget:
Costs for the state budget, local governments, and other persons will be based on an aggregate for the changes in Rules R309-210, R309-210, and R309-225. The Environmental Protection Agency (EPA) estimates state costs to be $657,000 annually. Using the percentage of Utah systems versus the national total (approximately 1%), Utah's annual impact is approximately $6,570.
local governments:
For this rule change, aggregate costs will vary by type of water source, type of treatment, and physical facility deficiencies. EPA estimates the total national annual cost at $5,677,000. Using the percentage of Utah systems versus the national total, Utah's systems' impact is estimated to be $56,770 annually.
small businesses and persons other than businesses:
Other persons that own and operate a public water system may have the same cost impact as listed in "local government" above. Costs to consumers will vary depending upon the water system size. EPA estimates the costs to vary from $0 to $17 per household per year. The highest costs are associated with water systems that do not already notify the public. Persons that own and operate a public water system may have the same costs impact as listed under "local government" above.
Compliance costs for affected persons:
Aggregate compliance costs for the rule change will vary depending upon the water system size, type of source, type of treatment, and physical facility deficiencies. EPA estimates the costs to vary from $0 to $17 per household per year. The highest costs are associated with the small water systems that do not already notify the public. Persons that own and operate a public water system may have the same costs impact as listed under "local government" above.
Comments by the department head on the fiscal impact the rule may have on businesses:
The Department of Environmental Quality agrees with the comments in the cost and compliance summaries above. Amanda Smith, Acting Executive Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
Environmental QualityDrinking Water
150 N 1950 W
SALT LAKE CITY UT 84116-3085
Direct questions regarding this rule to:
Rachael Cassady at the above address, by phone at 801-536-4467, by FAX at 801-536-4211, or by Internet E-mail at rcassady@utah.gov
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
08/31/2009
This rule may become effective on:
09/07/2009
Authorized by:
Ken Bousfield, Director
RULE TEXT
R309. Environmental Quality, Drinking Water.
R309-210. Monitoring and Water Quality: Distribution System Monitoring Requirements.
R309-210-2. Authority.
This
rule is promulgated by the Drinking Water Board as authorized by Title 19,
Environmental Quality Code, Chapter 4, Safe Drinking Water Act, Subsection 104
of the Utah Code and in accordance with [63-46a]63G-3 of the
same, known as the Administrative Rulemaking Act.
R309-210-6. Lead and Copper Monitoring.
(1) General requirements.
(a) Applicability and effective dates
(i) The requirements of R309-210-6. unless otherwise indicated, apply to community water systems and non-transient non-community water systems (hereinafter referred to as water systems or systems).
[(ii) The requirements in R309-210-6(2),
R309-210-6(4), and R309-210-6(7) shall take effect December 7, 1992.
](b) R309-210-6 establishes a treatment technique
that includes requirements for corrosion control treatment, source water
treatment, lead service line replacement, and public education. These requirements are triggered, in some
cases, by lead and copper action levels measured in samples collected at
consumers' taps.
(c) Corrosion control treatment requirements
(i) All water systems shall install and operate optimal corrosion control treatment. However, any water system that complies with the applicable corrosion control treatment requirements specified by the Executive Secretary under R309-210-6(2) and R309-210-6(4)(a) shall be deemed in compliance with this treatment requirement.
(d) Source water treatment requirements
Any system exceeding the lead or copper action level shall implement all applicable source water treatment requirements specified by the Executive Secretary under R309-210-6(4)(b).
(e) Lead service line replacement requirements
Any system exceeding the lead action level after implementation of applicable corrosion control and source water treatment requirements shall complete the lead service line replacement requirements contained in R309-210-6(4)(c).
(f) Public education requirements
Pursuant to R309-210-6(7), all
water systems must provide a consumer notice of lead tap water monitoring
results to persons served at the sites (taps) that are tested. Any system exceeding the lead action level
shall implement the public education requirements.[Public
education requirements
Any
system exceeding the lead action level shall implement the public education
requirements contained in R309-210-6(7).]
(g) Monitoring and analytical requirements
Tap water monitoring for lead and copper, monitoring for water quality parameters, source water monitoring for lead and copper, and analyses of the monitoring results shall be completed in compliance with R309-210-6(3), R309-210-6(5), R309-210-6(6) and R309-200-8.
(h) Reporting requirements
Systems shall report to the Executive Secretary any information required by the treatment provisions of this subpart and R309-210-6(8).
(i) Recordkeeping requirements
Systems shall maintain records in accordance with R309-105-17(2).
(j) Violation of primary drinking water rules
Failure to comply with the applicable requirements of R309-210-6., including requirements established by the Executive Secretary pursuant to these provisions, shall constitute a violation of the primary drinking water regulations for lead and/or copper.
(2) Applicability of corrosion control treatment steps to small, medium-size and large water systems.
(a) Systems shall complete the applicable corrosion control treatment requirements described in R309-210-6(4)(a) by the deadlines established in this section.
(i) A large system (serving greater than 50,000 persons) shall complete the corrosion control treatment steps specified in R309-210-6(2)(d), unless it is deemed to have optimized corrosion control under R309-210-6(2)(b)(ii) or (b)(iii).
(ii) A small system (serving less than 3300 persons) and a medium-size system (serving greater than 3,300 and less than 50,000 persons) shall complete the corrosion control treatment steps specified in R309-210-6(2)(e), unless it is deemed to have optimized corrosion control under R309-210-6(2)(b)(i), (b)(ii), or (b)(iii).
(b) A system is deemed to have optimized corrosion control and is not required to complete the applicable corrosion control treatment steps identified in this section if the system satisfies one of the criteria in paragraphs (b)(i) through (b)(iii) of this section. Any such system deemed to have optimized corrosion control under this paragraph, and which has treatment in place, shall continue to operate and maintain optimal corrosion control treatment and meet any requirements that the Executive Secretary determines appropriate to ensure optimal corrosion control treatment is maintained.
(i) A small or medium-size water system is deemed to have optimized corrosion control if the system meets the lead and copper action levels during each of two consecutive six-month monitoring periods conducted in accordance with R309-210-6(3).
(ii) Any water system may be deemed by the Executive Secretary to have optimized corrosion control treatment if the system demonstrates to the satisfaction of the Executive Secretary that it has conducted activities equivalent to the corrosion control steps applicable to such system under this section. If the Executive Secretary makes this determination, it shall provide the system with written notice explaining the basis for its decision and shall specify the water quality control parameters representing optimal corrosion control in accordance with R309-210-6(4)(a)(vi). Water systems deemed to have optimized corrosion control under this paragraph shall operate in compliance with the Executive Secretary designated optimal water quality control parameters in accordance with R309-210-6(4)(a)(vii) and continue to conduct lead and copper tap and water quality parameter sampling in accordance with R309-210-6(3)(d)(iii) and R309-210-6(5)(d), respectively. A system shall provide the Executive Secretary with the following information in order to support a determination under this paragraph:
(A) the results of all test samples collected for each of the water quality parameters in R309-210-6(4)(a)(iii)(C).
(B) a report explaining the test methods used by the water system to evaluate the corrosion control treatments listed in R309-210-6(4)(a)(iii)(A), the results of all tests conducted, and the basis for the system's selection of optimal corrosion control treatment;
(C) a report explaining how corrosion control has been installed and how it is being maintained to insure minimal lead and copper concentrations at consumers' taps; and
(D) the results of tap water samples collected in accordance with R309-210-6(3) at least once every six months for one year after corrosion control has been installed.
(iii) Any water system is deemed to have optimized corrosion control if it submits results of tap water monitoring conducted in accordance with R309-210-6(3) and source water monitoring conducted in accordance with R309-210-6(6) that demonstrates for two consecutive six-month monitoring periods that the difference between the 90th percentile tap water lead level computed under R309-200-5(2)(c), and the highest source water lead concentration, is less than the Practical Quantitation Level (PQL) for lead as specified in R309-104-8.
(A) Those systems whose highest source water lead level is below the Method Detection Limit may also be deemed to have optimized corrosion control under this paragraph if the 90th percentile tap water lead level is less than or equal to the Practical Quantitation Level for lead for two consecutive 6-month monitoring periods.
(B) Any water system deemed to have optimized corrosion control in accordance with this paragraph shall continue monitoring for lead and copper at the tap no less frequently than once every three calendar years using the reduced number of sites specified in R309-210-6(3)(c) and collecting the samples at times and locations specified in R309-210-6(3)(d)(iv)(D). Any such system that has not conducted a round of monitoring pursuant to R309-210-6(3)(d) since September 30, 1997, shall complete a round of monitoring pursuant to this paragraph no later than September 30, 2000.
(C) Any water system deemed to have optimized corrosion
control pursuant to this paragraph shall notify the Executive Secretary in
writing pursuant to R309-210-6(8)(a)(iii) of any upcoming long-term change in
treatment or addition of a new source as described in that section. The Executive Secretary must review and
approve the addition of a new source or long-term change in water treatment
before it is implemented by the water system.[Any water system
deemed to have optimized corrosion control pursuant to this paragraph shall
notify the Executive Secretary in writing pursuant to R309-210-6(8)(a)(iii) of
any change in treatment or the addition of a new source.] The Executive Secretary may require any such
system to conduct additional monitoring or to take other action the Executive
Secretary deems appropriate to ensure that such systems maintain minimal levels
of corrosion in the distribution system.
(D) As of July 12, 2001, a system is not deemed to have optimized corrosion control under this paragraph, and shall implement corrosion control treatment pursuant to paragraph (b)(iii)(E) of this section unless it meets the copper action level.
(E) Any system triggered into corrosion control because it is no longer deemed to have optimized corrosion control under this paragraph shall implement corrosion control treatment in accordance with the deadlines in paragraph (e) of this section. Any such large system shall adhere to the schedule specified in that paragraph for medium-size systems, with the time periods for completing each step being triggered by the date the system is no longer deemed to have optimized corrosion control under this paragraph.
(c) Any small or medium-size water system that is required to complete the corrosion control steps due to its exceedance of the lead or copper action level may cease completing the treatment steps whenever the system meets both action levels during each of two consecutive monitoring periods conducted pursuant to R309-210-6(3) and submits the results to the Executive Secretary. If any such water system thereafter exceeds the lead or copper action level during any monitoring period, the system (or the Executive Secretary, as the case may be) shall recommence completion of the applicable treatment steps, beginning with the first treatment step which was not previously completed in its entirety. The Executive Secretary may require a system to repeat treatment steps previously completed by the system where the Executive Secretary determines that this is necessary to implement properly the treatment requirements of this section. The Executive Secretary shall notify the system in writing of such a determination and explain the basis for its decision. The requirement for any small or medium size system to implement corrosion control treatment steps in accordance with paragraph (e) of this section (including systems deemed to have optimized corrosion control under paragraph (b)(i) of this section) is triggered whenever any small or medium size system exceeds the lead or copper action level.
(d) Treatment steps and deadlines for large systems
Except as provided in R309-210-6(2)(b)(ii) and (b)(iii), large systems shall complete the following corrosion control treatment steps by the indicated dates.
(i) Step 1: The system shall conduct initial monitoring (R309-210-6(3)(d)(i) and R309-210-6(5)(b)) during two consecutive six-month monitoring periods by January 1, 1993.
(ii) Step 2: The system shall complete corrosion control studies (R309-210-6(4)(a)(iii)) by July 1, 1994.
(iii) Step 3: The Executive Secretary shall designate optimal corrosion control treatment (R309-210-6(4)(a)(iv)) by January 1, 1995.
(iv) Step 4: The system shall install optimal corrosion control treatment (R309-210-6(4)(a)(v)) by January 1, 1997.
(v) Step 5: The system shall complete follow-up sampling (R309-210-6(3)(d)(ii) and R309-210-6(5)(c)) by January 1, 1998.
(vi) Step 6: The Executive Secretary shall review installation of treatment and designate optimal water quality control parameters (R309-210-6(4)(a)(vi)) by July 1, 1998.
(vii) Step 7: The system shall operate in compliance with the Executive Secretary specified optimal water quality control parameters (R309-210-6(4)(a)(vii)) and continue to conduct tap sampling (R309-210-6(3)(d)(iii) and R309-210-6(5)(d)).
(e) Treatment steps and deadlines for small and medium-size systems
Except as provided in R309-210-6(2)(b), small and medium-size systems shall complete the following corrosion control treatment steps by the indicated time periods.
(i) Step 1:
The system shall conduct initial tap sampling (R309-210-6(3)(d)(i) and
R309-210-6(5)(b) until the system either exceeds the lead or copper action
level or becomes eligible for reduced monitoring under
R309-210-6(3)(d)(iv). A system exceeding the lead
or copper action level shall recommend optimal corrosion control treatment
(R309-210-6(4)(a)) within six months after the end of the monitoring period
during which it exceeds one of the action levels.[A system exceeding the lead or copper action level shall recommend
optimal corrosion control treatment (R309-210-6(4)(a)(i)) within six months after
it exceeds one of the action levels.]
(ii) Step 2:
Within 12 months after the end of the monitoring period during which a
system exceeds the lead or copper action level, the Executive Secretary may
require the system to perform corrosion control studies (R309-210-6(4)(b)).[Step 2: Within 12 months after
a system exceeds the lead or copper action level, the Executive Secretary may
require the system to perform corrosion control studies (R309-210-6(4)(a)(ii)).] If the
Executive Secretary does not require the system to perform such studies, the
Executive Secretary shall specify optimal corrosion control treatment
(R309-210-6(4)(a)(iv)) within the following time-frames:
(A) for medium-size systems, within 18 months after the
end of the monitoring period during which such system exceeds the lead or
copper action level,[for medium-size systems, within
18 months after such system exceeds the lead or copper action level,]
(B) for small systems, within 24 months after the end of
the monitoring period during which such system exceeds the lead or copper
action level.[for small systems, within 24 months after such
system exceeds the lead or copper action level.]
(iii) Step 3: If the Executive Secretary requires a system to perform corrosion control studies under step 2, the system shall complete the studies (R309-210-6(4)(a)(iii)) within 18 months after the Executive Secretary requires that such studies be conducted.
(iv) Step 4: If the system has performed corrosion control studies under step 2, the Executive Secretary shall designate optimal corrosion control treatment (R309-210-6(4)(a)(iv)) within 6 months after completion of step 3.
(v) Step 5: The system shall install optimal corrosion control treatment (R309-210-6(4)(a)(v)) within 24 months after the Executive Secretary designates such treatment.
(vi) Step 6: The system shall complete follow-up sampling (R309-210-6(3)(d)(ii) and R309-210-6(5)(c)) within 36 months after the Executive Secretary designates optimal corrosion control treatment.
(vii) Step 7: The Executive Secretary shall review the system's installation of treatment and designate optimal water quality control parameters (R309-210-6(4)(a)(vi)) within 6 months after completion of step 6.
(viii) Step 8: The system shall operate in compliance with the Executive Secretary-designated optimal water quality control parameters (R309-210-6(4)(a)(vii)) and continue to conduct tap sampling (R309-210-6(3)(d)(iii) and R309-210-6(5)(d)).
(3) Monitoring requirements for lead and copper in tap water.
(a) Sample site location
(i) By the applicable date for commencement of monitoring under R309-210-6(3)(d)(i), each water system shall complete a materials evaluation of its distribution system in order to identify a pool of targeted sampling sites that meets the requirements of this section, and which is sufficiently large to ensure that the water system can collect the number of lead and copper tap samples required in R309-210-6(3)(c). All sites from which first draw samples are collected shall be selected from this pool of targeted sampling sites. Sampling sites may not include faucets that have point-of-use or point-of-entry treatment devices designed to remove inorganic contaminants.
(ii) A water system shall use the information on lead, copper, and galvanized steel when conducting a materials evaluation. When an evaluation of this information is insufficient to locate the requisite number of lead and copper sampling sites that meet the targeting criteria in R309-210-6(3)(a), the water system shall review the sources of information listed below in order to identify a sufficient number of sampling sites. In addition, the system shall seek to collect such information where possible in the course of its normal operations (e.g., checking service line materials when reading water meters or performing maintenance activities):
(A) all plumbing codes, permits, and records in the files of the building department(s) which indicate the plumbing materials that are installed within publicly and privately owned structures connected to the distribution system;
(B) all inspections and records of the distribution system that indicate the material composition of the service connections that connect a structure to the distribution system; and
(C) all existing water quality information, which includes the results of all prior analyses of the system or individual structures connected to the system, indicating locations that may be particularly susceptible to high lead or copper concentrations.
(iii) The sampling sites selected for a community water system's sampling pool ("tier 1 sampling sites") shall consist of single family structures that:
(A) contain copper pipes with lead solder installed after 1982 or contain lead pipes; and/or
(B) are served by a lead service line.
When multiple-family residences comprise at least 20 percent of the structures served by a water system, the system may include these types of structures in its sampling pool.
(iv) Any community water system with insufficient tier 1 sampling sites shall complete its sampling pool with "tier 2 sampling sites", consisting of buildings, including multiple-family residences that:
(A) contain copper pipes with lead solder installed after 1982 or contain lead pipes; and/or
(B) are served by a lead service line.
(v) Any community water system with insufficient tier 1 and tier 2 sampling sites shall complete its sampling pool with "tier 3 sampling sites", consisting of single family structures that contain copper pipes with lead solder installed before 1983. A community water system with insufficient tier 1, tier 2 and tier 3 sampling sites shall complete its sampling pool with representative sites throughout the distribution system. For the purpose of this paragraph, a representative site is a site in which the plumbing materials used at that site would be commonly found at other sites served by the water system.
(vi) The sampling sites selected for a non-transient non-community water system ("tier 1 sampling sites") shall consist of buildings that:
(A) contain copper pipes with lead solder installed after 1982 or contain lead pipes; and/or
(B) are served by a lead service line.
(vii) A non-transient non-community water system with insufficient tier 1 sites that meet the targeting criteria in R309-210-6(3)(a)(vi) shall complete its sampling pool with sampling sites that contain copper pipes with lead solder installed before 1983. If additional sites are needed to complete its sampling pool, the non-transient non-community water system shall use representative sites throughout the distribution system. For the purpose of this paragraph, a representative site is a site in which the plumbing materials used at that site would be commonly found at other sites served by the water system.
(viii) Any water system whose distribution system contains lead service lines shall draw 50 percent of the samples it collects during each monitoring period from sites that contain lead pipes, or copper pipes with lead solder, and 50 percent of the samples from sites served by a lead service line. A water system that cannot identify a sufficient number of sampling sites served by a lead service line shall collect first draw samples from all of the sites identified as being served by such lines.
(b) Sample collection methods
(i) All tap samples for lead and copper collected in accordance with this section, with the exception of lead service line samples collected under R309-210-6(4)(c)(iii) and samples collected under (b)(v) of this section, shall be first draw samples.
(ii) Each first-draw tap sample for lead and copper shall be one liter in volume and have stood motionless in the plumbing system of each sampling site for at least six hours. First draw samples from residential housing shall be collected from the cold water kitchen tap or bathroom sink tap. First-draw samples from a nonresidential building shall be one liter in volume and shall be collected at an interior tap from which water is typically drawn for consumption. Non-first-draw samples collected in lieu of first-draw samples pursuant to paragraph (b)(v) of this section shall be one liter in volume and shall be collected at an interior tap from which water is typically drawn for consumption. First draw samples may be collected by the system or the system may allow residents to collect first draw samples after instructing the residents of the sampling procedures specified in this paragraph. To avoid problems with residents handling nitric acid, acidification of first draw samples may be done up to fourteen days after the sample is collected. After acidification to resolubilize the metals, the sample must stand in the original container for the time specified in R309-200-4(3). If a system allows residents to perform sampling, the system may not challenge, based on alleged errors in sample collection, the accuracy of sampling results.
(iii) Each service line sample shall be one liter in volume and have stood motionless in the lead service line for at least six hours. Lead service line samples shall be collected in one of the following three ways:
(A) at the tap after flushing the volume of water between the tap and the lead service line. The volume of water shall be calculated based on the interior diameter and length of the pipe between the tap and the lead service line;
(B) tapping directly into the lead service line; or
(C) if the sampling site is a building constructed as a single-family residence, allowing the water to run until there is a significant change in temperature which would be indicative of water that has been standing in the lead service line.
(iv) A water system shall collect each first draw tap sample from the same sampling site from which it collected a previous sample. If, for any reason, the water system cannot gain entry to a sampling site in order to collect a follow-up tap sample, the system may collect the follow-up tap sample from another sampling site in its sampling pool as long as the new site meets the same targeting criteria, and is within reasonable proximity of the original site.
(v) A non-transient non-community water system,
or a community water system that meets the criteria for R309-210-6(7)(b)(vii)[R309-210-6(7)(c)(vii)(A)
and (B)], that does not have enough taps that can supply first draw
samples, as defined in R309-110, may apply to the Executive Secretary in
writing to substitute non-first-draw samples.
Such systems must collect as many first draw samples from appropriate
taps as possible and identify sampling times and locations that would likely
result in the longest standing time for the remaining sites. The Executive Secretary herein waives the
requirement for prior Executive Secretary approval of non-first draw samples
sites selected by the system.
(c) Number of samples
Water systems shall collect at least one sample during each monitoring period specified in R309-210-6(3)(d) from the number of sites listed in the first column (standard monitoring) in Table 210-3. A system conducting reduced monitoring under R309-210-6(3)(d)(iv) may collect one sample from the number of sites specified in the second column (reduced monitoring) in Table 210-3 during each monitoring period specified in R309-210-6(3)(d)(iv). Such reduced monitoring sites shall be representative of the sites required for standard monitoring. A public water system that has fewer than five drinking water taps, that can be used for human consumption meeting the sample site criteria of R309-210-6(6)(a) to reach the required number of sample sites listed in paragraph (c) of this section, must collect at least one sample from each tap and then must collect additional samples from those taps on different days during the monitoring period to meet the required number of sites. Alternatively the Executive Secretary may allow these public water systems to collect a number of samples less than the number of sites specified in paragraph (c) of this section, provided that 100 percent of all taps that can be used for human consumption are sampled. The Executive Secretary must approve this reduction of the minimum number of samples in writing based on a request from the system or onsite verification by the Executive Secretary. The Executive Secretary may specify sampling locations when a system is conducting reduced monitoring to ensure that fewer number of sampling sites are representative of the risk to public health as outlined in R309-210-6(3)(a).
TABLE 210-3
NUMBER OF LEAD AND COPPER SAMPLING SITES
System Size # of sites # of sites
(# People Served) (Standard (Reduced
Monitoring) Monitoring)
Greater than 100,000 100 50
10,001[-] to 100,000 60 30
3,301 to 10,000 40 20
501 to 3,300 20 10
101 to 500 10 5
100 or less 5 5
(d) Timing of monitoring
(i) Initial tap sampling
The first six-month monitoring period for small, medium-size and large systems shall begin on the following dates in Table 210-4:
TABLE 210-4
INITIAL LEAD AND COPPER MONITORING PERIODS
System Size First six-month
(# People Served) Monitoring Period Begins On
Greater than 50,000 January 1, 1992
3,301 to 50,000 July 1, 1992
3,300 or less July 1, 1993
(A) All large systems shall monitor during two consecutive six-month periods.
(B) All small and medium-size systems shall monitor during each six-month monitoring period until:
(I) the system exceeds the lead or copper action level and is therefore required to implement the corrosion control treatment requirements under R309-210-6(2), in which case the system shall continue monitoring in accordance with R309-210-6(3)(d)(ii), or
(II) the system meets the lead and copper action levels during two consecutive six-month monitoring periods, in which case the system may reduce monitoring in accordance with R309-210-6(3)(d)(iv).
(ii) Monitoring after installation of corrosion control and source water treatment
(A) Any large system which installs optimal corrosion control treatment pursuant to R309-210-6(2)(d)(iv) shall monitor during two consecutive six-month monitoring periods by the date specified in R309-210-6(2)(d)(v).
(B) Any small or medium-size system which installs optimal corrosion control treatment pursuant to R309-210-6(2)(e)(v) shall monitor during two consecutive six-month monitoring periods by the date specified in R309-210-6(2)(e)(vi).
(C) Any system which installs source water treatment pursuant to R309-210-6(4)(b)(i)(C) shall monitor during two consecutive six-month monitoring periods by the date specified in R309-210-6(4)(b)(i)(D).
(iii) Monitoring after Executive Secretary specifies water quality parameter values for optimal corrosion control
After the Executive Secretary specifies the values for water quality control parameters under R309-210-6(4)(a)(vi), the system shall monitor during each subsequent six-month monitoring period, with the first monitoring period to begin on the date the Executive Secretary specifies the optimal values under R309-210-6(4)(a)(vi).
(iv) Reduced monitoring
(A) A small or medium-size water system that meets the lead and copper action levels during each of two consecutive six-month monitoring periods may reduce the number of samples in accordance with R309-210-6(3)(c), Table 210-3, and reduce the frequency of sampling to once per year. A small or medium water system collecting fewer than five samples as specified in paragraph (c) of this section, that meets the lead and copper action levels during each of two consecutive six-month monitoring periods may reduce the frequency of sampling to once per year. In no case can the system reduce the number of samples required below the minimum of one sample per available tap. This sampling shall begin during the calendar year immediately following the end of the second consecutive six-month monitoring period.
(B) Any water system that meets the lead action level
and maintains the range of values for the water quality control parameters
reflecting optimal corrosion control treatment specified by the Executive
Secretary under R309-210-6(4)(f) during each of two consecutive six-month
monitoring periods may reduce the frequency of monitoring to once per year and
reduce the number of lead and copper samples in accordance with paragraph (c)
of this section if it receives written approval from the Executive
Secretary. This sampling shall begin
during the calendar year immediately following the end of the second
consecutive six-month monitoring period.
The Executive Secretary shall review monitoring, treatment, and other
relevant information submitted by the water system in accordance with
R309-210-6(8), and shall notify the system in writing when it determines the
system is eligible to commence reduced monitoring pursuant to this paragraph. The Executive Secretary shall review, and
where appropriate, revise its determination when the system submits new
monitoring or treatment data, or when other data relevant to the number and
frequency of tap sampling becomes available.[Any water system
that maintains the range of values for the water quality control parameters
reflecting optimal corrosion control treatment specified by the Executive
Secretary under R309-210-6(4)(a)(vi) during each of two consecutive six-month
monitoring periods may reduce the frequency of monitoring to once per year and
reduce the number of lead and copper samples in accordance with
R309-210-6(3)(c), Table 210-3 if it receives written approval from the
Executive Secretary. The Executive
Secretary shall review monitoring, treatment, and other relevant information
submitted by the water system in accordance with R309-210-6(8), and shall
notify the system in writing when it determines the system is eligible to
commence reduced monitoring pursuant to this paragraph. The Executive Secretary shall review, and
where appropriate, revise its determination when the system submits new
monitoring or treatment data, or when other data relevant to the number and
frequency of tap sampling becomes available.]
(C) A small or medium-size water system that meets the
lead and copper action levels during three consecutive years of monitoring may
reduce the frequency of monitoring for lead and copper from annually to once
every three years. Any water system
that meets the lead action level and maintains the range of values for the
water quality control parameters reflecting optimal corrosion control treatment
specified by the Executive Secretary under R309-210-6(4)(f) during three
consecutive years of monitoring may reduce the frequency of monitoring from
annually to once every three years if it receives written approval from the
Executive Secretary. Samples collected
once every three years shall be collected no later than every third calendar
year. The Executive Secretary shall
review monitoring, treatment, and other relevant information submitted by the
water system in accordance with R309-210-6(8), and shall notify the system in
writing when it determines the system is eligible to reduce the frequency of
monitoring to once every three years.
The Executive Secretary shall review, and where appropriate, revise its
determination when the system submits new monitoring or treatment data, or when
other data relevant to the number and frequency of tap sampling becomes
available.[A small or medium-size water system that meets the
lead and copper action levels during three consecutive years of monitoring may
reduce the frequency of monitoring for lead and copper from annually to once
every three years. Any water system
that maintains the range of values for the water quality control parameters
reflecting optimal corrosion control treatment specified by the Executive
Secretary under R309-210-6(4)(a)(vi) during three consecutive years of
monitoring may reduce the frequency of monitoring from annually to once every
three years if it receives written approval from the Executive Secretary. The Executive Secretary shall review
monitoring, treatment, and other relevant information submitted by the water
system in accordance with R309-210-6(8), and shall notify the system in writing
when it determines the system is eligible to commence reduced monitoring to
once every three years. The Executive
Secretary shall review, and where appropriate, revise its determination when
the system submits new monitoring or treatment data, or when other data
relevant to the number and frequency of tap sampling becomes available.]
(D) A water system that reduces the number and frequency of sampling shall collect these samples from representative sites included in the pool of targeted sampling sites identified in R309-210-6(3)(a). Systems sampling annually or less frequently shall conduct the lead and copper tap sampling during the months of June, July, August or September unless the Executive Secretary has approved a different sampling period in accordance with paragraph (d)(iv)(D)(I) of this section.
(I) The Executive Secretary, at its discretion, may
approve a different period for conducting the lead and copper tap sampling for
systems collecting a reduced number of samples. Such a period shall be no longer than four consecutive months and
must represent a time of normal operation where the highest levels of lead are
most likely to occur. For a
non-transient non-community water system that does not operate during the months
of June through September, and for which the period of normal operation where
the highest levels of lead are most likely to occur is not known, the Executive
Secretary shall designate a period that represents a time of normal operation
for the system. This sampling shall
begin during the period approved or designated by the State in the calendar
year immediately following the end of the second consecutive six-month
monitoring period for systems initiating annual monitoring and during the
three-year period following the end of the third consecutive calendar year of
annual monitoring for systems initiating triennial monitoring.[The
Executive Secretary, at its discretion, may approve a different period for
conducting the lead and copper sampling for systems collecting a reduced number
of samples. Such a period shall be no
longer than four consecutive months and must represent a time of normal
operation where the highest levels of lead are most likely to occur. For a non-transient non-community water system
that does not operate during the months of June through September, and for
which the period of normal operation where the highest levels of lead are most
likely to occur is not known, the Executive Secretary shall designate a period
that represents a time of normal operation for the system.]
(II) Systems monitoring annually, that have been collecting samples during the months of June through September and that receive Executive Secretary approval to alter their sample collection period under paragraph (d)(iv)(D)(I) of this section, must collect their next round of samples during a time period that ends no later than 21 months after the previous round of sampling. Systems monitoring triennially that have been collecting samples during the months of June through September, and receive Executive Secretary approval to alter the sampling collection period as per (d)(iv)(D)(I) of this section, must collect their next round of samples during a time period that ends no later than 45 months after the previous round of sampling. Subsequent rounds of sampling must be collected annually or triennially, as required by this section. Small systems with waivers, granted pursuant to paragraph (g) of this section, that have been collecting samples during the months of June through September and receive Executive Secretary approval to alter their sample collection period under paragraph (d)(iv)(D)(I) of this section must collect their next round of samples before the end of the 9 year period.
(E) Any water system that demonstrates for two consecutive 6 month monitoring periods that the tap water lead level computed under R309-200-5(2)(c) is less than or equal to 0.005 mg/L and the tap water copper level computed under R309-200-5(2)(c) is less than or equal to 0.65 mg/L may reduce the number of samples in accordance paragraph (c) of this section and reduce the frequency of sampling to once every three calendar years.
(F)(I) A small or medium-size water system subject to reduced monitoring that exceeds the lead or copper action level shall resume sampling in accordance R309-210-6(3)(d)(iii) and collect the number of samples specified for standard monitoring under R309-210-6(3)(c), Table 210-3. Such system shall also conduct water quality parameter monitoring in accordance with R309-210-6(5)(b), (c) or (d) (as appropriate) during the monitoring period in which it exceeded the action level. Any such system may resume annual monitoring for lead and copper at the tap at the reduced number of sites specified in paragraph (c) of this section after it has completed two subsequent consecutive six month rounds of monitoring that meet the criteria of paragraph (d)(iv)(A) of this section or may resume triennial monitoring for lead and copper at the reduced number of sites after it demonstrates through subsequent rounds of monitoring that it meets the criteria of either paragraph (d)(vi)(C) or (d)(iv)(D) of this section.
(II) Any water system subject to the reduced monitoring
frequency that fails to meet the lead action level during any four-month
monitoring period or that fails to operate at or above the minimum value or
within the range of values for the water quality parameters specified by the
Executive Secretary under R309-210-6(4)(f) for more than nine days in any
six-month period specified in R309-210-6(5)(d) shall conduct tap water sampling
for lead and copper at the frequency specified in paragraph (d)(iii) of this
section, collect the number of samples specified for standard monitoring under
paragraph (c) of this section, and shall resume monitoring for water quality
parameters within the distribution system in accordance with
R309-210-6(5)(d). This standard tap
water sampling shall begin no later than the six-month period beginning January
1 of the calendar year following the lead action level exceedance or water
quality parameter excursion. Such a
system may resume reduced monitoring for lead and copper at the tap and for
water quality parameters within the distribution system under the following
conditions:[Any water system subject to the reduced monitoring
frequency that fails to operate at or above the minimum value or within the
range of values for the water quality parameters specified by the Executive
Secretary under R309-210-6(4)(a)(vi) for more than 9 days in any six month
period specified in R309-210-6(5)(d) shall conduct tap water sampling for lead
and copper at the frequency specified in paragraph (d)(iii) of this section,
collect the number of samples specified for standard monitoring under paragraph
(c) of this section, and shall resume monitoring for water quality parameters
within the distribution system in accordance with sec R309-210-6(5)(d). Such a system may resume reduced monitoring
for lead and copper at the tap and for water quality parameters within the
distribution system under the following conditions:]
(aa) The system may resume annual monitoring for lead and copper at the tap at the reduced number of sites specified in paragraph (c) of this section after it has completed two subsequent six month rounds of monitoring that meet the criteria of paragraph (d)(iv)(B) of this section and the system has received written approval from the Executive Secretary that it is appropriate to resume reduced monitoring on an annual frequency. This sampling shall begin during the calendar year immediately following the end of the second consecutive six-month monitoring period.
(bb) The system may resume triennial monitoring for lead and copper at the tap at the reduced number of sites after it demonstrates through subsequent rounds of monitoring that it meets the criteria of either paragraph (d)(iv)(C) or (d)(iv)(E) of this section and the system has received written approval from the Executive Secretary that it is appropriate to resume triennial monitoring.
(cc) The system may reduce the number of water quality parameter tap water samples required in accordance with R309-210-6(5)(e)(i) and the frequency with which it collects such samples in accordance with R309-210-6(5)(e)(ii). Such a system may not resume triennial monitoring for water quality parameters at the tap until it demonstrates, in accordance with the requirements of R309-210-6(5)(e)(ii), that it has requalified for triennial monitoring.
(G) Any water system subject to a reduced monitoring
frequency under paragraph (d)(iv) of this section shall notify the Executive
Secretary in writing in accordance with R309-210-6(8)(a)(iii) of any upcoming
long-term change in treatment or addition of a new source as described in that
section. The Executive Secretary must
review and approve the addition of a new source or long-term change in water
treatment before it is implemented by the water system.[Any water system subject to a reduced monitoring frequency under
paragraph (d)(iv) of this section that either adds a new source of water or
changes any water treatment shall inform the Executive Secretary in writing in
accordance with R309-210-6(8)(a)(iii).] The Executive Secretary may
require the system to resume sampling in accordance with paragraph (d)(iii) of
this section and collect the number of samples specified for standard
monitoring under paragraph (c) of this section or take other appropriate steps
such as increased water quality parameter monitoring or re-evaluation of its
corrosion control treatment given the potentially different water quality
considerations.
(e) Additional monitoring by systems
The results of any monitoring conducted in addition to the minimum requirements of this section shall be considered by the system and the Executive Secretary in making any determinations (i.e., calculating the 90th percentile lead or copper level).
(f) Invalidation of lead or copper tap water samples. A sample invalidated under this paragraph does not count toward determining lead or copper 90th percentile levels under Sec. 141.80 (c) (3) or toward meeting the minimum monitoring requirements of paragraph (c) of this section.
(i) The Executive Secretary may invalidate a lead or copper tap water sample at least if one of the following conditions is met.
(A) The laboratory establishes that improper sample analysis caused erroneous results.
(B) The Executive Secretary determines that the sample was taken from a site that did not meet the site selection criteria of this section.
(C) The sample container was damaged in transit.
(D) There is substantial reason to believe that the sample was subject to tampering.
(ii) The system must report the results of all samples to the Executive Secretary and all supporting documentation for samples the system believes should be invalidated.
(iii) To invalidate a sample under paragraph (f)(i) of this section, the decision and the rationale for the decision must be documented in writing. The Executive Secretary may not invalidate a sample solely on the grounds that a follow-up sample result is higher or lower than that of the original sample.
(iv) The water system must collect replacement samples for any samples invalidated under this section if, after the invalidation of one or more samples, the system has too few samples to meet the minimum requirements of paragraph (c) of this section. Any such replacement samples must be taken as soon as possible, but no later than 20 days after the date the Executive Secretary invalidates the sample or by the end of the applicable monitoring period, whichever occurs later. Replacement samples taken after the end of the applicable monitoring period shall not also be used to meet the monitoring requirements of a subsequent monitoring period. The replacement samples shall be taken at the same locations as the invalidated samples or, if that is not possible, at locations other than those already used for sampling during the monitoring period.
(g) Monitoring waivers for small systems. Any small system that meets the criteria of this paragraph may apply to the Executive Secretary to reduce the frequency of monitoring for lead and copper under this section to once every nine years (i.e., a full waiver) if it meets all of the materials criteria specified in paragraph (g)(i) of this section and all of the monitoring criteria specified in paragraph (g) (ii) of this section. Any small system that meets the criteria in paragraphs (g) (i) and (ii) of this section only for lead, or only for copper, may apply to the Executive Secretary for a waiver to reduce the frequency of tap water monitoring to once ever nine years for that contaminant only (i.e., a partial waiver).
(i) Materials criteria. The system must demonstrate that its distribution system and service lines and all drinking water supply plumbing, including plumbing conveying drinking water within all residences and buildings connected to the system, are free of lead-containing materials and/or copper-containing materials, as those terms are defined in this paragraph, as follows:
(A) Lead. To qualify for a full waiver, or a waiver of the tap water monitoring requirements for lead (i.e., a lead waiver), the water system must provide certification and supporting documentation to the Executive Secretary that the system is free of all lead-containing materials, as follows:
(I) It contains no plastic pipes which contain lead plasticizers, or plastic service lines which contain lead plasticizers; and
(II) It is free of lead service lines, lead pipes, lead soldered pipe joints, and leaded brass or bronze alloy fittings and fixtures, unless such fittings and fixtures meet the specifications of any standard established pursuant to 42 U.S.C. 300g-6(e) (SDWA section 1417 (e)).
(B) Copper. To qualify for a full waiver, or waiver of the tap water monitoring requirements for copper (i.e., a copper waiver), the water system must provide certification and supporting documentation to the Executive Secretary that the system contains no copper pipes or copper service lines.
(ii) Monitoring criteria for waiver issuance. The system must have completed at least one 6-month round of standard tap water monitoring for lead and copper at sites approved by the Executive Secretary and from the number of sites required by paragraph (c) of this section and demonstrate that the 90th percentile levels for any and all rounds of monitoring conducted since the system became free of all lead-containing and/or copper-containing materials, as appropriate, meet the following criteria.
(A) Lead levels. To qualify for a full waiver, or a lead waiver, the system must demonstrate that the 90th percentile lead level does not exceed 0.005 mg/L.
(B) Copper levels. To qualify for a full waiver, or a copper waiver, the system must demonstrate that the 90th percentile lead level does not exceed 0.65 mg/L.
(iii) Executive Secretary approval of waiver application. The Executive Secretary shall notify the system of its waiver determination, in writing, setting forth the basis of its decision and any condition of the waiver. As a condition of the waiver, the Executive Secretary may require the system to perform specific activities (e.g., limited monitoring, periodic outreach to customers to remind them to avoid installation of materials that might void the waiver) to avoid the risk of lead or copper concentration of concern in tap water. The small system must continue monitoring for lead and copper at the tap as required by paragraphs (d) (i) through (d) (iv) of this section, as appropriate, until it receives written notification from the Executive Secretary the waiver has been approved.
(iv) Monitoring frequency for systems with waivers.
(A) A system with a full waiver must conduct tap water monitoring for lead and copper in accordance with paragraph (d)(iv)(D) of this section at the reduced number of sampling sites identified in paragraph (c) of this section at least once every nine years and provide the materials certification specified in paragraph (g)(i) of this section for both lead and copper to the Executive Secretary along with the monitoring results. Samples collected every nine years shall be collected no later than every ninth calendar year.
(B) A system with a partial waiver must conduct tap water monitoring for the waived contaminant in accordance with paragraph (d)(iv)(D) of this section at the reduced number of sampling sites specified in paragraph (c) of this section at least once every nine years and provide the materials certification specified in paragraph (g)(i) of this section pertaining to the waived contaminant along with the monitoring results. Such a system also must continue to monitor for the non-waived contaminant in accordance with requirements of paragraph (d)(i) through (d)(iv) of this section, as appropriate.
(C) Any water system with a full or partial waiver shall
notify the Executive Secretary in writing in accordance with
R309-210-6(8)(a)(iii) of any upcoming long-term change in treatment or addition
of a new source, as described in that section.
The Executive Secretary must review and approve the addition of a new
source or long-term change in water treatment before it is implemented by the
water system.[If a system with a full or partial waiver adds a new
source of water or changes any water treatment, the system must notify the
Executive Secretary in writing in accordance with R309-210-6(8)(a)(iii).] The Executive Secretary has the authority to
require the system to add or modify waiver conditions (e.g., require
recertification that the system is free of lead-containing and/or
copper-containing materials, require additional round(s) of monitoring), if it
deems such modifications are necessary to address treatment or source water
changes at the system.
(D) If a system with a full or partial waiver because aware that it is no longer free of lead-containing or copper-containing materials, as appropriate, (e.g., as a result of new construction or repairs), the system shall notify the Executive Secretary in writing no later than 60 days after becoming aware of such a change.
(v) Continued eligibility. If the system continues to satisfy the requirements of paragraph (g) (iv) of this section, the waiver will be renewed automatically, unless any of the conditions listed in paragraph (g)(v)(A) through (g)(v)(C) of this section occurs. A system whose waiver has been revoked may re-apply for a waiver at such time as it again meets the appropriate materials and monitoring criteria of paragraphs (g)(i) and (g)(ii) of this section.
(A) A system with a full waiver or lead waiver no longer satisfies the materials criteria of paragraph (g)(i)(A) of this section or has a 90th percentile lead level greater than 0.005 mg/L.
(B) A system with a full waiver or a copper waiver no longer satisfies the materials criteria of paragraph (g)(i)(B) of this section or has a 90th percentile copper level greater than 0.65 mg/L.
(C) The Executive Secretary notifies the system, in writing, that the waiver has been revoked, setting forth the basis of its decision.
(vi) Requirements following waiver revocation. A system whose full or partial waiver has been revoked by the Executive Secretary is subject to the corrosion control treatment and lead and copper tap water monitoring requirements, as follows:
(A) If the system exceeds the lead and/or copper action level, the system must implement corrosion control treatment in accordance with the deadlines specified in R309-210-6(2)(e), and any other applicable requirements of this subpart.
(B) If the system meets both the lead and the copper action level, the system must monitor for lead and copper at the tap no less frequently than once every three years using the reduced number of sample sites specified in paragraph (c) of this section.
(vii) Pre-existing waivers. Small system waivers approved by the Executive Secretary in writing prior to April 11, 2000 shall remain in effect under the following conditions:
(A) If the system has demonstrated that it is both free of lead-containing and copper- containing materials, as required by paragraph (g)(i) of this section and that its 90th percentile lead levels and 90th percentile copper levels meet the criteria of paragraph (g)(ii) of this section, the waiver remains in effect so long as the system continues to meet the waiver eligibility criteria of paragraph (g)(v) of this section. The first round of tap water monitoring conducted pursuant to paragraph (g)(iv) of this section shall be completed no later than nine years after the last time the system has monitored for lead and copper at the tap.
(B) If the system has met the materials criteria of paragraph (g)(i) of this section but has not met the monitoring criteria of paragraph (g)(ii) of this section, the system shall conduct a round of monitoring for lead and copper at the tap demonstrating that it meets the criteria of paragraph (g)(ii) of this section no later than September 30, 2000. Thereafter, the waiver shall remain in effect as long as the system meets the continued eligibility criteria of paragraph (g)(v) of this section. The first round of tap water monitoring conducted pursuant to paragraph (g)(iv) of this section shall be completed no later than nine years after the round of monitoring conducted pursuant to paragraph (g)(ii) of this section.
(4) Corrosion Control for Control of Lead and Copper
(a) Description of corrosion control treatment requirements.
Each system shall complete the corrosion control treatment requirements described below which are applicable to such system under R309-210-6(2).
(i) System recommendation regarding corrosion control treatment
Based upon the results of lead and copper tap monitoring and water quality parameter monitoring, small and medium-size water systems exceeding the lead or copper action level shall recommend installation of one or more of the corrosion control treatments listed in R309-210-6(4)(a)(iii)(A) which the system believes constitutes optimal corrosion control for that system. The Executive Secretary may require the system to conduct additional water quality parameter monitoring in accordance with R309-210-6(5)(b) to assist the Executive Secretary in reviewing the system's recommendation.
(ii) Studies of corrosion control treatment required for small and medium-size systems.
The Executive Secretary may require any small or medium-size system that exceeds the lead or copper action level to perform corrosion control studies under R309-210-6(4)(a)(iii) to identify optimal corrosion control treatment for the system.
(iii) Performance of corrosion control studies
(A) Any public water system performing corrosion control studies shall evaluate the effectiveness of each of the following treatments, and, if appropriate, combinations of the following treatments to identify the optimal corrosion control treatment for that system:
(I) alkalinity and pH adjustment;
(II) calcium hardness adjustment; and
(III) the addition of a phosphate or silicate based corrosion inhibitor at a concentration sufficient to maintain an effective residual concentration in all test tap samples.
(B) The water system shall evaluate each of the corrosion control treatments using either pipe rig/loop tests, metal coupon tests, partial-system tests, or analyses based on documented analogous treatments with other systems of similar size, water chemistry and distribution system configuration.
(C) The water system shall measure the following water quality parameters in any tests conducted under this paragraph before and after evaluating the corrosion control treatments listed above:
(I) lead;
(II) copper;
(III) pH;
(IV) alkalinity;
(V) calcium;
(VI) conductivity;
(VII) orthophosphate (when an inhibitor containing a phosphate compound is used);
(VIII) silicate (when an inhibitor containing a silicate compound is used);
(IX) water temperature.
(D) The water system shall identify all chemical or physical constraints that limit or prohibit the use of a particular corrosion control treatment and document such constraints with at least one of the following:
(I) data and documentation showing that a particular corrosion control treatment has adversely affected other water treatment processes when used by another water system with comparable water quality characteristics; and/or
(II) data and documentation demonstrating that the water system has previously attempted to evaluate a particular corrosion control treatment and has found that the treatment is ineffective or adversely affects other water quality treatment processes.
(E) The water system shall evaluate the effect of the chemicals used for corrosion control treatment on other water quality treatment processes.
(F) On the basis of an analysis of the data generated during each evaluation, the water system shall recommend to the Executive Secretary in writing the treatment option that the corrosion control studies indicate constitutes optimal corrosion control treatment for that system. The water system shall provide a rationale for its recommendation along with all supporting documentation specified in R309-210-6(4)(a)(iii)(A) through R309-210-6(4)(a)(iii)(E).
(iv) Designation of optimal corrosion control treatment
(A) Based upon consideration of available information including, where applicable, studies performed under R309-210-6(4)(a)(iii) and a system's recommended treatment alternative, the Executive Secretary shall either approve the corrosion control treatment option recommended by the system, or designate alternative corrosion control treatment(s) from among those listed in R309-210-6(4)(a)(iii)(A). When designating optimal treatment the Executive Secretary shall consider the effects that additional corrosion control treatment will have on water quality parameters and on other water quality treatment processes.
(B) The Executive Secretary shall notify the system of its decision on optimal corrosion control treatment in writing and explain the basis for this determination. If the Executive Secretary requests additional information to aid its review, the water system shall provide the information.
(v) Installation of optimal corrosion control
Each system shall properly install and operate throughout its distribution system the optimal corrosion control treatment designated by the Executive Secretary under R309-210-6(4)(a)(iv).
(vi) Review of treatment and specification of optimal water quality control parameters
The Executive Secretary shall evaluate the results of all lead and copper tap samples and water quality parameter samples submitted by the water system and determine whether the system has properly installed and operated the optimal corrosion control treatment designated by the Executive Secretary in R309-210-6(4)(a)(iv). Upon reviewing the results of tap water and water quality parameter monitoring by the system, both before and after the system installs optimal corrosion control treatment, the Executive Secretary shall designate:
(A) A minimum value or a range of values for pH measured at each entry point to the distribution system;
(B) A minimum pH value, measured in all tap samples. Such value shall be equal to or greater than 7.0, unless the Executive Secretary determines that meeting a pH level of 7.0 is not technologically feasible or is not necessary for the system to optimize corrosion control;
(C) If a corrosion inhibitor is used, a minimum concentration or a range of concentrations for the inhibitor, measured at each entry point to the distribution system and in all tap samples, that the Executive Secretary determines is necessary to form a passivating film on the interior walls of the pipes of the distribution system;
(D) If alkalinity is adjusted as part of optimal corrosion control treatment, a minimum concentration or a range of concentrations for alkalinity, measured at each entry point to the distribution system and in all tap samples;
(E) If calcium carbonate stabilization is used as part of corrosion control, a minimum concentration or a range of concentrations for calcium, measured in all tap samples.
The values for the applicable water quality control parameters listed above shall be those that the Executive Secretary determines to reflect optimal corrosion control treatment for the system. The Executive Secretary may designate values for additional water quality control parameters determined by the Executive Secretary to reflect optimal corrosion control for the system. The Executive Secretary shall notify the system in writing of these determinations and explain the basis for the decisions.
(vii) Continued operation and monitoring. All systems optimizing corrosion control shall continue to operate and maintain optimal corrosion control treatment, including maintaining water quality parameters at or above minimum values or within ranges designated by the Executive Secretary under paragraph (vi) of this section, in accordance with this paragraph for all samples collected under R309-210-6(5)(d) through (f). Compliance with the requirements of this paragraph shall be determined every six months, as specified under R309-210-6(5)(d). A water system is out of compliance with the requirements of this paragraph for a six-month period of it has excursions for any Executive Secretary specified parameter on more than nine days during the period. An excursion occurs whenever the daily value for one or more of the water quality parameters measured at a sampling location is below the minimum value or outside the range designated by the Executive Secretary. Daily values are calculated as follows. The Executive Secretary has discretion to delete results of obvious sampling errors from this calculation.
(A) On days when more than one measurement for the water quality parameter is collected at the sampling location, the daily value shall be the average of all results collected during the day regardless of whether they are collected through continuous monitoring, grab sampling, or combination of both.
(B) On days when only one measurement for the water quality parameter is collected at the sampling location, the daily value shall be the result of that measurement.
(C) On days when no measurement is collected for the water quality parameter at the sampling location, the daily value shall be the daily value calculated on the most recent day on which the water quality parameter was measured at the sample site.
(viii) Modification of treatment decisions
Upon its own initiative or in response to a request by a water system or other interested party, the Executive Secretary may modify its determination of the optimal corrosion control treatment under R309-210-6(4)(a)(iv) or optimal water quality control parameters under R309-210-6(4)(a)(vi). A request for modification by a system or other interested party shall: be in writing, explain why the modification is appropriate, and provide supporting documentation. The Executive Secretary may modify its determination where it concludes that such change is necessary to ensure that the system continues to optimize corrosion control treatment. A revised determination shall: be made in writing, set forth the new treatment requirements, explain the basis for the Executive Secretary's decision, and provide an implementation schedule for completing the treatment modifications.
(b) Source water treatment requirements.
Systems shall complete the applicable source water monitoring and treatment requirements (described in the referenced portions of R309-210-6(4)(b)(ii), and in R309-210-6(3), and R309-210-6(6)) by the following deadlines.
(i) Deadlines for Completing Source Water Treatment Steps
(A) Step 1: A
system exceeding the lead or copper action level shall complete lead and copper
source water monitoring (R309-210-6(6)(b)) and make a treatment recommendation
to the Executive Secretary (R309-210-6(4)(b)(i)) no later than 180 days after
the end of the monitoring period during which the lead or copper action level
was exceeded.[Step 1: A
system exceeding the lead or copper action level shall complete lead and copper
source water monitoring (R309-210-6(6)(b)) and make a treatment recommendation
to the Executive Secretary (R309-210-6(4)(b)(ii)(A)) within 6 months after
exceeding the lead or copper action level.]
(B) Step 2: The Executive Secretary shall make a determination regarding source water treatment (R309-210-6(4)(b)(ii)(B)) within 6 months after submission of monitoring results under step 1.
(C) Step 3: If the Executive Secretary requires installation of source water treatment, the system shall install the treatment (R309-210-6(4)(b)(ii)(C)) within 24 months after completion of step 2.
(D) Step 4: The system shall complete follow-up tap water monitoring (R309-210-6(3)(d)(ii)) and source water monitoring (R309-210-6(6)(c)) within 36 months after completion of step 2.
(E) Step 5: The Executive Secretary shall review the system's installation and operation of source water treatment and specify maximum permissible source water levels (R309-210-6(4)(b)(ii)(D)) within 6 months after completion of step 4.
(F) Step 6: The system shall operate in compliance with the Executive Secretary specified maximum permissible lead and copper source water levels (R309-210-6(4)(b)(ii)(D)) and continue source water monitoring (R309-210-6(6)(d)).
(ii) Description of Source Water Treatment Requirements
(A) System treatment recommendation
Any system which exceeds the lead or copper action level shall recommend in writing to the Executive Secretary the installation and operation of one of the source water treatments listed in R309-210-6(4)(b)(ii)(B). A system may recommend that no treatment be installed based upon a demonstration that source water treatment is not necessary to minimize lead and copper levels at users' taps.
(B) Determination regarding source water treatment
The Executive Secretary shall complete an evaluation of the results of all source water samples submitted by the water system to determine whether source water treatment is necessary to minimize lead or copper levels in water delivered to users' taps. If the Executive Secretary determines that treatment is needed, the Executive Secretary shall either require installation and operation of the source water treatment recommended by the system (if any) or require the installation and operation of another source water treatment from among the following: ion exchange, reverse osmosis, lime softening or coagulation/filtration. If the Executive Secretary requests additional information to aid in its review, the water system shall provide the information by the date specified by the Executive Secretary in its request. The Executive Secretary shall notify the system in writing of its determination and set forth the basis for its decision.
(C) Installation of source water treatment
Each system shall properly install and operate the source water treatment designated by the Executive Secretary under R309-210-6(4)(b)(ii)(B).
(D) Review of source water treatment and specification of maximum permissible source water levels
The Executive Secretary shall review the source water samples taken by the water system both before and after the system installs source water treatment, and determine whether the system has properly installed and operated the source water treatment designated by the Executive Secretary. Based upon its review, the Executive Secretary shall designate the maximum permissible lead and copper concentrations for finished water entering the distribution system. Such levels shall reflect the contaminant removal capability of the treatment properly operated and maintained. The Executive Secretary shall notify the system in writing and explain the basis for its decision.
(E) Continued operation and maintenance
Each water system shall maintain lead and copper levels below the maximum permissible concentrations designated by the Executive Secretary at each sampling point monitored in accordance with R309-210-6(6). The system is out of compliance with this paragraph if the level of lead or copper at any sampling point is greater than the maximum permissible concentration designated by the Executive Secretary.
(F) Modification of treatment decisions
Upon its own initiative or in response to a request by a water system or other interested party, the Executive Secretary may modify its determination of the source water treatment under R309-210-6(4)(b)(ii)(B), or maximum permissible lead and copper concentrations for finished water entering the distribution system under R309-210-6(4)(b)(ii)(D). A request for modification by a system or other interested party shall: be in writing, explain why the modification is appropriate, and provide supporting documentation. The Executive Secretary may modify the determination where it concludes that such change is necessary to ensure that the system continues to minimize lead and copper concentrations in source water. A revised determination shall: be made in writing, set forth the new treatment requirements, explain the basis for the Executive Secretary's decision, and provide an implementation schedule for completing the treatment modifications.
(c) Lead service line replacement requirements.
(i)(A) Systems that fail to meet the lead action level in tap samples taken pursuant to R309-210-6(3)(d)(ii), after installing corrosion control and/or source water treatment (whichever sampling occurs later), shall replace lead service lines in accordance with the requirements of this section. If a system is in violation of R309-210-6(2) or R309-210-6(4)(b) for failure to install source water or corrosion control treatment, the Executive Secretary may require the system to commence lead service line replacement under this section after the date by which the system was required to conduct monitoring under R309-104-4.2.3.d.2. has passed. The first year of lead service line replacement shall begin on the first day following the end of the monitoring period in which the action level was exceeded under paragraph (a) of this section. If monitoring is required annually or less frequently, the end of the monitoring period is September 30 of the calendar year in which the sampling occurs. If the Executive Secretary has established an alternate monitoring period, then the end of the monitoring period will be the last day of that period.
(B) Any water system resuming a lead service line replacement program after the cessation of its lead service line replacement program as allowed by paragraph (f) of this section shall update its inventory of lead service lines to include those sites that were previously determined not to require replacement through the sampling provision under paragraph (c) of this section. The system will then divide the updated number of remaining lead service lines by the number of remaining years in the program to determine the number of lines that must be replaced per year (7 percent lead service line replacement is based on a 15-year replacement program, so, for example, systems resuming lead service line replacement after previously conducting two years of replacement would divide the updated inventory by 13). For those systems that have completed a 15-year lead service line replacement program, the Executive Secretary will determine a schedule for replacing or retesting lines that were previously tested out under the replacement program when the system re-exceeds the action level.
(ii) A system shall replace annually at least 7 percent of the initial number of lead service lines in its distribution system. The initial number of lead service lines is the number of lead lines in place at the time the replacement program begins. The system shall identify the initial number of lead service lines in its distribution system, including an identification of the portion(s) owned by the system, based upon a materials evaluation, including the evaluation required under R309-210-6(3)(a) and relevant legal authorities (e.g., contracts, local ordinances) regarding the portion owned by the system. The first year of lead service line replacement shall begin on the date the action level was exceeded in tap sampling referenced in R309-210-6(4)(c)(i).
(iii) A system is not required to replace an individual lead service line if the lead concentration in all service line samples from that line, taken pursuant to R309-210-6(3)(b)(iii), is less than or equal to 0.015 mg/L.
(iv) A water system shall replace that portion of the lead service line that it owns. In cases where the system does not own the entire lead service line, the system shall notify the owner of the line, or the owner's authorized agent, that the system will replace the portion of the service line that it owns and shall offer to replace the owner's portion of the line. A system is not required to bear the cost of replacing the privately-owned portion of the line, nor is it required to replace the privately-owned portion where the owner chooses not to pay the cost of replacing the privately owned portion of the line, or where replacing the privately-owned portion would be precluded by State, local or common law. A water system that does not replace the entire length of the service line also shall complete the following tasks.
(A) At least 45 days prior to commencing with the partial replacement of a lead service line, the water system shall provide notice to the resident(s) of all buildings served by the line explaining that they may experience a temporary increase of lead levels in their drinking water, along with guidance on measures consumers can take to minimize their exposure to lead. The Executive Secretary may allow the water system to provide notice under the previous sentence less than 45 days prior to commencing partial lead service line replacement where such replacement is in conjunction with emergency repairs. In addition, the water system shall inform the resident(s) served by the line that the system will, at the system's expense, collect a sample from each partially-replaced lead service line that is representative of the water in the service line for analysis of lead content, as prescribed under R309-210-6(3)(b)(iii), within 72 hours after the completion of the partial replacement of the service line. The system shall collect the sample and report the results of the analysis to the owner and the resident(s) served by the line within three business days of receiving the results. Mailed notices post-marked within three business days of receiving the results shall be considered on time.
(B) The water system shall provide the information required by paragraph (c)(iv)(A) of this section to the residents of individual dwellings by mail or by other methods approved by the Executive Secretary. In instances where multi-family dwellings are served by the line, the water system shall have the option to post the information at a conspicuous location.
(v) The Executive Secretary shall require a system to replace lead service lines on a shorter schedule than that required by this section, taking into account the number of lead service lines in the system, where such a shorter replacement schedule is feasible. The Executive Secretary shall make this determination in writing and notify the system of its finding within 6 months after the system is triggered into lead service line replacement based on monitoring referenced in R309-210-6(4)(c)(i).
(vi) Any system may cease replacing lead service lines whenever first draw samples collected pursuant to R309-210-6(3)(b)(ii) meet the lead action level during each of two consecutive monitoring periods and the system submits the results to the Executive Secretary. If first draw tap samples collected in any such water system thereafter exceeds the lead action level, the system shall recommence replacing lead service lines, pursuant to R309-210-6(4)(c)(ii)(B).
(vii) To demonstrate compliance with R309-210-6(4)(c)(i) through R309-210-6(4)(c)(iv), a system shall report to the Executive Secretary the information specified in R309-210-6(8)(e).
(5) Monitoring requirements for water quality parameters.
All large water systems and all small and medium-size systems that exceed the lead or copper action level shall monitor water quality parameters in addition to lead and copper in accordance with this section.
(a) General Requirements
(i) Sample collection methods
(A) Tap samples shall be representative of water quality throughout the distribution system taking into account the number of persons served, the different sources of water, the different treatment methods employed by the system, and seasonal variability. Tap sampling under this section is not required to be conducted at taps targeted for lead and copper sampling under R309-210-6(3)(a).
(B) Samples collected at the entry point(s) to the distribution system shall be from locations representative of each source after treatment. If a system draws water from more than one source and the sources are combined before distribution, the system must sample at an entry point to the distribution system during periods of normal operating conditions (i.e., when water is representative of all sources being used).
(ii) Number of samples
(A) Systems shall collect two tap samples for applicable water quality parameters during each monitoring period specified under R309-210-6(5)(b) through R309-210-6(5)(e) from the following number of sites in Table 210-5.
TABLE 210-5
NUMBER OF WATER QUALITY PARAMETER SAMPLE SITES
System Size # of Sites For
(# People Served) Water Quality Parameters
Greater than 100,000 25
10,001[-] to 100,000 10
3,301 to 10,000 3
501 to 3,300 2
101 to 500 1
100 or less 1
(B) Except as provided in paragraph (c)(iii) of this section, Systems shall collect two samples for each applicable water quality parameter at each entry point to the distribution system during each monitoring period specified in R309-210-6(5)(b). Systems shall collect one sample for each applicable water quality parameter at each entry point to the distribution system during each monitoring period specified in R309-210-6(5)(c) through R309-210-6(5)(e).
(b) Initial Sampling
All large water systems shall measure the applicable water quality parameters as specified below at taps and at each entry point to the distribution system during each six-month monitoring period specified in R309-210-6(3)(d)(i). All small and medium-size systems shall measure the applicable water quality parameters at the locations specified below during each six-month monitoring period specified in R309-210-6(3)(d)(i) during which the system exceeds the lead or copper action level.
(i) At taps:
(A) pH;
(B) alkalinity;
(C) orthophosphate, when an inhibitor containing a phosphate compound is used;
(D) silica, when an inhibitor containing a silicate compound is used;
(E) calcium;
(F) conductivity; and
(G) water temperature.
(ii) At each entry point to the distribution system: all of the applicable parameters listed in R309-210-6(5)(b)(i).
(c) Monitoring after installation of corrosion control
Any large system which installs optimal corrosion control treatment pursuant to R309-210-6(2)(d)(iv) shall measure the water quality parameters at the locations and frequencies specified below during each six-month monitoring period specified in R309-210-6(3)(d)(ii)(A). Any small or medium-size system which installs optimal corrosion control treatment shall conduct such monitoring during each six-month monitoring period specified in R309-210-6(3)(d)(ii)(B) in which the system exceeds the lead or copper action level.
(i) At taps, two samples for:
(A) pH;
(B) alkalinity;
(C) orthophosphate, when an inhibitor containing a phosphate compound is used;
(D) silica, when an inhibitor containing a silicate compound is used;
(E) calcium, when calcium carbonate stabilization is used as part of corrosion control.
(ii) Except as provided in Paragraph (c)(iii) of this section, at each entry point to the distribution system, at least on sample no less frequently than every two weeks (bi-weekly) for:
(A) pH;
(B) when alkalinity is adjusted as part of optimal corrosion control, a reading of the dosage rate of the chemical used to adjust alkalinity, and the alkalinity concentration; and
(C) when a corrosion inhibitor is used as part of optimal corrosion control, a reading of the dosage rate of the inhibitor used, and the concentration of orthophosphate or silica (whichever is applicable).
(iii) Any ground water system can limit entry point sampling described in paragraph (c)(ii) of this section to those entry points that are representative of water quality and treatment conditions throughout the system. If water from untreated ground water sources mixes with water from treated ground water sources, the system must monitor for water quality parameters both at representative entry points receiving treatment and representative entry points receiving no treatment. Prior to the start of any monitoring under this paragraph, the system shall provide to the Executive Secretary written information identifying the selected entry points and documentation, including information on seasonal variability, sufficient to demonstrate that the sites are representative of water quality and treatment conditions throughout the system.
(d) Monitoring after Executive Secretary specifies water quality parameter values for optimal corrosion control.
After the Executive Secretary
specifies the values for applicable water quality control parameters reflecting
optimal corrosion control treatment under R309-210-6(4)(f), all large systems
shall measure the applicable water quality parameters in accordance with
paragraph (c) of this section and determine compliance with the requirements
of R309-210-6(4)(g) every six months
with the first six-month period to begin on either January 1 or July 1,
whichever comes first, after the Executive Secretary specifies the optimal
values under R309-210-6(4) (f). Any
small or medium-size system shall conduct such monitoring during each six-month
period specified in this paragraph in which the system exceeds the lead or
copper action level. For any such small
and medium-size system that is subject to a reduced monitoring frequency
pursuant to R309-210-6(3)(d)(iv) at the time of the action level exceedance,
the start of the applicable six-month monitoring period under this paragraph shall
coincide with the start of the applicable monitoring period under
R309-210-6(3)(d)(iv). Compliance with
Executive Secretary-designated optimal water quality parameter values shall be
determined as specified under R309-210-6(4)(g).[After
the Executive Secretary specifies the values for applicable water quality
control parameters reflecting optimal corrosion control treatment under
R309-210-6(4)(a)(vi), all large systems shall measure the applicable water
quality parameters in accordance with paragraph (c) of this section and
determine compliance with the requirements of R309-210-6(4)(a)(vii) every six
months with the first six month period to begin on the date the Executive
Secretary specifies the optimal values under R309-210-6(4)(a)(vi). Any small or medium size system shall
conduct such monitoring during each six month period specified in this paragrph
in which the system exceeds the lead or copper action level. For any such small and medium size system
that is subject to a reduced monitoring frequency pursuant to
R309-210-6(3)(d)(iv) at the time of the action level exceedance, the end of the
applicable six month monitoring period under R309-210-6(3)(d)(iv). Compliance with Executive Secretary
designated optimal water quality parameter values shall be determined as
specified under R309-210-6(4)(a)(vii).]
(e) Reduced monitoring
(i) Any water system that maintains the range of values
for the water quality parameters reflecting optimal corrosion control treatment
specified by the Executive Secretary under R309-210-6(4)(f) during three
consecutive years of monitoring may reduce the frequency with which it collects
the number of tap samples for applicable water quality parameters specified in
this paragraph (e)(i) of this section from every six months to annually. This sampling begins during the calendar
year immediately following the end of the monitoring period in which the third
consecutive year of six-month monitoring occurs. Any water system that maintains the range of values for the water
quality parameters reflecting optimal corrosion control treatment specified by
the Executive Secretary under R309-210-6(4)(f), during three consecutive years
of annual monitoring under this paragraph may reduce the frequency with which
it collects the number of tap samples for applicable water quality parameters
specified in paragraph (e)(i) of this section from annually to every three
years. This sampling begins no later
than the third calendar year following the end of the monitoring period in
which the third consecutive year of monitoring occurs.[Any
water system that maintains the range of values for the water quality
parameters reflecting optimal corrosion control treatment during each of two
consecutive six-month monitoring periods under R309-210-6(5)(d) shall continue
monitoring at the entry point(s) to the distribution system as specified in
R309-210-6(5)(c)(ii). Such system may
collect two tap samples for applicable water quality parameters from the
following reduced number of sites in Table 210-6 during each six-month
monitoring period.]
TABLE 210-6
REDUCED NUMBER OF WATER QUALITY PARAMETER SAMPLE SITES
Reduced # of Sites
System Size for Water Quality
(# People Served) Parameters
Greater than 100,000 10
10,001 to 100,000 7
3,301 to 10,000 3
501 to 3,300 2
101 to 500 1
100 or less 1
(ii)(A) Any water system that maintains the range of values
for the water quality parameters reflecting optimal corrosion control treatment
specified by the State under R309-210-6(4)(f) during three consecutive years of
monitoring may reduce the frequency with which it collects the number of tap
samples for applicable water quality parameters specified in this paragraph
(e)(i) of this section from every six months to annually. This sampling begins during the calendar
year immediately following the end of the monitoring period in which the third
consecutive year of six-month monitoring occurs. Any water system that maintains the range of values for the water
quality parameters reflecting optimal corrosion control treatment specified by
the State under R309-210-6(4)(f), during three consecutive years of annual
monitoring under this paragraph may reduce the frequency with which it collects
the number of tap samples for applicable water quality parameters specified in
paragraph (e)(i) of this section from annually to every three years. This sampling begins no later than the third
calendar year following the end of the monitoring period in which the third
consecutive year of monitoring occurs.[Any water system that
maintains the range of values for the water quality parameters reflecting
optimal corrosion control treatment specified by the Executive Secretary under
R309-210-6(4)(a)(vi) during three consecutive years of monitoring may reduce
the frequency with which it collects the number of tap samples for applicable
water quality parameters specified in R309-210-6(5)(e)(i), Table 210-6, from
every six months to annually. Any water
system that maintains the range of values for the water quality parameters
reflecting optimal corrosion control treatment specified by the Executive
Secretary under R309-210-6(4)(a)(vi) during three consecutive years of annual
monitoring may reduce the frequency with which it collects the number of tap
samples for applicable water quality parameters specified in R309-210-6(5)(e)(i),
Table 210-6, from annually to every three years.]
(B) A water system may reduce the frequency with which it collects tap samples for applicable water quality parameters specified in paragraph (e)(i) of this section to every three years if it demonstrates during two consecutive monitoring periods that its tap water lead level at the 90th percentile is less than or equal to the PQL for lead specified in R309-200-4(3), that its tap water copper level at the 90th percentile is less than or equal to 0.65 mg/L for copper in R309-200-5(2)(c), and that it also has maintained the range of values for the water quality parameters reflecting optimal corrosion control treatment specified by the Executive Secretary under R309-210-6(4)(a)(vi). Monitoring conducted every three years shall be done no later than every third calendar year.
(iii) A water system that conducts sampling annually shall collect these samples evenly throughout the year so as to reflect seasonal variability.
(iv) Any water system subject to the reduced monitoring frequency that fails to operate at or above the minimum value or within the range of values for the water quality parameters specified by the Executive Secretary in R309-210-6(4)(a)(vi) for more than 9 days in any six month period specified in R309-210-6(4)(a)(vii) shall resume distribution system tap water sampling in accordance with the number and frequency requirements in paragraph (d) of this section. Such a system may resume annual monitoring for water quality parameters at the tap at the reduced number of sites specified in paragraph (e)(i) of this section after it has completed two subsequent consecutive six month rounds of monitoring that meet the criteria of that paragraph or may resume triennial monitoring for water quality parameters at the tap at the reduced number os sites after it demonstrates through subsequent rounds of monitoring that it meets the criteria of either paragraph (e)(ii)(A) or (e)(ii)(B) of this section.
(f) Additional monitoring by systems
The results of any monitoring conducted in addition to the minimum requirements of this section shall be considered by the system and the Executive Secretary in making any determinations (i.e., determining concentrations of water quality parameters) under this section or R309-210-6(4)(a).
(g) The Executive Secretary has the authority to allow the use of previously collected monitoring data for purposes of monitoring, if the data were collected in accordance with this section and analyzed in accordance with R309-104-8.
(6) Monitoring requirements for lead and copper in source water.
(a) Sample location, collection methods, and number of samples
(i) A water system that fails to meet the lead or copper action level on the basis of tap samples collected in accordance with R309-210-6(3) shall collect lead and copper source water samples in accordance with the following requirements regarding sample location, number of samples, and collection methods:
(A) Groundwater systems shall take a minimum of one sample at every entry point to the distribution system which is representative of each well after treatment (hereafter called a sampling point). The system shall take one sample at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant.
(B) Surface water systems shall take a minimum of one sample at every entry point to the distribution system after any application of treatment or in the distribution system at a point which is representative of each source after treatment (hereafter called a sampling point). The system shall take each sample at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant. For purposes of this paragraph, surface water systems include systems with a combination of surface and ground sources.
(C) If a system draws water from more than one source and the sources are combined before distribution, the system must sample at an entry point to the distribution system during periods of normal operating conditions (i.e., when water is representative of all sources being used).
(D) The Executive Secretary may reduce the total number of samples which must be analyzed by allowing the use of compositing. Compositing of samples must be done by certified laboratory personnel. Composite samples from a maximum of five samples are allowed, provided that if the lead concentration in the composite sample is greater than or equal to 0.001 mg/L or the copper concentration is greater than or equal to 0.160 mg/L, then either:
(I) A follow up sample shall be taken and analyzed within 14 days at each sampling point included in the composite; or
(II) If duplicates of or sufficient quantities from the original samples from each sampling point used in the composite are available, the system may use these instead of resampling.
(ii) Where the results of sampling indicate an exceedance of maximum permissible source water levels established under R309-210-6(4)(b)(ii)(D), the Executive Secretary may require that one additional sample be collected as soon as possible after the initial sample was taken (but not to exceed two weeks) at the same sampling point. If a confirmation sample is taken for lead or copper, then the results of the initial and confirmation sample shall be averaged in determining compliance with the specified maximum permissible levels. Any sample value below the detection limit shall be considered to be zero. Any value above the detection limit but below the PQL shall either be considered as the measured value or be considered one-half the PQL.
(b) Monitoring frequency after system exceeds tap water action level.
Any system which exceeds the
lead or copper action level at the tap shall collect one source water sample
from each entry point to the distribution system no later than six months after
the end of the monitoring period during which the lead or copper action level
was exceeded. For monitoring periods that are annual or less frequent, the end
of the monitoring period is September 30 of the calendar year in which the
sampling occurs, or if the Executive Secretary has established an alternate
monitoring period, the last day of that period.[Any system which exceeds the lead or copper action level at the tap
shall collect one source water sample from each entry point to the distribution
system within six months after the exceedance.]
(c) Monitoring frequency after installation of source water treatment.
Any system which installs source water treatment pursuant to R309-210-6(4)(b)(i)(C) shall collect an additional source water sample from each entry point to the distribution system during two consecutive six-month monitoring periods by the deadline specified in R309-210-6(4)(b)(i)(D).
(d) Monitoring frequency after Executive Secretary specifies maximum permissible source water levels or determines that source water treatment is not needed
(i) A system shall monitor at the frequency specified below in cases where the Executive Secretary specifies maximum permissible source water levels under R309-210-6(4)(b)(ii)(D) or determines that the system is not required to install source water treatment under R309-210-6(4)(b)(ii)(B).
(A) A water system using only groundwater shall collect samples once during the three-year compliance period in effect when the applicable determination under R309-210-6(6)(d)(i) is made. Such systems shall collect samples once during each subsequent compliance period. Triennial samples shall be collected every third calendar year.
(B) A water system using surface water (or a combination
of surface and ground water) shall collect samples once during each calendar
year, the first annual monitoring period to begin during the year in which the
applicable Executive Secretary determination is made under paragraph (d)(i) of
this section.[A water system using surface water (or a combination
of surface and groundwater) shall collect samples once during each year, the
first annual monitoring period to begin on the date on which the applicable
determination is made under R309-210-6(6)(d)(i).]
(ii) A system is not required to conduct source water sampling for lead and/or copper if the system meets the action level for the specific contaminant in tap water samples during the entire source water sampling period applicable to the system under R309-210-6(6)(d)(i)(A) or (B).
(e) Reduced monitoring frequency
(i) A water system using only ground water may reduce
the monitoring frequency for lead and copper in source water to once during
each nine-year compliance cycle (as that term is defined in R309-110-4)
provided that the samples are collected no later than every ninth calendar year
and if the system meets one of the following criteria:[A
water system using only ground water may reduce the monitoring frequency for
lead and copper in source water to once during each nine year compliance cycle,
as defined in R309-110, if the system meets one of the following criteria:]
(A) The system demonstrates that finished drinking water entering the distribution system has been maintained below the maximum permissible lead and copper concentrations specified by the Executive Secretary in R309-210-6(4)(b)(ii)(D) during at least three consecutive compliance periods under paragraph (d)(i) of this section; or
(B) The Executive Secretary has determined that source water treatment is not needed and the system demonstrates that, during at least three consecutive compliance periods in which sampling was conducted under paragraph (d)(i) of this section, the concentration of lead in source water was less than or equal to 0.005 mg/L and the concentration of copper in source water was less than or equal to 0.65 mg/L.
(ii) A water system using surface water (or a combination
of surface water and ground water) may reduce the monitoring frequency in
paragraph (d)(i) of this section to once during each nine-year compliance cycle
(as that term is defined in R309-110-4) provided that the samples are collected
no later than every ninth calendar year and if the system meets one of the
following criteria:[A water system using surface
water (or a combination of surface water and ground water) may reduce the
monitoring frequency in paragraph (d)(i) of this section to once during each
nine year compliance cycle, as defined in R309-110, if the system meets one of
the following criteria:]
(A) The system demonstrates that finished drinking water entering the distribution system has been maintained below the maximum permissible lead and copper concentrations specified by the Executive Secretary in R309-210-6(4)(b)(ii)(D) for at least three consecutive years; or
(B) The Executive Secretary has determined that source water treatment is not needed and the system demonstrates that, during at least three consecutive years, the concentration of lead in source water was less than or equal to 0.005 mg/L and the concentration of copper in source water was less than or equal to 0.65 mg/L.
(iii) A water system that uses a new source of water is not eligible for reduced monitoring for lead and/or copper until concentrations in samples collected from the new source during three consecutive monitoring periods are below the maximum permissible lead and copper concentrations specified by the Executive Secretary in R309-210-6(4)(b)(i)(E).
(iv) The Executive Secretary has the authority to allow the use of previously collected monitoring data for purposes of monitoring, if the data were collected in accordance with this section and analyzed in accordance with R309-104-8.
(7) Public education and supplemental monitoring requirements.
[A
water system that exceeds the lead action level based on tap water samples
collected in accordance with R309-210-6(3) shall deliver the public education materials
contained in R309-210-6(7)(a) and (b) in accordance with the requirements in
R309-210-6(7)(c).
(a) Content of written materials.
(i) Community water systems. A community water system shall include the
following text in all of the printed materials it distributes through its lead
public education program. Systems may
delete information pertaining to lead service lines, upon approval by the
Executive Secretary, if no lead service lines exist anywhere in the water
system service area. Public education
language at paragraphs (a)(1)(iv)(B)(5) and (a)(1)(iv)(D)(2) of this section
may be modified regarding building permit record availability and consumer
access to these records, if approved by the Executive Secretary. Systems may also continue to utilize
pre-printed materials that meet the public education language requirements in
R309-210-6(7). Any additional information presented by a system shall be
consistent with the information below and be in plain English that can be
understood by lay people.
(A) INTRODUCTION
The
United States Environmental Protection Agency (EPA) and (insert name of water
supplier) are concerned about lead in your drinking water. Although most homes have very low levels of
lead in their drinking water, some homes in the community have lead levels
above the EPA action level of 15 parts per billion (ppb), or 0.015 milligrams
of lead per liter of water (mg/L).
Under Federal law we are required to have a program in place to minimize
lead in your drinking water by (insert date when corrosion control will be
completed for your system). This
program includes corrosion control treatment, source water treatment, and
public education. We are also required
to replace each lead service line that we control if the line contributes lead
concentrations of more than 15 ppb after we have completed the comprehensive
treatment program. If you have any
questions about how we are carrying out the requirements of the lead regulation
please give us a call at (insert water system's phone number). This brochure explains the simple steps you
can take to protect you and your family by reducing your exposure to lead in
drinking water.
(B) HEALTH EFFECTS OF LEAD
Lead
is a common metal found throughout the environment in lead-based paint, air, soil,
household dust, food, certain types of pottery porcelain and pewter, and
water. Lead can pose a significant risk
to your health if too much of it enters your body. Lead builds up in the body over many years and can cause damage
to the brain, red blood cells and kidneys.
The greatest risk is to young children and pregnant women. Amounts of lead that won't hurt adults can
slow down normal mental and physical development of growing bodies. In addition, a child at play often comes
into contact with sources of lead contamination -- like dirt and dust -- that
rarely affect an adult. It is important
to wash children's hands and toys often, and to try to make sure they only put
food in their mouths.
(C) LEAD IN DRINKING WATER
(I) Lead in drinking water, although rarely the
sole cause of lead poisoning, can significantly increase a person's total lead
exposure, particularly the exposure of infants who drink baby formulas and
concentrated juices that are mixed with water.
The EPA estimates that drinking water can make up 20 percent or more of
a person's total exposure to lead.
(II) Lead is unusual among drinking water
contaminants in that it seldom occurs naturally in water supplies like rivers
and lakes. Lead enters drinking water
primarily as a result of the corrosion, or wearing away, of materials
containing lead in the water distribution system and household plumbing. These materials include lead-based solder
used to join copper pipe, brass and chrome plated brass faucets, and in some
cases, pipes made of lead that connect your house to the water main (service
lines). In 1986, Congress banned the
use of lead solder containing greater than 0.2% lead, and restricted the lead
content of faucets, pipes and other plumbing materials to 8.0%.
(III) When water stands in lead pipes or plumbing
systems containing lead for several hours or more, the lead may dissolve into
your drinking water. This means the first water drawn from the tap in the
morning, or later in the afternoon after returning from work or school, can
contain fairly high levels of lead.
(D) STEPS YOU CAN TAKE IN THE HOME TO REDUCE
EXPOSURE TO LEAD IN DRINKING WATER
(I) Despite our best efforts mentioned earlier
to control water corrosivity and remove lead from the water supply, lead levels
in some homes or buildings can be high.
To find out whether you need to take action in your own home, have your
drinking water tested to determine if it contains excessive concentrations of
lead. Testing the water is essential
because you cannot see, taste, or smell lead in drinking water. Some local laboratories that can provide
this service are listed at the end of this booklet. For more information on having your water tested, please call
(insert phone number of water system).
(II) If a water test indicates that the drinking
water drawn from a tap in your home contains lead above 15 ppb, then you should
take the following precautions:
(aa) Let the water run from the tap before using
it for drinking or cooking any time the water in a faucet has gone unused for
more than six hours. The longer water
resides in your home's plumbing the more lead it may contain. Flushing the tap means running the cold
water faucet until the water gets noticeably colder, usually about 15-30
seconds. If your house has a lead
service line to the water main, you may have to flush the water for a longer
time, perhaps one minute, before drinking.
Although toilet flushing or showering flushes water through a portion of
your home's plumbing system, you still need to flush the water in each faucet
before using it for drinking or cooking.
Flushing tap water is a simple and inexpensive measure you can take to
protect your family's health. It usually
uses less than one or two gallons of water and costs less than (insert a cost
estimate based on flushing two times a day for 30 days) per month. To conserve water, fill a couple of bottles
for drinking water after flushing the tap, and whenever possible use the first
flush water to wash the dishes or water the plants. If you live in a high-rise building, letting the water flow
before using it may not work to lessen your risk from lead. The plumbing systems have more, and
sometimes larger pipes than smaller buildings.
Ask your landlord for help in locating the source of the lead and for
advice on reducing the lead level.
(bb) Try not to cook with, or drink water from
the hot water tap. Hot water can
dissolve more lead more quickly than cold water. If you need hot water, draw water from the cold tap and heat it
on the stove.
(cc) Remove loose lead solder and debris from the
plumbing materials installed in newly constructed homes, or homes in which the
plumbing has recently been replaced, by removing the faucet strainers from all
taps and running the water from 3 to 5 minutes. Thereafter, periodically remove the strainers and flush out any
debris that has accumulated over time.
(dd) If your copper pipes are joined with lead
solder that has been installed illegally since it was banned in 1986, notify
the plumber who did the work and request that he or she replace the lead solder
with lead-free solder. Lead solder
looks dull gray, and when scratched with a key looks shiny. In addition, notify your local plumbing
inspector and the Utah Department of Commerce about the violation.
(ee) Determine whether or not the service line
that connects your home or apartment to the water main is made of lead. The best way to determine if your service
line is made of lead is by either hiring a licensed plumber to inspect the line
or by contacting the plumbing contractor who installed the line. You can identify the plumbing contractor by
checking the city's record of building permits which should be maintained in
the files of the (insert name of department that issues building permits). A licensed plumber can at the same time
check to see if your homes's plumbing contains lead solder, lead pipes, or pipe
fittings that contain lead. The public
water system that delivers water to your home should also maintain records of
the materials located in the distribution system. If the service line that connects your dwelling to the water main
contributes more than 15 ppb to drinking water, after our comprehensive
treatment program is in place, we are required to replace the portion of the
line we own. If the line is only
partially owned by the (insert name of the city, county, or water system that
owns the line), we are required to provide the owner of the privately-owned
portion of the line with information on how to replace the privately-owned portion
of the service line, and offer to replace that portion of the line at owner's
expense. If we replace only the portion
of the line that we own, we also are required to notify you in advance and
provide you with information on the steps you can take to minimize exposure to
any temporary increase in lead levels that may result from the partial
replacement, to take a follow-up sample at our expense from the line within 72
hours after the partial replacement, and to mail or otherwise provide you with
the results of that sample within three business days of receiving the
results. Acceptable replacement
alternatives include copper, steel, iron, and plastic pipes.
(ff) Have an electrician check your wiring. If grounding wires from the electrical
system are attached to your pipes, corrosion may be greater. Check with a licensed electrician or your
local electrical code to determine if your wiring can be grounded
elsewhere. DO NOT attempt to change the
wiring yourself because improper grounding can cause electrical shock and fire
hazards.
(III) The steps described above will reduce the
lead concentrations in your drinking water.
However, if a water test indicates that the drinking water coming from
your tap contains lead concentrations in excess of 15 ppb after flushing, or
after we have completed our actions to minimize lead levels, then you may want
to take the following additional measures:
(aa) Purchase or lease a home treatment
device. Home treatment devices are
limited in that each unit treats only the water that flows from the faucet to
which it is connected, and all of the devices require periodic maintenance and
replacement. Devices such as reverse
osmosis systems or distillers can effectively remove lead from your drinking
water. Some activated carbon filters
may reduce lead levels at the tap, however all lead reduction claims should be
investigated. Be sure to check the
actual performance of a specific home treatment device before and after
installing the unit.
(bb) Purchase bottled water for drinking and
cooking.
(IV) You can consult a variety of sources for
additional information. Your family
doctor or pediatrician can perform a blood test for lead and provide you with
information about the health effects of lead.
State and local government agencies that can be contacted include:
(aa) (insert the name of city or county
department of public utilities) at (insert phone number) can provide you with
information about your community's water supply, and a list of local
laboratories that have been certified by EPA for testing water quality;
(bb) (insert the name of city or county
department that issues building permits) at (insert phone number) can provide
you with information about building permit records that should contain the
names of plumbing contractors that plumbed your home; and
(cc) The Utah Division of Drinking Water at
536-4200 or the (insert the name of the city or county health department) at
(insert phone number) can provide you with information about the health effects
of lead and how you can have your child's blood tested.
(V) The following is a list of some Utah
Division of Drinking Water approved laboratories in your area that you can call
to have your water tested for lead.
(Insert names and phone numbers of at least two laboratories).
(ii) Non-transient non-community water
systems. A non-transient non-community
water system shall either include the text specified in R309-210-6 (7)(a)(i) of
this section or shall include the following text in all of the printed materials
it distributes through its lead public education program. Water systems may delete information
pertaining to lead service lines, upon approval by the Executive Secretary, if
no lead service lines exist anywhere in the water system service area. Any
additional information presented by a system shall be consistent with the
information below and be in plain English that can be understood by lay people.
(A) INTRODUCTION
The
United States Environmental Protection Agency (EPA) and (insert name of water
supplier) are concerned about lead in your drinking water. Some drinking water samples taken from this
facility have lead levels above the EPA action level of 15 parts per billion
(ppb), or 0.015 milligrams of lead per liter of water (mg/L). Under Federal law we are required to have a
program in place to minimize lead in your drinking water by (insert date when
corrosion control will be completed for your system). This program includes corrosion control treatment, source water
treatment, and public education. We are
also required to replace each lead service line that we control if the line
contributes lead concentrations of more than 15 ppb after we have completed the
comprehensive treatment program. If you
have any questions about how we are carrying out the requirements of the lead
regulation please give us a call at (insert water system's phone number). This brochure explains the simple steps you
can take to protect yourself by reducing your exposure to lead in drinking
water.
(B) HEALTH EFFECTS OF LEAD
Lead
is found throughout the environment in lead-based paint, air, soil, household
dust, food, certain types of pottery porcelain and pewter, and water. Lead can pose a significant risk to your
health if too much of it enters your body.
Lead builds up in the body over many years and can cause damage to the
brain, red blood cells and kidneys. The
greatest risk is to young children and pregnant women. Amounts of lead that won't hurt adults can
slow down normal mental and physical development of growing bodies. In addition, a child at play often comes
into contact with sources of lead contamination -- like dirt and dust -- that
rarely affect an adult. It is important
to wash children's hands and toys often, and to try to make sure they only put
food in their mouths.
(C) LEAD IN DRINKING WATER
(I) Lead in drinking water, although rarely the
sole cause of lead poisoning, can significantly increase a person's total lead
exposure, particularly the exposure of infants who drink baby formulas and concentrated
juices that are mixed with water. The
EPA estimates that drinking water can make up 20 percent or more of a person's
total exposure to lead.
(II) Lead is unusual among drinking water
contaminants in that it seldom occurs naturally in water supplies like rivers
and lakes. Lead enters drinking water
primarily as a result of the corrosion, or wearing away, of materials
containing lead in the water distribution system and household plumbing. These materials include lead-based solder
used to join copper pipe, brass and chrome plated brass faucets, and in some
cases, pipes made of lead that connect houses and buildings to the water mains
(service lines). In 1986, Congress
banned the use of lead solder containing greater than 0.2% lead, and restricted
the lead content of faucets, pipes and other plumbing materials to 8.0%.
(III) When water stands in lead pipes or plumbing
systems containing lead for several hours or more, the lead may dissolve into
your drinking water. This means the first water drawn from the tap in the
morning, or later in the afternoon if the water has not been used all day, can
contain fairly high levels of lead.
(D) STEPS YOU CAN TAKE IN THE HOME TO REDUCE
EXPOSURE TO LEAD IN DRINKING WATER
(I) Let the water run from the tap before using
it for drinking or cooking any time the water in a faucet has gone unused for
more than six hours. The longer water
resides in plumbing the more lead it may contain. Flushing the tap means running the cold water faucet until the
water gets noticeably colder, usually about 15-30 seconds. Although toilet flushing or showering
flushes water through a portion of your home's plumbing system, you still need
to flush the water in each faucet before using it for drinking or cooking. Flushing tap water is a simple and
inexpensive measure you can take to protect your health. It usually uses less than one gallon of
water.
(II) Do not cook with, or drink water from the
hot water tap. Hot water can dissolve
more lead more quickly than cold water. If you need hot water, draw water from the cold tap and heat it.
(III) The steps described above will reduce the
lead concentrations in your drinking water.
However, if you are still concerned, you may wish to use bottled water
for drinking and cooking.
(IV) You can consult a variety of sources for
additional information. Your family
doctor or pediatrician can perform a blood test for lead and provide you with
information about the health effects of lead.
State and local government agencies that can be contacted include:
(aa) (insert the name or title of facility
official if appropriate) at (insert phone number) can provide you with
information about your facility's water supply, and
(bb) The Utah Division of Drinking Water at
536-4200 or the (insert the name of the city or county health department) at
(insert phone number) can provide you with information about the health effects
of lead.
(b) Content of broadcast materials. A water system shall include the following
information in all public service announcements submitted under its lead public
education program to television and radio stations for broadcasting:
(i) Why should everyone want to know the facts
about lead and drinking water? Because
unhealthy amounts of lead can enter drinking water through the plumbing in your
home. That's why I urge you to do what
I did. I had my water tested for
(insert free or $ per sample). You can
contact the (insert the name of the city or water system) for information on
testing and on simple ways to reduce your exposure to lead in drinking water.
(ii) To have your water tested for lead, or to
get more information about this public health concern, please call (insert the
phone number of the city or water system).
(c) Delivery of a public education program
(i) In communities where a significant
proportion of the population speaks a language other than English, public
education materials shall be communicated in the appropriate language(s).
(ii) A community water system that exceeds the
lead action level on the basis of tap water samples collected in accordance
with R309-210-6(3) and that is not already repeating public education tasks
pursuant to paragraph (c)(iii), (c)(vii), or (c)(viii), of this section, shall,
within 60 days:
(A) insert notices in each customer's water
utility bill containing the information in R309-210-6(7)(a), along with the
following alert on the water bill itself in large print: "SOME HOMES IN
THIS COMMUNITY HAVE ELEVATED LEAD LEVELS IN THEIR DRINKING WATER. LEAD CAN POSE A SIGNIFICANT RISK TO YOUR
HEALTH. PLEASE READ THE ENCLOSED NOTICE
FOR FURTHER INFORMATION." A
community water system having a billing cycle that does not include a billing
within 60 days of exceeding the action level, or that cannot insert information
in the water utility bill without making major changes to its billing system,
may use a separate mailing to deliver the information in paragraph (a)(i) of
this section as long as the information is delivered to each customer within 60
days of exceeding the action level.
Such water systems shall also include the "alert" language
specified in this paragraph.
(B) submit the information in
R309-210-6(7)(a)(i) to the editorial departments of the major daily and weekly
newspapers circulated throughout the community.
(C) deliver pamphlets and/or brochures that
contain the public education materials in R309-210-6(7)(a)(i)(B) and (a)(i)(D)
to facilities and organizations, including the following:
(I) public schools and/or local school boards;
(II) city or county health department;
(III) Women, Infants, and Children and/or Head
Start Program(s) whenever available;
(IV) public and private hospitals and/or clinics;
(V) pediatricians;
(VI) family planning clinics; and
(VII) local welfare agencies.
(D) submit the public service announcement in
R309-104-4.2.7.b. to at least five of the radio and television stations with
the largest audiences that broadcast to the community served by the water
system.
(iii) A community water system shall repeat the tasks
contained in Subsections R309-210-6(7)(c)(ii)(A), (B) and (C) every 12 months,
and the tasks contained in Subsection R309-210-6(7)(c)(ii)(D) every 6 months
for as long as the system exceeds the lead action level.
(iv) Within 60 days after it exceeds the lead
action level (unless it already is repeating public education tasks pursuant to
paragraph (c)(v) of this section), a non-transient non-community water system
shall deliver the public education materials contained in R309-210-6(7)(a)(i)
or R309-210-6(7)(a)(ii) as follows:
(A) post informational posters on lead in
drinking water in a public place or common area in each of the buildings served
by the system; and
(B) distribute informational pamphlets and/or
brochures on lead in drinking water to each person served by the non-transient
non-community water system. The
Executive Secretary may allow the system to utilize electronic transmission in
lieu of or combined with printed materials as long as it achieves at least the
same coverage.
(v) A non-transient non-community water system
shall repeat the tasks contained in R309-210-6(7)(c)(iv) at least once during
each calendar year in which the system exceeds the lead action level.
(vi) A water system may discontinue delivery of
public education materials if the system has met the lead action level during
the most recent six-month monitoring period conducted pursuant to
R309-210-6(3). Such a system shall
recommence public education in accordance with this section if it subsequently
exceeds the lead action level during any monitoring period.
(vii) A community water system may apply to the
Executive Secretary, in writing, (unless the Executive Secretary has waived the
requirement for prior Executive Secretary approval) to use the text specified
in paragraph (a)(ii) of this section in lieu of the text in paragraph (a)(i) of
this section and to perform the fasks listed in paragraphs (c)(iv) and (c)(v)
of this section in lieu of the tasks in paragraphs (c)(ii) and (c)(iii) of this
section if:
(A) The system is a facility, such as a prison
or a hospital, where the population served is not capable of or is prevented
from making improvements to plumbing or installing point of use treatment
devices; and
(B) The system provides water as part of the
cost of services provided and does not separately charge for water consumption.
(viii)(A) A community water system serving 3,300 or
fewer people may omit the task contained in paragraph (c)(ii)(D) of this
section. As long as it distributes
notices containing the information contained in paragraph (a)(i) of this
section to every household served by the system, such systems may further limit
their public education programs as follows:
(aa) Systems serving 500 or fewer people may
forego the task contained in paragraph (c)(ii)(B) of this section. Such a system may limit the distribution of
the public education materials required under paragraph (c)(ii)(C) of this
section to facilities and organizations served by the system that are most
likely to be visited regularly by pregnant women and children, unless it is
notified by the Executive Secretary in writing that it must make a broader
distribution.
(bb) If approved by the Executive Secretary in
writing, a system serving 501 to 3,300 people may omit the task in paragraph
(c)(ii)(B) of this section or limit the distribution of the public education
materials required under paragraph (c)(ii)(C) of this section to facilities and
organizations served by the system that are most likely to be visited regularly
by pregnant wornen and children.
(B) A community water system serving 3,300 or
fewer people that delivers public education in accordance with paragraph
(c)(viii)(A) of this section shall repeat the required public education tasks
at least once during each calendar year in which the system exceeds the lead
action level.
(d) Supplemental monitoring and notification of
results.
A water system that fails to
meet the lead action level on the basis of tap samples collected in accordance
with R309-210-6(3) shall offer to sample the tap water of any customer who
requests it. The system is not required
to pay for collecting or analyzing the sample, nor is the system required to
collect and analyze the sample itself.]All water systems must deliver a consumer notice
of lead tap water monitoring results to persons served by the water system at
sites that are tested, as specified in paragraph (d) of this section. A water system that exceeds the lead action
level based on tap water samples collected in accordance with R309-210-6(3)
shall deliver the public education materials contained in paragraph (a) of this
section in accordance with the requirements in paragraph (b) of this
section. Water systems that exceed the
lead action level must sample the tap water of any customer who requests it in
accordance with paragraph (c) of this section.
(a) Content of written public education materials.
(i) Community water systems and Non-transient non-community water systems. Water systems must include the following elements in printed materials (e.g., brochures and pamphlets) in the same order as listed below. In addition, paragraphs (a)(i)(A) through (B) and (a)(i)(F) must be included in the materials, exactly as written, except for the text in brackets in these paragraphs for which the water system must include system-specific information. Any additional information presented by a water system must be consistent with the information below and be in plain language that can be understood by the general public. Water systems must submit all written public education materials to the Executive Secretary prior to delivery. The Executive Secretary may require the system to obtain approval of the content of written public materials prior to delivery.
(A) IMPORTANT INFORMATION ABOUT LEAD IN YOUR DRINKING WATER. (INSERT NAME OF WATER SYSTEM) found elevated levels of lead in drinking water in some homes/buildings. Lead can cause serious health problems, especially for pregnant women and young children. Please read this information closely to see what you can do to reduce lead in your drinking water.
(B) Health effects of lead. Lead can cause serious health problems if too much enters your body from drinking water or other sources. It can cause damage to the brain and kidneys, and can interfere with the production of red blood cells that carry oxygen to all parts of your body. The greatest risk of lead exposure is to infants, young children, and pregnant women. Scientists have linked the effects of lead on the brain with lowered IQ in children. Adults with kidney problems and high blood pressure can be affected by low levels of lead more than healthy adults. Lead is stored in the bones, and it can be released later in life. During pregnancy, the child receives lead from the mother's bones, which may affect brain development.
(C) Sources of Lead.
(I) Explain what lead is.
(II) Explain possible sources of lead in drinking water and how lead enters drinking water. Include information on home/building plumbing materials and service lines that may contain lead.
(III) Discuss other important sources of lead exposure in addition to drinking water (e.g., paint).
(D) Discuss the steps the consumer can take to reduce their exposure to lead in drinking water.
(I) Encourage running the water to flush out the lead.
(II) Explain concerns with using hot water from the tap and specifically caution against the use of hot water for preparing baby formula.
(III) Explain that boiling water does not reduce lead levels.
(IV) Discuss other options consumers can take to reduce exposure to lead in drinking water, such as alternative sources or treatment of water.
(V) Suggest that parents have their child's blood tested for lead.
(E) Explain why there are elevated levels of lead in the system's drinking water (if known) and what the water system is doing to reduce the lead levels in homes/buildings in this area.
(F) For more information, call us at (INSERT YOUR NUMBER) ((IF APPLICABLE), or visit our Web site at (INSERT YOUR WEB SITE HERE)). For more information on reducing lead exposure around your home/building and the health effects of lead, visit EPA's Web site at "http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.epa.gov/lead" or contact your health care provider.
(ii) Community water systems. In addition to including the elements specified in paragraph (a)(i) of this section, community water systems must:
(A) Tell consumers how to get their water tested.
(B) Discuss lead in plumbing components and the difference between low lead and lead free.
(b) Delivery of public education materials.
(i) For public water systems serving a large proportion of non-English speaking consumers, as determined by the Executive Secretary, the public education materials must contain information in the appropriate language(s) regarding the importance of the notice or contain a telephone number or address where persons served may contact the water system to obtain a translated copy of the public education materials or to request assistance in the appropriate language.
(ii) A community water system that exceeds the lead action level on the basis of tap water samples collected in accordance with R309-210-6(3), and that is not already conducting public education tasks under this section, must conduct the public education tasks under this section within 60 days after the end of the monitoring period in which the exceedance occurred:
(A) Deliver printed materials meeting the content requirements of paragraph (a) of this section to all bill paying customers.
(B)(I) Contact customers who are most at risk by delivering education materials that meet the content requirements of paragraph (a) of this section to local public health agencies even if they are not located within the water system's service area, along with an informational notice that encourages distribution to all the organization's potentially affected customers or community water system's users. The water system must contact the local public health agencies directly by phone or in person. The local public health agencies may provide a specific list of additional community based organizations serving target populations, which may include organizations outside the service area of the water system. If such lists are provided, systems must deliver education materials that meet the content requirements of paragraph (a) of this section to all organizations on the provided lists.
(II) Contact customers who are most at risk by delivering materials that meet the content requirements of paragraph (a) of this section to the following organizations listed in aa through ff that are located within the water system's service area, along with an informational notice that encourages distribution to all the organization's potentially affected customers or community water system's users:
(aa) Public and private schools or school boards.
(bb) Women Infants and Children (WIC) and Head Start programs.
(cc) Public and private hospitals and medical clinics.
(dd) Pediatricians.
(ee) Family planning clinics.
(ff) Local welfare agencies.
(III) Make a good faith effort to locate the following organizations within the service area and deliver materials that meet the content requirements of paragraph (a) of this section to them, along with an informational notice that encourages distribution to all potentially affected customers or users. The good faith effort to contact at-risk customers may include requesting a specific contact list of these organizations from the local public health agencies, even if the agencies are not located within the water system's service area:
(aa) Licensed childcare centers.
(bb) Public and private preschools.
(cc) Obstetricians-Gynecologists and Midwives.
(C) No less often than quarterly, provide information on or in each water bill as long as the system exceeds the action level for lead. The message on the water bill must include the following statement exactly as written except for the text in brackets for which the water system must include system-specific information: (INSERT NAME OF WATER SYSTEM) found high levels of lead in drinking water in some homes. Lead can cause serious health problems. For more information please call (INSERT NAME OF WATER SYSTEM) (or visit (INSERT YOUR WEB SITE HERE)). The message or delivery mechanism can be modified in consultation with the Executive Secretary; specifically, the Executive Secretary may allow a separate mailing of public education materials to customers if the water system cannot place the information on water bills.
(D) Post material meeting the content requirements of paragraph (a) of this section on the water system's Web site if the system serves a population greater than 100,000.
(E) Submit a press release to newspaper, television and radio stations.
(F) In addition to paragraphs (b)(ii)(A) through (E) of this section, systems must implement at least three activities from one or more categories listed below. The educational content and selection of these activities must be determined in consultation with the Executive Secretary.
(I) Public Service Announcements.
(II) Paid advertisements.
(III) Public Area Information Displays.
(IV) Emails to customers.
(V) Public Meetings.
(VI) Household Deliveries.
(VII) Targeted Individual Customer Contact.
(VIII) Direct material distribution to all multi-family homes and institutions.
(VIIII) Other methods approved by the Executive Secretary.
(G) For systems that are required to conduct monitoring annually or less frequently, the end of the monitoring period is September 30 of the calendar year in which the sampling occurs, or, if the Executive Secretary has established an alternate monitoring period, the last day of that period.
(iii) As long as a community water system exceeds the action level, it must repeat the activities pursuant to paragraph (b)(ii) of this section as described in paragraphs (b)(iii)(A) through (D) of this section.
(A) A community water system shall repeat the tasks contained in paragraphs (b)(ii)(A), (B) and (F) of this section every 12 months.
(B) A community water system shall repeat tasks contained in paragraph (b)(ii)(C) of this section with each billing cycle.
(C) A community water system serving a population greater than 100,000 shall post and retain material on a publicly accessible Web site pursuant to paragraph (b)(ii)(D) of this section.
(D) The community water system shall repeat the task in paragraph (b)(ii)(E) of this section twice every 12 months on a schedule agreed upon with the Executive Secretary. The Executive Secretary can allow activities in paragraph (b)(ii) of this section to extend beyond the 60-day requirement if needed for implementation purposes on a case-by-case basis; however, this extension must be approved in writing by the Executive Secretary in advance of the 60-day deadline.
(iv) Within 60 days after the end of the monitoring period in which the exceedance occurred (unless it already is repeating public education tasks pursuant to paragraph (b)(v) of this section), a non-transient non-community water system shall deliver the public education materials specified by paragraph (a) of this section as follows:
(A) Post informational posters on lead in drinking water in a public place or common area in each of the buildings served by the system; and
(B) Distribute informational pamphlets and/or brochures on lead in drinking water to each person served by the non-transient non-community water system. The Executive Secretary may allow the system to utilize electronic transmission in lieu of or combined with printed materials as long as it achieves at least the same coverage.
(C) For systems that are required to conduct monitoring annually or less frequently, the end of the monitoring period is September 30 of the calendar year in which the sampling occurs, or, if the Executive Secretary has established an alternate monitoring period, the last day of that period.
(v) A non-transient non-community water system shall repeat the tasks contained in paragraph (b)(iv) of this section at least once during each calendar year in which the system exceeds the lead action level. The Executive Secretary can allow activities in (b)(iv) of this section to extend beyond the 60-day requirement if needed for implementation purposes on a case-by-case basis; however, this extension must be approved in writing by the Executive Secretary in advance of the 60-day deadline.
(vi) A water system may discontinue delivery of public education materials if the system has met the lead action level during the most recent six-month monitoring period conducted pursuant to R309-210-6(3). Such a system shall recommence public education in accordance with this section if it subsequently exceeds the lead action level during any monitoring period.
(vii) A community water system may apply to the Executive Secretary, in writing, (unless the Executive Secretary has waived the requirement for prior Executive Secretary approval) to use only the text specified in paragraph (a)(i) of this section in lieu of the text in paragraphs (a)(i) and (a)(ii) of this section and to perform the tasks listed in paragraphs (b)(iv) and (b)(v) of this section in lieu of the tasks in paragraphs (b)(ii) and (b)(iii) of this section if:
(A) The system is a facility, such as a prison or a hospital, where the population served is not capable of or is prevented from making improvements to plumbing or installing point of use treatment devices; and
(B) The system provides water as part of the cost of services provided and does not separately charge for water consumption.
(viii) A community water system serving 3,300 or fewer people may limit certain aspects of their public education programs as follows:
(A) With respect to the requirements of paragraph (b)(ii)(F) of this section, a system serving 3,300 or fewer must implement at least one of the activities listed in that paragraph.
(B) With respect to the requirements of paragraph (b)(ii)(B) of this section, a system serving 3,300 or fewer people may limit the distribution of the public education materials required under that paragraph to facilities and organizations served by the system that are most likely to be visited regularly by pregnant women and children.
(C) With respect to the requirements of paragraph (b)(ii)(E) of this section, the Executive Secretary may waive this requirement for systems serving 3,300 or fewer persons as long as system distributes notices to every household served by the system.
(c) Supplemental monitoring and notification of results. A water system that fails to meet the lead action level on the basis of tap samples collected in accordance with R309-210-6(3) shall offer to sample the tap water of any customer who requests it. The system is not required to pay for collecting or analyzing the sample, nor is the system required to collect and analyze the sample itself.
(d) Notification of results.
(i) Reporting requirement. All water systems must provide a notice of the individual tap results from lead tap water monitoring carried out under the requirements of R309-210-6(3) to the persons served by the water system at the specific sampling site from which the sample was taken (e.g., the occupants of the residence where the tap was tested).
(ii) Timing of notification. A water system must provide the consumer notice as soon as practical, but no later than 30 days after the system learns of the tap monitoring results.
(iii) Content. The consumer notice must include the results of lead tap water monitoring for the tap that was tested, an explanation of the health effects of lead, list steps consumers can take to reduce exposure to lead in drinking water and contact information for the water utility. The notice must also provide the maximum contaminant level goal and the action level for lead and the definitions for these two terms from R309-225-5(3).
(iv) Delivery. The consumer notice must be provided to persons served at the tap that was tested, either by mail or by another method approved by the Executive Secretary. For example, upon approval by the Executive Secretary, a non-transient non-community water system could post the results on a bulletin board in the facility to allow users to review the information. The system must provide the notice to customers at sample taps tested, including consumers who do not receive water bills.
(8) Reporting requirements.
All water systems shall report all of the following information to the Executive Secretary in accordance with this section.
(a) Reporting requirements for tap water monitoring for lead and copper and for water quality parameter monitoring
(i) Except as provided in paragraph (a)(i)(H) of this section, a water system shall report the information specified below for all tap water samples specified in R309-210-6(3) and for all water quality parameter samples specified in R309-210-6(5) within the first 10 days following the end of each applicable monitoring period specified in R309-210-6 (3) and (5) (i.e., every six months, annually, every 3 years, or every 9 years). For monitoring periods with a duration less than six months, the end of the monitoring period is the last date samples can be collected during that period as specified in R309-210-6(3) and R309-210-6(5).
(A) the results of all tap samples for lead and copper including the location of each site and the criteria under R309-210-6(3)(a)(iii), (iv), (v), (vi), and (vii) under which the site was selected for the system's sampling pool;
(B) Documentation for each tap water lead or copper sample for which the water system request invalidation pursuant to R309-210-6(3)(f)(ii);
(D) the 90th percentile lead and copper concentrations measured from among all lead and copper tap water samples collected during each monitoring period, (calculated in accordance with R309-200-5(2)(c))unless the Executive Secretary calculates the system's 90th percentile lead and copper levels under paragraph (h) of this section;
(E) with the exception of initial tap sampling conducted pursuant to R309-210-6(3)(d)(i), the system shall designate any site which was not sampled during previous monitoring periods, and include an explanation of why sampling sites have changed;
(F) the results of all tap samples for pH, and where applicable, alkalinity, calcium, conductivity, temperature, and orthophosphate or silica collected under R309-210-6(5)(b) through (e);
(G) the results of all samples collected at the entry point(s) to the distribution system for applicable water quality parameters under R309-210-6(5)(b) through (e).
(H) A water system shall report the results of all water quality parameter samples collected under R309-210-6(5)(c) through (f) during each six month monitoring period specified in R309-210-6(5)(d) within the first 10 days following the end of the monitoring period unless the Executive Secretary has specified a more frequent reporting requirement.
(ii) For a non-transient non-community water
system, or a community water system meeting the criteria of R309-210-6(7)(b)(vii)[R309-210-6(8)(c)(vii)(A)
or (B)], that does not have enough taps that can provide first draw
samples, the system must identify, in writing, each site that did not meet the
six hour minimum standing time and the length of standing time for that particular
substitute sample collected pursuant to R309-210-6(3)(b)(v) and include this
information with the lead and copper tap sample results required to be
submitted pursuant to paragraph (a)(i)(A) of this section. The Executive Secretary has waived prior Executive
Secretary approval of non-first-draw samples sites selected by the system
pursuant to R309-210-6(3)(b)(v).
(iii) [No later than 60 days after the addition of a new source or
any change in water treatment, unless the Executive Secretary required earlier
notification, a water system deemed to have optimized corrosion control under
R309-210-6(3)(b)(iii), a water system subject to reduced monitoring pursuant to
R309-210-6(3)(d)(iv), or a water system subject to a monitoring waiver pursuant
to R309-210-6(3)(g), shall send written documentation to the Executive
Secretary describing the change, In those instances where prior Executive
Secretary approval of the treatment change or new source is not required, water
systems are encouraged to provide the notification to the Executive Secretary
beforehand to minimize the risk the treatment change or new source will
adversely affect optimal corrosion control.]At a time specified by the
Executive Secretary, or if no specific time is designated by the Executive Secretary,
then as early as possible prior to the addition of a new source or any
long-term change in water treatment, a water system deemed to have optimized
corrosion control under R309-210-6(2)(b)(iii), a water system subject to
reduced monitoring pursuant to R309-210-6(3)(d)(iv), or a water system subject
to a monitoring waiver pursuant to R309-210-6(3)(g), shall submit written
documentation to the Executive Secretary describing the change or
addition. The Executive Secretary must
review and approve the addition of a new source or long-term change in
treatment before it is implemented by the water system. Examples of long-term treatment changes
include the addition of a new treatment process or modification of an existing
treatment process. Examples of modifications
include switching secondary disinfectants, switching coagulants (e.g., alum to
ferric chloride), and switching corrosion inhibitor products (e.g.,
orthophosphate to blended phosphate).
Long-term changes can include dose changes to existing chemicals if the
system is planning long-term changes to its finished water pH or residual
inhibitor concentration. Long-term
treatment changes would not include chemical dose fluctuations associated with
daily raw water quality changes.
(iv) Any small system applying for a monitoring waiver under R309-210-6(3)(g), or subject to a waiver granted pursuant to R309-210-6(3)(g)(iii), shall provide the following information to the Executive Secretary in writing by the specified deadline:
(A) By the start of the first applicable monitoring period in R309-210-6(3), any small system applying for a monitoring waiver shall provide the documentation required to demonstrate that it meets the waiver criteria of R309-210-6(3)(g)(i) and (ii).
(B) No later than nine years after the monitoring previously conducted pursuant to R309-210-6(3)(g)(ii) or (g)(iv)(A), each small system desiring to maintain its monitoring waiver shall provide the information required by R309-210-6(3)(g)(iv)(A) and (B).
(C) No later than 60 days after it becomes aware that it is no longer free of lead-containing or copper containing material, as appropriate, each small system with a monitoring waiver shall provide written notification to the Executive Secretary, setting forth the circumstances resulting in the lead containing or copper containing materials being introduced into the system and what corrective action, if any, the system plans to remove these materials
(D) By October 10, 2000, any small system with a waiver granted prior to April 11, 2000 and that has not previously met the requirements of R309-210-6(3)(g)(ii) shall provide the information required by that paragraph.
(v) Each ground water system that limits water quality parameter monitoring to a subset of entry points under R309-210-6(5)(c)(iii) shall provide, by the commencement of such monitoring, written correspondence to the Executive Secretary that identifies the selected entry points and includes information sufficient to demonstrate that the sites are representative of water quality and treatment conditions throughout the system.
(b) Source water monitoring reporting requirements
(i) A water system shall report the sampling results for all source water samples collected in accordance with R309-210-6(6) within the first 10 days following the end of each source water monitoring period (i.e., annually, per compliance period, per compliance cycle) specified in R309-210-6(6).
(ii) With the exception of the first round of source water sampling conducted pursuant to R309-210-6(6)(b), the system shall specify any site which was not sampled during previous monitoring periods, and include an explanation of why the sampling point has changed.
(c) Corrosion control treatment reporting requirements
By the applicable dates under R309-210-6(2), systems shall report the following information:
(i) for systems demonstrating that they have already optimized corrosion control, information required in R309-210-6(2)(b)(ii) or R309-210-6(2)(b)(iii).
(ii) for systems required to optimize corrosion control, their recommendation regarding optimal corrosion control treatment under R309-210-6(4)(a)(i).
(iii) for systems required to evaluate the effectiveness of corrosion control treatments under R309-210-6(4)(a)(iii), the information required by that paragraph.
(iv) for systems required to install optimal corrosion control designated by the Executive Secretary under R309-210-6(4)(a)(iv), a letter certifying that the system has completed installing that treatment.
(d) Source water treatment reporting requirements
By the applicable dates in R309-210-6(4)(b), systems shall provide the following information to the Executive Secretary :
(i) if required under R309-210-6(4)(b)(ii)(A), their recommendation regarding source water treatment;
(ii) for systems required to install source water treatment under R309-210-6(4)(b)(ii)(B), a letter certifying that the system has completed installing the treatment designated by the Executive Secretary within 24 months after the Executive Secretary designated the treatment.
(e) Lead service line replacement reporting requirements
Systems shall report the following information to the Executive Secretary to demonstrate compliance with the requirements of R309-210-6(4)(c):
(i) No later than 12 months after the end of a
monitoring period in which a system exceeds the lead action level in sampling
referred to in R309-210-6(4)(c)(i), the system must submit written
documentation to the Executive Secretary of the material evaluation conducted
as required in R309-210-6(3)(a), identify the initial number of lead service
lines in its distribution system at the time the system exceeds the lead action
level, and provide the system's schedule for annually replacing at least 7
percent of the initial number of lead service lines in its distribution system.[Within
12 months after a system exceeds the lead action level in sampling referred to
in R309-210-6(4)(c)(i), the system shall demonstrate in writing to the
Executive Secretary that it has conducted a materials evaluation, including the
evaluation in R309-210-6(3)(a), to identify the initial number of lead service
lines in its distribution system, and shall provide the Executive Secretary
with the system's schedule for replacing annually at least 7 percent of the
initial number of lead service lines in its distribution system.]
(ii) No later than 12 months after the end of a
monitoring period in which a system exceeds the lead action level in sampling
referred to in R309-210-6(4)(c)(i), and every 12 months thereafter, the system
shall demonstrate to the Executive Secretary in writing that the system has
either:[Within 12 months after a system exceeds the lead
action level in sampling referred to in R309-210-6(4)(c)(i), and every 12
months thereafter, the system shall demonstrate to the Executive Secretary in
writing that the system has either:]
(A) replaced in the previous 12 months at least 7 percent of the initial lead service lines (or a greater number of lines specified by the Executive Secretary under R309-210-6(4)(c)(v)) in its distribution system, or
(B) conducted sampling which demonstrates that
the lead concentration in all service line samples from an individual line(s),
taken pursuant to R309-210-6(3)(b)(iii), is less than or equal to 0.015
mg/L. In such cases, the total number of lines
replaced and/or which meet the criteria in R309-210-6(4)(c)(iii) shall equal at
least 7 percent of the initial number of lead lines identified under paragraph
(e)(i) of this section (or the percentage specified by the Executive Secretary
under R309-210-6(4)(c)(v)).[In such cases, the total number
of lines replaced or which meet the criteria in R309-210-6(4)(c)(iii) shall
equal at least 7 percent of the initial number of lead lines identified under
R309-210-6(8)(a) (or the percentage specified by the Executive Secretary under
R309-210-6(4)(c)(v)).]
(iii) The annual letter submitted to the Executive Secretary under R309-210-6(8)(e)(ii) shall contain the following information:
(A) the number of lead service lines scheduled to be replaced during the previous year of the system's replacement schedule;
(B) the number and location of each lead service line replaced during the previous year of the system's replacement schedule;
(C) if measured, the water lead concentration and location of each lead service line sampled, the sampling method, and the date of sampling.
(iv) Systems shall also report any additional information as specified by the Executive Secretary, and in a time and manner prescribed by the Executive Secretary, to verify that all partial lead service line replacement activities have taken place.
(f) Public education program reporting requirements
(i) Any water system that is subject to the public
education requirements in R309-210-6(7)shall, within ten days after the end of
each period in which the system is required to perform public education in
accordance with R309-210-6(7)(b), send written documentation to the Executive
Secretary that contains:[Any water system that is subject to the
public education requirements in R309-210-6(7) shall , within ten days after
the end of each period in which the system is required to perform public
education tasks in accordance with R309-210-6(7)(c), send written documentation
to the Executive Secretary that contains:]
(A) A demonstration that the system has delivered the
public education materials that meet the content requirements in
R309-210-6(7)(a) and the delivery requirements in R309-210-6(7)(b); and[A
demonstration that the system has delivered the public education materials that
meet the content requirements in R309-210-6(7)(a) and (b) and the delivery
requirements in R309-210-6(7)(c); and]
(B) A list of all the newspapers, radio stations, television stations, and facilities and organizations to which the system delivered public education materials during the period in which the system was required to perform public education tasks.
(ii) Unless required by the Executive Secretary, a system that previously has submitted the information required by paragraph (f)(i)(B) of this section, as long as there have been no changes in the distribution list and the system certifies that the public education materials were distributed to the same list submitted previously.
(iii) No later than 3 months following the end of the monitoring period, each system must mail a sample copy of the consumer notification of tap results to the Executive Secretary along with a certification that the notification has been distributed in a manner consistent with the requirements of R309-210-6(7)(d).
(g) Reporting of additional monitoring data
Any system which collects sampling data in addition to that required by this subpart shall report the results to the Executive Secretary within the first ten day following the end of the applicable monitoring period under R309-210-6(3), R309-210-6(5) and R309-210-6(6) during which the samples are collected.
(h) Reporting of 90th percentile lead and copper concentrations where the Executive Secretary calculates a system's 90th percentile concentrations. A water system is not required to report the 90th percentile lead and copper concentrations measured from among all lead and copper tap water samples during each monitoring period, as required by paragraph (a)(i)(D) of this section if:
(i) The Executive Secretary has previously notified the water system that it will calculate the water system's 90th percentile lead and copper concentrations, based on the lead and copper tap results submitted pursuant to paragraph (h)(ii)(A) of this section, and has specified a date before the end of the applicable monitoring period by which the system must provide the results of lead and copper tap water samples;
(ii) The system has provided the following information to the Executive Secretary by the date specified in paragraph (h)(i) of this section:
(A) The results of all tap samples for lead and copper including the location of each site and the criteria under R309-210-6(3)(a)(iii), (iv), (v), (vi), and/or (vii) under which the site was selected for the system's sampling pool, pursuant to paragraph (a)(i)(A) of this section; and
(B) An identification of sampling sites utilized during the current monitoring period that were not sampled during previous monitoring periods, and an explanation why sampling sites have changed; and
(iii) The Executive Secretary has provided the results of the 90th percentile lead and copper calculations, in writing, to the water system before the end of the monitoring period.
R309-210-9. Disinfection Byproducts - Initial Distribution System Evaluations.
(1) General requirements.
(a) The requirements of this sub-section establish monitoring and other requirements for identifying R309-210-10 compliance monitoring locations for determining compliance with maximum contaminant levels for total trihalomethanes (TTHM) and haloacetic acids (five)(HAA5). The water system must use an Initial Distribution System Evaluation (IDSE) to determine locations with representative high TTHM and HAA5 concentrations throughout the distribution system. IDSEs are used in conjunction with, but separate from, R309-210-8 compliance monitoring, to identify and select R309-210-10 compliance monitoring locations.
(b) Applicability. Community water systems that uses a primary or residual disinfectant other than ultraviolet light or delivers water that has been treated with a primary or residual disinfectant other than ultraviolet light; or if the system is a non-transient non-community water systems that serves at least 10,000 people and uses a primary or residual disinfectant other than ultraviolet light or delivers water that has been treated with a primary or residual disinfectant other than ultraviolet light are subject to these requirements.
(c) Schedule. The water system must comply with the requirements of this subpart on the schedule in paragraph (c)(i).
(i) For water systems that are not part of a combined distribution system and systems that serve the largest population in the combined distribution system.
(A) For water systems that serve a population greater than or equal to 100,000:
(I) The water system must submit a standard monitoring plan or system specific study plan or 40/30 certification to the Executive Secretary by or receive very small system waiver from the Executive Secretary by October 1, 2006.
(II) The water system must complete the standard monitoring or system specific study by September 30, 2008.
(III) The water system must submit the IDSE report to the Executive Secretary by January 1, 2009.
(B) For water systems that serve a population from 50,000 to 99,999:
(I) The water system must submit a standard monitoring plan or system specific study plan or 40/30 certification to the Executive Secretary by or receive very small system waiver from the Executive Secretary by April 1, 2007.
(II) The water system must complete the standard monitoring or system specific study by March 31, 2009.
(III) The water system must submit the IDSE report to the Executive Secretary by July 1, 2009.
(C) For water systems that serve a population from 10,000 to 49,999:
(I) The water system must submit a standard monitoring plan or system specific study plan or 40/30 certification to the Executive Secretary by or receive very small system waiver from the Executive Secretary by October 1, 2007.
(II) The water system must complete the standard monitoring or system specific study by September 30, 2009.
(III) The water system must submit the IDSE report to the Executive Secretary by January 1, 2010.
(D) For community water systems that serve a population less than 10,000:
(I) The water system must submit a standard monitoring plan or system specific study plan or 40/30 certification to the Executive Secretary by or receive very small system waiver from the Executive Secretary by April 1, 2008.
(II) The water system must complete the standard monitoring or system specific study by March 31, 2010.
(III) The water system must submit the IDSE report to the Executive Secretary by July 1, 2010.
(ii) For other water systems that are part of a combined distribution system:
(A) For wholesale systems or consecutive systems:
(I) The water system must submit a standard monitoring plan or system specific study plan or 40/30 certification to the Executive Secretary by or receive very small system waiver from the Executive Secretary at the same time as the system with the earliest compliance date in the combined distribution system.
(II) The water system must complete the standard monitoring or system specific study at the same time as the system with the earliest compliance date in the combined distribution system.
(III) The water system must submit the IDSE report to the Executive Secretary by at the same time as the system with the earliest compliance date in the combined distribution system.
(iii) If, within 12 months after the date the water system is required to submit the information in (i)(A)(I), (B)(I), (C)(I), (D)(I) and (ii)(A)(I) above, the Executive Secretary does not approve the water system plan or notify the water system that it has not yet completed its review, the water system may consider the plan that was submitted as approved. The water system must implement that plan and must complete standard monitoring or a system specific study no later than the date identified in (i)(A)(II), (B)(II), (C)(II), (D)(II) and (ii)(A)(II) above.
(iv) The water system must submit the 40/30 certification under R309-210-9(4) by the date identified in (i)(A)(II), (B)(II), (C)(II), (D)(II) and (ii)(A)(II) above.
(v) If, within three months after the date identified in (i)(A)(III), (B)(III), (C)(III), (D)(III) and (ii)(A)(III) above (nine months after the date identified in this column if the water system must comply on the schedule in paragraph (c)(i)(C) of this section), the Executive Secretary does not approve the IDSE report or notify the water system that it has not yet completed its review, the water system may consider the report submitted as approved and must implement the recommended R309-210-10 monitoring as required.
(vi) For the purpose of the schedule in paragraph (c)(i) through (c)(v) of this section, the Executive Secretary may determine that the combined distribution system does not include certain consecutive systems based on factors such as receiving water from a wholesale system only on an emergency basis or receiving only a small percentage and small volume of water from a wholesale system. The Executive Secretary may also determine that the combined distribution system does not include certain wholesale systems based on factors such as delivering water to a consecutive system only on an emergency basis or delivering only a small percentage and small volume of water to a consecutive system.
(d) The water system must conduct standard monitoring that meets the requirements in R309-210-9(2), or a system specific study that meets the requirements in R309-210-9(3), or certify to the Executive Secretary that the water system meet 40/30 certification criteria under R309-210-9(4), or qualify for a very small system waiver under R309-210-9(5).
(i) The water system must have taken the full complement of routine TTHM and HAA5 compliance samples required of a system with the population and source water under R309-210-8 (or the water system must have taken the full complement of reduced TTHM and HAA5 compliance samples required of a system with the population and source water under R309-210-8 if the water system meets reduced monitoring criteria under R309-210-8) during the period specified in R309-210-9(4)(a) to meet the 40/ 30 certification criteria in R309-210-9(4) the water system must have taken TTHM and HAA5 samples under R309-200-4(3) and R309-210-8 to be eligible for the very small system waiver in R309-210-9(5).
(ii) If the water system has not taken the required samples, the water system must conduct standard monitoring that meets the requirements in R309-210-9(2), or a system specific study that meets the requirements in R309-210-9(3).
(e) The water system must use only the analytical methods specified in R309-200-4(3), or otherwise approved by EPA for monitoring under this subpart, to demonstrate compliance with the requirements of this subpart.
(f) IDSE results will not be used for the purpose of determining compliance with MCLs in R309-200-5(3)(c).
(2) Standard monitoring.
. . . . . . .
(b) Standard monitoring.
(i) The water system must monitor as indicated in paragraph (b)(i). The water system must collect dual sample sets at each monitoring location. One sample in the dual sample set must be analyzed for TTHM. The other sample in the dual sample set must be analyzed for HAA5. The water system must conduct one monitoring period during the peak historical month for TTHM levels or HAA5 levels or the month of warmest water temperature. The water system must review available compliance, study, or operational data to determine the peak historical month for TTHM or HAA5 levels or warmest water temperature.
(A) Surface water systems serving less than 500 population which are consecutive systems.
(I) One monitoring period per year, dual sample sets must be taken during the peak historical month. Two dual samples sets must be collected per monitoring period.
(II) One dual sample set must be taken at the high TTHM location in the distribution system.
(III) One dual sample set must be taken near the entry point of the disinfected water into the distribution system.
(B) Surface water systems serving less than 500 population which are non-consecutive systems.
(I) One monitoring period per year, dual sample sets must be taken during the peak historical month. Two dual samples sets must be collected per monitoring period.
(II) One dual sample set must be taken at the high TTHM location in the distribution system.
(III) One dual sample set must be taken at the high HAA5 location in the distribution system.
(C) Surface water systems serving between 500 to 3,300 population which are consecutive systems.
(I) Four monitoring periods per year, dual sample sets must be taken every 90 days. Two dual samples sets must be collected per monitoring period.
(II) One dual sample set must be taken at the high TTHM location in the distribution system.
(III) One dual sample set must be taken near the entry point of the disinfected water into the distribution system.
(D) Surface water systems serving between 500 to 3,300 population which are non-consecutive systems.
(I) Four monitoring periods per year, dual sample sets must be taken every 90 days. Two dual samples sets must be collected per monitoring period.
(II) One dual sample set must be taken at the high TTHM location in the distribution system.
(III) One dual sample set must be taken at the high HAA5 location in the distribution system.
(E) Surface water systems serving between 3,301 to 9,999 population.
(I) Four monitoring periods per year, dual sample sets must be taken every 90 days. Four dual samples sets must be collected per monitoring period.
(II) Two dual sample sets must be taken at the high TTHM locations in the distribution system.
(III) One dual sample set must be taken at the high HAA5 location in the distribution system.
(IV) One dual sample set must be taken at an average residence time of the disinfected water in the distribution system.
(F) Surface water systems serving between 10,000 to 49,999 population.
(I) Six monitoring periods per year, dual sample sets must be taken every 60 days. Eight dual samples sets must be collected per monitoring period.
(II) Three dual sample sets must be taken at the high TTHM locations in the distribution system.
(III) Two dual sample sets must be taken at the high HAA5 locations in the distribution system.
(IV) Two dual sample sets must be taken at an average residence time of the disinfected water in the distribution system.
(V) One dual sample set must be taken near the entry point of the disinfected water into the distribution system.
(G) Surface water systems serving between 50,000 to 249,999 population.
(I) Six monitoring periods per year, dual sample sets must be taken every 60 days. 16 dual samples sets must be collected per monitoring period.
(II) Five dual sample sets must be taken at the high TTHM locations in the distribution system.
(III) Four dual sample sets must be taken at the high HAA5 locations in the distribution system.
(IV) Four dual sample sets must be taken at an average residence time of the disinfected water in the distribution system.
(V) Three dual sample sets must be taken near the entry point of the disinfected water into the distribution system.
(H) Surface water systems serving between 250,000 to 999,999 population.
(I) Six monitoring periods per year, dual sample sets must be taken every 60 days. 24 dual samples sets must be collected per monitoring period.
(II) Eight dual sample sets must be taken at the high TTHM locations in the distribution system.
(III) Six dual sample sets must be taken at the high HAA5 locations in the distribution system.
(IV) Six dual sample sets must be taken at an average residence time of the disinfected water in the distribution system.
(V) Four dual sample sets must be taken near the entry point of the disinfected water into the distribution system.
(I) Surface water systems serving between 1,000,000 to 4,999,999 population.
(I) Six monitoring periods per year, dual sample sets must be taken every 60 days. 32 dual samples sets must be collected per monitoring period.
(II) Ten dual sample sets must be taken at the high TTHM locations in the distribution system.
(III) Eight dual sample sets must be taken at the high HAA5 locations in the distribution system.
(IV) Eight dual sample sets must be taken at an average residence time of the disinfected water in the distribution system.
(V) Six dual sample sets must be taken near the entry point of the disinfected water into the distribution system.
(J) Surface water systems serving 5,000,000 or more population.
(I) Six monitoring periods per year, dual sample sets must be taken every 60 days. 40 dual samples sets must be collected per monitoring period.
(II) Twelve dual sample sets must be taken at the high TTHM locations in the distribution system.
(III) Ten dual sample sets must be taken at the high HAA5 locations in the distribution system.
(IV) [Eight]Ten dual sample sets
must be taken at an average residence time of the disinfected water in the
distribution system.
(V) Eight dual sample sets must be taken near the entry point of the disinfected water into the distribution system.
(K) Ground water systems serving less than 500 population which are consecutive systems.
(I) One monitoring period per year, dual sample sets must be taken during the peak historical month. Two dual samples sets must be collected per monitoring period.
(II) One dual sample set must be taken at the high TTHM location in the distribution system.
(III) One dual sample set must be taken near the entry point of the disinfected water into the distribution system.
(L) Ground water systems serving less than 500 population which are non-consecutive systems.
(I) One monitoring period per year, dual sample sets must be taken during the peak historical month. Two dual samples sets must be collected per monitoring period.
(II) One dual sample set must be taken at the high TTHM location in the distribution system.
(III) One dual sample set must be taken at the high HAA5 location in the distribution system.
(M) Ground water systems serving between 500 to 9,999 population.
(I) Four monitoring periods per year, dual sample sets must be taken every 90 days. Two dual samples sets must be collected per monitoring period.
(II) One dual sample set must be taken at the high TTHM location in the distribution system.
(III) One dual sample set must be taken at the high HAA5 location in the distribution system.
(N) Ground water systems serving between 10,000 to 99,999 population.
(I) Four monitoring periods per year, dual sample sets must be taken every 90 days. Six dual samples sets must be collected per monitoring period.
(II) Two dual sample sets must be taken at the high TTHM locations in the distribution system.
(III) Two dual sample sets must be taken at the high HAA5 locations in the distribution system.
(IV) One dual sample set must be taken at an average residence time of the disinfected water in the distribution system.
(V) One dual sample set must be taken near the entry point of the disinfected water into the distribution system.
(O) Ground water systems serving between 100,000 to 499,999 population.
(I) Four monitoring periods per year, dual sample sets must be taken every 90 days. Eight dual samples sets must be collected per monitoring period.
(II) Three dual sample sets must be taken at the high TTHM locations in the distribution system.
(III) Three dual sample sets must be taken at the high HAA5 locations in the distribution system.
(IV) One dual sample set must be taken at an average residence time of the disinfected water in the distribution system.
(V) One dual sample set must be taken near the entry point of the disinfected water into the distribution system.
(P) Ground water systems serving 500,000 or greater population.
(I) Four monitoring periods per year, dual sample sets must be taken every 90 days. Twelve dual samples sets must be collected per monitoring period.
(II) Four dual sample sets must be taken at the high TTHM locations in the distribution system.
(III) Four dual sample sets must be taken at the high HAA5 locations in the distribution system.
(IV) Two dual sample sets must be taken at an average residence time of the disinfected water in the distribution system.
(V) Two dual sample sets must be taken near the entry point of the disinfected water into the distribution system.
(Q) A dual sample set (i.e., a TTHM and an HAA5 sample) must be taken at each monitoring location during each monitoring period.
(R) The peak historical month is the month with the highest TTHM or HAA5 levels or the warmest water temperature.
(ii) The water system must take samples at locations other than the existing R309-210-8 monitoring locations. Monitoring locations must be distributed throughout the distribution system.
(iii) If the number of entry points to the distribution system is fewer than the specified number of entry point monitoring locations, excess entry point samples must be replaced equally at high TTHM and HAA5 locations. If there is an odd extra location number, the water system must take a sample at a high TTHM location. If the number of entry points to the distribution system is more than the specified number of entry point monitoring locations, the water system must take samples at entry points to the distribution system having the highest annual water flows.
(iv) The system monitoring under this paragraph (b) may not be reduced under the provisions of R309-105-5(2).
(c) IDSE report. The IDSE report must include the elements required in paragraphs (c)(i) through (c)(iv) of this section. The water system must submit the IDSE report to the Executive Secretary according to the schedule in R309-210-9(1)(c).
(i) The IDSE report must include all TTHM and HAA5 analytical results from R309-210-8 compliance monitoring and all standard monitoring conducted during the period of the IDSE as individual analytical results and LRAAs presented in a tabular or spreadsheet format acceptable to the Executive Secretary. If changed from the standard monitoring plan submitted under paragraph (a) of this section, the report must also include a schematic of the distribution system, the population served, and system type (surface water or ground water).
(ii) The IDSE report must include an explanation of any deviations from the approved standard monitoring plan.
(iii) The water system must recommend and justify R309-210-10 compliance monitoring locations and timing based on the protocol in R309-210-9(6).
(iv) The water system must retain a complete copy of the IDSE report submitted under this section for 10 years after the date that the water system submitted the report. If the Executive Secretary modifies the R309-210-10 monitoring requirements that the water system recommended in the IDSE report or if the Executive Secretary approves alternative monitoring locations, the water system must keep a copy of the Executive Secretary's notification on file for 10 years after the date of the Executive Secretary's notification. The water system must make the IDSE report and any Executive Secretary notification available for review by the Executive Secretary or the public.
. . . . . . .
KEY: drinking water, distribution system monitoring, compliance determinations
Date of Enactment or Last Substantive Amendment: [May 14, 2007]2009
Notice of Continuation: May 16, 2005
Authorizing, and Implemented or Interpreted Law: 19-4-104; [63-46b-4]63G-4-202
ADDITIONAL INFORMATION
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For questions regarding the content or application of this rule, please contact Rachael Cassady at the above address, by phone at 801-536-4467, by FAX at 801-536-4211, or by Internet E-mail at rcassady@utah.gov
For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.
Last modified: 01/10/2014 3:58 PM