Current through September 18, 2024
Authority: IC 13-13-5-1; IC 13-14-8-7; IC 13-18-3; IC
13-18-16
Affected: IC 13-18
Sec. 36.
(a) The
requirements of this section and sections 37 through 47 of this rule constitute
the drinking water regulations for lead and copper. Unless otherwise indicated,
each section applies to CWSs and NTNCWSs (in this section and sections 37
through 47 of this rule referred to as water systems or systems).
(b) This section and sections 37 through 47
of this rule establish a treatment technique that includes requirements for:
(1) corrosion control treatment;
(2) lead service line replacement;
and
(3) public education. These
requirements are triggered, in some cases, by lead and copper action levels
measured in samples collected at consumers' taps.
(c) The following are requirements for lead
and copper action levels:
(1) The lead action
level is exceeded if the concentration of lead in more than ten percent (10%)
of tap water samples collected during any monitoring period conducted in
accordance with section 37 of this rule is greater than fifteen-thousandths
(0.015) milligram per liter, for example, if the ninetieth percentile lead
level is greater than fifteen-thousandths (0.015) milligram per
liter.
(2) The copper action level
is exceeded if the concentration of copper in more than ten percent (10%) of
tap samples collected during any monitoring period conducted in accordance with
section 37 of this rule is greater than one and three-tenths (1.3) milligram
per liter, for example, if the ninetieth percentile copper level is greater
than one and three-tenths (1.3) milligram per liter.
(3) The ninetieth percentile lead and copper
levels shall be computed as follows:
(A) The
results of all lead or copper samples taken during a monitoring period shall be
placed in ascending order from the sample with the lowest concentration to the
sample with the highest concentration. Each sampling result shall be assigned a
number, ascending by single integers beginning with the number one (1) for the
sample with the lowest contaminant level. The number assigned to the sample
with the highest contaminant level shall be equal to the total number of
samples taken.
(B) The number of
samples taken during the monitoring period shall be multiplied by nine-tenths
(0.9).
(C) The contaminant
concentration in the numbered sample yielded by the calculation in clause (B)
is the ninetieth percentile contaminant level.
(D) For water systems serving fewer than one
hundred (100) people that collect five (5) samples per monitoring period, the
ninetieth percentile is computed by taking the average of the highest and
second highest concentrations.
(E)
For a PWS that has been allowed by the commissioner to collect fewer than five
(5) samples in accordance with section 37(c) of this rule, the sample result
with the highest concentration is considered the ninetieth percentile
value.
(d)
The following are requirements for corrosion control treatment:
(1) A PWS shall install and operate optimal
corrosion control treatment as defined in section 41 of this rule.
(2) A PWS that complies with the applicable
corrosion control treatment requirements specified by the commissioner under
sections 40 and 41 of this rule shall be deemed in compliance with the
treatment requirement contained in subdivision (1).
(e) A PWS exceeding the lead or copper action
level shall implement all applicable source water treatment requirements
specified by the commissioner under section 42 of this rule.
(f) A PWS 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 section 43 of this rule.
(g) A PWS shall provide, according to section
44(d) of this rule, a consumer notice of lead tap water monitoring results to
persons served at the sites (taps) that are tested. A PWS exceeding the lead
action level shall implement the public education requirements contained in
section 44(a) of this rule.
(h) The
following shall be completed in compliance with sections 37 through 39 and 45
of this rule:
(1) Tap water monitoring for
lead and copper.
(2) Monitoring for
water quality parameters.
(3)
Source water monitoring for lead and copper.
(4) Analyses of the monitoring results under
subdivisions (1) through (3).
(i) A PWS shall do the following:
(1) Report to the commissioner any
information required by the treatment provisions of this section and section 46
of this rule.
(2) Maintain records
in accordance with section 47 of this rule.
(j) Failure to comply with the applicable
requirements of this section and sections 37 through 47 of this rule shall
constitute a violation of the drinking water regulations for lead or copper, or
both.
