Indiana Administrative Code
Title 327 - WATER POLLUTION CONTROL DIVISION
Article 8 - PUBLIC WATER SUPPLY
Rule 2 - Drinking Water Standards
Section 2-37 - Monitoring requirements for lead and copper in tap water
Universal Citation: 327 IN Admin Code 2-37
Current through September 18, 2024
Authority: IC 13-13-5; IC 13-14-8-7; IC 13-14-9; IC 13-18-3; IC 13-18-16
Affected: IC 13-18
Sec. 37.
(a) The following are requirements for sample site locations:
(1) By the applicable date of commencement of
monitoring under subsection (d)(1), each water system shall complete a
materials evaluation of its distribution system in order to identify a pool of
targeted sampling sites that:
(A) meet the
requirements of this section; and
(B) are sufficiently large to ensure that the
water system can collect the number of lead and copper tap samples required in
subsection (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 POUs or POEs designated to remove inorganic contaminants.
(2) A water system shall use the information
on lead, copper, and galvanized steel that it is required to collect under
section 22 of this rule (special monitoring for corrosivity characteristics)
when conducting a materials evaluation. When an evaluation of the information
collected under section 22(d) of this rule is insufficient to locate the
requisite number of lead and copper sampling sites that meet the targeting
criteria in subdivisions (3) through (7), the water system shall review the
following sources of information in order to identify a sufficient number of
sampling sites:
(A) All plumbing codes,
permits, and records in the files of the building department that indicate the
plumbing materials that are installed within publicly or 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.
(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.
In addition, the system shall seek to collect the information listed in clauses (A) through (C), where possible, in the course of its normal operations, such as checking service line materials when reading water meters or performing maintenance activities.
(3) The sampling sites selected for a CWS's
sampling pool (tier one (1) sampling sites) shall consist of:
(A) single family structures; or
(B) multiple family residences if the
residences comprise at least twenty percent (20%) of the structures served by
water systems that:
(i) contain:
(AA) copper pipes with lead solder installed
after 1982; or
(BB) lead
pipes;
(ii) are served
by a lead service line; or
(iii)
meet both items (i) and (ii).
(4) Any CWS with insufficient tier one (1)
sampling sites shall complete its sampling pool with tier two (2) sampling
sites consisting of buildings, including multiple family residences that:
(A) contain:
(i) copper pipes with lead solder installed
after 1982; or
(ii) lead
pipes;
(B) are served by
a lead service line; or
(C) meet
both clauses (A) and (B).
(5) Any CWS with insufficient tier one (1)
and tier two (2) sampling sites shall complete its sampling pool with tier
three (3) sampling sites consisting of single family structures that contain
copper pipes with lead solder installed before 1983. A CWS with insufficient
tier one (1), tier two (2), and tier three (3) sampling sites shall complete
its sampling pool with representative sites throughout the distribution system.
For purposes of this subdivision, 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.
(6) The
sampling sites selected for an NTNCWS (tier one (1) sampling sites) shall
consist of buildings that:
(A) contain:
(i) copper pipes with lead solder installed
after 1982; or
(ii) lead
pipes;
(B) are served by
a lead service line; or
(C) meet
both clauses (A) and (B).
(7) An NTNCWS with insufficient tier one (1)
sites that meet the targeting criteria in subdivision (6) 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 the sampling
pool, the NTNCWS shall use representative sites throughout its distribution
system. For the purpose of this subdivision, 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.
(8) Any water system whose distribution
system contains lead service lines shall draw:
(A) fifty percent (50%) of the samples it
collects during each monitoring period from sites that contain:
(i) lead pipes; or
(ii) copper pipes with lead solder;
and
(B) fifty percent
(50%) 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 the lines.
(b) The following are requirements for sample collection methods:
(1) All tap samples for lead and copper
collected in accordance with this section and sections 38 through 43 of this
rule, with the exception of:
(A) lead service
line samples collected under section 43(c) of this rule; and
(B) samples collected under subdivision (5);
shall be first draw samples.
(2) Each first draw tap sample for lead and
copper:
(A) shall:
(i) be one (1) liter in volume; and
(ii) have stood motionless in the plumbing
system of each sampling site for at least six (6) hours;
(B) from residential housing shall be
collected from the:
(i) cold water kitchen
tap; or
(ii) bathroom sink
tap;
(C) from a
nonresidential building shall be:
(i) one (1)
liter in volume; and
(ii) collected
at an interior tap from which water is typically drawn for consumption;
and
(D) may be collected
by the:
(i) system; or
(ii) residents, as allowed by the system,
after instructing the residents of the sampling procedures specified in this
subdivision. To avoid problems of residents handling nitric acid, acidification
of first draw samples may be done up to fourteen (14) 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 the EPA-approved
method before the sample can be analyzed. 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.
(3) Each service line sample shall
be one (1) liter in volume and have stood motionless in the lead service line
for at least six (6) hours. Lead service line samples shall be collected in one
(1) of the following 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.
(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 that would be indicative of
water that has been standing in the lead service line.
(4) A water system shall collect each first
draw tap sample from:
(A) the same sampling
site from which it collected a previous sample; or
(B) another sampling site in its sampling
pool:
(i) if, for any reason, the water system
cannot gain entry to a sampling site in order to collect a follow-up tap
sample; and
(ii) as long as the new
site:
(AA) meets the same targeting criteria;
and
(BB) is within reasonable
proximity of the original site.
(5) An NTNCWS, or a CWS meeting the criteria
of section 44(b)(7) of this rule, that does not have enough taps that can
supply first draw samples, as defined in subsection (a)(1):
(A) may apply to the commissioner in writing
to substitute nonfirst draw samples; and
(B) must:
(i) collect as many first draw samples as
possible that are:
(AA) one (1) liter in
volume; and
(BB) collected at an
interior tap from which water is typically drawn for consumption; and
(ii) identify:
(AA) sampling times; and
(BB) locations;
that would likely result in the longest standing time for the remaining sites. The commissioner has the discretion to waive the requirement for prior approval of nonfirst draw sample sites selected by the system by written notification to the system.
(c) Water systems:
(1) shall collect at least one (1) sample
during each monitoring period specified in subsection (d) from the number of
sites listed in the second column of the table in this subsection (standard
monitoring);
(2) conducting reduced
monitoring under subsection (d)(4) shall collect:
(A) at least one (1) sample from the number
of sites specified in the third column of the table in this subsection during
each monitoring period specified in subsection (d)(4); and
(B) from monitoring sites that are
representative of the sites required for standard monitoring; and
(3) with fewer than five (5)
drinking water taps, that can be used for human consumption meeting the sample
site criteria of subsection (a) to reach the required number of samples sites
listed in this subsection, shall collect:
(A)
at least one (1) sample from each tap; and
(B) additional samples from those taps on
different days during the monitoring period to meet the required number of
sites. Alternatively, the commissioner may allow these PWSs to collect a number
of samples less than the number of sites specified in this subsection, provided
that all taps that can be used for human consumption are sampled.
The commissioner shall approve this reduction of the minimum number of samples in writing based on a request from the system or on-site verification by the commissioner.
The commissioner may specify sampling locations when a system is conducting reduced monitoring.
| System Size (Number of People Served) | Number of Sites (Standard Monitoring) | Number of Sites (Reduced Monitoring) |
| > 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 |
| < 101 | 5 | 5 |
(d) The following are requirements for the timing of monitoring:
(1) For initial tap
sampling, the first six (6) month monitoring period for small, medium size, and
large systems shall begin on the following dates:
| System Size (Number of People Served) | First Six Month Monitoring Period Begins On |
| > 50,000 | January 1, 1992 |
| 3,301 to 50,000 | July 1, 1992 |
| < 3,301 | July 1, 1993 |
The monitoring requirements are as follows:
(A) All large systems shall monitor during
two (2) consecutive six (6) month periods.
(B) All small and medium size systems shall
monitor during each six (6) month monitoring period until the system:
(i) exceeds the lead or copper action level
and is therefore required to implement the corrosion control treatment
requirements under section 40 of this rule, in which case the system shall
continue monitoring in accordance with subdivision (2); or
(ii) meets the lead and copper action levels
during two (2) consecutive six (6) month monitoring periods, in which case the
system may reduce monitoring in accordance with subdivision (4).
(2) Tap water
monitoring requirements for lead and copper after corrosion control and source
water treatment are as follows:
(A) Any large
system that installs optimal corrosion control treatment under STEP FOUR of
section 40(d) of this rule shall monitor during two (2) consecutive six (6)
month monitoring periods by the date specified in STEP FIVE of section 40(d) of
this rule.
(B) Any small or medium
size system that installs optimal corrosion control treatment under STEP FIVE
of section 40(e) of this rule shall monitor during two (2) consecutive six (6)
month monitoring periods by the date specified in STEP SIX of section 40(e) of
this rule.
(C) Any system that
installs source water treatment under STEP THREE of section 42(a) of this rule
shall monitor during two (2) consecutive six (6) month monitoring periods by
the date specified in STEP FOUR of section 42(a) of this rule.
(3) After the commissioner
specifies the values for water quality control parameters under section 41(f)
of this rule, the system shall monitor during each subsequent six (6) month
monitoring period, with the first monitoring period to begin on the date the
commissioner specifies optimal values under section 41(f) of this
rule.
(4) Reduced monitoring
requirements shall be as follows:
(A) A small
or medium size water system that meets the lead and copper action levels during
each of two (2) consecutive six (6) month monitoring periods and collects:
(i) five (5) or more samples may reduce the:
(AA) number of samples in accordance with
subsection (c); and
(BB) frequency
of sampling to once per year; or
(ii) fewer than five (5) samples as specified
in subsection (c), may reduce the frequency of sampling to once per year.
In no case may the system reduce the number of samples required below the minimum of one (1) sample per available tap. This sampling must begin during the calendar year immediately following the end of the second consecutive six (6) 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
commissioner under section 41(f) of this rule during each of two (2)
consecutive six (6) 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 subsection (c) if it receives written approval from the
commissioner. This sampling must begin during the calendar year immediately
following the end of the second consecutive six (6) month monitoring period.
The commissioner shall:
(i) review:
(AA) monitoring;
(BB) treatment; and
(CC) other relevant;
information submitted by the water system in accordance with section 46 of this rule;
(ii) notify the system in writing when the
commissioner determines the system is eligible to commence reduced monitoring;
and
(iii) review and, where
appropriate, revise the commissioner's determination when:
(AA) the system submits new monitoring or
treatment data; or
(BB) 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 (3) consecutive years of monitoring may reduce the frequency of
monitoring for lead and copper from annually to once every three (3) 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 commissioner under section 41(f) of this rule during
three (3) consecutive years of monitoring may reduce the frequency of
monitoring from annually to once every three (3) years if it receives written
approval from the commissioner. Samples collected once every three (3) years
must be collected not later than every third calendar year. The commissioner
shall:
(i) review:
(AA) monitoring;
(BB) treatment; and
(CC) other relevant;
information submitted by the water system in accordance with section 46 of this rule;
(ii) notify the system in writing when the
commissioner determines the system is eligible to reduce the frequency of
monitoring to once every three (3) years; and
(iii) review and, where appropriate, revise
the determination when:
(AA) the system
submits new monitoring or treatment data; or
(BB) 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 subsection (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
commissioner has approved a different sampling period in accordance with the
following:
(i) At the commissioner's
discretion, a different period for conducting the lead and copper tap sampling
may be approved for systems conducting a reduced number of samples. This
different period shall be no longer than four (4) months and must represent a
time of normal operation where the highest levels of lead are most likely to
occur. The commissioner shall designate a period that represents a time of
normal operation for the system as follows:
(AA) For an NTNCWS that does not operate
during the months of June through September.
(BB) Where the period of normal operation
having the highest levels of lead that are most likely to occur is not known.
This sampling must begin during the period approved or designated by the commissioner in the calendar year immediately following the end of the second consecutive six (6) month monitoring period for systems initiating annual monitoring and during the three (3) year period following the end of the third consecutive calendar year of annual monitoring for systems initiating triennial monitoring.
(ii) Systems monitoring annually that have
been collecting samples during the months of June through September and have
received approval from the commissioner to alter their sample collection period
under subsection (a) shall collect their next round of samples during a period
that ends not later than twenty-one (21) months after the previous round of
sampling.
(iii) Systems monitoring
triennially that have been collecting samples during the months of June through
September and have received approval from the commissioner to alter their
sample collection period under subsection (a) shall collect their next round of
samples during a time period that ends not more than forty-five (45) months
after the previous round of sampling. Subsequent rounds of sampling shall be
collected annually or triennially as required by this section.
(iv) Small systems with waivers granted under
subsection (g) that have been collecting samples during the months of June
through September and have received approval from the commissioner to alter
their sample collection period under item (i) must collect their next round of
samples before the end of the nine (9) year period.
(E) A water system that demonstrates for two
(2) consecutive six (6) month monitoring periods that the tap water lead level
computed under section 36(c)(3) of this rule is less than or equal to
five-thousandths (0.005) milligram per liter (mg/L) and the tap water copper
level computed under section 36(c)(3) of this rule is less than or equal to
sixty-five hundredths (0.65) mg/L may reduce the number of samples in
accordance with subsection (c) and reduce the frequency of sampling to once
every three (3) calendar years.
(F)
The following apply when a small or medium size water system subject to reduced
monitoring exceeds the lead or copper action level:
(i) A small or medium size water system
subject to reduced monitoring that exceeds the lead or copper action level:
(AA) shall resume sampling in accordance with
subdivision (3) and collect the number of samples specified for standard
monitoring under subsection (c);
(BB) shall conduct water quality parameter
monitoring in accordance with section 38(c), 38(d), or 38(e) of this rule, as
appropriate, during the monitoring period in which it exceeds the action level;
and
(CC) may resume annual
monitoring for lead and copper at the tap at the reduced number of sites
specified in subsection (c) after it has completed two (2) subsequent
consecutive six (6) month rounds of monitoring that meet the criteria of clause
(A) 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 clause (C) or (E).
(ii) A water system subject to the reduced
monitoring frequency that fails to meet the lead action level during any four
(4) 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 commissioner under section 41(f) of this rule for more than nine (9)
days in any six (6) month period specified in section 38(d) of this rule shall
conduct tap water sampling for lead and copper at the frequency specified in
subdivision (3), collect the number of samples specified for standard
monitoring under subsection (c), and resume monitoring for water quality
parameters in accordance with section 38(d) of this rule. This standard tap
water sampling must begin not later than the six (6) month period beginning
January 1 of the calendar year following the lead action level exceedance or
the water quality parameter excursion. A system affected under this item may
resume reduced monitoring for lead and copper at the tap and 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
subsection (c) after it has completed two (2) subsequent six (6) month rounds
of monitoring that meets the criteria of clause (B) and the system has received
written approval from the commissioner that it is appropriate to resume reduced
monitoring on an annual frequency. This sampling must begin during the calendar
year immediately following the end of the second consecutive six (6) 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 clause (C) or (E) and the system has
received written approval from the commissioner 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 section 38(f)(1) of this rule and the frequency
with which it collects the samples in accordance with section 38(f)(2) of this
rule. A system may not resume triennial monitoring for water quality parameters
at the tap until it demonstrates, in accordance with the requirements of
section 38(f)(2) of this rule, that it has requalified for triennial
monitoring.
(G) A water system subject to a reduced
monitoring frequency under this subdivision shall inform the commissioner in
writing in accordance with section 46(a)(3) of this rule of any upcoming
long-term change in treatment or addition of a new source as described in this
section. The commissioner:
(i) shall review
and approve the addition of a:
(AA) new
source; or
(BB) long-term change in
water treatment;
before it is implemented by the water system; and
(ii) may require the
system to:
(AA) resume sampling in accordance
with subdivision (3) and collect the number of samples specified for standard
monitoring under subsection (c); or
(BB) take other appropriate steps such as
increased water quality parameter monitoring or reevaluation of its corrosion
control treatment given the potentially different water quality
considerations.
(e) The results of any monitoring conducted in addition to the minimum requirements of this section shall be considered by the system and the commissioner in making any determinations, for example, calculating the ninetieth percentile lead or copper level, under:
(1) section 36 of this rule;
(2) this section; and
(3) sections 38 through 47 of this
rule.
(f) A sample invalidated under this subsection does not count toward determining lead or copper ninetieth percentile levels under section 36(c)(3) of this rule or toward meeting the minimum monitoring requirements of subsection (c). The following criteria specify invalidation of samples:
(1) The commissioner may invalidate a lead or
copper tap water sample if at least one (1) of the following conditions is met:
(A) The laboratory establishes that improper
sample analysis caused erroneous results.
(B) The commissioner 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.
(2) The system must report the results of all
samples to the commissioner and all supporting documentation for samples the
system believes should be invalidated.
(3) To invalidate a sample under subdivision
(1), the decision and the rationale for the decision must be documented in
writing. The commissioner may not invalidate a sample solely on the grounds
that a follow-up sample result is higher or lower than the original
sample.
(4) The following apply to
replacement samples:
(A) The water system must
collect replacement samples for any samples invalidated under this section if,
after the invalidation of one (1) or more samples, the system has too few
samples to meet the minimum requirements of subsection (c).
(B) Replacement samples required under clause
(A) must be taken as soon as possible, but not later than:
(i) twenty (20) days after the date the
commissioner invalidates the sample; or
(ii) the end of the applicable monitoring
period; whichever occurs later.
(C) 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.
(D) Replacement samples shall be taken at:
(i) the same locations as the invalidated
samples; or
(ii) locations other
than those already used for sampling during the monitoring period if it is not
possible to take samples from the locations specified in item (i).
(g) A small system that meets the criteria of this subsection may apply to the commissioner to reduce the frequency of monitoring for lead and copper under this section to once every nine (9) years for a full waiver if it meets all of the materials criteria specified in subdivision (1) and all of the monitoring criteria specified in subdivision (2). A small system that meets the criteria of subdivisions (1) and (2) for lead or copper but not for both may apply to the commissioner for a partial waiver that may reduce the frequency of tap water monitoring for that contaminant only. The following are the criteria for lead and copper waivers for a small system:
(1) The
system must demonstrate that the distribution system, 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 or copper-containing materials, or both, according to the
following:
(A) To qualify for a lead waiver,
either a full waiver or a waiver of the tap water monitoring requirements, the
water system must provide certification and supporting documentation to the
commissioner that the system is free of all lead-containing materials as
demonstrated by the following:
(i) There are
no plastic pipes or plastic service lines that contain lead
plasticizers.
(ii) The system is
free of lead service lines, lead pipes, lead soldered pipe joints, and leaded
brass or bronze alloy fitting and fixtures unless the fittings and fixtures
meet the specifications of any standard established pursuant to the Act at
42 U.S.C.
300 g - 6(e).
(B) To qualify for copper waiver, either a
full waiver or a waiver of the tap water monitoring requirements, the water
system must provide certification and supporting documentation to the
commissioner that the system contains no copper pipes or copper service
lines.
(2) The system
must have completed at least one (1) six (6) month round of standard tap water
monitoring for lead and copper at sites approved by the commissioner and from
the number of sites required by subsection (c) and demonstrate that the
ninetieth percentile levels for any and all rounds of monitoring conducted
since the system became free of all lead-containing or copper-containing
materials, or both, as appropriate, meet the following criteria:
(A) To qualify for a full waiver or a lead
waiver, the system must demonstrate that the ninetieth percentile lead level
does not exceed five-thousandths (0.005) mg/L.
(B) To qualify for a full waiver or a copper
waiver, the system must demonstrate that the ninetieth percentile for copper
does not exceed sixty-five hundredths (0.65) mg/L.
(3) The commissioner shall notify the system
of its waiver determination, in writing, setting forth the basis of its
decision and any condition of the waiver. The small system must continue
monitoring for lead and copper at the tap as required by subsection (d), as
appropriate, until it receives written notification from the commissioner that
the waiver has been approved. As a condition of the waiver, the commissioner
may require the system to perform specific activities to avoid the risk of lead
or copper concentration of concern in tap water, including the following:
(A) Limited monitoring.
(B) Periodic outreach to customers to remind
them to avoid installation of materials that might void the waiver.
(4) The monitoring requirements
for systems with a full waiver, a lead waiver, or a copper waiver are as
follows:
(A) A system with a full waiver
shall:
(i) conduct tap water monitoring for
lead and copper:
(AA) in accordance with
subsection (d)(4)(D);
(BB) at the
reduced number of sampling sites specified in subsection (c); and
(CC) at least once every nine (9) years;
and
(ii) provide the
materials certification specified in subdivision (1) for both contaminants
along with the monitoring results.
A sample collected once every nine (9) years must be collected not later than every ninth calendar year.
(B) A system with a partial waiver
shall:
(i) conduct tap water monitoring for
the waived contaminant:
(AA) in accordance
with subsection (d)(4)(D);
(BB) at
the reduced number of sampling sites specified in subsection (c); and
(CC) at least once every nine (9) years;
and
(ii) provide the
materials certification specified in subdivision (1) pertaining to the waived
contaminant along with the monitoring results. A system with a partial waiver
must also continue to monitor for the nonwaived contaminant in accordance with
the requirements of subsection (d), as appropriate.
(C) Any water system with a full or partial
waiver must notify the commissioner in writing in accordance with section
46(a)(3) of this rule of any upcoming long-term change in treatment or addition
of a new source, as described in section 46(a)(3) of this rule. The
commissioner:
(i) shall review and approve
the addition of a:
(AA) new source;
or
(BB) long-term change in water
treatment;
before it is implemented by the water system; and
(ii) has the authority
to require the system to add or modify waiver conditions, if the modifications
are necessary to address treatment or source water changes at the system.
Conditions may include requiring:
(AA)
recertification that the system is free of lead-containing or copper-containing
materials, or both; and
(BB) an
additional round or rounds of monitoring.
(D) If a system with a full or partial waiver
becomes aware that it is no longer free of:
(i) lead-containing materials;
(ii) copper-containing materials;
or
(iii) both items (i) and (ii),
as appropriate;
as a result of new construction or repairs, the system shall notify the commissioner in writing not later than sixty (60) days after becoming aware of the change.
(5) If a system continues to satisfy the
requirements of subdivision (4), the waiver will be renewed automatically
unless any of the conditions for revocation listed in this subdivision occurs.
A system whose waiver has been revoked may reapply for a waiver at such time as
it again meets the appropriate materials and monitoring criteria of
subdivisions (1) and (2). The waiver may be revoked if any of the following
conditions occur:
(A) A system with a full
waiver or a lead wavier no longer satisfies the materials criteria of
subdivision (1)(A) or has a ninetieth percentile lead level greater than
five-thousandths (0.005) mg/L.
(B)
A system with a full waiver or a copper waiver no longer satisfies the
materials criteria of subdivision (1)(B) or has a ninetieth percentile copper
level greater than sixty-five hundredths (0.65) mg/L.
(C) The commissioner notifies the system, in
writing, that the waiver has been revoked, setting forth the basis of its
decision.
(6) A system
whose full or partial waiver has been revoked by the commissioner is subject to
the corrosion control treatment and lead and copper tap water monitoring
requirements as follows:
(A) If the system
exceeds the lead or copper action level, the system must implement corrosion
control treatment in accordance with:
(i) the
deadlines specified in section 40(e) of this rule; and
(ii) any other applicable requirements of:
(AA) section 36 of this rule;
(BB) this section; and
(CC) sections 38 through 47 of this
rule.
(B) If
the system meets both the lead and copper action levels, the system must
monitor for lead and copper at the tap not less frequently than once every
three (3) years using the reduced number of sample sites specified in
subsection (c).
Disclaimer: These regulations may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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