Sec. 42.
(a) Systems
shall complete the applicable source water monitoring and treatment
requirements (described in the referenced portions of subsection (b) and in
sections 37 and 39 of this rule) by the following deadlines: STEP ONE: A system
exceeding the lead or copper action level shall:
(A) complete lead and copper source water
monitoring (as required by section 39(b) of this rule); and
(B) make a treatment recommendation to the
commissioner (as required by subsection (b)(1));
not later than one hundred eighty (180) days after the end of
the monitoring period during which the lead or copper action level was
exceeded.
STEP TWO: The commissioner shall make a determination
regarding source water treatment (as required by subsection (b)(2))
within six (6) months after submission of monitoring results
under STEP ONE.
STEP THREE: If the commissioner requires installation of
source water treatment, the system shall install the treatment (as required by
subsection (b)(3)) within twenty-four (24) months after completion of STEP
TWO.
STEP FOUR: The system shall complete follow-up:
(A) tap water monitoring (as required by
section 37(d)(2) of this rule); and
(B) source water monitoring (as required by
section 39(c) of this rule); within thirty-six (36) months after completion of
STEP TWO.
STEP FIVE: The commissioner shall:
(A) review the system's installation and
operation of source water treatment; and
(B) specify maximum permissible source water
levels (as required by subsection (b)(4)); within six (6) months after
completion of STEP FOUR.
STEP SIX: The system shall:
(A) operate in compliance with the maximum
permissible lead and copper source water levels (as required by subsection
(b)(4)) specified by the commissioner; and
(B) continue source water monitoring (as
required by section 39(d) of this rule).
(b) Description of source water treatment
requirements shall be as follows:
(1) Any
system that exceeds the lead or copper action level:
(A) shall recommend in writing to the
commissioner the installation and operation of one (1) of the source water
treatments listed in subdivision (2); or
(B) 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.
(2) The commissioner shall do the
following:
(A) 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.
(B) Determine based on information submitted
under clause (A) that treatment is needed, in which case, the commissioner
shall require the installation and operation of either of the following:
(i) The source water treatment recommended by
the system (if any).
(ii) Another
source water treatment from among the following:
(AA) Ion exchange.
(BB) Reverse osmosis.
(CC) Lime softening.
(DD) Coagulation/filtration.
(C) Request additional
information to aid in the review of:
(i)
information submitted under clause (A); or
(ii) the treatment recommended by the
commissioner under clause (B); in which case, the water system shall provide
the information by the date specified by the commissioner in the
request.
(D) Notify the
system in writing of the commissioner's determination on the designated source
water treatment and set forth the basis for the decision.
(3) Each system shall properly install and
operate the source water treatment designated by the commissioner under
subdivision (2).
(4) The
commissioner shall:
(A) review the source
water samples taken by the water system both before and after the system
installs source water treatment;
(B) determine whether the system has properly
installed and operated the source water treatment designated by the
commissioner;
(C) designate, based
on the review under clause (A), the maximum permissible lead and copper
concentrations for finished water entering the distribution system. The
concentrations shall reflect the contaminant removal capability of the
treatment properly operated and maintained; and
(D) notify the system in writing and explain
the basis for the commissioner's decision under this subdivision.
(5) A water system:
(A) shall maintain lead and copper levels
below the maximum permissible concentrations designated by the commissioner at
each sampling point monitored in accordance with section 39 of this rule;
and
(B) is out of compliance with
this subdivision if the level of lead or copper at any sampling point is
greater than the maximum permissible concentration designated by the
commissioner.
(6)
Modification of source water treatment may occur as follows:
(A) The commissioner may modify the
determination of the source water treatment under subdivision (2) or maximum
permissible lead and copper concentrations for finished water entering the
distribution system under subdivision (4) in response to the following:
(i) The commissioner's own
initiative.
(ii) A request by a
water system.
(iii) A request from
an interested person.
(B) A request for modification by a system or
other interested party shall:
(i) be in
writing;
(ii) explain why the
modification is appropriate; and
(iii) provide supporting
documentation.
(C) The
commissioner may modify the determination of source water treatment where the
commissioner:
(i) concludes that the change
is necessary to ensure that the system continues to minimize lead and copper
concentrations in source water; and
(ii) issues a revised determination that
shall:
(AA) be made in writing;
(BB) set forth the new treatment
requirements;
(CC) explain the
basis for the decision; and
(DD)
provide an implementation schedule for completing the treatment
modifications.