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. 43.
(a) Systems
that fail to meet the:
(1) lead action level
in tap samples taken under section 37(d)(2) of this rule, after installing:
(A) corrosion control treatment;
(B) source water treatment; or
(C) both clauses (A) and (B) (whichever
sampling occurs later);
shall replace lead service lines in accordance with the
requirements of this section; and
(2) requirements of section 40 or 42 of this
rule for failure to install source water or corrosion control treatment may be
required to commence lead service line replacement under this section after the
date has passed when the system was required to conduct monitoring under
section 37(d)(2) of this rule.
(b) The following requirements pertain to
lead service line replacement:
(1) A system
shall replace lead service lines according to the following:
(A) Annually, at least seven percent (7%) of
the initial number of lead service lines in its distribution system shall be
replaced, where the initial number of lead service lines is the number of lead
service lines in place at the time the replacement program begins.
(B) The system shall identify the initial
number of lead service lines in its distribution system, including an
identification of the portion or portions owned by the system; based upon:
(i) a materials evaluation, including the
evaluation required under section 37(a) of this rule; and
(ii) relevant legal authorities, for example,
to contracts and local ordinances, regarding the portion owned by the
system.
(C) 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
subsection (a). For monitoring periods that are annual or less frequent, the
end of the monitoring period is:
(i)
September 30 of the calendar year in which the sampling occurs; or
(ii) the last day of an alternate monitoring
period, if one is specified by the commissioner.
(2) A water system resuming a lead
service line replacement program after the cessation of its lead service line
replacement program as allowed by subsection (f) shall meet the following:
(A) The system 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 subsection
(c).
(B) After the update to its
inventory under clause (A), the system will 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. Seven percent
(7%) lead service line replacement is based on a fifteen (15) year replacement
program, for example, systems resuming lead service line replacement after
previously conducting two (2) years of replacement would divide the updated
inventory by thirteen (13).
(C) For
systems that have completed a fifteen (15) year replacement program, the
commissioner will determine, at the time the system reexceeds the lead action
level, a schedule for replacing or retesting lead lines that previously tested
so as not to require replacement.
(c) 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 under section 37(b)(3) of this rule, is less than
or equal to fifteen-thousandths (0.015) milligram per liter.
(d) 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 of the line 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 of the line 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:
(1) Notice to water users served by the
partially replaced lead service line shall meet the following:
(A) At least forty-five (45) days prior to
commencing with the partial replacement of a lead service line, the water
system shall provide notice to the resident or residents of all buildings
served by the line:
(i) explaining that water
users may experience a temporary increase of lead levels in their drinking
water; and
(ii) including guidance
on measures consumers can take to minimize their exposure to lead.
(B) If the partial replacement of
a lead service line is an emergency repair, the commissioner may allow the
water system to provide notice less than forty-five (45) days prior to
commencing the partial replacement of the lead service line.
(C) The water system shall:
(i) inform the resident or residents 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
section 37(b)(3) of this rule, within seventy-two (72) hours after the
completion of the partial replacement of the service line; and
(ii) report the results of the analysis to
the owner and the resident or residents served by the line within three (3)
business days of receiving the results. Mailed notices postmarked within three
(3) business days of receiving the result shall be considered on
time.
(2) The
water system shall provide the information required by this subsection to the
residents of individual dwellings by mail or other methods approved by the
commissioner. In instances where multifamily dwellings are served by the line,
the water system shall have the option to post the information at a conspicuous
location.
(e) The
commissioner may require a system to replace lead service lines on a shorter
schedule than that required by this section, taking into account:
(1) the number of lead service lines in the
system; and
(2) whether a shorter
replacement schedule is feasible.
The commissioner shall make this determination in writing and
notify the system of the determination within six (6) months after the system
is triggered into lead service line replacement based on monitoring referenced
in subsection (a).
(f) A system may cease replacing lead service
lines whenever:
(1) first draw samples
collected under section 37(d)(3) of this rule meet the lead action level during
each of two (2) consecutive monitoring periods; and
(2) the system submits the results required
under subdivision (1) to the commissioner.
If the lead tap samples in a water system that has ceased
replacing lead service lines thereafter exceeds the lead action level, the
system shall recommence replacing lead service lines under subsection
(b).
(g) To
demonstrate compliance with subsections (a) through (d), a system shall report
to the commissioner the information specified in section 46(e) of this
rule.
