Current through September 17, 2024
007.01 Systems that
fail to meet the lead action level in tap samples taken pursuant to 179 NAC
12-009.04B, after
installing corrosion control and/or source water treatment (whichever sampling
occurs later), must replace lead service lines in accordance with the
requirements of 179 NAC 12-007. If a system is in violation of 179 NAC
12-004 or
12-006 for failure to install source
water or corrosion control treatment, the Director may require the system to
commence lead service line replacement under 179 NAC 12-007 after the date by
which the system was required to conduct monitoring under 179 NAC
12-009.04B has
passed.
007.02 Replacement Schedule
12-007.02A A water system must replace
annually at least 7% 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 must
identify the initial number of lead service lines in its distribution system,
including an identification of the portion(s) owned by the system, based on a
materials evaluation, including the evaluation required under 179 NAC 12 -
009.01 and relevant legal authorities ( e.g., contracts, local ordinances)
regarding the portion owned by the system. The first year of lead service line
replacement begins on the first day following the end of the monitoring period
in which the action level was exceeded under 17 9 NAC 12 - 007.01. 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 Director has established an alternate monitoring period, then the end of
the monitoring period will be the last day of that period.
12-007.02B Any water system resuming a lead
service line replacement program after the cessation of its lead service line
replacement program as allowed by 179 NAC 12-007.06 must update its inventory
of lead service lines to include those sites that were previously determined
not to require replacement through the sampling provision under 179 NAC
12-007.03. 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% 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 Director 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.
007.03 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 179 NAC
12-009.02C, is
less than or equal to 0.015 mg/L.
007.04 A water system must 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 must 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 must 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
must complete the following tasks:
1. At
least 45 days prior to commencing with the partial replacement of a lead
service line, the water system must 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 Director
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 must 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 179 NAC
12-009.02C,
within 72 hours after the completion of the partial replacement of the service
line. The system must 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 are considered "on time."
2. The water system must provide the
information required by 179 NAC 12-007.04 item 1 to the residents of individual
dwellings by mail or by other methods approved by the Director. In instances
where multi-family dwellings are served by the line, the water system must have
the option to post the information at a conspicuous location.
007.05 The Director will require a
system to replace lead service lines on a shorter schedule than that required
by 179 NAC 12-007, taking into account the number of lead service lines in the
system, where such a shorter replacement schedule is feasible. The Director
will make this determination in writing and notify the system of its finding
within six months after the system is triggered into lead service line
replacement based on monitoring referenced in 179 NAC 12-007.01.
007.06 Any system may cease re placing lead
service lines whenever first draw samples collected pursuant to 179 NAC
12-009.02B meet
the lead action level during each of two consecutive monitoring periods and the
system submits the results to the Director. If first draw tap samples collected
in any such water system thereafter exceed the lead action level, the system
must recommence replacing lead service lines, pursuant to 179 NAC
12-007.02B.
007.07 To demonstrate compliance with 179 NAC
12-007.01 through 12-007.04, a system must report to the Director the
information specified in 179 NAC 12-013.05.
