Current through Register Vol. 46, No. 39, September 25, 2024
(a)
Water systems that fail to meet the lead action level in tap samples collected
after installing corrosion control treatment and/or source water treatment
(whichever occurs later) shall replace lead service lines in accordance with
the requirements of this section. Water systems that fail to install optimal
corrosion control treatment in accordance with section
5-1.41(c)
of this Subpart or source water treatment in accordance with section
5-1.45(a)(2)
of this Subpart by the date(s) specified by the State may be required to begin
replacement of lead service lines.
(b)
Determining number of lead service
lines for replacement.
(1) A water
system shall replace annually at least seven percent 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 shall 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 materials evaluation, including the evaluation
required under section
5-1.42(a)
of this Subpart and relevant legal authorities (e.g.,
contracts, local ordinances) regarding the portion owned by the system. 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 in tap sampling referenced in subdivision (a) of this section. If
monitoring is required annually or less frequently, the end of the monitoring
period is September 30th of the calendar year in which the sampling occurs. If
an alternate monitoring period applies, then the end of the monitoring period
will be the last day of that period.
(2) A water system is not required to replace
an individual lead service line if the results of all samples representative of
water in the lead service line, collected in accordance with section
5-1.42(a)(2)(iii)
of this Subpart, are less than or equal to 0.015 mg/L.
(3) The total number of lines replaced,
either entirely or partially per subdivision (c) of this section, shall equal
at least seven percent of the initial number of lead lines identified under
paragraph (1) of this subdivision or the percentage specified by the State as
per subdivision (d) of this section.
(4) Any water system resuming a lead service
line replacement program after the cessation of its lead service line
replacement program as allowed by subdivision (f) of this section 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
subdivision (c) of this section. 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 shall be replaced per year (7-percent
lead service line replacement is based on a 15-year replacement program). For
those systems that have completed a 15-year lead service line replacement
program, the State will determine a schedule for replacing or re-testing lines
that were previously tested under the replacement program if the system
re-exceeds the action level.
(c) A water system shall replace the 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, 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
shall complete the following tasks:
(1) At
least 45 days prior to commencing with partial replacement of a lead service
line, the water system shall 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 State may allow the water
system to provide notice of less than 45 days prior to commencing partial lead
service line replacement, if such replacement is done in conjunction with
emergency repairs. In addition, the water system shall 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 in
section
5-1.42(a)(2)(iii)
of this Subpart, within 72 hours after the completion of the partial
replacement of the service line. The system shall 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 shall be considered on
time.
(2) The water system shall
provide the information required by paragraph (1) of this subdivision to the
residents of individual dwellings by mail or by other methods approved by the
State. In instances where multi-family dwellings are served by the service
line, the water system shall have the option to post the information at a
conspicuous location.
(d) The State shall require a system to
replace lead service lines on a shorter schedule than that required by this
section, taking into account the number of lead service lines in the system,
where a shorter replacement schedule is feasible. The State shall 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 results referenced in subdivision (a) of this section.
(e) Any water system may cease replacing lead
service lines whenever first draw tap water samples meet the lead action level
during each of two consecutive six-month monitoring periods. If subsequent
rounds of first draw tap water sampling exceed the lead action level the water
system shall recommence replacing lead service lines in accordance with
subdivision (b) of this section.
(f) To demonstrate compliance with
subdivisions (a) through (d) of this section, a system shall report to the
State the information specified and no later than the schedule described in
40 CFR
141.90(e).
