South Carolina Code of Regulations
Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Subchapter 61-58.11 - Control of Lead and Copper
Section 61-58.11.H - Monitoring Requirements for Lead and Copper in Tap Water
Universal Citation: SC Code Regs 61-58.11.H
Current through Register Vol. 48, No. 9, September 27, 2024
(1) Sample Site Location
(a) By the applicable date for commencement
of monitoring under paragraph (4)(a) of this section, each water system shall
identify a pool of targeted sampling sites based on the service line inventory
conducted in accordance with R.61-58.11.F(1),
that meet the requirements of this section, and which is sufficiently large
enough to ensure that the water system can collect the number of lead and
copper tap samples required in paragraph (3) of this section. Sampling sites
may not include sites with installed point-of-entry (POE) treatment devices and
taps used at sampling sites may not have point-of-use (POU) devices designed to
remove inorganic contaminants, except for water systems monitoring under
R.61-58.11.O(1)(c)(iv)
and water systems using these devices for the primary drinking water tap to
meet other primary and secondary drinking water standards and all service
connections have POEs or POUs to provide localized treatment for compliance
with the other drinking water standards. Lead and copper sampling results for
systems monitoring under R.61-58.11.O(1)(c)(iv)
may not be used for the purposes of meeting the criteria for reduced monitoring
specified in paragraph (4)(d) of this section.
(b) A water system must use the information
on lead, copper, and galvanized iron or steel that it is required to be
identified under R.61-58.5.V when conducting a
materials evaluation and the information on lead service lines that is required
to be collected under R.61-58.11.F(1) to
identify potential lead service line sampling sites.
(c) The sampling sites selected for a
community water system's sampling pool must consist of single-family structures
that are served by a lead service line ("Tier 1 sampling sites''). When
multiple-family residences comprise at least twenty percent (20%) of the
structures served by the water system, the system may include these types of
structures in its Tier 1 sampling pool, if served by a lead service line. Sites
with lead status unknown service lines must not be used as Tier 1 sampling
sites.
(d) A community water system
with insufficient Tier 1 sampling sites must complete its sampling pool with
"Tier 2 sampling sites,'' consisting of buildings, including multiple-family
residences that are served by a lead service line. Sites with lead status
unknown service lines must not be used as Tier 2 sampling sites.
(e) A community water system with
insufficient Tier 1 and Tier 2 sampling sites must complete its sampling pool
with "Tier 3 sampling sites,'' consisting of single-family structures that
contain galvanized lines identified as being downstream of a lead service line
(LSL) currently or in the past, or known to be downstream of a lead gooseneck,
pigtail, or connector. Sites with lead status unknown service lines must not be
used as Tier 3 sampling sites.
(f)
A community water system with insufficient Tier 1, Tier 2, and Tier 3 sampling
sites must complete its sampling pool with "Tier 4 sampling sites,'' consisting
of single-family structures that contain copper pipes with lead solder
installed before the effective date of the state's applicable lead ban. Sites
with lead status unknown service lines must not be used as Tier 4 sampling
sites.
(g) A community water system
with insufficient Tier 1, Tier 2, Tier 3, and Tier 4 sampling sites must
complete its sampling pool with "Tier 5 sampling sites,'' consisting of
single-family structures or buildings, including multiple family residences
that are representative of sites throughout the distribution system. For the
purpose of this paragraph (1)(g), 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. Water systems may use non-residential buildings
that are representative of sites throughout the distribution system if and only
if there are an insufficient number of single-family or multiple family
residential Tier 5 sites available.
(h) The sampling sites selected for a
non-transient, non-community water system must consist of sites that are served
by a lead service line ("Tier 1 sampling sites''). Sites with lead status
unknown service lines must not be used as Tier 1 sampling sites.
(i) A non-transient, non-community water
system with insufficient Tier 1 sites complete its sampling pool with "Tier 3
sampling sites,'' consisting of sampling sites that contain galvanized lines
identified as being downstream of an LSL currently or in the past, or known to
be downstream of a lead gooseneck, pigtail, or connector. Sites with lead
status unknown service lines must not be used as Tier 3 sampling
sites.
(j) A non-transient,
non-community water system with insufficient Tier 1 and Tier 3 sampling sites
must complete its sampling pool with "Tier 5 sampling sites,'' consisting of
sampling sites that are representative of sites throughout the distribution
system. For the purpose of this paragraph (1)(j), 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.
(k) A water system whose distribution system
contains lead service lines must collect all samples for monitoring under this
section from sites served by a lead service line. A water system that cannot
identify a sufficient number of sampling sites served by lead service lines
must still collect samples from every site served by a lead service line, and
collect the remaining samples in accordance with tiering requirements under
paragraphs (1)(e) through (g) or paragraphs (1)(i) through (j) of this
section.
(2) Sample Collection Methods
(a) All tap samples for
lead and copper collected in accordance with this section, with the exception
of fifth liter samples collected under paragraph (2)(c) of this section, and
samples collected under paragraphs (2)(e) and (8) of this section, must be
first-draw samples. The first-draw sample shall be analyzed for lead and copper
in tap sampling periods where both contaminants are required to be monitored.
In tap sampling periods where only lead is required to be monitored, the
first-draw sample may be analyzed for lead only.
(b) Each first-draw tap sample for lead and
copper shall be one liter (1 L) in volume and have stood motionless in the
plumbing system of each sampling site for at least six (6) hours. Bottles used
to collect first-draw samples must be wide-mouth one-liter sample bottles.
First-draw samples from residential housing must be collected from the cold
water kitchen or bathroom sink tap. First-draw samples from a nonresidential
building shall be one liter in volume and collected at a tap from which water
is typically drawn for consumption. Department-approved non-first-draw samples
collected in lieu of first-draw samples pursuant to paragraph (2)(e) of this
section must be one liter (1 L) in volume and must be collected at an interior
tap from which water is typically drawn for consumption. First-draw samples may
be collected by the system or the system may allow residents to collect
first-draw samples after instructing the residents of the sampling procedures
specified in this paragraph (2)(b). Sampling instructions provided to residents
must not include instructions for aerator removal and cleaning or flushing of
taps prior to the start of the minimum six (6)-hour stagnation period. 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 approved EPA 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.
(c)
(i) All tap samples for copper collected at
sites with a lead service line shall be the first-draw sample collected using
the procedure listed in this paragraph (2)(c). Tap samples for copper are
required to be collected and analyzed only in monitoring periods for which
copper monitoring is required.
(ii)
Systems must collect tap water in five (5) consecutively numbered one-liter (1
L) sample bottles after the water has stood motionless in the plumbing of each
sampling site for at least six (6) hours without flushing the tap prior to
sample collection. Systems must analyze first-draw samples for copper, when
applicable, and fifth liter samples for lead. Bottles used to collect these
samples must be wide-mouth one-liter (1 L) sample bottles. Systems must collect
first-draw samples in the first sample bottle with each subsequently numbered
bottle being filled until the final bottle is filled with the water running
constantly during sample collection. Fifth liter sample is the final sample
collected in this sequence. System must collect first-draw and fifth liter
samples from residential housing from the cold water kitchen or bathroom sink
tap. First-draw and fifth liter samples from a nonresidential building must be
one liter (1 L) in volume and collected at an interior cold water tap from
which water is typically drawn for consumption. First-draw and fifth liter
samples may be collected by the system or the system may allow residents to
collect first-draw samples and fifth liter samples after instructing the
residents on the sampling procedures specified in this paragraph (2)(c)(ii).
Sampling instructions provided to customers must not direct the customer to
remove the aerator or clean or flush the taps prior to the start of the minimum
six (6)-hour stagnation period. To avoid problems of residents handling nitric
acid, the system may acidify first-draw samples 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
approved EPA 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.
(d) A water system must collect
each first-draw tap sample from the same sampling site from which it collected
the previous sample. A water system must collect each fifth liter sample from
the same sampling site from which it collected the previous sample. If, for
reasons beyond the control of the water system, the water system cannot gain
entry to a sampling site in order to collect a follow-up tap sample, the system
may collect the follow-up tap sample from another sampling site in its sampling
pool as long as the new site meets the same targeting criteria, and is within
reasonable proximity of the original site.
(e) A non-transient, non-community water
system, or a community water system that meets the criteria of R.61-58.11.G(2)(g),
that does not have enough taps that can supply first-draw samples or fifth
liter samples meeting the six (6)-hour minimum stagnation time, as defined in
R.61-58(B), may
apply to the Department in writing to substitute non-first-draw samples,
first-draw, or fifth liter samples that do not meet the six (6)-hour minimum
stagnation time. Such systems must collect as many first-draw or fifth liter
samples from interior taps typically used for consumption as possible and must
identify sampling times and locations that would likely result in the longest
standing time for the remaining sites. The Department has the discretion to
waive the requirement for prior Department approval of sites not meeting the
six (6)-hour stagnation time either through State regulation or written
notification to the system.
(3) Number of Samples - Water systems shall collect at least one (1) sample during each monitoring period specified in paragraph (4) of this section from the number of sites listed in the first column ("standard monitoring") of the table in this paragraph. A system conducting reduced monitoring under paragraph (4)(d) of this section shall collect at least one (1) sample from the number of sites specified in the second column ("reduced monitoring") of the table in this paragraph during each monitoring period specified in paragraph (4)(d) of this section. Such reduced monitoring sites shall be representative of the sites required for standard monitoring. A public water system that has fewer than five drinking water taps, that can be used for human consumption meeting the sample site criteria of paragraph (1) of this section to reach the required number of sample sites listed in paragraph (3) of this section, must collect at least one sample from each tap and then must collect additional samples from those taps on different days during the monitoring period to meet the required number of sites. Alternatively, the Department may allow these public water systems to collect a number of samples less than the number of sites specified in paragraph (3) of this section, provided that one hundred (100) percent of all taps that can be used for human consumption are sampled. The Department must approve this reduction of the minimum number of samples in writing based on a request from the system or onsite verification by the Department. The Department may specify sampling locations when a system is conducting reduced monitoring. The table is as follows:
|
System Size (# People Served) |
# of Sites (Standard Monitoring) |
# 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 |
|
<= 100 |
5 |
5 |
(4) Timing of Monitoring
(a) Standard monitoring.
Standard monitoring is a six (6)-month tap sampling monitoring period that
begins on January 1 or July 1 of the year in which the water system is
monitoring at the standard number of sites in accordance to paragraph (3) of
this section.
(i) All water systems with lead
service lines, including those deemed optimized under R.61-58.11.C(2)(c),
and systems that did not conduct monitoring that meets all requirements of this
section (e.g., sites selected in accordance with paragraph (1) of this section,
samples collected in accordance with paragraph (2) of this section, etc.)
between January 15, 2021, and January 16, 2024, must begin the first standard
monitoring period on January 1 or July 1 in the year following the January 16,
2024, whichever is sooner. Upon completion of this monitoring, systems must
monitor in accordance with paragraph (4)(a)(ii) of this section.
(ii) Systems that conducted monitoring that
meet all requirements of this section (e.g., sites selected in accordance with
paragraph (1) of this section, samples collected in accordance with paragraph
(2) of this section, etc.) between January 15, 2021, and January 16, 2024, and
systems that have completed monitoring under paragraph (4)(a)(i) of this
section, must continue monitoring as follows:
(A) Systems that do not meet the criteria
under paragraph (4)(d) of the section must conduct standard
monitoring.
(B) Systems that meet
the criteria under paragraph (4)(d) of this section must continue to monitor in
accordance with the criteria in paragraph (4)(d).
(C) Any system monitoring at a reduced
frequency in accordance with paragraph (4)(d) of this section that exceeds an
action level must resume standard monitoring beginning January 1 of the
calendar year following the tap sampling monitoring period in which the system
exceeded the action level. Any such system must also monitor in accordance with
R.61-58.11.I(2), (3), or
(4) as applicable.
(D) Any system monitoring at a reduced
frequency that exceeds the lead trigger level but meets the copper action level
must not monitor any less frequently than annually and must collect samples
from the standard number of sites as established in paragraph (3) of this
section. This monitoring must begin the calendar year following the tap
sampling monitoring period in which the system exceeded the action level. Any
such system must also monitor in accordance with R.61-58.11.I(2), (3),
or (4) as applicable.
(E) Any system that fails to operate at or
above the minimum value or within the range of values for the water quality
parameters specified by the Department under R.61-58.11.D(6) for
more than nine (9) days in any monitoring period specified in R.61-58.11.I must conduct standard
tap water monitoring and must resume sampling for water quality parameters in
accordance with R.61-58.11.I(4).
This standard monitoring must begin no later than the six (6)-month period
beginning January 1 of the calendar year following the water quality parameter
excursion.
(F) Any water system
that becomes a large water system without corrosion control treatment or any
large water system without corrosion control treatment whose lead
90th percentile exceeds the lead practical
quantitation level must conduct standard monitoring for at least two (2)
consecutive six (6)-month tap sampling monitoring periods and then must
continue monitoring in accordance with this paragraph (4)(a)(ii)(F).
(b) Monitoring After
Installation of Initial or Re-Optimized Corrosion Control Treatment and
Addition of New Source or Change in Treatment
(i) Any water system that installs or
re-optimizes corrosion control treatment, as a result of exceeding the lead or
copper action level, must monitor for lead and copper every six (6) months and
comply with previously designated water quality parameter values, where
applicable, until the Department specifies new water quality parameter values
for optimal corrosion control.
(ii)
Any water system that reoptimizes corrosion control treatment as a result of
exceeding the lead trigger level but has not exceeded the lead or copper action
level must monitor annually for lead at the standard number of sites listed in
paragraph (3) of this section. Samples shall be analyzed for copper on a
triennial basis. Small and medium-size systems that do not exceed the lead
trigger level in three (3) annual monitoring periods may reduce lead monitoring
in accordance with paragraph (4)(d) of this section.
(iii) Any water system that installs source
water treatment pursuant to R.61-58.11.E(1)(c)
must monitor every six (6) months until the system at or below lead and copper
action levels for two (2) consecutive six (6)-month monitoring periods. Systems
that do not exceed the lead or copper action level for two (2) consecutive six
(6)-month monitoring periods may reduce monitoring in accordance with paragraph
(4)(d) of this section.
(iv) If a
water system has notified the Department in writing in accordance with
R.61-58.11.L(1)(c)
of an upcoming addition of a new source or long-term change in treatment, the
water system shall monitor every six (6) months at the standard number of sites
listed under paragraph (3) of this section until the system is at or below the
lead and copper action levels for two (2) consecutive six (6)-month monitoring
periods, unless the Department determines that the addition of the new source
or long-term change in treatment is not significant and, therefore, does not
warrant more frequent monitoring. Systems that do not exceed the lead and
copper action levels, and/or the lead trigger level for two (2) consecutive six
(6)-month monitoring periods may reduce monitoring in accordance with paragraph
(4)(d) of this section.
(c) Monitoring After the Department Specifies
Water Quality Parameter Values for Optimal Corrosion Control Treatment
(i) After the Department specifies the values
for water quality control parameters under R.61-58.11.D(6),
the system must conduct standard six (6)-month monitoring for two (2)
consecutive six (6)-month tap sampling monitoring periods. Systems may then
reduce monitoring in accordance with paragraph (4)(d) of this section as
applicable, following a Department determination that reduced monitoring is
approved.
(ii) Systems required to
complete the re-optimization steps in R.61-58.11.C(4) due
to the exceedance of the lead trigger level that do not exceed the lead and
copper action levels must monitor for two (2) consecutive six (6)-month tap
sampling monitoring periods. Systems may then reduce monitoring in accordance
with paragraph (4)(d) of this section as applicable following a Department
determination that reduced monitoring is approved.
(d) Reduced Monitoring Based on
90th Percentile Levels
Reduced monitoring refers to an annual or triennial tap sampling monitoring period. The reduced monitoring frequency is based on the 90th percentile value for the water system.
(i) A water system that meets the criteria
for reduced monitoring under paragraph (4)(d) of this section must collect
these samples from sampling sites identified in paragraph (1) of this section.
Systems monitoring annually or less frequently must conduct the lead and copper
tap sampling during the months of June, July, August, or September unless the
Department has approved a different sampling period in accordance with
paragraph (4)(d)(i)(A) of this section.
(A)
The Department, at its discretion, may approve a different tap sampling period
for conducting the lead and copper tap sampling for systems collecting samples
at a reduced frequency. Such a period must be no longer than four (4)
consecutive months, within one (1) calendar year, and must represent a time of
normal operation where the highest levels of lead are most likely to occur. For
a non-transient, non-community water system that does not operate during the
months of June through September and for which the period of normal operation
where the highest levels of lead are most likely to occur is not known, the
Department must designate a period that represents normal operation for the
system. This monitoring must begin during the period approved or designated by
the Department in the calendar year immediately following the end of the second
six (6)-month monitoring period for systems initiating annual monitoring and
during the three (3)-year period following the end of the third consecutive
year of annual monitoring for systems initiating triennial
monitoring.
(B) Systems monitoring
annually that have been collecting samples during the months of June through
September and that receive Department approval to alter their tap sampling
monitoring period under paragraph (4)(d)(i)(A) of this section must collect
their next round of samples during a time period that ends no later than
twenty-one (21) months after the previous round of sampling. Systems monitoring
triennially that have been collecting samples during the month of June through
September and receive Department approval to alter their sampling collection
period as per paragraph (4)(d)(i)(A) of this section must collect their next
round of samples during a time period that ends no later than forty-five (45)
months after the previous tap sampling period. Subsequent monitoring must be
conducted annually or triennially, as required by this section.
(C) Small systems with waivers granted
pursuant to paragraph (7) of this section that have been collecting samples
during the months of June through September and receive Department approval to
alter their tap sampling period as per paragraph (4)(d)(i)(A) of this section
must collect their next round of samples before the end of the nine (9)-year
period.
(ii) Any water
system that meets the lead trigger level and the copper action level, during
each of two (2) consecutive six (6)-month tap sampling monitoring periods may
reduce the monitoring frequency to annual monitoring and must sample at the
standard number of sampling sites for lead and the reduced number of sites for
copper in accordance with paragraph (3) of this section. Systems operating
under optimal corrosion control treatment (OCCT) must also have maintained the
range of optimal water quality parameters (OWQPs) set by the Department in
accordance with R.61-58.11.D(6) for
the same period and receive a written determination from the Department
approving annual monitoring based on the Department's review of monitoring,
treatment, and other relevant information submitted by the system as required
by R.61-58.11.L. This sampling must
begin no later than the calendar year immediately following the last calendar
year in which the system sampled.
(iii) Any water system that exceeds the lead
trigger level but not the lead and copper action levels during two (2)
consecutive six (6)-month tap sampling monitoring periods must monitor no less
frequently than annually at the standard number of sampling sites for lead and
copper specified in paragraph (3) of this section. Systems operating OCCT must
also have maintained the range of OWQPs set by the Department in accordance
with R.61-58.11.D(6) for
the same period of six (6)-month monitoring and receive a written determination
from the Department approving annual monitoring based on the Department's
review of monitoring, treatment, and other relevant information submitted by
the system as required by R.61-58.11.L. This
sampling must begin no later than the calendar year immediately following the
last calendar year in which the system sampled.
(iv) Any water system that exceeds the lead
trigger level but not the lead and copper action levels during three (3)
consecutive years of monitoring may reduce the tap sampling monitoring period
for copper to once every three (3) years; however, the system may not reduce
the tap sampling monitoring period for lead. Systems operating OCCT must also
maintain the range of OWQPs set by the Department in accordance with
R.61-58.11.D(6) and
receive a written determination from the Department approving triennial
monitoring based on the Department's review of monitoring, treatment, and other
relevant information submitted by the system as required by R.61-58.11.L. This sampling must
begin no later than the third calendar year immediately following the last
calendar year in which the system sampled.
(v) Any small or medium-size system that does
not exceed the lead trigger level and the copper action level during three (3)
consecutive years of monitoring (standard monitoring completed during both six
(6)-month periods of a calendar year shall be considered one (1) year of
monitoring) may sample at the reduced number of sites for lead and copper in
accordance with paragraph (3) of this section and reduce the monitoring
frequency to triennial monitoring. Systems operating OCCT must also have
maintained the range of OWQPs set by the Department in accordance with
R.61-58.11.D(6) for
the same three (3)-year period and receive a written determination from the
Department approving triennial monitoring based on the Department's review of
monitoring, treatment, and other relevant information submitted by the system
as required by R.61-58.11.L. This sampling must
begin no later than three (3) calendar years after the last calendar year in
which the system sampled.
(vi) Any
water system that demonstrates for two (2) consecutive six (6)- month
monitoring periods that its 90th percentile lead
level, calculated under R.61-58.11.B(3)(d),
is less than or equal to 0.005 mg/L and the 90th
percentile copper level, calculated under R.61-58.11.B(3)(d),
is less than or equal to 0.65 mg/L may sample at the reduced number of sites
for lead and copper in accordance with paragraph (3) of this section and reduce
the frequency of monitoring to triennial monitoring. For water systems with
corrosion control treatment, the system must maintain the range of values for
the water quality parameters reflecting OCCT specified by the Department under
R.61-58.11.D(6) to
qualify for reduced monitoring pursuant to this paragraph (4)(d)(vi).
(5) Additional Monitoring by Systems - The results of any monitoring conducted in addition to the minimum requirements of this section (such as customer-requested sampling) shall be considered by the water system and the Department in making any determinations (i.e., calculating the 90th percentile lead or copper level) under this section. Water systems with lead service lines that are unable to collect the minimum number of samples from Tier 1 or Tier 2 sites shall calculate the 90th percentile using data from all the lead service line sites and the highest lead and copper values from lower tier sites to meet the specified minimum number of samples. Systems must submit data from additional Tier 3, Tier 4, or Tier 5 sites to the Department but may not use these results in the 90th percentile calculation. Water systems must include customer-requested samples from known lead service line sites in the 90th percentile calculation if the samples meet the requirements of this section.
(6) Invalidation of Lead and Copper Tap Samples used in the Calculation of the 90th Percentile. A sample invalidated under this paragraph (6) does not count toward determining lead or copper 90th percentile levels under R.61-58.11.B(1)(c), or toward meeting the minimum monitoring requirements of paragraph (3) of this section.
(a) The Department may invalidate a
lead or copper tap water sample at least if one of the following conditions is
met.
(i) The laboratory establishes that
improper sample analysis caused erroneous results.
(ii) The Department determines that the
sample was taken from a site that did not meet the site selection criteria of
this section.
(iii) The sample
container was damaged in transit.
(iv) There is substantial reason to believe
that the sample was subject to tampering.
(b) The system must report the results of all
samples to the Department and all supporting documentation for samples the
system believes should be invalidated.
(c) To invalidate a sample under paragraph
(6)(a) of this section, the decision and the rationale for the decision must be
documented in writing. The Department may not invalidate a sample solely on the
grounds that a follow-up sample result is higher or lower than that of the
original sample.
(d) The water
system must collect replacement samples for any samples invalidated under this
section if, after the invalidation of one or more samples, the system has too
few samples to meet the minimum requirements of paragraph (3) of this section.
Any such replacement samples must be taken as soon as possible, but no later
than 20 days after the date the Department invalidates the sample or by the end
of the applicable monitoring period, whichever occurs later. 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.
The replacement samples shall be taken at the same locations as the invalidated
samples or, if that is not possible, at locations other than those already used
for sampling during the monitoring period.
(7) Monitoring Waivers for Systems Serving 3,300 or Fewer Persons.
Any water system serving 3,300 or fewer persons that meets the criteria of this paragraph (7) may apply to the Department to reduce the frequency of monitoring for lead and copper under this section to once every nine (9) years (i.e., a "full waiver'') if it meets all of the materials criteria specified in paragraph (7)(a) of this section and all of the monitoring criteria specified in paragraph (7)(b) of this section. If state regulations permit, any water system serving 3,300 or fewer persons that meets the criteria in paragraphs (7)(a) and (b) of this section only for lead, or only for copper, may apply to the Department for a waiver to reduce the frequency of tap water monitoring to once every nine (9) years for that contaminant only (i.e., a "partial waiver'').
(a) Materials criteria. The system must
demonstrate that its distribution system and 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
materials and/or copper-containing materials, as those terms are defined in
this paragraph, as follows:
(i) Lead. To
qualify for a full waiver, or a waiver of the tap water monitoring requirements
for lead (i.e., a "lead waiver"), the water system must provide certification
and supporting documentation to the Department that the system is free of all
lead-containing materials, as follows:
(A) It
contains no plastic pipes which contain lead plasticizers, or plastic service
lines which contain lead plasticizers; and
(B) It is free of lead service lines, lead
pipes, lead soldered pipe joints, and leaded brass or bronze alloy fittings and
fixtures, unless such fittings and fixtures meet the specifications of any
standard established pursuant to
42 U.S.C.
300g-6(e) (SDWA section
1417(e)).
(ii) Copper. To qualify for a full
waiver, or a waiver of the tap water monitoring requirements for copper (i.e.,
a "copper waiver"), the water system must provide certification and supporting
documentation to the Department that the system contains no copper pipes or
copper service lines.
(b) Monitoring criteria for waiver issuance.
The system must have completed at least one 6-month round of standard tap water
monitoring for lead and copper at sites approved by the Department and from the
number of sites required by paragraph (3) of this section and demonstrate that
the 90th percentile levels for any and all rounds of monitoring conducted since
the system became free of all lead-containing and/or copper-containing
materials, as appropriate, meet the following criteria.
(i) Lead levels. To qualify for a full
waiver, or a lead waiver, the system must demonstrate that the 90th percentile
lead level does not exceed 0.005 mg/L.
(ii) Copper levels. To qualify for a full
waiver, or a copper waiver, the system must demonstrate that the 90th
percentile copper level does not exceed 0.65 mg/L.
(c) Department approval of waiver
application. The Department shall notify the system of its waiver
determination, in writing, setting forth the basis of its decision and any
condition of the waiver. As a condition of the waiver, the Department may
require the system to perform specific activities (e.g., limited monitoring,
periodic outreach to customers to remind them to avoid installation of
materials that might void the waiver) to avoid the risk of lead or copper
concentration of concern in tap water. The small system must continue
monitoring for lead and copper at the tap as required by paragraphs (4)(a)
through (4)(d) of this section, as appropriate, until it receives written
notification from the Department that the waiver has been approved.
(d) Monitoring frequency for systems with
waivers.
(i) A system with a full waiver must
conduct tap water monitoring for lead and copper in accordance with paragraph
(4)(d)(iv) of this section at the reduced number of sampling sites identified
in paragraph (3) of this section at least once every nine (9) years and provide
the materials certification specified in paragraph (7)(a) of this section for
both lead and copper to the Department along with the monitoring results.
Samples collected every nine (9) years shall be collected no later than every
ninth calendar year.
(ii) A system
with a partial waiver must conduct tap water monitoring for the waived
contaminant in accordance with paragraph (4)(d)(iv) of this section at the
reduced number of sampling sites specified in paragraph (3) of this section at
least once every nine (9) years and provide the materials certification
specified in paragraph (7)(a) of this section pertaining to the waived
contaminant along with the monitoring results. Such a system also must continue
to monitor for the non- waived contaminant in accordance with requirements of
paragraph (4)(a) through (4)(d) of this section, as appropriate.
(iii) Any water system with a full or partial
waiver shall notify the Department in writing in accordance with
R.61-58.11.L(1)(c)
of any upcoming long-term change in treatment or addition of a new source, as
described in that section. The Department must review and approve the addition
of a new source or long-term change in water treatment before it is implemented
by the water system. The Department has the authority to require the system to
add or modify waiver conditions (e.g., require recertification that the system
is free of lead-containing and/or copper-containing materials, require
additional round(s) of monitoring), if it deems such modifications are
necessary to address treatment or source water changes at the system.
(iv) If a system with a full or partial
waiver becomes aware that it is no longer free of lead-containing or
copper-containing materials, as appropriate, (e.g., as a result of new
construction or repairs), the system shall notify the Department in writing no
later than sixty (60) days after becoming aware of such a change.
(e) Continued eligibility. If the
system continues to satisfy the requirements of paragraph (7)(d) of this
section, the waiver will be renewed automatically, unless any of the conditions
listed in paragraph (7)(e)(i) through (7)(e)(iii) of this section occurs. A
system whose waiver has been revoked may re-apply for a waiver at such time as
it again meets the appropriate materials and monitoring criteria of paragraphs
(7)(a) and (7)(b) of this section.
(i) A
system with a full waiver or a lead waiver no longer satisfies the materials
criteria of paragraph (7)(a)(i) of this section or has a 90th percentile lead
level greater than 0.005 mg/L.
(ii)
A system with a full waiver or a copper waiver no longer satisfies the
materials criteria of paragraph (7)(a)(ii) of this section or has a 90th
percentile copper level greater than 0.65 mg/L.
(iii) The Department notifies the system, in
writing, that the waiver has been revoked, setting forth the basis of its
decision.
(f)
Requirements following waiver revocation. A system whose full or partial waiver
has been revoked by the Department is subject to the corrosion control
treatment and lead and copper tap water monitoring requirements, as follows:
(i) If the system exceeds the lead and/or
copper action level, the system must implement corrosion control treatment in
accordance with the deadlines specified in R.61-58.11.C(5),
and any other applicable requirements of this section.
(ii) If the system meets both the lead and
the copper action level, the system must monitor for lead and copper at the tap
no less frequently than once every three years using the reduced number of
sample sites specified in paragraph (3) of this section.
(g) Pre-existing waivers. Small system
waivers approved by the Department in writing prior to April 11, 2000 shall
remain in effect under the following conditions:
(i) If the system has demonstrated that it is
both free of lead-containing and copper-containing materials, as required by
paragraph (7)(a) of this section and that its 90th percentile lead levels and
90th percentile copper levels meet the criteria of paragraph (7)(b) of this
section, the waiver remains in effect so long as the system continues to meet
the waiver eligibility criteria of paragraph (7)(e) of this section. The first
round of tap water monitoring conducted pursuant to paragraph (7)(d) of this
section shall be completed no later than nine years after the last time the
system has monitored for lead and copper at the tap.
(ii) If the system has met the materials
criteria of paragraph (7)(a) of this section but has not met the monitoring
criteria of paragraph (7)(b) of this section, the system shall conduct a round
of monitoring for lead and copper at the tap demonstrating that it meets the
criteria of paragraph (7)(b) of this section no later than September 30, 2000.
Thereafter, the waiver shall remain in effect as long as the system meets the
continued eligibility criteria of paragraph (7)(e) of this section. The first
round of tap water monitoring conducted pursuant to paragraph (7)(d) of this
section shall be completed no later than nine (9) years after the round of
monitoring conducted pursuant to paragraph (7)(b) of this section.
(8) Follow-up Samples for "Find-and-fix'' under R.61-58.11.D(10).
Systems shall collect a follow-up sample at any site that exceeds the action level within thirty (30) days of receiving the sample results. These follow-up samples may use different sample volumes or different sample collection procedures to assess the source of elevated lead. Systems shall submit samples collected under this section to the Department but shall not include such samples in the 90th percentile calculation.
(9) Public Availability of Tap Monitoring Results used in the 90th Percentile Calculation.
All water systems must make available to the public the results of compliance tap water monitoring data, including data used in the 90th percentile calculation under R.61-58.11.B(3)(d), within sixty (60) days of the end of the applicable tap sampling period. Nothing in this section requires water systems to make publicly available the addresses of the sites where the tap samples were collected. Large systems shall make available the monitoring results in a digital format. Small and medium-size systems shall make available the monitoring results in either a written or digital format. Water systems shall retain tap sampling monitoring data in accordance with recordkeeping requirements under R.61-58.11.M.
Disclaimer: These regulations may not be the most recent version. South Carolina 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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