Current through Register Vol. 48, No. 9, September 27, 2024
The compliance alternatives described in this section apply to
small community water systems serving 10,000 or fewer persons and all
non-transient, non-community water systems. Small community water systems and
non-transient, non-community water systems with corrosion control treatment in
place must continue to operate and maintain optimal corrosion control treatment
(OCCT) until the Department determines, in writing, that it is no longer
necessary, and meet any requirements that the Department determines to be
appropriate before implementing a Department-approved compliance option
described in this section.
(1) A small
community water system and non-transient, non-community water systems that
exceeds the lead trigger level but does not exceed the lead and copper action
levels must collect water quality parameters in accordance with R.61-58.11.I(2) and
evaluate compliance options in paragraphs (1)(a) through (d) of this section
and make a compliance option recommendation to the Department within six (6)
months of the end of the tap sampling period in which the exceedance occurred.
The Department must approve the recommendation or designate an alternative from
compliance options in paragraphs (1)(a) through (d) of this section within six
(6) months of the recommendation by the water system. If the water system
subsequently exceeds the lead action level it must implement the approved
compliance option as specified in paragraph (2) of this section. Water systems
must select from the following compliance options:
(a) Lead service line replacement
A water system must implement a full lead service line
replacement program on a schedule approved by the Department but not to exceed
fifteen (15) years. A water system must begin lead service line replacement
within one (1) year after the Department's approval or designation of the
compliance option.
(i) Lead service
line replacement must be conducted in accordance with the requirements of
R.61-58.11.F(5) and (7)(d), (h), and
(i).
(ii) A water system must continue lead
service line replacement even if the system's 90th
percentile lead level is at or below the action level in future tap sampling
monitoring periods.
(iii) A water
system must have no lead service lines, galvanized service lines requiring
replacement, or "Lead status unknown'' service lines in its inventory by the
end of its lead service line replacement program.
(b) Corrosion control treatment
A water system must install and maintain optimal corrosion
control treatment in accordance with R.61-58.11.C and R.61-58.11.D, even if its
90th percentile is at or below the action level in
future tap sampling monitoring periods. Any water system that has corrosion
control treatment installed must re-optimize its corrosion control treatment in
accordance with R.61-58.11.C(4).
Water systems required by the Department to optimize or re-optimize corrosion
control treatment must follow the schedules in R.61-58.11.C(4) or
(5), beginning with Step 3 in paragraph (4)(c) or (5)(c) of R.61-58.11.C unless the Department
specifies optimal corrosion control treatment pursuant to either
R.61-58.11.C(4)(b)(ii) or (5)(b)(i) or
(ii), as applicable.
(c) Point-of-use devices
A water system must install, maintain, and monitor POU devices
in each household or building even if its 90th
percentile is at or below the action level in future tap sampling monitoring
periods.
(i) Location Requirements
(A) A community water system must install a
minimum of one (1) POU device (at one (1) tap) in every household and at every
tap that is used for cooking and/or drinking in every non-residential building
in its distribution system on a schedule specified by the Department, but not
to exceed one (1) year.
(B) A
non-transient, non-community water system must provide a POU device to every
tap that is used for cooking and/or drinking on a schedule specified by the
Department, but not to exceed three (3) months.
(ii) The POU device must be independently
certified by a third party to meet the American National Standards Institute
standard applicable to the specific type of POU unit to reduce lead in drinking
water.
(iii) The POU device must be
maintained by the water system according to manufacturer's recommendations to
ensure continued effective filtration, including, but not limited to, changing
filter cartridges and resolving any operational issues. The POU device must be
equipped with mechanical warnings to ensure that customers are automatically
notified of operational problems. The water system shall provide documentation
to the Department to certify maintenance of the POU devices, unless the
Department waives this requirement, in accordance with R.61-58.11.L(10)(a).
(iv) The water system must monitor one-third
of the POU devices each year and all POU devices must be monitored within a
three (3)-year cycle. First-draw tap samples collected under this section must
be taken after water passes through the POU device to assess its performance.
Samples must be one-liter (1 L) in volume and have had a minimum six (6)-hour
stagnation time. All samples must be at or below the lead trigger level. The
water systems must report the results from the tap sampling no later than ten
(10) days after the end of the tap sampling monitoring period in accordance
with R.61-58.11.L(10)(a).
The system must document the problem and take corrective action at any site
where the sample result exceeds the lead trigger level. If the trigger level is
exceeded, the water system must reach out to the homeowner and/or building
management no later than twenty-four (24) hours of receiving the tap sample
results. The corrective action must be completed within thirty (30) days. If
the corrective action is not completed within thirty (30) days, the system must
provide documentation to the Department within thirty (30) days explaining why
it was unable to correct the issue.
(v) The water system must provide public
education to consumers in accordance with R.61-58.11.G(10) to
inform them on proper use of POU devices to maximize the units' lead level
reduction effectiveness.
(vi) The
water system must operate and maintain the POU devices until the system
receives Department approval to select one of the other compliance flexibility
options and implements it.
(d) Replacement of lead-bearing plumbing
A water system that has control over all plumbing in its
buildings, and no unknown, galvanized, or lead service lines, must replace all
plumbing that is not lead free in accordance with Section
1417 of the Safe Drinking Water
Act, as amended by the Reduction of Lead in Drinking Water Act and any future
amendments applicable at the time of replacement. The replacement of all
lead-bearing plumbing must occur on a schedule established by the Department
but not to exceed one (1) year. Water systems must provide certification to the
Department that all lead-bearing material has been replaced in accordance with
R.61-58.11.L(10)(b).
(2)
(a) A
water system that exceeds the lead action level after exceeding the lead
trigger level but does not exceed the copper action level must implement the
compliance option approved by the Department under paragraph (1) of this
section.
(b) A water system that
exceeds the lead action level, but has not previously exceeded the lead trigger
level, and does not exceed the copper action level must complete the provisions
in paragraph (1) of this section and must implement the compliance option
approved by the Department under paragraph (1) of this section.
(c) A water system that exceeds the trigger
level after it has implemented a compliance option approved by the Department
under paragraph (1) of this section, must complete the steps in paragraph (1)
and if it thereafter exceeds the action level, it must implement the compliance
option approved by the Department under paragraph (1) of this
section.
