Effective Date: May 27, 1998
(all sections)

Use 40CFR141 Subpart I - Control of Lead and Copper.

5-1.40 Applicability. Unless otherwise noted all community water systems and nontransient, noncommunity water systems serving 15 or more service connections or serving 25 or more persons shall provide optimal corrosion control treatment or complete the applicable corrosion control requirements by the deadlines established in sections 5-1.40 through 5-1.49 of this Subpart.

(a) Optimal Corrosion Control Treatment. Any water system is considered by the State to have optimal corrosion control treatment if the water system satisfies one of the following applicable criteria.

(1) Any water system that services 50,000 people or less is considered to have optimal corrosion control treatment if the water system meets the copper and lead action levels during each of two consecutive six-month monitoring periods when monitoring is conducted in accordance with section 5-1.42 of this Subpart.

(2) Any water system that has carried out activities equivalent to the corrosion control steps applicable to that size water system in sections 5-1.40 through 5-1.49 of this Subpart can demonstrate optimal corrosion control treatment by submitting to the State a report with the following information:

(i) the results of all test samples collected for each of the water quality parameters in section 5-1.43 of this Subpart;

(ii) a description of the test methods, various treatments tested and the basis for the water systems selection of optimal corrosion control treatment;

(iii) a description of how optimal corrosion control treatment was installed and how it is being maintained and operated; and

(iv) the results of first-draw lead and copper tap water samples collected in accordance with section 5-1.42 of this Subpart for two consecutive six-month monitoring periods after optimal corrosion control treatment has been installed.

(3) A water system is considered to have optimal corrosion control treatment if it demonstrates that the difference in the results of the 90th percentile first-draw lead level and the highest source water lead level is less than 0.005 milligrams per liter for two consecutive six-month monitoring periods. The 90th percentile lead level must be calculated in accordance with section 5-1.41 of this Subpart and sampled in accordance with section 5-1.42 of this Subpart. The source water lead level must be sampled in accordance with section 5-1.47 of this subpart.

(b) A large water system that serves more than 50,000 people that has not demonstrated to the State that it has optimal corrosion control treatment shall complete the following corrosion control treatment steps.

Step 1: The water system shall conduct initial monitoring for first-draw lead and copper tap samples in accordance with section 5-1.42 of this Subpart and sampling for water quality parameters in accordance with section 5-1.43 of this Subpart by January 1, 1993. If a water system exceeds the lead action level during the first or second six-month monitoring period it shall deliver the public education materials in accordance with section 5-1.44 of this Subpart within 60 days of the end of the monitoring period and begin source water monitoring in accordance with section 5-1.47 of this subpart.

Step 2: The water system shall complete corrosion control studies in accordance with section 5-1.45 of this Subpart and submit a report to the State by July 1, 1994.

Step 3: After State designation of optimal corrosion control treatment the water system shall install optimal corrosion control treatment by January 1, 1997.

Step 4: After installation of optimal corrosion control treatment the water system shall complete lead, copper and water quality parameter follow-up sampling in accordance with subdivision (e) of section 5-1.46 of this Subpart by January 1, 1998. If follow-up sampling for lead does not meet the action level, the water system must begin replacing lead service lines in accordance with section 5-1.48 of this Subpart.

Step 5: After State specification of water quality parameters for optimal corrosion control treatment, the water system shall operate in compliance with State-specified water quality parameter values in accordance with subdivision (g) of section 5-1.46 of this Subpart; conduct lead and copper first-draw tap sampling in accordance with section 5-1.42 of this Subpart and report results to the State within ten days of the end of each monitoring period.

(c) A water system that serves 50,000 people or less that has not demonstrated to the State that it has optimal corrosion control treatment shall complete the following corrosion control treatment steps.

Step 1: The water system shall conduct initial lead and copper first-draw tap sampling in accordance with section 5-1.42 of this Subpart until the water system either exceeds the lead and/or copper action level or becomes eligible for reduced monitoring. Results must be reported to the State within 10 days of the end of each monitoring period.

Step 2: A water system that exceeds the lead or copper action level shall:

There is no copper education material and 5-1.44 requires for NTNCs delivery within 60 days of a Pb action level exceedence, not the end of the monitoring period. 5-1.44 requires educating every 12 months. 5-1.49(d) requires that a report on the education must be sent to the state by December 31.

(i) deliver public education materials in accordance with section 5-1.44 of this Subpart within 60 days of the end of the monitoring period;

(ii) submit a report to the State in accordance with subdivision (b) sections 5-1.46 of this Subpart recommending optimal corrosion control treatment within six months after it exceeds one of the action levels;

(iii) conduct water quality parameter monitoring in accordance with section 5-1.43 of this Subpart; and

(iv) conduct source water monitoring in accordance with section 5-1.47 of this Subpart.

Step 3: If the State requires a corrosion control study to be conducted, the water system shall conduct the corrosion control study in accordance with section 5-1.45 of this Subpart and submit a report on the results to the State within 18 months of the date the study was required.

Step 4: After State designation of optimal corrosion control treatment, the water system shall install optimal corrosion control treatment in accordance with subdivision (d) of section 5-1.46 of this Subpart within 24 months of the State's designation.

5-1.46(f) is State evaluation and designation of WQP values. Should be (e).

Step 5: After installation of optimal corrosion control treatment, the water system shall conduct lead, copper and water quality parameter follow-up sampling in accordance with subdivision (f) of section 5-1.46 of this Subpart within 36 months after State designation of optimal corrosion control treatment. The results shall be submitted to the State for designation of optimal water quality control parameters within 10 days of the end of the monitoring period. If follow-up sampling for lead does not meet the action level, the water system must begin replacing lead service lines in accordance with section 5-1.48 of this Subpart.

Originally 5-1.46(h), request modification of optimal corrosion control treatment. Changed to (g).

Step 6: After State specification of water quality parameters, for optimal corrosion control treatment the water system shall operate in compliance with State specified water quality parameters values in accordance with subdivision (g) of section 5-1.46 of this Subpart, conduct lead and copper tap sampling in accordance with section 5-1.42 of this Subpart and report results to the State within 10 days of the end of each monitoring period.

(d) Any community or nontransient noncommunity water system that serves 50,000 or less people and is required to complete the corrosion control steps because of its failure to meet the lead or copper action level may cease completing the treatment steps whenever the water system meets both action levels during each of two consecutive six month monitoring periods. The results must be submitted to the State for approval. If an action level is exceeded in a later monitoring period the water system must complete the applicable treatment steps.

5-1.41 Lead and copper action levels.

(a) The lead action level is exceeded if the concentration of lead in more than 10 percent of one liter first-draw tap water samples collected during any monitoring period and computed in accordance with subdivision (c) of this section exceeds 0.015 milligrams per liter.

(b) The copper action level is exceeded if the concentration of copper in more than ten percent of one liter first-draw tap water samples during any monitoring period and computed in accordance with subdivision (c) of this section exceeds 1.3 milligrams per liter.

(c) The 90th percentile lead and copper levels shall be computed as follows:

(1) The results of all lead and copper samples taken during a monitoring period shall be placed in ascending order from the sample with the lowest concentration to the sample with the highest concentration. Each sampling result shall be assigned a number, ascending by single integers beginning with the number one for the sample with the lowest contaminant level. The number assigned to the sample with the highest contaminant level shall be equal to the total number of samples taken.

(2) Multiply the number of samples taken during the monitoring period by 0.9.

(3) The contaminant concentration of the numbered sample obtained by this calculation is the 90th percentile contaminant level.

(4) For water systems that are only required to collect five samples per monitoring period, the 90th percentile lead and copper action level is computed by taking the average of the highest and second highest concentrations.

5-1.42 Monitoring requirements for lead and copper in tap water. All community and nontransient noncommunity water systems must monitor for lead and copper in accordance with this section.

(a) Sample site selection. By the applicable date for commencement of monitoring, stated in Subdivision (d) of this section, each water system shall complete a materials evaluation of its distribution system to identify a pool of targeted sampling sites that meet the site selection criteria. The pool of sampling sites should be sufficiently large to ensurer that the water system can collect the required number of first-draw lead and copper tap samples should some of the sites become unavailable. All sampling sites from which first-draw tap samples are collected shall be selected from this pool. Sampling sites may not include faucets that have point-of-use or point-of-entry treatment devices designed to remove inorganic contaminants.

(1) A materials evaluation of a water system shall consist of an examination and listing of all historical water system data on the materials used for construction of the distribution system and service lines, plus any available information on the interior plumbing materials of the buildings served. If the water system's records are inadequate to identify enough sampling sites the water system shall take the following steps:

(i) examine all plumbing codes, permits, and records in the files of the building department which show the plumbing materials that are installed within publicly and privately owned facilities connected to the distribution system;

(ii) examine all inspections and records of the distribution system that show the material composition of the service connections.

(iii) examine all existing water quality information from the distribution system or individual structures which may show locations susceptible to high lead or copper concentrations; and

(iv) use water system personnel to determine service line and interior plumbing materials when performing maintenance activities or reading meters.

(2) Tier 1 sampling sites selected for a community water system's sampling pool shall consist of single family structures that have copper pipes with lead solder joints installed after 1982, interior lead plumbing; or have a lead service line.

(3) Multiple-family residences may be used as tier 1 sampling sites when multiple-family residences comprise at least 20 percent of the facilities served by a water system and have copper pipes with lead solder joints installed after 1982, interior lead plumbing or have a lead service line.

(4) Any community water system with insufficient tier 1 sampling sites shall complete its sampling pool with tier 2 sampling sites. Tier 2 sampling sites consist of buildings, including multiple-family residences, that have copper pipes with lead solder joints installed after 1982 or interior lead plumbing or have a lead service line.

(5) Any community water system with insufficient tier 1 and tier 2 sampling sites shall complete its sampling pool with tier 3 sampling sites. Tier 3 sampling sites consist of single family structures that have copper pipes with lead solder joints installed before 1983.

Subpart I requires sampling even when no tier 1, 2, or 3 sites exist.

(6) Tier 1 sampling sites for nontransient noncommunity water systems shall be buildings that have copper pipes with lead solder joints installed after 1982, interior lead plumbing or have a lead service line.

(7) A nontransient noncommunity water system with insufficient tier 1 sampling sites shall complete its sampling pool with sampling sites having copper pipes with lead solder joints installed before 1983.

(8) Any water system whose sampling pool does not consist exclusively of tier 1 sampling sites shall notify the State in writing before initiating sampling, why the water system was unable to locate enough tier 1 sampling sites.

(9) Any water system whose distribution system has lead service lines shall draw 50 percent of the first-draw tap samples it collects during each monitoring period from sampling sites that have lead service lines and 50 percent from sampling sites having interior lead plumbing or copper pipe with lead solder joints. If a water system cannot identify enough sampling sites with lead service lines, the water system shall notify the State in writing of the steps taken to locate sites and the reasons why it was unable to locate enough sites and collect samples from all the sampling sites with lead service lines it has been able to locate.

(b) Sample collection methods. All tap samples for lead and copper collected in accordance with this section shall be first-draw samples.

(1) Each first-draw tap sample for lead and copper shall be one liter of water that has stood motionless in the plumbing system of each sampling site for at least six hours. First-draw samples from residential housing shall be collected from the cold water kitchen or bathroom sink tap.

(2) First-draw samples from a nonresidential building shall be collected at an interior cold water tap from which water is typically drawn for consumption. First-draw samples may be collected by water system personnel or by residents who have been instructed on the proper sampling procedures by the water system. The water system must certify that the resident collecting the sample has been properly instructed. If a water system allows residents to perform sampling, it may not challenge the accuracy of sampling results based on alleged errors in sample collection. To avoid problems of residents handling nitric acid, acidification of first draw samples may be done up to 14 days after the sample is collected. All samples which are not immediately acidified shall stand in the original one liter container for at least 28 hours after acidification to insure that all of the lead has dissolved.

(3) Water systems shall collect first-draw tap samples from the same sampling sites in each monitoring period. If a water system cannot gain entry to a previously used sampling site after making reasonable efforts to gain entry, the water system may collect the sample from another sampling site in its sampling pool if the new sampling site meets the same targeting criteria and is within reasonable proximity of the original sampling site.

(c) Number of Samples. Water systems shall collect at least one first-draw lead and copper tap sample during each monitoring period from the number of sampling sites listed in the table below under standard monitoring. A water system conducting reduced monitoring may collect one first-draw lead and copper tap sample during each monitoring period from the number of sites listed in the table below under reduced monitoring.

 
                   STANDARD MONITORING     REDUCED MONITORING
Population Served   Number of Sites         Number of Sites 
>100,000                100                       50 
10,001 - 100,000         60                       30 
3,301 - 10,000           40                       20 
501 - 3,300              20                       10 
101 - 500                10                        5 
<101                      5                        5 
NOTE: If a water system has less than the required number of sample taps in its distribution system it shall sample all the taps and report that 100 percent of the available taps were sampled.

(d) Initial first-draw lead and copper tap sampling. The first six-month monitoring period shall begin on the following dates for the size systems as follows:

WATER SYSTEM SIZE       INITIAL MONITORING
Population Served       Period Begins
> 50,000 (large)        January 1, 1992
3,301 - 50,000 (medium) July 1, 1992
<3,301 (small)          July 1, 1993

(1) All large water systems shall monitor during two consecutive six-month periods.

(2) All small and medium water systems shall monitor during each six-month monitoring period until:

(i) the water system meets the lead and copper action levels during two consecutive monitoring periods and becomes eligible for reduced monitoring; or

(ii) the water system exceeds the lead or copper action level and is required to carry out corrosion control treatment.

(3) Any water system which installs optimal corrosion control treatment or source water treatment shall monitor for lead and copper at the standard number of sampling sites during two consecutive six-month monitoring periods after facility start-up.

(i) Large water systems must complete their monitoring by January 1, 1988.

(ii) Small and medium water systems must complete their monitoring 36 months after the State designates optimal corrosion control treatment;

(iii) Any water system that installs source water treatment shall complete monitoring 12 months after installation of treatment.

(4) After State specification of water quality parameter values for optimal corrosion control treatment the water system shall monitor for lead and copper tap samples at the standard number of sampling sites during two consecutive six-month monitoring periods beginning from the date of State specification.

(5) Reduced Monitoring. Water systems may reduce the number and frequency of first-draw lead and copper tap samples if they meet the following criteria:

(i) small and medium water systems that meet the lead and copper action levels during two consecutive six-month monitoring periods may reduce the number of sampling sites at which samples are collected to those listed in the above table under reduced monitoring and reduce the frequency of sampling to once a year;

(ii) small and medium water systems that meet the lead and copper action levels for three consecutive years may reduce the frequency of first-draw lead and copper tap monitoring to every third year at the reduced number of sampling sites;

(iii) small or medium water systems on a reduced monitoring schedule for lead and copper tap samples that exceed the lead or copper action level shall resume monitoring at the standard number of sampling sites every six months;

(iv) any water system that maintains State-specified water quality parameters for optimal corrosion control treatment during each of two consecutive six-month monitoring periods may request the State to reduce the monitoring frequency for lead and copper tap samples to once per year at the reduced number of monitoring sites;

(v) any water system that maintains State-specified water quality parameters for optimal corrosion control treatment during three consecutive years may request the State to reduce the frequency of lead and copper tap samples at the reduced number of sites to once every three years;

(vi) any water system on a reduced monitoring frequency that fails to maintain State-specified water quality parameters for optimal corrosion control treatment shall resume monitoring at the standard number of sites every six months; and

(vii) any water system on a reduced monitoring schedule for lead and copper tap samples shall collect these samples from the pool of sampling sites used for initial monitoring. The samples shall be collected during the periods from June 1 through September 30.

(e) Additional Monitoring. The results of any monitoring conducted besides the minimum requirements of this section shall be considered in making any determinations under this Subpart.

5-1.43 Monitoring requirements for water quality parameters. All large water systems and all small and medium water systems that exceed the lead and copper action level shall monitor for the following water quality parameters:

Water quality parameter samples shall be shall be representative of water quality throughout the distribution system. Sites should be selected to represent the population served, seasonal variability, different sources of water and different treatment methods used by the water system. Water quality parameter samples are not first draw samples and need not be collected from consumer's taps.

(a) Number of samples. Water systems shall collect two samples for the applicable water quality parameters during each monitoring period from the following number of distribution system sampling sites:

                       STANDARD MONITORING    REDUCED MONITORING
 Population Served      (Sample Sites)         (Sample Sites) 
>100,000                    25                    10 
10,001 - 100,000            10                     7 
3,301 - 10,000               3                     3 
501 - 3,300                  2                     2 
101 - 500                    1                     1 
<101                         1                     1

(b) Entry point sampling. Two water quality parameter samples must be collected at each entry point to the distribution system during each monitoring period in which distribution water quality parameter samples are collected. Samples collected at entry points shall be representative of each source after treatment during normal operation of the water system. After the installation of corrosion control and/or after the State specifies water quality parameter values for optimal corrosion control treatment, entry point water quality parameter samples shall be collected biweekly.

(c) Distribution monitoring. All large water systems shall monitor for water quality parameters in subdivision (c) of section 5-1.45 of this Subpart in each initial six-month monitoring period that they monitor for first-draw lead and copper tap samples. All small and medium water systems shall monitor for water quality parameters in subdivision (c) of section 5-1.45 of this Subpart during the six-month monitoring period which the water system exceeds the copper or lead action level. After a water system installs optimum corrosion control treatment, the water system shall monitor for water quality parameters for two consecutive six-month monitoring periods. After the State specifies water quality parameters for optimal corrosion control treatment, all water systems shall monitor for water quality parameters at the frequencies stated in subdivision (a) of this section for two consecutive six-month monitoring periods.

(d) After State specification of minimum values or ranges for water quality parameters for optimal corrosion control treatment, water systems shall maintain water quality parameter values at or above specified minimum values or within ranges specified by the State. If the water quality parameter value of any sample is below the minimum value or outside the range specified by the State, the water system is out of compliance with the State Sanitary Code.

(e) Reduced monitoring. Any water system that maintains stated specified water quality parameters for optimal corrosion control treatment for two consecutive six-month monitoring periods may reduce the number of distribution sampling sites to the number listed in the above table under reduced monitoring. Entry point samples shall continue to be collected biweekly. Any water system that maintains state specified water quality parameters for three consecutive years may reduce the monitoring frequency of distribution system samples to once a year. Any water system that maintains state specified water quality parameters for three consecutive years when monitoring once a year may reduce the monitoring frequency to once every three years. Entry point samples must continue to be collected biweekly. When samples are collected once a year or once every three years and more than one sample is required, the samples shall be spaced evenly throughout the year in which they are collected.

(f) Any water system conducting reduced monitoring that fails to maintain State-specified water quality parameters for optimal corrosion control treatment shall resume standard monitoring.

(g) Confirmation samples. Any water system may collect a confirmation sample of any water quality parameter. The confirmation sample must be collected from the same site within three days. If a confirmation sample is collected it must be averaged with the first sample and the average value must be used for compliance determinations.

(h) Additional monitoring. The results of any monitoring conducted besides the minimum requirements of this section shall be considered in making any decisions under this Subpart.

5-1.44 Public education and supplemental monitoring requirements. A water system that exceeds the lead action level based on first-draw lead tap samples shall deliver the public education materials contained in subdivision (a) and (b) of this section in accordance with the requirements in subdivision (c) of this section.

(a) Content of written materials. A water system shall include the following text in all of the printed materials it distributes through its lead public education program. Any additional information presented shall be consistent with the information below and be expressed in a way that can be understood by persons without medical or technical backgrounds.

(1) Introduction. The New York State health Department and (insert name of water supplier) are concerned about lead in your drinking water. Although most homes have very low levels of lead in their drinking water, some homes in the community have lead levels above the action level of 15 parts per billion, or 0.015 milligrams of lead per liter of water. Under the State Sanitary Code we are required to have a program in place to minimize lead in your drinking water by (insert date when corrosion control will be completed for your system). This program includes corrosion control treatment, source water treatment (if necessary) and public education. We are also required to replace each lead service line that we control if the line contributes lead concentrations of more than 15 parts per billion after we have completed the comprehensive treatment program. If you have any questions about how we are carrying out the requirements of the lead regulation please give us a call at (insert water system's phone number). This brochure explains the simple steps you can take to protect you and your family by reducing your exposure to lead in drinking water.

(2) Health effects of lead. Lead is a common metal found throughout the environment in lead-based paint, air, soil, household dust, food, certain types of pottery, porcelain, pewter and water. Lead can pose a significant risk to your health if too much of it enters your body. Lead builds up on the body over many years and can cause damage to the brain, red blood cells and kidneys. The greatest risk is to young children and pregnant woman. Amounts of lead that won't hurt adults can slow down normal mental and physical development of growing bodies. Also, a child at play often comes into contact with sources of lead contamination, like dirt and dust, that rarely affect an adult. It is important to wash children's hands and toys often, and try to make sure they only put food into their mouths.

(3) Lead in drinking water. Although rarely the sole cause of lead poisoning, lead in drinking water can significantly increase a person's total lead exposure, particularly the exposure of infants who drink baby formulas and concentrated juices that are mixed with water. It is estimated that drinking water can make up to 20 percent or more of a person's total exposure to lead.

(i) Lead is unusual among drinking water contaminants in that it seldom occurs naturally in rivers and lakes. Lead enters drinking water primarily because the corrosion, or wearing away, of materials containing lead in the water distribution system and household plumbing. These materials include lead-based solder used to join copper pipe, brass and chrome plated brass faucets, and at times, pipes made of lead that connect your house to the water main (service lines). In 1986, Congress banned the use of lead solder containing greater than 0.2 percent lead, and restricted the lead content of faucets, pipes and other plumbing materials to 8.0 percent.

(ii) When water stands in lead pipes or plumbing systems containing lead for several hours or more, the lead may dissolve into your drinking water. This means the first water drawn from the tap in the morning, or later in the afternoon after returning from work or school, can contain high levels of lead.

(4) Steps you can take in the home to reduce exposure to lead in drinking water.

(i) Despite our best efforts mentioned earlier to control water corrosivity and remove lead from the water supply, lead levels in some homes or buildings can be high. To find out whether you need to take action in your own home, have your drinking water tested to determine if it contains excessive concentrations of lead. Testing the water is essential because you cannot see, taste, or smell lead in drinking water. Some local approved environmental laboratories that provide this service are listed at the end of this booklet. For more information on having your water tested, please call (insert phone number of water system).

(ii) If a water test shows that the drinking water drawn from a tap in your home contains lead above 15 parts per billion, then you should take the following precautions:

(a) let the water run from the tap before using it for drinking or cooking any time the water in a faucet has stood for more than six hours. The longer water resides in your home's plumbing the more lead it may contain. Flushing the tap means running the cold water faucet until the water gets noticeably colder, usually about 15 to 30 seconds. If your house has a lead service line to the water main, you may have to flush the water for a longer time, perhaps one minute, before drinking. Although toilet flushing or showering flushes water through a portion of your home's plumbing system, you still need to flush the water in each faucet before using it for drinking or cooking. Flushing tap water is a simple and inexpensive measure you can take to protect your family's health. it usually uses less than one or two gallons of water and costs less than (insert a cost estimate based on flushing two times a day for 30 days) per month. To conserve water, fill a couple of bottles for drinking water after flushing the tap and whenever possible use the first-flush water to wish dishes, watering plants or other purposes that do not involve cooking and drinking. If you live in a high rise building, letting the water flow before using it may not work to lessen your risk from lead. The plumbing systems have more, and sometimes larger pipes than smaller buildings. Ask your landlord for help in location the source of lead and for advice on reducing the lead level;

(b) do not cook with, or drink water from, the hot water tap. Hot water can dissolve lead more quickly than cold water. If you need hot water, draw water from the cold water tap and heat it on the stove;

(c) remove loose lead solder and debris from the plumbing by removing the faucet strainers from all taps and running the water from 3 to 5 minutes. Thereafter, periodically remove the strainers and flush out any debris that has accumulated.

(d) if your copper pipes are joined with lead solder that has been installed illegally since it was banned in 1986 (if an earlier lead ban was in effect in your community insert the earlier date) notify the plumber who did the work and request replacement of the lead solder with lead- free solder. Also, notify (insert name and phone number of the local office of the health department and the name and phone number of the office responsible for enforcing the plumbing codes) about the violation. Lead solder looks dull gray, and when scratched with a metal object looks shiny.

(e) determine whether the service line that connects your home or apartment to the water main is made of lead. The public water system that delivers water to your home should maintain records of the materials located in the distribution system. If they do not have any records concerning your service line, try to contact the plumbing contractor who installed the service line. You usually can identify the plumbing contractor by checking the office that issues or keeps records of the building permits (insert name and phone number of office). If the plumbing contractor can't be located, hire a licensed plumber to determine if the service line is made of lead. A licensed plumber can also check to see if your home's plumbing contains lead solder, lead pipes or pipe fittings that contain lead;

(f) if you have a lead service line that connects your dwelling to the water main and it contributes more than 15 parts per billion of lead to your drinking water after our comprehensive treatment program is in place, we are required to replace the line. If the service line is only partially controlled by (insert name of water system with partial control of service line), we are required to replace the portion of the line under our control and we are required to provide you with information on how to replace your portion of the lead service line. We are also required to offer to replace your portion of the service line at your expense and take a follow-up tap sample within 14 days of the replacement. Acceptable replacement alternatives include copper, steel, iron, and plastic pipes; and

(g) have an electrician check your wiring. If grounding wires from the electrical system are attached to your pipes, corrosion may be greater. Check with the electrician or your local electrical code to determine if your wiring can be grounded elsewhere. DO NOT attempt to change the wiring yourself because improper grounding can cause electrical shock and fire hazards.

(iii) The steps described above will reduce the lead concentrations in your drinking water. However, if a water test shows that the drinking water coming from your tap contains lead concentrations more than 15 parts per billion after flushing and after we have completed our actions to minimize lead levels, then you may want to take the following additional measures:

(a) purchase or lease a home water treatment device to remove lead. Home treatment devices are limited because each unit treats only the water that flows from the faucet to which it is connected, and all of the devices require periodic maintenance and replacement. Devices such as reverse osmosis systems or distillers can effectively remove lead from your drinking water. Some activated carbon filters may reduce lead levels at the tap, however, all lead reduction claims should be investigated. Be sure to check the actual performance of a specific home treatment device before and after installing the unit;

(b) purchase, for drinking and cooking, bottled water that is certified by the New York State Department of Health.

(iv) You can consult a variety of sources for additional information. Your family doctor or pediatrician can perform a blood test for lead and provide you with information about the health effects of lead. State and local government agencies that can be contacted include:

(a) (Insert name and phone number of the local office of the health department) can provide you with information about your community's water supply, a list of local certified laboratories, plus information about the health effects of lead and how to have your child's blood tested for lead.

(b) (Insert name and phone number of local office that issues building permits) can provide you with information about building permit records that should contain the names of plumbing contractors that plumbed your home.

(v) The following is a list of certified laboratories in your area that you can call to have your water tested for lead. (Insert the names and phone numbers of at least two laboratories certified for testing lead)

(b) Content of broadcast materials. A water system shall include the following information in all public service announcements submitted under its lead public education program to television and radio stations for broadcasting:

(1) Why should everyone want to know the facts about lead and drinking water? Because unhealthy amounts of lead can enter drinking water through the plumbing in your home. That's why I urge you to do what I did. I had my water tested for (insert free or $___ per sample). You can contact the (insert name of water system) for information on testing and on simple ways to reduce your exposure to lead in drinking water.

(2) To have your water tested for lead, or to get more information about this public health concern, please call (insert phone number of water system).

(c) Delivery of public education program.

(1) In communities where a significant proportion of the population speaks a language other than English, public education materials shall be communicated in the appropriate language.

(2) A community water system that fails to meet the lead action level based on first-draw lead tap samples shall, within 60 days:

(i) Insert notices in each consumer's water utility bill containing the information in subdivision (a) of this section, along with the following alert on the water bill in large print:

"SOME HOMES IN THIS COMMUNITY HAVE ELEVATED LEAD LEVELS IN THEIR DRINKING WATER. LEAD CAN POSE A SIGNIFICANT RISK TO YOUR HEALTH. PLEASE READ THE ENCLOSED NOTICE FOR FURTHER INFORMATION."

(If the utility bill is not scheduled to be sent out in the 60 day period a separate mailing must be sent.)

(ii) Submit the information in subdivision (a) of this section to the editorial departments of the major daily and weekly newspapers circulated throughout the community.

(iii) Deliver pamphlets and/or brochures that contain the public education materials in paragraphs (2) and (4) of subdivisions (a) of this section to the following persons, facilities and organizations that serve the areas served by the water system:

(iv) Submit the public service announcement in subdivision (b) of this section to at least five of the radio and television stations with the largest audiences that broadcast to the community served by the water system.

(3) A community water system shall deliver the public education materials and pamphlets to its consumers and organizations every 12 months and public service announcements to radio and television stations every six months for as long as the water system exceeds the lead action level.

(4) A nontransient noncommunity water system shall deliver the public education materials contained in paragraphs (1), (2) and (4) of subdivision (a) of this section within 60 days after it exceeds the lead action level based on first-draw lead tap samples. The materials shall be delivered as follows:

(i) post informational posters on lead in drinking water in a public place or common area in each of the buildings served by the water system; and

(ii) distribute informational pamphlets and/or brochures on lead in drinking water to each person served by the water system.

(5) Nontransient noncommunity water systems shall repeat the public education process at least once during each calendar year which the water system exceeds the lead action level.

(6) Any water system may stop delivery of public education materials if the system has met the lead action level during the most recent six month monitoring period. The water system must recommence public education in accordance with this section if it exceeds the lead action level in a later monitoring period.

(d) Supplemental monitoring and notifications of results. A water system that fails to meet the lead action level based on first draw lead tap samples shall offer to sample or have the tap water sampled of any consumer who requests it. The water system is not required to collect, analyze or to pay for analyzing the sample.

5-1.45 Corrosion control studies.

(a) All water systems that are required to perform corrosion control studies shall evaluate the effectiveness of each of the following treatments and, if appropriate, combinations of the following treatments to identify the optimal corrosion control treatment for their water system:

(1) alkalinity and pH adjustment;

(2) calcium hardness adjustment; and

(3) the addition of a phosphate or silicate based corrosion inhibitor at a concentration sufficient to maintain an effective corrosion inhibitor residual concentration in all test tap samples.

(b) The water system shall evaluate each of the corrosion control treatments using either pipe loop tests, metal coupon tests, partial system tests or analyses based on documented analogous treatments with other systems of similar size, water chemistry and distribution system configuration.

(c) The water system shall measure the following water quality parameters in any tests conducted for the corrosion control study before and after evaluating the corrosion control treatments listed above:

(d) The water system shall identify all chemical or physical constraints that limit or prohibit the use of a particular corrosion control treatment such as:

(1) data showing that a particular corrosion control treatment has adversely affected other water treatment processes when used by another water system with comparable water quality characteristics, and/or

(2) data demonstrating that the water system has previously attempted to evaluate a particular corrosion control treatment and has found that the treatment is ineffective or adversely affects other water quality treatment processes.

(e) The water system shall evaluate the effect of the chemicals used for corrosion control treatment on other water quality treatment processes.

(f) Based on an analysis of the data generated during the study, the water system shall submit a report to the State recommending the treatment option that constitutes optimal corrosion control treatment for their water system. The report shall contain the rationale for its recommendation along with all supporting documentation specified in subdivisions (a) through (e) of this section.

5-1.46 Corrosion control treatment. Each water system shall complete the applicable corrosion control treatment requirements listed below.

(a) Large water systems that do not have optimal corrosion control treatment shall conduct a corrosion control study as specified in section 5-1.45 of this Subpart. The corrosion control study must be completed and submitted to the State by July 1, 1994.

(b) Small and medium water systems that exceed the lead or copper action level shall recommend a corrosion control treatment to the State which they believe will result in optimal corrosion control treatment. The recommendation shall be submitted within six months after exceeding the lead or copper action level and be based on the following:

(1) an evaluation of existing water quality parameters;

(2) source water lead and copper levels;

(3) constraints placed on the corrosion control process; and

(4) theoretical determination of which the following corrosion control methods or combination of methods will result in optimal corrosion control:

(c) The State shall designate optimal corrosion control treatment after review of a water system's recommendation for optimal corrosion control treatment and all supporting documentation.

(1) The State review of supporting documentation shall determine if water systems which were required to perform corrosion control studies, submitted documentation that conformed to the requirements of Section 5-1.45; and if

(2) small and medium water systems which exceed the lead or copper action level submit documentation with their recommendation for optimal corrosion control treatment conforming to the requirements of subdivision (b) of this section.

(3) Based on the review of water system recommendations for optimal corrosion control treatment, the State may:

(i) require the water system to provide additional information;

(ii) designate the recommended corrosion control treatment as optimal corrosion control treatment with or without modifications to the recommendation; and

(iii) designate an alternate form of corrosion control treatment as optimal corrosion control treatment.

(4) State designation of an alternate form of optimal corrosion control treatment shall be carbonate passivation, inhibitor passivation or calcium carbonate precipitation and be based on the following considerations:

(i) existing water quality parameters;

(ii) source water lead and copper levels;

(iii) first-draw lead and copper levels;

(iv) adverse health, economic, safety and operational impacts of the corrosion control process; and

(v) optimal corrosion control treatment at similar water systems.

(d) After State designation of optimal corrosion control treatment all water systems shall complete final design of the corrosion control facilities, and submit plans and specifications to the State for approval. The corrosion control facilities shall be installed and operational within 24 months after State designation of optimal corrosion control treatment.

(e) The water system shall collect and analyze samples for first-draw lead and copper and water quality parameters for two six-month monitoring periods after installation of optimal corrosion control treatment facilities. The results and any additional information requested by the State shall be submitted to the State for Specification of water quality parameters for optimal corrosion control treatment within 10 days of the end of each monitoring period.

(f) The State will evaluate the data submitted by the water system after installation of optimal corrosion control treatment to determine if the optimal corrosion control treatment designated by the State was properly installed and operated and to specify water quality parameter values for optimal corrosion control treatment. State-specified water quality parameter values for optimal corrosion control treatment will be set to provide the maximum reduction of first-draw lead and copper levels after evaluating the following data and constraints;

(1) the levels of lead and copper in first-draw water before and after installation of State-designated optimal corrosion control treatment;

(2) the type of corrosion control treatment installed;

(3) characteristics of the water system;

(4) variation of source water quality parameter values;

(5) impact on other water treatment processes;

(6) operational and economic limitations;

(7) limitations of treatment process equipment; and

(8) range of water quality values observed after installation of optimal corrosion control treatment.

(g) After State specification of water quality parameters for optimal corrosion control treatment the water system shall operate within the ranges set by the State. If a water quality parameter value of any required sample is outside the established range, the water system shall take a confirmation sample within three days of the first sample. The result reported to the State shall be the average of the two samples.

(h) A water system may request a modification of its State designated optimal corrosion control treatment. The request must be submitted in writing and include the reason for the modification along with supporting data.

5-1.47 Source water monitoring and treatment. Any water system which exceeds the lead and/or copper action level shall collect one source sample for lead and copper from each entry point to the distribution system within six months after exceeding the lead and/or copper action level. If the sample results exceed five micrograms per liter for lead and/or 0.8 milligrams per liter for copper, the water system shall collect and analyze one more sample within 14 days from the same locations. The results of the two samples shall be averaged. All source water sample results and any additional information requested by the State shall be reported to the State with a recommendation for source water treatment within 6 months of exceeding the lead or copper level.

(a) The types of source water treatments that can be considered by a water system include:

(1) No treatment, based on a demonstration that:

(i) source water treatment is not necessary because source lead levels do not exceed five micrograms per liter and source copper levels do not exceed 0.5 milligrams per liter;

(ii) entry point lead and/or copper levels do not represent source water levels because of lead and/or copper pickup from facilities between the source and the entry point. A plan to eliminate the source of lead and/or copper must be presented with the recommendation; or

(iii) source water treatment will not reduce the lead levels at users' taps more than five micrograms per liter.

(2) Ion exchange.

(3) Reverse osmosis.

(4) Coagulation/filtration.

(5) Lime softening.

(b) If the State requires installation of source water treatment, the water system shall install source water treatment within 24 months of the State requirement and begin source water and entry point monitoring. Samples for lead and copper shall be collected from the source or sources and at each entry point to the distribution system for two consecutive six-month monitoring periods and be reported to the State within ten days of end of the monitoring period.

(c) If the State specifies that source water treatment is not necessary or specifies maximum permissible source water levels for lead and copper, the water system shall monitor for lead and copper at each entry point to the distribution system. Water systems using only ground water sources shall collect lead and copper samples once during each three-year monitoring period. Water systems using surface sources or a combination of surface and ground water sources shall collect lead and copper samples annually beginning on the date of the State specification. If a water system meets the first-draw lead and copper action levels for the entire source monitoring period, the water system may cease source water monitoring.

(d) State determination of the necessity of source water treatment and specification of maximum source water levels for lead and copper shall be based on an evaluation of the following:

(1) levels of lead and copper in first-draw water

(2) effectiveness of optimal corrosion control treatment if installed;

(3) levels and variability of lead and copper in source water;

(4) effectiveness of source water treatment; and

(5) operational constraints.

(e) The water system shall maintain lead and copper levels below the maximum permissible concentrations at each entry point during each monitoring period. If a sample exceeds the maximum permissible concentration, a second sample must be collected from the same site within two weeks and the results averaged with the first sample. if the average value of lead and/or copper is greater than the maximum permissible source levels specified by the State, the water system will be considered out of compliance.

(f) A water system may request modification of its source water treatment or maximum permissible lead and copper concentrations at entry points. The request must be submitted to the State in writing and include the reason for requesting the modification and supporting data.

(g) Reduced monitoring. A water system using only groundwater that has maintained entry point lead and copper levels below the maximum permissible levels for three consecutive three-year monitoring periods may reduce the monitoring frequency to once in nine years. A water system using surface water or a combination of ground and surface water that has maintained entry point lead and copper levels below the maximum permissible levels for three consecutive years may reduce the monitoring frequency to once in nine years.

(h) A water system that uses a new source of water is not eligible for reduced monitoring for lead and copper until concentrations in samples collected from the new source entry point are below permissible levels for three consecutive monitoring periods.

5-1.48 Lead service line replacement:

(a) Water systems that fail to meet the lead action level in tap samples collected after installing optimal corrosion control treatment and/or source water treatment (whichever occurs later) shall replace lead service lines. Water systems that fail to install optimal corrosion control treatment or source water treatment on time may be required to begin replacement of lead service lines.

(b) At least seven percent of the initial number of lead service lines shall be replaced annually. Based on the number of lead service lines in the water system, the State may require the water system to replace more than seven percent of the initial number of lead service lines each year. The initial number of lead service lines is the number of lead service lines in place at the time the replacement program begins. The water system shall identify that initial number of lead service lines in its distribution system based on a materials evaluation. The first year of lead service line replacement shall begin on the date the action level was exceeded after installing corrosion control and/or source water treatment.

(c) A water system is not required to replace an individual lead service line if the lead service line sample result is less than or equal to 0.015 milligrams per liter. Each service line sample shall be one liter of first-draw water that has stood motionless in the lead service lien for at least six hours and shall be collected in one of the following ways:

(1) the sample may be collected at a tap after flushing the volume of water between the tap and the lead service line. The volume of water shall be calculated based on the interior diameter and length of the pipe between the tap and the lead service line;

(2) the sample may be collected by tapping directly into the lead service line; or

(3) The sample may be collected at a tap by allowing the water to run until there is a significant change in water temperature which would be indicative of the temperature of the water that has been standing in the lead service line. This method can only be used for a building constructed as a single-family residence.

(d) A water system shall replace the entire service line (up to the building inlet) unless it demonstrates to the satisfaction of the State that it controls less than the entire service line. In such cases the water system shall replace the portion of the line which the State determines is under the water system's control. The water system shall notify the user served by the lead service line that it will replace the portion of the line under its control and shall offer to replace the building owner's portion of the line, but it is not required to bear the cost of replacing the building owner's portion of the line. For buildings where only a portion of the service line is replaced, the water system shall offer to collect a first-draw tap water sample after partial replacement of the lead service line is completed. In cases where the residents accept the offer, the water system shall collect the sample and report the results to the resident within 14 days of the partial lead service line replacement.

(e) A water system is presumed to control the entire lead service line (up to the building inlet) unless the water system demonstrates tot he State that the owner of the lead service or the property on which it is located has denied the water system entry or that it does not have any of the following forms of control over the entire lead service line, as defined by State statutes, municipal ordinances, public service contracts or other applicable legal authority.

(1) authority to set standards for construction, repair, or maintenance of the lead service line;

(2) authority to replace, repair, or maintain the lead service line; or

(3) ownership of the lead service line;

(f) Any water system may cease replacing lead service lines whenever first-draw lead tap water samples meet the lead action level during each of two consecutive six month monitoring periods. Monitoring results must be submitted to the State. If first-draw tap water samples in the water system again exceed the lead action level the water system shall recommence replacing lead service lines.

5-1.49 Reporting and record keeping requirements:

(a) All water systems shall report the following information to the State within ten days of the end of each applicable monitoring period:

(1) results of all first-draw lead and copper tap samples, including site locations and criteria;

(2) certification that the first-draw sample for lead and copper was a one liter sample and that to the best of their knowledge has stood in the plumbing system for at least six hours;

(3) if a resident collected the samples, certification that the water system informed the resident of the proper sampling procedures;

(4) the 90th percentile lead and copper values;

(5) an explanation of changes in sampling sites if any; and

(6) results of all distribution tap samples, entry point and source water samples for lead, copper, pH, alkalinity, calcium, conductivity, temperature and orthophosphate or silica.

(b) Water systems shall submit the following applicable reports:

(1) Water systems that cannot complete their sampling pool with tier 1 sampling sites must notify the State in writing justifying their selection of tier 2 or tier 3 sampling sites;

(2) water systems that are unable to locate enough sampling sites with lead service lines to equal 50 percent of the required sampling pool must notify the State in writing why they were unable to locate enough sampling sites;

(3) water systems that have maintained optimal water quality parameters for two consecutive six month monitoring periods and wish to reduce the sampling frequency for first-draw lead and copper tap samples to once a year and the number of sites to the reduced monitoring number shall submit a request to the State with supporting data;

(4) water systems that have maintained optimal water quality parameters for three consecutive years and wish to reduce the sampling frequency for first-draw lead and copper tap samples to once every three years shall submit a request to the State with supporting data;

(5) water systems that wish to demonstrate that they have achieved optimal corrosion control treatment under subdivision (a) of section 5-1.40 of this Subpart shall submit a report to the State demonstrating that they have met the criteria;

(6) small and medium water systems that exceed the action level for lead or copper must submit their recommendation for optimal corrosion control treatment within six months of failure to meet the action level;

(7) water systems that perform corrosion control studies must submit a report of the study within the applicable time frame;

(8) water systems that are required to install optimal corrosion control treatment designated by the State must notify the State in writing certifying installation completion by the applicable date;

(9) water systems which exceed lead or copper action levels must submit a report to the State recommending installation of a source water treatment or demonstrate why the source does not need treatment; and

(10) water systems that are required to install source water treatment must notify the State in writing certifying that source water treatment was installed within 24 months after the State required source water treatment.

(c) All water systems that are required to replace lead service lines shall report the following information to the State:

(1) within 12 months after a water system exceeds the lead action level after installing optimal corrosion control treatment and/or source water treatment, the water system shall submit a report to the State. The report shall include the results of a material evaluation of the distribution system, the initial number of lead service lines and a schedule for replacing at least seven percent of the lead service lines annually;

(2) submit an annual report to the State containing the following information:

i the number of lead service lines scheduled to be replaced during the previous year;

ii the number and location of the lead service lines actually replaced during the previous year; and

iii the number and location of lead service lines where service line samples were collected during the previous year.

(3) When a water system elects not to replace a lead service line because the lead service line sample was equal to or less than 15 micrograms per liter, the water system shall report the sampling method, date and results of the lead service line sample.

(4) If a water system seeks to prove that it does not have control over the entire lead service line, it shall submit to the State the appropriate documentation within three months of becoming subject to the requirement to replace lead service lines.

(d) All water systems subject to public education requirements shall report to the State by December 31st of each year the actions taken to meet its requirement. This report shall include the content of materials distributed, the dates of delivery and a list of the means of delivery (names of newspapers, radio stations, etc., used).

(e) Additional monitoring. Any water system which collects sampling data besides that required by sections 5-1.40 through 5-1.49 of this Subpart shall report the results to the State within the first ten days following the end of the monitoring period during which the samples were collected.

(f) Notwithstanding anything to the contrary in section 5-1.72, of this subpart, any water system subject to the requirements of sections 5-1.40 through 5-1.49 of this Subpart shall retain on its premises records of all sampling data and analyses, reports, surveys, letters, evaluations, schedules, State approvals and conditions and any other information pertaining to sections 5-1.40 through 5-1.49 of this Subpart for at least 12 years.