10NYCRR5-1.40 Lead and Copper

(a) Applicability. The requirements of sections 5-1.40 through 5-1.48 of this Subpart shall apply to all community water systems and nontransient, noncommunity water systems serving 15 or more service connections or serving 25 or more persons.

(1)

Analyte	Action Level^1,2
Lead	0.015 mg/L
Copper	1.3 mg/L

Notes:

¹ Analysis of lead and copper samples must be done by an approved laboratory as prescribed in section 5-1.74(a), that demonstrates the ability to achieve a Practical Quantitation Level (PQL) for lead equal to 0.0005 milligrams/Liter (mg/L) and a PQL for copper equal to 0.050 mg/L.

² All lead and copper levels measured between the PQL and Method Detection Level (MDL) must be either reported as measured or one-half the PQL specified in note 1. All levels below the lead and copper MDLs must be reported as zero.

(2) The lead action level is exceeded if the concentration of lead in more than ten percent (90th percentile) of the tap water samples collected in accordance with section 5-1.42 during any monitoring period exceeds 0.015 mg/L.

(3) The copper action level is exceeded if the concentration of copper in more than ten percent (90th percentile) of the tap water samples collected in accordance with section 5-1.42 during any monitoring period exceeds 1.3 mg/L.

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

This method is similar to the Federal method. Both ignore the issue of interpolation when step (ii) yields a non-integral result.

(i) Place the results of all lead and copper samples taken during a monitoring period in ascending order from the sample with the lowest concentration to the sample with the highest concentration. Each sampling result will 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 will be equal to the total number of samples taken.

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

(iii) The contaminant concentration of the numbered sample obtained by the calculation in subdivision (b)(4)(ii) of this section is the 90th percentile contaminant level.

(iv) For water systems serving fewer than 100 people that collect 5 samples per monitoring period, the 90th percentile is computed by taking the average of the highest and second highest concentration.

(v) For a public water system that has been allowed by the State to collect fewer than five samples under section 5-1.42(a)(3), the sample result with the highest concentration is considered the 90th percentile value.

(a) Each system shall complete the applicable corrosion control treatment requirements found in subdivision (c) of this section unless it is deemed to have optimized corrosion control as provided under subdivision (b) of this section.

(b) Optimized corrosion control. A system is deemed to have optimized corrosion control and is not required to complete the applicable corrosion control treatment steps identified in this section if the water system satisfies the criteria specified in one of the paragraphs (1) through (3) of this subdivision. Any such system deemed to have optimized corrosion control under this subdivision, and which has treatment in place, shall continue to operate and maintain optimal corrosion control treatment and meet any requirements that the State determines appropriate to ensure optimal corrosion control treatment is maintained.

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

(2) Any water system may be deemed by the State to have optimized corrosion control treatment if the system demonstrates to the satisfaction of the State that it has conducted activities equivalent to applicable corrosion control steps. Water systems deemed to have optimized corrosion control under this paragraph shall operate in compliance with State-designated optimal water quality parameters and continue to conduct lead and copper tap and water quality parameter sampling in accordance with sections 5-1.42(b)(3) and 5-1.43(b)(3). A system shall provide information to the State to support a determination under this subdivision which includes, but is not limited to:

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

(ii) a report explaining the test methods used by the water system to evaluate the corrosion control treatments listed in subdivision (c)(3)(ii) of this section, the results of all tests conducted, and the basis for the system's selection of optimal corrosion control treatment;

(iii) a report explaining how corrosion control has been installed and how it is being maintained to insure minimal lead and copper concentrations at consumers' taps; and

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

(3) A water system is deemed to have optimal corrosion control if it meets the copper action level and can demonstrate:

(i) the difference between the results of the 90th percentile tap water lead level and the highest source water lead level is less than 0.005 mg/L for two consecutive six-month monitoring periods. The 90th percentile tap water lead level shall be sampled in accordance with section 5-1.42 and source water lead level shall be sampled in accordance with section 5-1.44; and

(ii) a system’s highest source water lead level is below the Method Detection Limit, and the 90th percentile tap water lead level is less than or equal to 0.005 mg/L for two consecutive 6-month monitoring periods.

(4) Any water system deemed to have optimized corrosion control in accordance with this section shall continue monitoring for lead and copper in tap water no less frequently than once every three calendar years using the reduced number of sites specified in section 5-1.42(a)(3) and collecting the samples at times and locations specified in section 5-1.42(c), unless it meets the requirements for a nine year waiver as specified in section 5-1.42(f).

(5) Any system triggered into corrosion control because it is no longer deemed to have optimized corrosion control under this section shall implement corrosion control treatment in accordance with the deadlines in subdivision (c)(2) of this section. Any such system serving more than 50,000 persons shall adhere to the schedule specified in subdivision (c)(2) of this section for systems serving 50,000 or fewer persons, with the time periods for completing each step being triggered by the date the system is no longer deemed to have optimized corrosion control under this section.

(6) Any water system deemed to have optimized corrosion control shall notify the State in writing, pursuant of section 5-1.48(i), of any upcoming long-term change in treatment or addition of a new source. The water system shall obtain approval from the State before implementing the addition of a new source or long-term change in water treatment. The State may require any such system to conduct additional monitoring or to take other action the State deems appropriate to ensure that such systems maintain minimal levels of corrosion in the distribution system.

(1) A system serving more than 50,000 persons shall complete the following corrosion control treatment steps, unless it is deemed to have optimized corrosion control as provided in subdivisions (b)(2) and (b)(3) of this section:

(i) Step 1: The water system shall conduct initial first draw lead and copper tap sampling and water quality parameter sampling in accordance with sections 5-1.42 and 5-1.43. If the lead or copper action level exceeds the 90th percentile, the water system shall conduct source water sampling in accordance with section 5-1.44 within a schedule specified by the State.

(ii) Step 2: The water system shall complete corrosion control studies as specified by the State within 18 months after the end of the monitoring period during which the system exceeds one of the action levels.

(iii) Step 3: The water system shall install optimal corrosion control treatment within 24 months after the State designates such treatment.

(iv) Step 4: After installation of optimal corrosion control treatment, the water system shall complete first draw lead and copper tap sampling and water quality parameter follow-up sampling in accordance with sections 5-1.42(b)(2) and 5-1.43(b)(2) during the two consecutive six-month monitoring periods immediately following installation of treatment.

(v) Step 5: After State designation of water quality parameters for optimal corrosion control treatment, the water system shall operate in compliance with State-designated optimal water quality parameter values in accordance with subdivision (g) of this section; and continue to conduct first draw lead and copper tap sampling and water quality parameter sampling in accordance with sections 5-1.42(b)(3) and 5-1.43(b)(3).

(2) Systems serving 50,000 or fewer persons. Except as provided in subdivision (b) of this section, a system that serves 50,000 or fewer persons shall complete the following corrosion control treatment steps:

(i) Step 1: The water system shall conduct initial first draw lead and copper tap sampling in accordance with section 5-1.42 within a schedule specified by the State. If the lead or copper action level is exceeded at the 90th percentile the water system shall conduct water quality parameter sampling and source water sampling in accordance with sections 5-1.43 and 5-1.44.

(ii) Step 2: The water system shall recommend optimal corrosion control treatment within six months after the end of the monitoring period during which the system exceeds one of the action levels. Within 12 months after the end of the monitoring period during which a system exceeds the lead or copper action level, the State may designate optimal corrosion control treatment or require the system to perform corrosion control studies. If the State requires corrosion control studies to be conducted, the water system shall complete corrosion control studies as specified in subdivision (c)(3) of this section.

(a) Systems serving populations greater than 3,300 but less than 50,000 shall perform such studies within 18 months after the end of the monitoring period during which the system exceeds the lead or copper action level.

(b) Systems serving 3,300 or fewer persons shall perform such studies within 24 months after the end of the monitoring period during which the system exceeds the lead or copper action level.

(iii) Step 3: The water system shall install optimal corrosion control treatment within 24 months after the State designates such treatment.

(3) Content of corrosion control studies. Corrosion control studies shall follow methods that include but are not limited to the following:

(i) an evaluation of the effectiveness of each of the following treatments, and, if appropriate, combinations of the following treatments using standard engineering tests on other systems of similar size, water chemistry and distribution system configuration:

(a) alkalinity and pH adjustment;

(b) calcium hardness adjustment; and

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

(ii) measurements of appropriate water quality parameters to assess performance of corrosion control including: lead; copper; pH; alkalinity; calcium; conductivity; temperature; silica or orthophosphate;

(iii) an assessment of effectiveness of treatment including the potential for adverse effects on other water quality treatment processes; and

(iv) identification of the optimal corrosion control treatment(s) for the system, including a rationale of the treatment steps for consideration by the State.

(4) Conditions for ceasing treatment steps. Any water system that serves 50,000 or fewer people and that is required to complete the corrosion control steps due to its exceedance of 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 lead and copper results from both monitoring periods shall be submitted to the State for approval for ceasing treatment steps. If an action level is exceeded in a later monitoring period the water system shall complete the remaining applicable treatment steps.

(d) Designation of optimal corrosion control treatment. Based upon consideration of available information including, where applicable, corrosion control studies performed under subdivision (c) of this section and a system's proposed treatment alternative, the State will either:

(e) Installation of optimal corrosion control. Each system shall properly install and operate throughout its distribution system the optimal corrosion control treatment(s) approved by the State under subdivision (d) of this section.

(f) State review of treatment and designation of optimal water quality control parameters. Based upon a review of the results of lead and copper tap water samples and water quality parameter samples submitted to the State by the water system from both before and after the installation of optimal corrosion control treatment, the State shall determine whether the system has properly installed and operated the optimal corrosion control treatment, and designate water quality parameter values, or a range of values, within which the system must operate. Such water parameters shall include:

(1) Sample site location.

(i) Each water system shall complete a materials evaluation of its distribution system in order to identify a pool of targeted sampling sites that meets the requirements of this section, and which is sufficiently large to ensure that the water system can collect the number of lead and copper tap samples required in subdivision (a)(3) of this section. All sites from which first draw samples are collected shall be selected from this pool of targeted sampling sites. Sampling sites may not include faucets that have point-of-use or point-of-entry treatment devices designed to remove inorganic contaminants.

(ii) The public water system shall review sources of information listed below in order to identify a sufficient number of sampling sites. In addition, the system shall seek to collect such information, where possible, in the course of its normal operations (e.g., checking service line material when reading water meters or performing maintenance activities):

(a) All plumbing codes, permits, and records in the files of the building department(s) which indicate the plumbing materials that are installed within publicly and privately owned structures connected to the distribution system;

(b) All inspections and records of the distribution system that indicate the material composition of the service connections that connect a structure to the distribution system; and

(c) All existing water quality information which includes the results of all prior analyses of the system or individual structures connected to the system indicating locations that may be particularly susceptible to high lead or copper concentrations.

(iii) The pool of targeted sampling sites for community water systems shall consist of:

(a) Structures containing lead pipes, copper pipes with lead solder installed after 1982; and/or served by a lead service line. Sampling sites shall be selected from the following building types, in this order, until each building type is exhausted before moving to the next building type:

(1) residential single family (Tier 1 sample sites);

(2) multiple-family residence where at least 20 percent of the structures served by the water system are multiple-family residences (Tier 1 sample sites);

(3) any community water system with insufficient tier 1 sampling sites shall complete its sampling pool with “Tier 2 sampling sites”, consisting of buildings, including multiple-family residences that contain copper pipes with lead solder installed after 1982 or lead pipes; and/or served by a lead service line: (Tier 2 sample sites).

(b) Where insufficient sites are available meeting the criteria of clause (a), the sampling pool shall be completed using single family residences that contain copper pipes with lead solder installed before 1983 (Tier 3 samples sites).

(c) Where insufficient sampling sites are available meeting the criteria of clauses (a) and (b), the sampling pool shall be completed using representative sites that contain plumbing materials commonly found throughout the water system’s distribution system.

(d) Any water system whose distribution system contains lead service lines shall draw 50 percent of the samples it collects during each monitoring period from sites that contain lead pipes, or copper pipes with lead solder, and 50 percent of the samples from sites served by a lead service line. A water system that cannot identify a sufficient number of sampling sites served by a lead service line shall collect first-draw samples from all of the sites identified as being served by such lines.

(iv) The pool of targeted sampling sites for a nontransient noncommunity water system shall consist of structures that:

(a) contain copper pipes and leaded solder joints installed after 1982 or contain lead pipes; and/or

(b) are served by a lead service line.

(v) 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. If additional sites are needed to complete the sampling pool, the nontransient non-community water system shall use representative sites throughout the distribution system.

(2) Sample collection methods.

Samples shall be collected in a manner that will reasonably reflect potential lead levels delivered to user taps in accordance with 40 CFR 141.86(b)(2).

(i) All samples for lead and copper shall be collected from user taps and shall be first draw samples with the following exceptions: lead service line samples collected under section 5-1.45(b)(2); or, if a system meets the criteria in section 5-1.47(g) (e.g., prisons and hospitals).

(ii) Each first-draw tap sample for lead and copper shall be one liter in volume and have 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 tap or bathroom sink tap. First-draw samples from a nonresidential building shall be one liter in volume and shall be collected at an interior tap from which water is typically drawn for consumption. Non-first-draw samples collected in lieu of first-draw samples pursuant to subdivision (a)(2)(iii) of this section shall be one liter in volume and shall 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. 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. 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.

(iii) Each service line sample shall be one liter in volume and have stood motionless in the lead service line for at least six hours. Lead service line samples shall be collected in one of the following three ways:

(a) At the 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;

(b) Tapping directly into the lead service line; or

(c) If the sampling site is a building constructed as a single-family residence, allowing the water to run until there is a significant change in temperature which would be indicative of water that has been standing in the lead service line.

(iv) A water system shall collect each first draw tap sample from the same sampling site from which it collected a previous sample. If, for any reason, the water system cannot gain entry to a sampling site 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.

(v) A non-transient non-community water system, or a community water system that meets the criteria of 40 CFR 141.85(b)(7), that does not have enough taps that can supply first draw samples, as defined in 40 CFR 141.2, may apply to the State in writing to substitute non-first-draw samples. Such systems must collect as many first-draw samples from appropriate taps as possible and identify sampling times and locations that would likely result in the longest standing time for the remaining sites. The State has the discretion to waive the requirement for prior State approval of non-first-draw sample sites selected by the system, either through State regulation or written notification to the system.

(3) Number of samples. A water system conducting standard monitoring shall collect at least one lead and copper tap sample during each monitoring period specified in subdivision (b) of this section from the number of sampling sites listed in the table below under “Standard Monitoring.” A water system conducting reduced monitoring shall collect at least one lead and copper tap sample during each monitoring period specified in subdivision (c) of this section from the number of sampling sites listed in the table below under “Reduced Monitoring.” Such reduced monitoring sites shall be representative of the sites required for standard monitoring.

If a public water system has fewer than five drinking water taps that can be used for human consumption and that meet the sample site criteria of subdivision (a)(1)(iii) of this section to reach the required number of sample sites listed in the following table, the system may collect at least one sample from each tap and then collect additional samples from those taps on different days during the monitoring period to meet the required number of sites; or, with written State approval, collect fewer samples provided that all taps that can be used for human consumption are sampled. The State must approve this reduction of the minimum number of samples in writing based on a request from the system or onsite verification by the State. The State must specify sampling locations when a system is conducting reduced monitoring. A public water system may also apply to the State in writing to substitute non-first-draw samples. Such systems must collect as many first-draw samples from appropriate taps as possible and identify sampling times and locations that would likely result in the longest standing time for the remaining sites.

(b) Standard Monitoring. Required samples shall be collected during six-month monitoring periods, beginning January 1 or July 1 of each calendar year.

(1) A system serving 50,000 or fewer persons that meets the lead and copper action levels during each of two consecutive six-month monitoring periods may reduce the number of samples in accordance with subdivision (a)(3) of this section, and reduce the frequency of sampling to once per year. A system serving 50,000 or fewer persons that meets the lead and copper action levels during three consecutive years under reduced monitoring may reduce the frequency of monitoring for lead and copper from annually to once every three years. Samples collected during the initial two six-month monitoring periods may be accepted as monitoring for the first year of a three-year reduced monitoring frequency. A system serving 50,000 or fewer persons collecting fewer than five samples as specified in subdivision (a)(3) of this section that meets the lead and copper action levels during each of two consecutive six-month monitoring periods may reduce the frequency of sampling to once per year. The system may not reduce the number of samples required to below the minimum of one sample per available tap. This sampling shall begin during the calendar year immediately following the end of the second consecutive six-month monitoring period.

(2) Any water system that has optimal corrosion control treatment installed that meets the lead action level and maintains the range of values for optimal corrosion control treatment during each of two consecutive six-month monitoring periods may reduce the frequency of monitoring to once per year and reduce the number of lead and copper samples in accordance with subdivision (a)(3) of this section if it receives written approval from the State. This sampling shall begin during the calendar year immediately following the end of the second consecutive six-month monitoring period. Samples collected during the initial two six-month monitoring periods can be applied to the first year of a three-year reduced monitoring frequency.

Upon written approval from the State, any water system that has optimal corrosion control treatment installed that meets the lead action level and maintains the range of values for the water quality control parameters reflecting optimal corrosion control treatment during three consecutive years of monitoring may reduce the frequency of monitoring for lead and copper from annually to once every three years. Samples collected once every three years shall be collected no later than every third calendar year.

(3) A water system on a reduced monitoring schedule shall collect these samples from representative sites included in the pool of targeted sampling sites identified in subdivision (a) of this section. Systems sampling annually or less frequently shall conduct the lead and copper tap sampling during the months of June, July, August, or September unless the State has approved a different sampling period in accordance with subdivision (c)(3)(i) of this section.

(i) The State, upon request by a water system, may approve a different period for conducting the lead and copper tap sampling for systems on a reduced monitoring schedule. Such a period shall be no longer than four consecutive months and shall represent a time of normal operation where the highest levels of lead are most likely to occur. This sampling shall begin during the calendar year immediately following the end of the second consecutive six-month monitoring period for systems initiating annual monitoring and during the three-year period following the end of the third consecutive calendar year of annual monitoring for systems initiating triennial monitoring.

(ii) Systems monitoring annually, that have been collecting samples during the months of June through September and that receive State approval to alter their sample monitoring period under subdivision (c)(3)(i) of this section, shall collect their next round of samples during a time period that ends no later than 21 months after the previous round of sampling. Systems monitoring triennially that have been collecting samples during the months of June through September, and receive State approval to alter the sampling collection period as per subdivision (c)(3)(i) of this section, shall collect their next round of samples during a time period that ends no later than 45 months after the previous round of sampling. Subsequent rounds of sampling shall be collected annually or triennially, as required by this section. Water systems with waivers that serve 50,000 or fewer persons that have been collecting samples during the months of June through September and choose to alter their sample collection period under subdivision (c)(3)(i) of this section shall collect their next round of samples before the end of the 9 year period.

(4) Any water system that demonstrates for two consecutive 6-month monitoring periods that the tap water lead level is less than or equal to 0.005 mg/L and the tap water copper level is less than or equal to 0.65 mg/L, at the 90th percentile calculated in accordance with section 5-1.41(c), may reduce the number of samples in accordance with subdivision (a)(3) of this section and reduce the frequency of sampling to once every three calendar years.

(5) Conditions requiring a return to standard monitoring.

(i) A system serving 50,000 or fewer persons subject to reduced monitoring that does not have corrosion control treatment installed and that exceeds the lead or copper action level shall resume standard monitoring at the standard number of sampling sites every six months in accordance with subdivision (b) of this section. Such a system shall also conduct water quality parameter monitoring in accordance with section 5-1.43(b). This monitoring shall begin during the six-month monitoring period immediately following the lead or copper action level exceedance with the first monitoring period to begin either January 1 or July 1, whichever comes first. Any such system may resume reduced monitoring if it meets the reduced monitoring criteria as specified in subdivision (c)(1) of this section.

(ii) Any water system that has optimal corrosion control treatment installed that fails to meet the lead action level during any four-month monitoring period, or that fails to operate at or above the minimum value or within the range of values for the water quality parameters specified by the State under section 5-1.41(f) for more than nine days in any six-month monitoring period specified in section 5-1.43(b)(3) shall resume standard monitoring at the standard number of sampling sites every six months in accordance with subdivision (b) of this section, and resume standard monitoring for water quality parameters in accordance with section 5-1.43(b). This standard monitoring shall begin during the six-month monitoring period immediately following the water quality parameter excursion or lead action level exceedance with the first monitoring period to begin either January 1 or July 1, whichever comes first. Any such system may resume reduced monitoring if it meets the reduced monitoring criteria as specified in subdivision (c)(1) of this section.

(6) Any water system subject to reduced monitoring that either adds a new source of water or changes any water treatment shall notify the State in writing within 60 days of any proposed changes. The State may require any system that makes treatment or source changes to resume standard monitoring in accordance with subdivision (b) of this section or take other appropriate steps such as increased water quality parameter monitoring or re-evaluation of its corrosion control treatment given the potentially different water quality considerations. Any proposed changes to add a new source or long-term change in treatment must be consistent with section 5-1.22(a) and approved by the State prior to implementation.

(d) Additional monitoring by systems. The results of any monitoring conducted in addition to the minimum requirements of this section shall be considered by the system and the State in making any determinations (i.e., calculating the 90th percentile lead or copper level) under sections 5-1.40 through 5-1.48.

(e) Invalidation of lead or copper tap water samples. The State may invalidate a lead or copper tap water sample if one of the following conditions is met.

If a sample is invalidated, it does not count toward determining lead or copper 90th percentile levels or toward meeting the minimum monitoring requirements for that system. To invalidate a sample, the decision and the rationale for the decision must be documented in writing.

The system shall submit to the State, for invalidation determination, the results it believes should be invalidated along with supporting documentation and the rationale for supporting invalidation of the samples. If after invalidation of sample results, the system has too few samples to meet minimum sampling requirements, replacement samples shall be taken as soon as possible, but no later than 20 days after invalidation or by the end of the applicable monitoring period, whichever is later. Replacement samples apply only to the monitoring period associated with the original sample, and shall be taken from the same location. If resampling from the same location is not possible or the sample site was invalidated, the resample may be taken from other sites in the sampling pool not already used for sampling during that monitoring period.

(f) Monitoring waivers for systems serving 3,300 or fewer persons. Any water system that serves 3,300 or fewer persons and meets the criteria in this subdivision may be eligible for a waiver to reduce monitoring of lead and copper to once every nine years (“full waiver”), or only for lead, or only for copper (“partial waiver”). 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 as follows:

(1) Lead. To qualify for a full waiver or a waiver of the tap water monitoring requirements of lead (i.e. a “lead waiver”), the water system must provide certification and supporting documentation to the State that the system is free of all lead-containing materials, as follows:

(i) It contains no plastic pipes which contain lead plasticizers, or plastic service lines which contain lead plasticizers; and

(ii) 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 section 5-1.22(a) (Approval of Plans and Completed Works).

(2) Copper. To qualify for a full waiver or a waiver of the tap water monitoring requirements of copper (i.e. a “copper waiver”), the water system must provide certification and supporting documentation to the State that the system contains no copper pipes or copper service lines.

(3) Approval of waiver application. The system will be notified of the State’s determination in writing, setting forth the basis for its decision and any condition of the waiver. The System may be required to perform specific activities (e.g., limited monitoring, periodic outreach to customers to remind them to avoid installation of materials that might void reduced monitoring) to avoid the risk of lead or copper concentration of concern in tap water. A system serving fewer than 3,300 persons must continue monitoring for lead and copper at the tap as required in subdivision (f)(1)-(4) of this section, as appropriate, until it receives written notification that the reduced monitoring has been approved.

(4) 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 subdivision (c)(4) of this section at the reduced number of sampling sites identified in subdivision (a)(3) of this section at least once every nine years and provide the materials certification specified in subdivision (f) of this section for both lead and copper to the State along with the monitoring results. Samples collected every nine years must be collected no later than every ninth calendar year.

(ii) A system with a partial waiver monitoring for a single contaminant must conduct tap water monitoring for that contaminant in accordance with subdivision (c)(4) of this section at the reduced number of sampling sites specified in subdivision (a)(3) of this section at least once every nine years and provide the materials certification specified in subdivision (f) of this section pertaining to the contaminant along with the monitoring results. Such systems must also continue to monitor for the contaminant not on reduced monitoring in accordance with requirements of subdivisions (b)(1) through (b)(3) and (c) of this section, as appropriate.

(iii) Any water system with a full or partial wavier must notify the State in writing in accordance with section 5-1.48(a)(3) of any upcoming long-term change in treatment or addition of a new source. The State must review and approve the addition of a new source or change in water treatment before it is implemented by the water system. The State 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 must notify the State in writing no later than 60 days after becoming aware of such a change.

(5) Continued eligibility. Systems may continue to be eligible for a waiver, and such waiver will renew automatically, unless any of the conditions listed in subparagraphs (i)-(iii) of this paragraph occurs. If a waiver is not renewed, the system shall meet the requirements for action level exceedances or for the three-year reduced monitoring cycle, as appropriate. 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 subdivisions (f)(1) and (f)(2) of this section.

(i) A system with a full waiver or a lead waiver no longer satisfies the materials criteria of subdivision (f)(1)(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 subdivision (f)(2) of this section or has a 90th percentile copper level greater than 0.65 mg/L.

(iii) The State notifies the system, in writing, that the waiver has been revoked, setting forth the basis of its decision.

(6) Requirements following waiver revocation. A system whose full or partial waiver has been revoked by the State 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 as specified in section 5-1.41(c)(2), and any other applicable requirements.

(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 section 5-1.43(a)(2).

(7) Any water system with a full or partial waiver shall notify the State in writing of any upcoming long-term change in treatment or addition of a new source, consistent with section 5-1.22(a) and approved by the State prior to implementation. The State 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 State may 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.

All systems serving over 50,000 persons and systems that exceed the lead or copper action level shall monitor water quality parameters in addition to lead and copper in tap water in accordance with this section.

(1) Sample collection method.

(i) Distribution system (tap) samples shall be representative of water quality throughout the distribution system, taking into account the number of persons served, the different sources of water, the different treatment methods employed by the system, and seasonal variability. Distribution system sampling under this section is not required to be conducted at taps targeted for lead and copper sampling under section 5-1.42(a).

(ii) Entry point samples to the distribution system shall be from locations representative of each source after treatment. If a system draws water from more than one source and the sources are combined before distribution, the system shall sample at entry point(s) representative of normal operating conditions.

(2) Number of samples.

(i) A water system conducting standard monitoring shall collect two samples for applicable water quality parameters during each monitoring period specified in subdivision (b) of this section from the number of distribution system sampling sites listed in the table below under “Standard Monitoring.” A water system conducting reduced monitoring shall collect two samples for applicable water quality parameters during each monitoring period specified in subdivision (c) of this section from the number of distribution system sampling sites listed in the table below under “Reduced Monitoring.” Such reduced monitoring sites shall be representative of the sites required for standard monitoring.

                       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

(ii) A water system conducting monitoring in accordance with subdivision (b)(1) of this section shall collect two entry point samples for each applicable water quality parameter at each entry point to the distribution system during each six-month monitoring period. A water system conducting monitoring in accordance with subdivisions (b)(2), (b)(3), and (c) of this section shall collect one entry point sample for each applicable water quality parameter at each entry point to the distribution system, or each applicable entry point in accordance with subdivision (b)(2)(iii), at the frequency specified in subdivision (b)(2)(ii).

(b) Standard Monitoring. Required samples shall be collected during six-month monitoring periods, beginning January 1 or July 1 of each calendar year.

(1) Initial sampling. All systems serving more than 50,000 persons shall measure the applicable water quality parameters during each six-month monitoring period specified in section 5-1.42(b)(1). All systems serving 50,000 or fewer persons shall measure the applicable water quality parameters during each six-month monitoring period during which the system exceeds the lead or copper action level. Applicable water quality parameters at taps and entry points include: pH; alkalinity; conductivity; water temperature; calcium; and orthophosphate or silica, as appropriate to the corrosion control treatment used.

(2) Monitoring after installation of corrosion control. Any system which installs optimal corrosion control treatment shall measure the water quality parameters at the locations and frequencies specified below during each six-month monitoring period specified in section 5-1.42(b)(2).

(i) two samples shall be collected at taps in the distribution system for the following parameters: pH; alkalinity; calcium; and orthophosphate or silica, as appropriate to the corrosion control treatment used.

(ii) one sample shall be collected at each entry point: Except as provided in subdivision (b)(2)(iii) of this section, at least one sample no less frequently than every two weeks (biweekly) for pH; alkalinity (and a reading of the dosage rate of the chemical used to adjust alkalinity, when alkalinity is adjusted); calcium; orthophosphate or silica, as appropriate to the corrosion control treatment used; and a reading of the dosage rate of the corrosion control treatment chemical used.

(iii) A ground water system may limit entry point sampling described in subdivision (b)(2)(ii) of this section to those entry points that are representative of water quality and treatment conditions throughout the system. If water from untreated ground water sources mixes with water from treated ground water sources, the system shall monitor for water quality parameters both at representative entry points receiving treatment and representative entry points receiving no treatment. Prior to the start of any monitoring under this paragraph, the system shall provide to the State written information identifying the selected entry points and documentation, including information on seasonal variability, sufficient to demonstrate that the sites are representative of water quality and treatment conditions throughout the system.

(3) Monitoring after State specifies water quality parameter values for optimal corrosion control. After the State specifies the values for applicable water quality control parameters reflecting optimal corrosion control treatment, all systems serving more than 50,000 persons and any system serving 50,000 or fewer persons that has optimal corrosion control treatment installed shall measure the applicable water quality parameters during each six-month monitoring period specified in section 5-1.42(b)(3), in accordance with subdivisions (b)(2)(i)-(iii) of this section, and determine compliance with the requirements of section 5-1.41(g) during each six-month monitoring period specified in section 5-1.42(b)(3).

(1) Reducing the number of sampling sites. Any water system that maintains the range of State specified values for the water quality parameters reflecting optimal corrosion control treatment during each of two consecutive six-month monitoring periods under subdivision (b)(3) of this section shall continue monitoring at the entry point(s) to the distribution system as specified in subdivision (b)(2)(ii)-(iii) of this section. Such system may collect two distribution system samples for applicable water quality parameters from the reduced number of sites in accordance with subdivision (a)(2)(i) of this section during each six-month monitoring period.

(2) Reducing sampling frequency.

(i) Any water system that maintains the range of State-specified values for the water quality parameters reflecting optimal corrosion control treatment during three consecutive years of monitoring in accordance with subdivision (c)(1) of this section may reduce the frequency with which it collects the number of distribution system samples for applicable water quality parameters specified in subdivision (c)(1) of this section from every six months to annually. This sampling shall begin during the calendar year immediately following the end of the monitoring period in which the third consecutive year of six-month monitoring occurs. Any water system that maintains the range of State-specified values for the water quality parameters reflecting optimal corrosion control treatment during three consecutive years of annual monitoring under this paragraph may reduce the frequency with which it collects the number of distribution system samples for applicable water quality parameters specified in subdivision (c)(1) of this section from annually to every three years.

(ii) A water system may reduce the frequency with which it collects the number of distribution system samples for applicable water quality parameters specified in subdivision (c)(1) of this section to every three years if it demonstrates during two consecutive monitoring periods that its tap water lead level at the 90th percentile is less than or equal to the PQL for lead specified in section 5-1.40(b)(1), that its tap water copper level at the 90th percentile is less than or equal to 0.65 mg/L for copper, and that it also has maintained the range of values for the water quality parameters reflecting optimal corrosion control treatment specified by the State under section 5-1.41(f).

(iii) Monitoring conducted every three years shall be done no later than every third calendar year.

(3) A water system that conducts reduced sampling frequency shall collect these samples evenly throughout monitoring period in which samples are taken so as to reflect seasonal variability.

(4) Any water system subject to the reduced monitoring frequency that fails to operate at or above the minimum value or within the range of values for the water quality parameters specified by the State under section 5-1.41(f) for more than nine days in any six-month period shall resume distribution system tap water sampling in accordance with the number and frequency requirements in subdivision (b)(3) of this section. The water system may resume annual monitoring for water quality parameters at the tap at the reduced number of sites specified in subdivision (a)(2)(i) of this section after it has completed two subsequent consecutive six-month rounds of monitoring that meet the criteria of that subdivision and/or may resume triennial monitoring for water quality parameters at taps in the distribution system at the reduced number of sites after it demonstrates through subsequent rounds of monitoring that it meets the criteria of either subdivision (c)(2)(i) or (c)(2)(ii) of this section.

(d) Additional monitoring by systems. The results of any monitoring conducted in addition to the minimum requirements of this section shall be considered by the system and the State in making any compliance determinations (i.e., determining concentrations of water quality parameters).

A water system that exceeds the lead or copper action level based on first draw tap water samples collected in accordance with section 5-1.42 shall collect lead and copper source water samples in accordance with the following requirements:

(1) Water systems shall take a minimum of one sample at every entry point to the distribution system which is representative of each source after treatment. The system shall collect each sample at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant. If a system draws water from more than one source and the sources are combined before distribution, the system shall sample at entry point(s) to be representative of normal operating conditions, when water is representative of all sources being used.

(2) The State may reduce the total number of samples which shall be analyzed by allowing the use of compositing. Compositing of samples shall be done by certified laboratory personnel. Composite samples from a maximum of five samples are allowed, provided that the method detection limit (MDL) for lead of 0.001 mg/L is achieved. If the lead concentration in the composite sample is greater than or equal to 0.001 mg/L, or the copper concentration is greater than or equal to 0.160 mg/L, then either:

(i) A follow-up sample shall be taken and analyzed within 14 days at each sampling point included in the composite; or

(ii) If duplicates of or sufficient quantities from the original samples from each sampling point used in the composite are available, the system may use these instead of resampling.

(3) Where the results of sampling indicate an exceedance of State-specified maximum permissible source water levels established under section 5-1.45(a)(4), the State may require that one follow-up sample be collected as soon as possible after the initial sample was taken (but not to exceed two weeks) at the same sampling point. If a State-required follow-up sample is taken for lead or copper, then the results of the initial and follow-up samples shall be averaged to determine compliance with the State-specified maximum permissible levels. Any sample value below the detection limit shall be considered to be zero. Any value above the detection limit but below the practical quantitation limit (PQL) shall either be considered as the measured value or be considered one-half the PQL.

(1) Monitoring frequency after system exceeds tap water action level. Any system which exceeds the lead or copper action level shall collect one source water sample from each entry point to the distribution system no later than six months after the end of the monitoring period during which the lead or copper action level was exceeded. For monitoring periods that are annual or less frequent, the end of the monitoring period is September 30 of the calendar year in which the sampling occurs, or if the State has established an alternate monitoring period, the last day of that period.

(2) Monitoring frequency after installation of source water treatment. Any system which installs source water treatment pursuant to section 5-1.45 shall collect an additional source water sample from each entry point to the distribution system during the two consecutive six-month monitoring periods immediately following the installation of treatment with the first monitoring period to begin either January 1 or July 1, whichever comes first.

(3) Monitoring frequency after State specifies maximum permissible source water levels or determines that source water treatment is not needed.

(i) A system shall monitor at the frequency specified below in cases where the State specifies maximum permissible source water levels or determines that the system is not required to install source water treatment under section 5-1.45.

(a) A water system using only ground water shall collect samples once every three years with the first three year monitoring period to begin January 1 of the year in which the State determination is made under subdivision (b)(3)(i) of this section. Such systems shall collect samples once during each subsequent compliance period. Triennial samples shall be collected in the third calendar year.

(b) A water system using surface water (or a combination of surface and ground water) shall collect samples once during each calendar year with the first annual monitoring period to begin January 1 of the year in which the applicable State determination is made under subdivision (b)(3)(i) of this section.

(ii) A system is not required to conduct source water sampling for lead and/or copper if the system meets the action level for the specific contaminant in tap water samples during the entire source water sampling period applicable to the system under subdivision (b)(3)(i)(a) or (b) of this section.

(1) A water system using only ground water may reduce the monitoring frequency for lead and copper in source water to once every nine-years provided that the samples are collected no later than every ninth calendar year and the system meets one of the following criteria:

(i) The system demonstrates that finished drinking water entering the distribution system has been maintained below the maximum permissible lead and copper concentrations specified by the State under section 5-1.45(a) during at least three consecutive years in which sampling was conducted under subdivision (b)(3)(i) of this section; or

(ii) The State has determined that source water treatment is not needed and the system demonstrates that the concentration of lead in source water was less than or equal to 0.005 mg/L and the concentration of copper in source water was less than or equal to 0.65 mg/L during at least three consecutive applicable monitoring periods in which sampling was conducted under subdivision (b)(3)(i) of this section.

(2) A water system using surface water (or a combination of surface water and ground water) may reduce the monitoring frequency for lead and copper in source water to once during each nine-year compliance cycle provided that the samples are collected no later than every ninth calendar year and if the system meets one of the following criteria:

(ii) The State has determined that source water treatment is not needed and the system demonstrates that, during at least three consecutive years, the concentration of lead in source water was less than or equal to 0.005 mg/L and the concentration of copper in source water was less than or equal to 0.65 mg/L.

(3) A water system that uses a new source of water is not eligible for reduced monitoring for lead and/or copper until concentrations in samples collected from the new source during three consecutive monitoring periods in accordance with subdivision (b)(2) or (3) of this section are below the maximum permissible lead and copper concentrations specified by the State.

A water system that exceeds the lead or copper action level based on first draw tap water samples collected in accordance with section 5-1.42 shall complete the applicable source water monitoring and treatment requirements and operate appropriate treatment to maintain lead and copper below levels specified by the State in accordance with the following requirements.

(a) Water systems that fail to meet the lead action level in tap samples collected after installing corrosion control treatment and/or source water treatment (whichever occurs later) shall replace lead service lines in accordance with the requirements of this section. Water systems that fail to install optimal corrosion control treatment in accordance with section 5-1.41(c) or source water treatment in accordance with section 5-1.45(a)(2) by the date(s) specified by the State may be required to begin replacement of lead service lines.

(1) A water system shall replace annually at least 7 percent of the initial number of lead service lines in its distribution system. The initial number of lead service lines is the number of lead lines in place at the time the replacement program begins. The system shall identify the initial number of lead service lines in its distribution system, including an identification of the portion(s) owned by the system, based on materials evaluation, including the evaluation required under section 5-1.42(a) and relevant legal authorities (e.g. contracts, local ordinances) regarding the portion owned by the system. The first year of lead service line replacement shall begin on the first day following the end of the monitoring period in which the action level was exceeded in tap sampling referenced in subdivision (a) of this section. If monitoring is required annually or less frequently, the end of the monitoring period is September 30 of the calendar year in which the sampling occurs. If an alternate monitoring period applies, then the end of the monitoring period will be the last day of that period.

(2) A water system is not required to replace an individual lead service line if the results of all samples representative of water in the lead service line, collected in accordance with section 5-1.42(a)(2)(iii) of this Subpart, are less than or equal to 0.015 mg/L.

(3) The total number of lines replaced, either entirely or partially per subdivision (c) of this section, shall equal at least 7 percent of the initial number of lead lines identified under subdivision (b)(1) of this section or the percentage specified by the State as per subdivision (d) of this section.

(4) Any water system resuming a lead service line replacement program after the cessation of its lead service line replacement program as allowed by subdivision (f) of this section shall update its inventory of lead service lines to include those sites that were previously determined not to require replacement through the sampling provision under subdivision (c) of this section. The system will then divide the updated number of remaining lead service lines by the number of remaining years in the program to determine the number of lines that shall be replaced per year (7-percent lead service line replacement is based on a 15-year replacement program). For those systems that have completed a 15-year lead service line replacement program, the State will determine a schedule for replacing or re-testing lines that were previously tested under the replacement program if the system re-exceeds the action level.

(c) A water system shall replace the portion of the lead service line that it owns. In cases where the system does not own the entire lead service line, the system shall notify the owner of the line, or the owner’s authorized agent, that the system will replace the portion of the service line that it owns and shall offer to replace the owner’s portion of the line. A system is not required to bear the cost of replacing the privately-owned portion of the line, where the owner chooses not to pay the cost of replacing the privately-owned portion of the line, or where replacing the privately- owned portion would be precluded by State, local or common law. A water system that does not replace the entire length of the service line also shall complete the following tasks:

(d) The State shall require a system to replace lead service lines on a shorter schedule than that required by this section, taking into account the number of lead service lines in the system, where a shorter replacement schedule is feasible. The State shall make this determination in writing and notify the system of its finding within 6 months after the system is triggered into lead service line replacement based on monitoring results referenced in subdivision (a) of this section.

(e) Any water system may cease replacing lead service lines whenever first draw tap water samples meet the lead action level during each of two consecutive six-month monitoring periods. If subsequent rounds of first draw tap water sampling exceed the lead action level the water system shall recommence replacing lead service lines in accordance with subdivision (b) of this section.

(f) To demonstrate compliance with subdivisions (a) through (d) of this section, a system shall report to the State the information specified and no later than the schedule described in 40 CFR 141.90(e).

(a) Notification of results to consumers. All water systems shall provide notice of the individual tap results from lead tap water monitoring carried out under the requirements of section 5-1.42 to the persons served by the water system at the specific sampling site from which the sample was taken (i.e., the occupants of the residence where the tap was tested). Water systems that exceed the lead action level shall sample the tap water of any customer who requests it in accordance with subdivision (i) of this section.

(b) Public education material content and delivery. A water system that exceeds the lead action level based on tap water samples collected in accordance with section 5-1.42 shall deliver public education materials in accordance with paragraphs (1) and (2) of this subdivision.

(1) Content of public education materials.

(i) Community water systems and nontransient noncommunity water systems. Water systems shall include the following elements in printed materials (e.g., brochures and pamphlets) in the same order as listed below. In addition, language in subdivision (b)(1)(i)(a) through (b) and (b)(1)(i)(f) of this section shall be included in the materials, exactly as written, except for the text in brackets in these clauses for which the water system shall include system-specific information. Any additional information presented by a water system shall be consistent with the information below and be in plain language that can be understood by the general public. Water systems shall submit all written public education materials to the State for approval prior to delivery.

(a) IMPORTANT INFORMATION ABOUT LEAD IN YOUR DRINKING WATER. [Insert Name of Water System] found elevated levels of lead in drinking water in some homes/buildings. Lead can cause serious health problems, especially for pregnant women and young children. Please read this information closely to see what you can do to reduce lead in your drinking water.

(b) Health effects of lead. Lead can cause serious health problems if too much enters your body from drinking water or other sources. It can cause damage to the brain and kidneys, and can interfere with the production of red blood cells that carry oxygen to all parts of your body. The greatest risk of lead exposure is to infants, young children, and pregnant women. Scientists have linked the effects of lead on the brain with lowered IQ in children. Adults with kidney problems and high blood pressure can be affected by low levels of lead more than healthy adults. Lead is stored in the bones, and it can be released later in life. During pregnancy, the child receives lead from the mother’s bones, which may affect brain development.

(1) Explain what lead is.

(2) Explain possible sources of lead in drinking water and how lead enters drinking water. Include information on home/building plumbing materials and service lines that may contain lead.

(3) Discuss other important sources of lead exposure in addition to drinking water (e.g., lead-based paint).

(d) Discuss the steps consumers can take to reduce their exposure to lead in drinking water.

(1) Encourage running the water to flush out lead.

(2) Explain concerns with using hot water from the tap and specifically caution against the use of hot water for preparing baby formula.

(3) Explain that boiling water does not reduce lead levels.

(4) Discuss other options consumers can take to reduce exposure to lead in drinking water, such as alternative sources or treatment of water.

(5) Suggest that parents have their child’s blood tested for lead.

(e) Explain why there are elevated levels of lead in the system’s drinking water (if known) and what the water system is doing to reduce the lead levels in homes/buildings in this area.

(f) For more information call us at [Insert Your Number] [(If Applicable), or visit our website at [Insert Your website Here]]. For more information on reducing lead exposure around your home/building and the health effects of lead, visit EPA’s website at http://www.epa.gov/lead or contact your health care provider.

(ii) Community water systems. In addition to including the elements specified in subdivision (b)(1) of this section, community water systems shall:

(a) Tell consumers how to get their water tested.

(b) Discuss lead in plumbing components, the difference between low lead and lead free, the requirement to use lead-free materials, and the standards that materials shall meet in order to be considered lead free.

(iii) Each water system required to deliver public education materials through additional means specified in subdivision (b)(2)(i) through (ii) of this section shall include additional content as determined in consultation with the State.

(2) Delivery of public education materials.

(i) For public water systems serving a large proportion of non-English speaking consumers, as determined by the State, the public education materials shall contain information in the appropriate language(s) regarding the importance of the notice or contain a telephone number or address where persons served may contact the water system to obtain a translated copy of the public education materials or to request assistance in the appropriate language.

(ii) A community water system that exceeds the lead action level and that is not already conducting public education tasks under this section, shall conduct the following public education tasks within 60 days after the end of the monitoring period in which the exceedance occurred. For systems that are required to conduct monitoring annually or less frequently, the end of the monitoring period is September 30 of the calendar year in which the sampling occurs or, if the State has established an alternate monitoring period, the last day of that period:

(a) Deliver printed materials meeting the content requirements of subdivision (a) of this section to all bill paying customers.

(b) Contact consumers who are most at risk by delivering education materials that meet the content requirements of subdivision (a) of this section as follows:

(1) Contact the State for information regarding community based organizations serving target populations and deliver education materials to all appropriate organizations along with an informational notice that encourages distribution to all the organization’s potentially affected customers or community water system’s users as determined in consultation with the State.

(2) Contact customers who are most at risk by delivering materials to the following organizations that are located within the water system’s service area, along with an informational notice that encourages distribution to all the organization’s potentially affected customers or community water system’s users:

(i) Public and private schools or school boards.

(ii) Women, Infants and Children (WIC) and Head Start programs.

(iii) Public and private hospitals and medical clinics.

(iv) Pediatricians.

(v) Family planning clinics.

(vi) Local welfare agencies.

(3) Make a good faith effort to locate the following organizations within the service area and deliver materials, along with an informational notice that encourages distribution to all potentially affected customers or users. The good faith effort to contact at-risk customers may include requesting a specific contact list of these organizations from the State:

(i) Licensed childcare centers.

(ii) Public and private preschools.

(iii) Obstetricians-Gynecologists and Midwives.

(c) No less often than quarterly, provide information on or in each water bill as long as the system exceeds the action level for lead. The message on the water bill shall include the following statement exactly as written except for the text in brackets for which the water system shall include system-specific information: [Insert Name of Water System] found high levels of lead in drinking water in some homes. Lead can cause serious health problems. For more information please call [Insert Name of Water System] [or visit (Insert Your website Here)]. The message or delivery mechanism can be modified in consultation with the State; specifically, the State may allow a separate mailing of public education materials to customers if the water system cannot place the information on water bills.

(d) Post material meeting the content requirements of subdivision (a) of this section on the water system’s website if the system serves a population greater than 100,000 or if the water system maintains a publicly accessible website.

(e) Submit a press release to newspaper, television and radio stations.

(f) In addition to the other requirements of this section, systems shall implement at least three activities from one or more categories listed below. The educational content and selection of these activities must be determined in consultation with the State.

(1) Public service announcements.

(2) Paid advertisements.

(3) Public area informational displays.

(4) E-mails to customers.

(5) Public meetings.

(6) Household deliveries.

(7) Targeted individual customer contact.

(8) Direct material distribution to all multi-family homes and institutions.

(9) Other methods approved by the State.

(c) As long as a community water system exceeds the action level, it shall repeat the activities pursuant to subdivision (c)(1) through (4) of this section.

(d) A nontransient noncommunity water system that exceeds the lead action level and that is not already conducting public education tasks under this section shall conduct the following public education tasks within 60 days after the end of the monitoring period in which the exceedance occurred. For systems that are required to conduct monitoring annually or less frequently, the end of the monitoring period is September 30 of the calendar year in which the sampling occurs or, if the State has established an alternate monitoring period, the last day of that period:

(e) A nontransient noncommunity water system shall repeat the tasks contained in subdivision (d) of this section at least once during each calendar year in which the system exceeds the lead action level. The State may allow activities in this section to extend beyond the 60-day requirement if needed for implementation purposes on a case-by-case basis; however, this extension must be approved in writing by the State in advance of the 60-day deadline.

(f) A water system may discontinue delivery of public education materials if the system has met the lead action level during the most recent six-month monitoring period. Such a system shall recommence public education in accordance with this section if it exceeds the lead action level during any subsequent monitoring period.

(g) A community water system may use only the text specified in subdivisions (b)(1)(i) and (b)(1)(ii) of this section in lieu of the text in subdivisions (b)(1)(i) through (b)(1)(iii) of this section, and to perform the tasks listed in subdivisions (d) and (e) of this section in lieu of the tasks in subdivisions (b)(2)(ii) and (b)(3) of this section if:

(h) A community water system serving 3,300 or fewer people may limit certain aspects of their public education programs as follows:

(i) Consumer requests for lead sampling. A water system that fails to meet the lead action level on the basis of tap samples collected in accordance with section 5-1.42 shall provide assistance in determining lead levels at the tap of any customer who requests it. Systems may collect and analyze the samples, but are not obligated to incur expenses. Systems are also not obligated to collect and analyze samples itself, but shall provide information about laboratories providing this service.

(a) Reporting requirements for tap water monitoring for lead and copper and for water quality parameter monitoring.

(1) Unless the State has specified a more frequent reporting requirement, a water system shall report the following information for all tap water samples specified in section 5-1.42 and for all water quality parameter samples specified in section 5-1.43 to the State within the first ten days following the end of each applicable monitoring period; for monitoring periods with a duration of less than six months, the end of the monitoring period is the last date samples can be collected during that period as specified in sections 5-1.42 and 5-1.43:

(i) results of all first draw lead and copper tap samples collected in accordance with section 5-1.42, including site locations and the criteria used in selecting the site in accordance with section 5-1.42(a)(1);

(ii) documentation for each tap water lead or copper sample for which the water system requests invalidation in accordance with section 5-1.42(e);

(iii) the 90th percentile lead and copper concentrations measured from among all lead and copper tap water samples collected during each monitoring period and calculated in accordance with section 5-1.41(c), unless the State calculates the system’s 90th percentile under subdivision (h) of this section;

(iv) with the exception of initial tap sampling conducted pursuant to section 5-1.42(b)(1)-(3), the system shall identify any site which was not sampled during previous monitoring periods, and include an explanation of changes in sampling sites if any; and

(v) the results of all tap samples for applicable water quality parameters collected in accordance with section 5-1.43(b)-(d).

(vi) The results of all samples collected at the entry point(s) to the distribution system for applicable water quality parameters under section 5-1.43(b)-(d).

(2) For a nontransient noncommunity water system, or a community water system meeting the criteria of section 5-1.47(b)(2)(g) that does not have enough taps that can provide first-draw samples, the system shall provide written documentation to the State identifying standing times and locations for enough first-draw samples to make up its sampling pool by the start of the first applicable monitoring period in accordance with section 5-1.42(a)(3) or, identify in writing, each site that did not meet the six-hour minimum standing time and the length of time for that particular substitute sample collected, and include this information with the lead and copper tap sample results that are required to be submitted pursuant to subdivision (a)(1)(i) of this section.

(3) At a time specified by the State, or if no specific time is designated by the State, then as early as possible prior to the addition of a new source or any long-term change in water treatment, a water system deemed to have optimized corrosion control, a water system subject to reduced monitoring pursuant, or a water system subject to a monitoring waiver pursuant, shall submit written documentation to the State describing the change or addition as required under section 5-1.22(a). A water system shall obtain approval from the State before implementing the addition of a new source or long-term change in water treatment. Examples of long-term treatment changes include the addition of a new treatment process or modification of an existing treatment process. Examples of modifications include switching secondary disinfectants, switching coagulants (e.g., alum to ferric chloride), and switching corrosion inhibitor products (e.g., orthophosphate to blended phosphate). Long-term changes can include dose changes to existing chemicals if the system is planning long-term changes to its finished water pH or residual inhibitor concentration. Long-term treatment changes would not include chemical dose fluctuations associated with daily raw water quality changes.

(4) Any system serving 3,300 or fewer persons applying for a monitoring waiver pursuant to section 5-1.42(f), shall provide the following information to the State in writing by the specified deadline:

(i) By the start of the first applicable monitoring period, any system serving 3,300 or fewer persons applying for a monitoring waiver shall provide the documentation required to demonstrate that it meets the requirements of section 5-1.42(f).

(ii) No later than nine years after the monitoring previously conducted pursuant to section 5-1.42(b) or (c), each system serving 3,300 or fewer persons desiring to maintain its monitoring waiver shall provide the information required by section 5-1.42(f)(1)-(3).

(iii) No later than 60 days after it becomes aware that it is no longer free of lead-containing and/or copper containing material, as appropriate, each system serving 3,300 or fewer persons with a monitoring waiver shall provide written notification to the State, stating the circumstances resulting in the lead-containing and/or copper-containing materials being introduced into the system and what corrective action, if any, the system plans to remove these materials.

(4) Each ground water system that limits water quality parameter monitoring to a subset of entry points under section 5-1.43(b)(2)(iii) shall provide by the commencement of such monitoring, written correspondence to the State that identifies the selected entry points and includes information sufficient to demonstrate that the sites are representative of water quality and treatment conditions throughout the system.

(c) Corrosion control treatment reporting requirements. By the applicable dates under section 5-1.41(c) or a date specified by the State, systems shall report the following:

(d) Source water treatment reporting requirements. In accordance with section 5-1.45, systems shall report the following:

(e) Lead service line replacement reporting requirements. Water systems subject to the requirements of section 5-1.46 shall report the following to demonstrate compliance with that section:

(1) No later than 12 months after the end of a monitoring period in which a system exceeds the lead action level in sampling referred to in section 5-1.46(a), the system shall submit written documentation to the State of the material evaluation conducted as required in section 5-1.42(a), identify the initial number of lead service lines in its distribution system at the time the system exceeds the lead action level, and provide the system’s schedule for annually replacing at least 7 percent of the initial number of lead service lines in its distribution system.

(2) No later than 12 months after the end of a monitoring period in which a system exceeds the lead action level in sampling referred to in section 5-1.46(a), and every 12 months thereafter, the system shall demonstrate to the State in writing that the system has either:

(i) replaced in the previous 12 months at least 7 percent of the initial lead service lines in its distribution system; or

(ii) conducted sampling which demonstrates that the lead concentration in all service line samples from an individual line(s), meeting the requirements of section 5-1.46(b)(2), is less than or equal to 0.015 mg/L. In such cases, the total number of lines replaced and/or which meet the criteria in section 5-1.46(b)(2) shall equal at least 7 percent of the initial number of lead lines identified under subdivision (e)(1) of this section or the percentage specified by the State under section 5-1.46(d).

(3) The annual letter submitted to the State under subdivision (e)(2) of this section shall contain the following information:

(i) the number of lead service lines replaced during the previous year of the system’s replacement schedule;

(ii) the number and location of each lead service line replaced during the previous year of the system’s replacement schedule; and

(iii) if measured, the lead concentration in the water and the location of each lead service line sampled, the sampling method, and the date of sampling.

(4) Any system which collects lead service line samples following partial lead service line replacement in accordance with section 5-1.46(c)(1) shall report the results to the State within the first ten days of the month following the month in which the system receives the laboratory results, or as specified by the State. Systems shall also report any additional information as specified by the State, and in a time and manner prescribed by the State, to verify that all partial lead service line replacement activities have taken place.

(f) Public education reporting requirements. Water systems shall report the following to demonstrate compliance with requirements of section 5-1.47:

(g) Reporting of additional monitoring data. Any system which collects sampling data in addition to that required by this sections 5-1.40 through 5-1.48, including data collected in accordance with section 5-1.41(b)(6), and sections 5-1.42(d), and 5-1.43(d), shall report the results to the State within the first ten days following the end of the applicable monitoring period during which the samples were collected.

(h) Reporting the 90th percentile lead and copper concentration where the State calculates a system’s 90th percentile concentrations. A water system is not required to report the 90th percentile lead and copper concentration measured from among all lead and copper tap water samples collected during each monitoring period, as required by subdivision (a)(1)(iii) of this section if:

(i) Prior to the addition of a new source or any long-term change in water treatment, a water system deemed to have optimized corrosion control under section 5-1.41(b), a water system subject to reduced monitoring under section 5-1.42(c), or a water system subject to a monitoring waiver under section 5-1.42(f) shall submit written documentation to the State describing the proposed change or addition within a timeframe specified by the State, or if no specific time is designated by the State, then as early as possible.

(j) Recordkeeping requirements. Any system subject to the requirements of sections 5-1.40 through 5-1.48 shall retain on its premises original records of all sampling data and analyses, reports, surveys, letters, evaluations, schedules, State approvals and determinations, and any other information required by section 5-1.41 through 5-1.48. Each water system shall retain the records required by this section for no fewer than 12 years.

Control of Copper and Lead in Drinking Water