Cal. Code Regs. Tit. 22, § 64688 - Lead Service Line Replacement

(a) A system shall replace lead service lines if:

(1) It has a lead action level exceedance in tap samples after installing corrosion control and/or source water treatment (whichever sampling occurs later) and/or

(2) It is in violation for failure to install source water treatment or CCT.

(b) Within 6 months after it has a lead action level exceedance, the system shall demonstrate in writing that it has conducted a materials evaluation including that in section 64676 (Sample Site Selection) to identify the initial number of lead service lines in its distribution system, and shall submit both the demonstration and a schedule for complying with subsection (c) to the Department.

(c) Except as provided in subsection (e), a system that is required to conduct lead service line replacement shall annually replace at least 7 percent of the initial number of lead service lines in its distribution system, pursuant to the following.

(1) At the time the lead service line replacement begins, the system shall identify the initial number of lead service lines in its distribution system based on the evaluation in section 64676 (Sample Site Selection).

(2) The first year of lead service line replacement shall begin on the date the system first had a lead action level exceedance subsequent to its installation of CCT and, if required pursuant to section 64686, source water treatment.

(3) The system is not required to replace an individual lead service line if the lead concentration in each and every service line sample from that line, taken pursuant to the section 64687 (Lead Service Line Sampling), is less than or equal to 0.015 mg/L.

(4) The system shall replace that portion of the lead service line that it owns and keep ownership documentation in its files and offer to replace the building owner's portion of the line with the cost being borne by the building owner. If the building owner does not accept the offer, the system shall:

(A) At least 45 days prior to commencing the partial replacement, notify the resident(s) of all buildings served by the line that they may experience a temporary increase of lead levels in their drinking water, along with guidance on measures they may take to minimize their exposure. If the replacement is in conjunction with emergency repairs, the Department will allow a shorter notice, depending on the nature of the emergency and the timing involved. The notice shall be mailed unless an alternate method is approved by the Department, based on the feasibility of insuring that all consumers receive the notice; and

(B) Inform the resident(s) that the system will collect a first flush tap water sample within 72 hours after the partial replacement of the service line has been completed if the resident(s) so desire. If the resident(s) accept the offer, the system shall collect the sample and report the results to the resident(s) and the owner within three business days of receiving the results and to the Department.

(d) Within 12 months after the lead action level exceedance, and every 12 months thereafter, the system shall submit in writing to the Department the number of lead service lines scheduled to be replaced during the previous year of the system's replacement schedule, along with the following information to the Department:

(1) The number and location of each lead service line replaced during the previous year of the system's replacement schedule to demonstrate that it has replaced at least 7 percent of the initial lead service lines within the previous 12 months, or a greater number of lines if required by the Department; or

(2) Lead service line sampling results that demonstrate that the lead level from an individual line(s) is less than or equal to 0.015 mg/L, pursuant to section 64689 (Lead Service Line Sampling). The system shall submit the results of the lead service line sampling including the lead levels, location of each lead service line sampled, the sampling method, and the date of sampling. It shall also include the number and location of each lead service line replaced during the previous year. In such cases, the total number of lines replaced and/or that meet the criteria shall equal at least 7 percent of the initial number of lead lines identified or the percentage required by the Department.

(e) A system shall replace lead service lines at a faster rate than that required by subsection (b), taking into account the number of lead service lines in the system, if the Department determines either that this is necessary based on elevated blood lead levels in the population served, or that it is feasible to complete the lead service line replacement program in a shorter time without increasing the water rates to the customers.

(f) A system may cease replacing lead service lines when it has two consecutive periods without a lead action level exceedance. If the system has a lead action level exceedance during any subsequent period, it shall recommence replacing lead service lines.

Notes

Cal. Code Regs. Tit. 22, § 64688

1. New section filed 12-11-95 as an emergency; operative 12-11-95 (Register 95, No. 50). A Certificate of Compliance must be transmitted to OAL by 4-9-96 or emergency language will be repealed by operation of law on the following day.
2. Refiling of 12-11-95 order, including amendment of NOTE, filed 4-9-96 as an emergency; operative 4-10-96 (Register 96, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-8-96 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-11-95 order, including amendment of subsections (c)(1)-(2) and (c)(4), transmitted to OAL 8-7-96 and filed 9-16-96 (Register 96, No. 38).
4. Repealer of former article 8 (sections 64689-64690), new article 8 (sections 64688-64689) and repealer and new section filed 9-11-2003; operative 10-11-2003 (Register 2003, No. 37).

Note: Authority cited: Sections 100275, 116350, 116365, 116375 and 116385, Health and Safety Code. Reference: Sections 116325- 116750, Health and Safety Code.

1. New section filed 12-11-95 as an emergency; operative 12-11-95 (Register 95, No. 50). A Certificate of Compliance must be transmitted to OAL by 4-9-96 or emergency language will be repealed by operation of law on the following day.
2. Refiling of 12-11-95 order, including amendment of Note, filed 4-9-96 as an emergency; operative 4-10-96 (Register 96, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-8-96 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-11-95 order, including amendment of subsections (c)(1)-(2) and (c)(4), transmitted to OAL 8-7-96 and filed 9-16-96 (Register 96, No. 38).
4. Repealer of former article 8 (sections 64689-64690), new article 8 (sections 64688-64689) and repealer and new section filed 9-11-2003; operative 10-11-2003 (Register 2003, No. 37).