Mich. Admin. Code R. 325.10604f - Treatment techniques for lead and copper
Rule 604f.
(1)
Treatment techniques for lead and copper are as follows:
(a) This rule,
R 325.10410, and
R 325.10710a to
R 325.10710d are the requirements
for lead and copper and apply to community and nontransient noncommunity water
supplies. These public water supplies are considered "water supplies" or
"supplies" in this rule,
R 325.10410, and
R 325.10710a to
R 325.10710d.
(b) These rules establish a treatment
technique that includes requirements for corrosion control treatment, source
water treatment, lead service line replacement, and public education. These
requirements are triggered, in some cases, by lead and copper action levels
measured in samples that are collected at consumers' taps.
(c) Through December 31, 2024, the lead
action level is exceeded if the ninetieth percentile lead level is more than
0.015 milligrams per liter (mg/l) in tap water samples collected during a
monitoring period conducted under
R 325.10710a. Beginning January 1,
2025, the lead action level is exceeded if the ninetieth percentile lead level
is more than 0.012 mg/l in tap water samples collected during a monitoring
period conducted under
R 325.10710a. The copper action
level is exceeded if the ninetieth percentile copper level is more than 1.3
mg/l in tap water samples collected during a monitoring period conducted under
R 325.10710a. The ninetieth
percentile lead and copper levels shall be computed as follows:
(i) The highest lead result or the highest
copper result from each sampling site 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 1 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.
(ii) The number of samples
taken during the monitoring period shall be multiplied by 0.9.
(iii) The contaminant concentration in the
numbered sample yielded by the calculation in paragraph (ii) of this
subdivision is the ninetieth percentile contaminant level.
(iv) If a total of 5 samples are collected
per monitoring period, the ninetieth percentile is computed by taking the
average of the highest and second highest concentrations.
(v) For a water supply that has been allowed
by the department to collect fewer than 5 samples under
R 325.10710a(3),
the sample result with the highest concentration is considered the 90th
percentile value.
(d) A
supply shall install and operate optimal corrosion control treatment on the
system under subrules (2) and (3) of this rule. A supply that is in compliance
with the applicable corrosion control treatment requirements specified by the
department under subrules (2) and (3) of this rule is in compliance with the
treatment requirement.
(e) A supply
exceeding the lead or copper action level shall implement all applicable source
water treatment requirements specified by the department under subrule (4) of
this rule.
(f) A supply exceeding
the lead action level after implementation of applicable corrosion control and
source water treatment requirements shall complete the lead service line
replacement requirements contained in subrule (5) of this rule. All other
supplies shall complete the lead service line replacement requirements
contained in subrule (6) of this rule.
(g) Under
R 325.10410, all water supplies
shall provide a consumer notice of lead and copper tap water monitoring results
to persons served at the sites (taps) that are tested. A supply exceeding the
lead action level shall implement the public education requirements specified
in
R 325.10410.
(h) Tap water monitoring for lead and copper,
monitoring for water quality parameters, source water monitoring for lead and
copper, and analyses of the monitoring results under this subrule shall be
completed under
R 325.10605,
R 325.10710a,
R 325.10710b, and
R 325.10710c.
(i) A supply shall report, to the department,
the information required by the treatment provisions of this subrule and
R 325.10710d.
(j) A supply shall maintain records under
R
325.11506(1)(e).
(k) Failure to comply with the applicable
requirements of this rule,
R 325.10410,
R 325.10710a,
R 325.10710b,
R 325.10710c,
R 325.10605,
R 325.10710d, and
R
325.11506(1)(e) constitutes a
violation of these rules for lead or copper, as applicable.
(l) When notified of a new source or
long-term change in treatment as required under
R
325.10710d(a)(iii), the department
may require the supply to conduct a new or updated corrosion control study as
described in R 325.10604f(3)(c), additional monitoring, or other action the
department considers appropriate to ensure the supply maintains optimal
corrosion control.
(m) The
department may require the supply to conduct a new or updated corrosion control
study as described in R 325.10604f(3)(c).
(2) Corrosion control treatment steps apply
to small, medium size, and large water supplies as follows:
(a) A supply shall complete the applicable
corrosion control treatment requirements described in subrule (3) of this rule
by the deadlines established in this rule. A large water supply (serving more
than 50,000 persons) shall complete the corrosion control treatment steps
specified in subdivision (d) of this subrule, unless the supply is considered
to have optimized corrosion control under subdivision (b) (ii) or (iii) of this
subrule. A small water system (serving 3,300 or fewer persons) and a medium
size water system (serving more than 3,300, but fewer than 50,001 persons)
shall complete the corrosion control treatment steps specified in subdivision
(e) of this subrule unless the supply is considered to have optimized corrosion
control under subdivision (b)(i), (ii), or (iii) of this subrule.
(b) A supply is considered to have optimized
corrosion control and is not required to complete the applicable corrosion
control treatment steps identified in subrule (3) of this rule if the supply is
in compliance with 1 of the criteria specified in paragraphs (i) to (iii) of
this subdivision. A supply which is considered to have optimized corrosion
control under this subdivision and which has treatment in place, or is
receiving water from a supply considered optimized under this subdivision,
shall continue to operate and maintain optimal corrosion control treatment and
meet the requirements that the department determines appropriate to ensure
optimal corrosion control treatment is maintained. All of the following
provisions apply to being considered to have optimized corrosion control:
(i) A small or medium size water supply is
considered to have optimized corrosion control if the supply is in compliance
with the lead and copper action levels during each of 2 consecutive 6-month
monitoring periods during which monitoring is conducted under
R 325.10710a.
(ii) A water supply may be considered by the
department to have optimized corrosion control treatment if the supply
demonstrates, to the satisfaction of the department, that it has conducted
activities equivalent to the corrosion control steps applicable to the system
under subrule (3) of this rule. Supplies considered to have optimized corrosion
control under this subdivision shall operate in compliance with the department
designated optimal water quality control parameters under subrule (3)(g) of
this rule and continue to conduct lead and copper tap and water quality
parameter sampling under
R
325.10710a(4)(c) and
R 325.10710b(4),
respectively. A supply shall provide the department with all of the following
information to support a determination under this subdivision:
(A) The results of all test samples collected
for each of the water quality parameters specified in subrule (3)(c)(iii) of
this rule.
(B) A report that
explains the test methods used by the water supply to evaluate the corrosion
control treatments listed in subrule (3) of this rule, the results of all tests
conducted, and the basis for the supply's selection of optimal corrosion
control treatment.
(C) A report
that explains how corrosion control has been installed and how it is being
maintained to ensure minimal lead and copper concentrations at consumers'
taps.
(D) The results of tap water
samples collected under
R 325.10710a at least once every 6
months for 1 year after corrosion control has been installed.
(iii) A water supply is considered
to have optimized corrosion control if it submits results of tap water
monitoring conducted under
R 325.10710a and source water
monitoring conducted under
R 325.10710c that demonstrates,
for 2 consecutive 6-month monitoring periods, that the difference between the
ninetieth percentile tap water lead level computed under subrule (1)(c) of this
rule and the highest source water lead concentration is less than the practical
quantitation level for lead. In addition, all of the following provisions
apply:
(A) A supply whose highest source
water lead level is below the method detection limit is considered to have
optimized corrosion control under this paragraph if the supply's ninetieth
percentile tap water lead level is less than or equal to the practical
quantitation level for lead for 2 consecutive 6-month monitoring
periods.
(B) A water supply
considered to have optimized corrosion control under this paragraph shall
continue monitoring for lead and copper at the tap not less frequently than
once every 3 calendar years using the reduced number of sites specified in
R 325.10710a(3)
and collecting the samples at times and locations specified in
R
325.10710a(4)(d)(iv).
(C) A water supply considered to have
optimized corrosion control under this subdivision shall notify the department,
in writing, under
R
325.10710d(a)(iii) of an upcoming
long-term change in treatment or addition of a new source as described in that
subdivision. The department shall review and approve the addition of a new
source or long-term change in water treatment before it is implemented by the
water supply. The department may require the supply to conduct additional
monitoring or to take other action the department considers appropriate
consistent with the requirements of R 325.10604f(2) to ensure that the supply
maintains minimal levels of corrosion in the distribution system.
(D) As of July 12, 2001, a supply is not
considered to have optimized corrosion control under this subdivision, and
shall implement corrosion control treatment under subparagraph (E) of this
paragraph unless it meets the copper action level.
(E) A supply that is no longer considered to
have optimized corrosion control under this subdivision shall implement
corrosion control treatment under the deadlines in subdivision (e) of this
subrule. A large water supply shall adhere to the schedule specified in that
subdivision for medium size water supplies, with the time periods for
completing each step being triggered by the date the supply is no longer
considered to have optimized corrosion control under this
subdivision.
(c) If a small or medium size water supply
exceeds the lead or copper action level and the supply is required to perform
the corrosion control treatment steps, the supply may cease completing the
treatment steps when the supply is in compliance with both action levels during
each of 2 consecutive monitoring periods conducted under
R 325.10710a and the supply
submits the results to the department. If the supply thereafter exceeds the
lead or copper action level during a monitoring period, the supply shall
recommence the applicable treatment steps beginning with the first treatment
step that was not previously completed in its entirety. The department may
require a to repeat treatment steps that were previously completed by the
supply if the department determines that this is necessary to properly
implement the treatment requirements of this rule. The department shall notify
the supply in writing of the determination and explain the basis of the
decision. If a small or medium size water supply exceeds the lead or copper
action level, the supply, including supplies considered to have optimized
corrosion control under subdivision (b) of this subrule, shall implement
corrosion control treatment steps under subdivision (e) of this
subrule.
(d) Except as provided in
subdivision (b)(ii) and (iii) of this subrule, a large water supply shall
complete all of the following corrosion control treatment steps by the
indicated dates:
(i) Step 1: A supply shall
conduct initial monitoring during 2 consecutive 6-month monitoring periods by
January 1, 1993.
(ii) Step 2: A
supply shall complete corrosion control studies by July 1, 1994.
(iii) Step 3: By January 1, 1997, a shall
install optimal corrosion control treatment as designated by the
department.
(iv) Step 4: A supply
shall complete follow-up sampling by January 1, 1998.
(v) Step 5: A supply shall operate in
compliance with the department specified optimal water quality control
parameters and continue to conduct tap sampling.
(e) Except as provided in subdivision (b) of
this subrule, small and medium size water supplies shall complete all of the
following corrosion control treatment steps by the indicated time periods:
(i) Step 1: A supply shall conduct initial
tap sampling under R 325.10604f(3)(a) until the supply either exceeds the lead
or copper action level or becomes eligible for reduced monitoring. The supply
that exceeds the lead or copper action level shall recommend optimal corrosion
control treatment within 6 months after the end of the monitoring period during
which it exceeds 1 of the action levels.
(ii) Step 2: Within 12 months after the end
of the monitoring period during which a supply exceeds the lead or copper
action level, the department may require the supply to perform corrosion
control studies under subdivision (3)(b) of this rule. If the department does
not require the supply to perform the studies, the department shall specify
optimal corrosion control treatment under subdivision (3)(d) of this rule
within the following timeframes:
(A) For
medium-size supplies, within 12 months after the end of the monitoring period
during which the supply exceeds the lead or copper action level.
(B) For small supplies, within 12 months
after the end of the monitoring period during which the supply exceeds the lead
or copper action level.
(iii) Step 3: If the department requires a
supply to perform corrosion control studies under subdivision (3)(b) of this
rule, the supply shall complete the studies within 12 months after the
department requires that the studies be conducted. If the supply has performed
corrosion control studies under paragraph (ii) of this subdivision, the
department shall designate optimal corrosion control treatment under
subdivision (3)(d) of this rule within 6 months after completion of the
corrosion control studies.
(iv)
Step 4: A supply shall install optimal corrosion control treatment within 12
months after the department designates the treatment.
(v) Step 5: A supply shall complete follow-up
sampling under
R
325.10710a(4)(b) within 24 months
after the department designates optimal corrosion control treatment. The
department shall review the supply's installation of treatment and designate
optimal water quality control parameters under R 325.10604f(3)(d)(ii) within 6
months after the supply's completion of follow-up sampling.
(vi) Step 6: A supply shall operate in
compliance with the department designated optimal water quality control
parameters under R 325.10604f(3)(d)(ii) and continue to conduct tap sampling
under
R
325.10710a(4)(c) and
R
325.10710b(6).
(3) A water supply shall complete
all the corrosion control treatment requirements described in this subrule that
are applicable to the system under subrule (2) of this rule. All of the
following apply:
(a) Based on the results of
lead and copper tap monitoring and water quality parameter monitoring, small
and medium size water systems that exceed the lead or copper action level shall
recommend the installation of 1 or more of the corrosion control treatments
listed in subdivision (c)(i) of this subrule that the supply believes
constitutes optimal corrosion control for that system. The department may
require the supply to conduct additional water quality parameter monitoring
under
R 325.10710b(4)
to assist the department in reviewing the supply's recommendation.
(b) When required by the department, a small
or medium size water supply that exceeds the lead or copper action level shall
perform corrosion control studies under subdivision (c) of this subrule to
identify optimal corrosion control treatment for the supply.
(c) Perform corrosion control studies as
follows:
(i) A water supply that performs
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 that supply:
(A) Alkalinity and pH adjustment.
(B) Calcium hardness adjustment.
(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) The water supply shall evaluate each of
the corrosion control treatments using pipe rig/loop tests, metal coupon tests,
partial system tests, or analyses based on documented analogous treatments with
other water supplies of similar size, water chemistry, and distribution system
configuration.
(iii) A water supply
shall measure all of the following water quality parameters in tests conducted
under this paragraph before and after evaluating the corrosion control
treatments listed in paragraph (i)(A) to (C) of this subdivision:
(A) Lead.
(B) Copper.
(C) pH.
(D) Alkalinity.
(E) Calcium.
(F) Conductivity.
(G) Orthophosphate, when an inhibitor
containing a phosphate compound is used.
(H) Silicate, when an inhibitor containing a
silicate compound is used.
(I)
Water temperature.
(J)
Sulfate.
(K) Chloride.
(iv) The water supply shall
identify all chemical or physical constraints that limit or prohibit the use of
a particular corrosion control treatment and shall document the constraints
with 1 or both of the following:
(A) Data and
documentation demonstrating that a particular corrosion control treatment has
adversely affected other water treatment processes when used by another water
supply with comparable water quality characteristics.
(B) Data and documentation demonstrating that
the supply 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.
(v) A water supply shall evaluate the effect
of the chemicals used for corrosion control treatment in other water quality
treatment processes.
(vi) On the
basis of an analysis of the data generated during each evaluation, a water
supply shall recommend, to the department, in writing, the treatment option
that the corrosion control studies indicate constitutes optimal corrosion
control treatment for that supply. The water system shall provide a rationale
for its recommendation together with all supporting documentation specified in
paragraphs (i) to (v) of this subdivision.
(d) Department designation of optimal
corrosion control treatment shall be as follows:
(i) Based on consideration of available
information, including, where applicable, studies performed under subdivision
(c) of this subrule and a supply's recommended treatment alternative, the
department will either approve the corrosion control treatment option
recommended by the supply or will designate alternative corrosion control
treatment from the treatment specified in subdivision (c)(i) of this subrule.
When designating optimal treatment, the department shall consider the effects
that additional corrosion control treatment will have on water quality
parameters and on other water quality treatment processes.
(ii) The department shall notify the supply
of its decision on optimal corrosion control treatment in writing and explain
the basis for this determination. If the department requests additional
information to aid its review, the water supply shall provide the
information.
(e) Each
supply shall properly install and operate, throughout its distribution system,
the optimal corrosion control treatment designated by the department.
(f) The department shall evaluate the results
of all lead and copper tap samples and water quality control parameter samples
submitted by the water supply and determine whether the supply has properly
installed and operated the optimal corrosion control treatment designated by
the department in subdivision (d) of this subrule. Upon reviewing the results
of tap water and water quality control parameter monitoring by the supply, both
before and after the supply installs optimal corrosion control treatment, the
department shall designate all of the following:
(i) A minimum value or a range of values for
pH measured at each entry point to the distribution system.
(ii) A minimum pH value, measured in all tap
samples. Such value shall be equal to or greater than 7.0, unless the
department determines that meeting a pH level of 7.0 is not technologically
feasible or is not necessary for the supply to optimize corrosion
control.
(iii) If a corrosion
inhibitor is used, a minimum concentration or a range of concentrations for the
inhibitor, measured at each entry point to the distribution system and in all
tap samples, that the department determines is necessary to form a passivating
film on the interior walls of the pipes of the distribution system.
(iv) If alkalinity is adjusted as part of
optimal corrosion control treatment, a minimum concentration or a range of
concentrations for alkalinity, measured at each entry point to the distribution
system and in all tap samples.
(v)
If calcium carbonate stabilization is used as part of corrosion control, a
minimum concentration or a range of concentrations for calcium, measured in all
tap samples.
(vi) The department
may designate values for additional water quality control parameters determined
by the department to reflect optimal corrosion control for the supply. The
department shall notify the supply in writing of these determinations and
explain the basis for its decision.
(g) All supplies optimizing corrosion control
shall continue to operate and maintain optimal corrosion control treatment,
including maintaining water quality parameters at or above minimum values or
within ranges designated by the department, under this subdivision for all
samples collected under
R 325.10710b(6) to
(8). Compliance with the requirements of this
subdivision shall be determined every 6 months, as specified under
R 325.10710b(6).
A water system is out of compliance with the requirements of this subdivision
for a 6-month period if it has excursions for a department specified parameter
on more than 9 days during the period. An excursion occurs when the daily value
for 1 or more of the water quality parameters measured at a sampling location
is below the minimum value or outside the range designated by the department.
The department may delete results of obvious sampling errors from this
calculation. Daily values are calculated as follows:
(i) On days when more than 1 measurement for
the water quality parameter is collected at the sampling location, the daily
value shall be the average of all results collected during the day regardless
of whether they are collected through continuous monitoring, grab sampling, or
a combination of both.
(ii) On days
when only 1 measurement for the water quality parameter is collected at the
sampling location, the daily value shall be the result of that
measurement.
(iii) On days when a
measurement is not collected for the water quality parameter at the sampling
location, the daily value shall be the daily value calculated on the most
recent day on which the water quality parameter was measured at the sample
site.
(h) The
department's determination of the optimal corrosion control treatment specified
in subdivision (d) of this subrule or optimal water quality control parameters
may be modified by the department. If a request for modification is by a supply
or other interested person, the request shall be in writing, shall explain why
the modification is appropriate, and shall provide supporting documentation.
The department may modify its determination where it concludes that a change is
necessary to ensure that the supply continues to optimize corrosion control
treatment.
(4) A water
supply shall complete the applicable source water monitoring and treatment
requirements by the following deadlines:
(a)
The deadlines for completing source water treatment steps are as follows:
(i) Step 1: A supply exceeding the lead or
copper action level shall complete lead and copper source water monitoring
under
R 325.10710c(2)
and make a treatment recommendation to the department under paragraph (b)(i) of
this subdivision not later than 180 days after the end of the monitoring period
during which the lead or copper action level was exceeded. The department shall
make a determination regarding source water treatment under paragraph (b)(ii)
of this subrule within 6 months after submission of monitoring results under
this paragraph.
(ii) Step 2: If the
department requires installation of source water treatment, the supply shall
install the treatment within 24 months after the date of written notification
by the department under paragraph (i) of this subdivision.
(iii) Step 3: The supply shall complete
follow-up tap water monitoring under
R
325.10710a(4)(b) and source water
monitoring under
R 325.10710c(3)
within 36 months after the date of written notification by the department under
paragraph (i) of this subdivision. The department shall review the supply's
installation and operation of source water treatment and specify maximum
permissible source water levels under R 325.10604f(4)(b)(iv) within 6 months
after completion of the follow-up tap water monitoring and source water
monitoring of this paragraph.
(iv)
Step 4: A supply shall operate in compliance with the department specified
maximum permissible lead and copper source water levels and shall continue
source water monitoring.
(b) Source water treatment requirements are
as follows:
(i) A system that exceeds the lead
or copper action level shall recommend, in writing, to the department, the
installation and operation of 1 of the source water treatments listed in
paragraph (ii) of this subdivision. A supply may recommend that no treatment be
installed based on a demonstration that source water treatment is not necessary
to minimize lead and copper levels at users' taps.
(ii) The department shall complete an
evaluation of the results of all source water samples submitted by the supply
to determine whether source water treatment is necessary to minimize lead or
copper levels in water delivered to users' taps. If the department determines
that source water treatment is needed to minimize lead or copper levels in
water that is delivered to users' taps, the department will either require
installation and operation of the source water treatment recommended by the
supply or require the installation and operation of another source water
treatment from among the following alternatives:
(A) Ion exchange.
(B) Reverse osmosis.
(C) Lime softening.
(D) Coagulation/filtration.
If the department requests additional information to aid in its review, the water supply shall provide the information by the date specified by the department in its request. The department shall notify the supply in writing of its determination and set forth the basis for its decision.
(iii)
Each supply shall properly install and operate the source water treatment
designated by the department under paragraph (ii) of this subdivision. The
department shall review the source water samples taken by the supply both
before and after the supply installs source water treatment and determine
whether the supply has properly installed and operated the source water
treatment designated by the department.
(iv) Based on the department's review of the
source water treatment, the department shall designate the maximum permissible
lead and copper concentrations for finished water entering the distribution
system. These levels shall reflect the contaminant removal capability of the
treatment properly operated and maintained. The department shall notify the
supply in writing and explain the basis for its decision. Each water supply
shall maintain lead and copper levels below the maximum permissible
concentrations designated by the department at each sampling point monitored
under
R 325.10710c. A supply is out of
compliance with this subrule if the level of lead or copper at a sampling point
is more than the maximum permissible concentration designated by the
department.
(v) Upon its own
initiative or in response to a request by a water supply or other interested
person, the department may modify its determination of the source water
treatment or maximum permissible lead and copper concentrations for finished
water entering the distribution system. A request for modification by a supply
or other interested person shall be in writing, explain why the modification is
appropriate, and provide supporting documentation. The department may modify
its determination where it concludes that a change is necessary to ensure that
the supply continues to minimize lead and copper concentrations in source
water. A revised determination shall be made in writing, set forth the new
treatment requirements, explain the basis for the department's decision, and
provide an implementation schedule for completing the treatment
modifications.
(5) For a water supply that exceeds the lead
action level after installing corrosion control or source water treatment, lead
service line replacement requirements are as follows:
(a) A water supply that exceeds the lead
action level in tap samples taken under
R
325.10710a(4)(b) after installing
corrosion control or source water treatment, or both, whichever sampling occurs
later, shall replace lead service lines under the requirements of this subrule.
If a supply is in violation of subrule (2) or (4) of this rule for failure to
install source water or corrosion control treatment, then the department may
require the supply to commence lead service line replacement after the date
that the supply was required to conduct monitoring under
R
325.10710a(4)(b).
(b) Annually, a water supply shall replace
not less than 7% of the initial number of lead service lines, and galvanized
service lines if the service line is or was connected to lead piping, in its
distribution system. The initial number of lead service lines is the number of
lead lines in place when the replacement program begins. The supply shall
identify the initial number of lead service lines in its distribution system,
based on a materials evaluation, including the evaluation required under
R 325.10710a(1),
or the materials inventory required under
R 325.11604(c).
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 subdivision (a) of this subrule. 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 the department has established
an alternate monitoring period, then the end of the monitoring period will be
the last day of that period.
(c) If
a supply controls the entire service line in accordance with subdivision (g) of
this subrule, the supply shall replace the entire lead service line. If the
supply does not own the entire lead service line, the supply shall notify the
owner of the line, or the owner's authorized agent, that the supply will
replace the portion of the service line that it owns and the owner's portion of
the line at water supply expense. If the building owner does not consent, the
supply shall not replace any portion of the service line, unless in conjunction
with emergency repair. Prior to service line replacement, a water supply shall
complete both of the following tasks:
(i) Not
less than 45 days before commencing replacement of a lead service line, the
water system shall provide notice to the resident or residents of all buildings
served by the line explaining that they may experience a temporary increase of
lead levels in their drinking water, along with guidance on measures consumers
can take to minimize their exposure to lead. The water supply may provide
notice under the previous sentence less than 45 days before commencing lead
service line replacement where the replacement is in conjunction with emergency
repairs.
(ii) The water supply
shall provide the information required by paragraph (i) of this subdivision to
the residents of individual dwellings by mail or by other methods approved by
the department. If multifamily dwellings are served by the line, the supply
shall have the option to post the information at a conspicuous
location.
(iii) In the event of a
partial lead service line replacement resulting from an emergency repair, the
water supply shall inform the resident or residents served by the line that the
supply will, at the supply's expense, collect a sample from each partially
replaced lead service line that is representative of the water in the service
line for analysis of lead content, as prescribed under
R
325.10710a(2)(c), within 72 hours
after the completion of the partial replacement of the service line. The supply
shall collect the sample and report the results of the analysis to the owner
and the resident or residents served by the line within 3 business days of
receiving the results. Mailed notices postmarked within 3 business days of
receiving the results are satisfactory.
(d) A water supply shall replace lead service
lines on a shorter schedule than that required by this subrule, if directed by
the department. The department shall take into account the number of lead
service lines in the system, where a shorter replacement schedule is feasible.
The department shall make this determination in writing and notify the supply
of its finding within 6 months after the supply is triggered into lead service
line replacement based on monitoring referenced in subdivision (a) of this
subrule.
(e) A supply may cease
replacing lead service lines under this subrule when samples collected under
R 325.10710a(2)
meet the lead action level during each of 2 consecutive monitoring periods and
the supply submits the results to the department. If the supply thereafter
exceeds the lead action level, the supply shall recommence replacing lead
service lines under subdivision (b) of this subrule.
(f) To demonstrate compliance with
subdivisions (a) to (c) of this subrule, a supply shall report the information
specified in
R 325.10710d(e)
to the department.
(g) A supply is
presumed to control the entire service line unless the supply demonstrates in
writing that it does not have any of the following forms of control over the
entire service line, as provided by state statute, local ordinance, public
service contract, or other applicable legal authority:
(i) Authority to set standards for
construction, repair, or maintenance of the service line.
(ii) Authority to replace, repair, or
maintain the service line.
(iii)
Ownership of the service line.
(h) Coating and lining techniques shall not
be used to meet the service line replacement requirements under this
subrule.
(6) Unless
subject to service line replacement requirements under subrule (5) of this
rule, water supply service line replacement requirements are as follows:
(a) A water supply shall replace all lead
service lines, and galvanized service lines if the service line is or was
connected to lead piping. Service lines that are physically disconnected from
the distribution system are exempt from this requirement.
(b) Beginning the year after the preliminary
distribution system materials inventory is complete, service lines under this
subrule shall be replaced at a rate averaging 5% per year, not to exceed 20
years total for replacement of all service lines under this subrule, unless an
alternate schedule in an asset management plan is approved by the department.
The Water Asset Management Council, if created, may advise the department on
such decisions.
(c) If a supply
controls the entire service line, the supply shall replace the entire service
line at the water supply's expense.
(d) A supply is presumed to control the
entire service line unless the supply demonstrates in writing that it does not
have any of the following forms of control over the entire service line, as
provided by state statute, local ordinance, public service contract, or other
applicable legal authority:
(i) Authority to
set standards for construction, repair, or maintenance of the service
line.
(ii) Authority to replace,
repair, or maintain the service line.
(iii) Ownership of the service
line.
(e) A water supply
shall replace the entire lead service line. If the supply does not own the
entire service line, the supply shall notify the owner of the line, or the
owners authorized agent, that the supply will replace the portion of the
service line that it owns and the owner's portion of the line at the supply's
expense. If the building owner does not consent, the supply shall not replace
any portion of the service line, unless in conjunction with emergency repair. A
water supply shall complete all of the following tasks:
(i) Not less than 45 days before commencing
the lead service line replacement, the water supply shall provide notice to the
owner and residents of all buildings served by the line explaining that they
may experience a temporary increase of lead levels in their drinking water,
along with guidance on measures consumers can take to minimize their exposure
to lead.
(ii) The water supply may
provide notice less than 45 days before commencing lead service line
replacement where the replacement is in conjunction with emergency
repairs.
(iii) The water supply
shall provide the information required by paragraph (i) of this subdivision to
the residents of individual dwellings by mail or by other methods approved by
the department. If multifamily dwellings are served by the line, the supply
shall have the option to post the information at a conspicuous
location.
(iv) In the event of a
partial lead service line replacement resulting from an emergency repair, the
water supply shall inform the resident or residents served by the line that the
supply will, at the supply's expense, collect a sample from each partially
replaced lead service line that is representative of the water in the service
line for analysis of lead content, as prescribed under
R
325.10710a(2)(c), within 72 hours
after the completion of the partial replacement of the service line. The supply
shall collect the sample and report the results of the analysis to the owner
and the resident or residents served by the line within 3 business days of
receiving the results. Mailed notices postmarked within 3 business days of
receiving the results are satisfactory.
(v) Any remaining lead service line,
including the privately owned portion, must be documented in the water supply's
distribution system materials inventory required under
R
325.11604(c).
(f) Service lines that are physically
disconnected from the distribution system are exempt from this
subrule.
(g) Coating and lining
techniques shall not be used to meet the service line replacement requirements
under this subrule.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.