9 PROPOSED ADMINISTRATIVE RULES

 

 

ORR # 2001-005

 

DEPARTMENT OF ENVIRONMENTAL QUALITY DRINKING WATER AND RADIOLOGICAL PROTECTION DIVISION

SUPPLYING WATER TO THE PUBLIC

 

Filed with the Secretary of State on

These rules take effect 7 days after filing with the Secretary of State

 

(By  authority  conferred  on  the  department  of  environmental  quality  by  sections  5,  7,  14,  and  19  of 1976 PA 399, MCL 325.1005, 325.1007, 325.1014, and 325.1019, and Executive Order  No. 1996-1,

MCL 330.3101)

 

R 325.10604c and R 325.10604f of the Michigan Administrative Code are amended as follows:

 

PART 6. STATE DRINKING WATER STANDARDS AND ANALYTICAL TECHNIQUES

 

R 325.10604c MCL for inorganic chemicals.

Rule 604c. (1) The MCLs for inorganic chemicals shall be as shown in table 6.3. Except as specified, the MCLs and effective dates for inorganic chemicals apply to community water supplies and nontransient, noncommunity water supplies. The MCL for fluoride applies only to community water supplies. The MCLs for nitrate, nitrite, and total nitrate and nitrite apply to community; nontransient, noncommunity; and transient, noncommunity water supplies. The MCL for arsenic applies only to community water supplies. Table 6.3 reads as follows: EXCEPT AS SPECIFIED, THE MCLS AND EFFECTIVE DATES FOR INORGANIC CHEMICALS IN TABLE 1 OF THIS RULE APPLY TO COMMUNITY WATER SYSTEMS AND NONTRANSIENT NONCOMMUNITY WATER SYSTEMS. THE MCLS FOR FLUORIDE AND ARSENIC APPLY ONLY TO COMMUNITY WATER SYSTEMS. THE MCLS FOR NITRATE, NITRITE, AND TOTAL NITRATE AND NITRITE APPLY TO COMMUNITY AND NONCOMMUNITY WATER SYSTEMS.

 

Table 6.3 1

Contaminant                                      Maximum Contaminant Level in mg/l

Effective Date

Antimony                                           0.006                                                   January 17, 1994.

Arsenic                                                0.05                                                     June 24, 1977.

Asbestos                                7        million            fibers            per liter (longer than 10 um)

July 30, 1992.

Barium                                                 2                                                          January 1, 1993.

Beryllium                                            0.004                                                   January 17, 1994.

 

 

Cadmium                                              0.005                                                   July 30, 1992.

Chromium                                          0.1                                                       July 30, 1992.

Cyanide (as free cyanide)      0.2                                                       January 17, 1994.

Fluoride                                 4                                                          October 2, 1987.

Mercury                                 0.002                                                   July 30, 1992.

Nickel                                     0.1 MCL WITHDRAWN                  January     17,      1994 (EFFECTIVE DATE)

Nitrate (as Nitrogen)              10                                                        July 30, 1992.

Nitrite (as Nitrogen)                       1                                                          July 30, 1992.

Total Nitrate and Nitrite (as Nitrogen)

10                                                        July 30, 1992.

Selenium                                             0.05                                                     July 30, 1992.

Thallium                                              0.002                                                   January 17, 1994.

 

(2)       Compliance with the MCL requirements of this rule shall be determined based on the analytical results that are obtained at each sampling point as specified in R 325.10710.

(3)       For suppliers that conduct monitoring more than once each year, compliance with the MCL for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium, or thallium is determined by a running annual average at any sampling point. If the average at any sampling point is more than the MCL, then the system is out of compliance. If any 1 sample would cause the annual average to be exceeded, then the system is out of compliance immediately. Any sample that is below the method detection limit shall be calculated at zero for the purpose of determining the annual average.

(4)       For suppliers that monitor annually or less frequently, the system is out of compliance with the MCL for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium, or thallium if the level of a contaminant at any sampling point is more than the MCL. If a confirmation sample is required by the department, THEN the determination of compliance will be based on the average of the 2 samples.

(5)       Compliance with the MCLs for nitrate and nitrite is determined based on 1 sample if the levels of these contaminants are below the MCLs. If the level of nitrate or nitrite or the combination of nitrate and nitrite is more than the MCLs in the initial sample, THEN a confirmation sample is required pursuant to the provisions of R 325.10710(9)(b) and (c), and compliance shall be determined based on the average of the initial and confirmation samples.

(6)         THE DEPARTMENT MAY ALLOW NITRATE LEVELS ABOVE 10 MILLIGRAMS PER LITER BUT NOT MORE THAN 20 MILLIGRAMS PER LITER IN A NONCOMMUNITY WATER SYSTEM IF THE SUPPLIER DEMONSTRATES, TO THE SATISFACTION OF THE DEPARTMENT, ALL OF THE FOLLOWING:

(a)    A PERMANENT ALTERNATE SOURCE OF WATER MEETING STATE DRINKING WATER STANDARDS CAN NOT BE OBTAINED.

(b)  THE WATER WILL NOT BE AVAILABLE TO CHILDREN UNDER 6 MONTHS OF AGE.

(c)   WATER MEETING STATE DRINKING WATER STANDARDS, SUCH AS BOTTLED WATER, WILL BE PROVIDED TO THOSE WHO REQUEST IT.

(d)  THERE IS CONTINUOUS POSTING AT ALL DRINKING WATER OUTLETS AVAILABLE TO THE PUBLIC THAT NITRATE LEVELS EXCEED 10 MG/L AND THE POTENTIAL HEALTH EFFECTS OF EXPOSURE AS SPECIFIED IN PART 4 OF THESE RULES.

(e)  ADVERSE HEALTH EFFECTS ARE NOT DOCUMENTED.

 

 

 

R 325.10604f Treatment techniques for lead and copper.

Rule 604f. (1) All of the following provisions are general requirements with respect to tTreatment techniques for lead and copper ARE AS FOLLOWS:

(a)       The requirements of this rule constitute the drinking water standards for lead and copper. Unless otherwise indicated, each of the provisions of this rule applies to community water supplies SYSTEMS and nontransient, noncommunity water supplies SYSTEMS.

(b)      These regulations 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)       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 that are collected during any A monitoring period that is conducted in accordance with the provisions of 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 that are collected during any A monitoring period that is conducted in accordance with the provisions of UNDER R 325.10710a.

The ninetieth percentile lead and copper levels shall be computed as follows:

(i)   The results of all lead or copper samples that are 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 that is 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)   For water supplies for which suppliers collect 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. If less FEWER than 5 samples are collected, the ninetieth percentile is the highest concentration in any 1 sample for purposes of this rule.

(d)     A water supplier shall install and operate optimal corrosion control treatment on the supplier's water system in accordance with the provisions of UNDER subrules (2) and (3) of this rule. Any water supply A SYSTEM that is in compliance with the applicable corrosion control treatment requirements specified by the department pursuant to the provisions of UNDER subrules (2) and (3) of this rule shall be deemed to be IS in compliance with the treatment requirement.

(e)       For any supply that IF A SYSTEM exceeds the lead or copper action level, a THE supplier shall implement all applicable source water treatment requirements specified by the department pursuant to the provisions of UNDER subrule (4) of this rule.

(f)        For any supply that IF A SYSTEM exceeds the lead action level after implementation of applicable corrosion control and source water treatment requirements, a THE supplier shall complete the lead service line replacement requirements contained in subrule (5) of this rule.

(g)      For any supply that IF A SYSTEM exceeds the lead action level, a THE supplier 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 pursuant to the provisions of UNDER this subrule

 

 

shall be completed in  compliance  with  the  provisions  of PURSUANT  TO  R 325.10609  R 325.10605, R 325.10710a, R 325.10710b, and R 325.10710c.

(i)       A supplier shall report, to the department, any THE information that is required by the treatment provisions of this subrule and R 325.10710d.

(j)      A supplier shall maintain records in accordance with the provisions of 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 325.10609 R 325.10605, R 325.10710d, and R 325.11506(1)(e) constitutes a violation of the drinking water standards for lead or copper, as applicable.

(2)  All of the following provisions pertain to the applicability of c Corrosion control treatment steps APPLY to small, medium-size, and large supplies WATER SYSTEMS AS FOLLOWS:

(i)  A supplier of a small or medium-size water supply SYSTEM is deemed CONSIDERED to have optimized corrosion control if the supply SYSTEM is in compliance with the lead and copper action levels during each of 2 consecutive 6-month monitoring periods during which monitoring is conducted in accordance with the provisions of UNDER R 325.10710a.

(ii)  Any water A supplier may be deemed CONSIDERED by the department to have optimized corrosion control treatment if the supplier demonstrates, to the satisfaction of the department, that it has conducted activities equivalent to the corrosion control steps that are applicable to the supply pursuant to the provisions of SYSTEM UNDER subrule (3) of this rule. SUPPLIERS 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)(f) 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 supplier shall provide the department with all of the following information to support a determination pursuant to the provisions of UNDER this subdivision:

 

 

(A)      The results of all test samples collected for each of the water quality parameters specified in the provisions of subrule (3)(c)(iii) of this rule.

(B)        A report that explains the test methods used by the water supplier to evaluate the corrosion control treatments listed in subrule (3) of this rule, the results of all tests conducted, and the basis for the supplier'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 in accordance with the provisions of UNDER R 325.10710a at least once every 6 months for 1 year after corrosion control has been installed.

(iii)  Any water A supplier is deemed CONSIDERED to have optimized corrosion control for the supply SYSTEM if it submits results of tap water monitoring conducted in accordance with the provisions of UNDER R 325.10710a and  source  water  monitoring  conducted  in  accordance  with  the  provisions  of  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 pursuant to the provisions of UNDER subrule (1)(c) of this rule and the highest source water lead concentration is less than the practical quantitation level for lead.

(A)      A SUPPLIER OF A SYSTEM WHERE THE HIGHEST SOURCE WATER LEAD LEVEL IS BELOW THE METHOD DETECTION LIMIT IS CONSIDERED TO HAVE OPTIMIZED CORROSION CONTROL UNDER THIS PARAGRAPH IF THE SYSTEM’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 SUPPLIER 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 SUPPLIER CONSIDERED TO HAVE OPTIMIZED CORROSION CONTROL PURSUANT TO THIS SUBDIVISION  SHALL  NOTIFY  THE  DEPARTMENT,  IN  WRITING,  PURSUANT  TO R 325.10710d(a)(iii) OF A CHANGE IN TREATMENT OR THE ADDITION OF A NEW SOURCE. THE DEPARTMENT MAY REQUIRE THE SUPPLIER 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 SUPPLIER MAINTAINS MINIMAL LEVELS OF CORROSION IN THE DISTRIBUTION SYSTEM.

(D)              AS OF JULY 12, 2001, A SUPPLIER IS NOT CONSIDERED TO HAVE OPTIMIZED CORROSION CONTROL UNDER THIS SUBDIVISION, AND SHALL IMPLEMENT CORROSION CONTROL TREATMENT PURSUANT TO SUBDIVISION (b)(iii)(E) OF THIS SUBRULE UNLESS IT MEETS THE COPPER ACTION LEVEL.

(E)           A SUPPLIER 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. THE SUPPLIER OF A LARGE WATER SYSTEM SHALL ADHERE TO THE SCHEDULE SPECIFIED IN THAT SUBDIVISION FOR MEDIUM-SIZE WATER SYSTEMS, WITH THE TIME PERIODS FOR COMPLETING EACH STEP BEING TRIGGERED BY THE DATE THE SUPPLIER IS NO LONGER CONSIDERED TO HAVE OPTIMIZED CORROSION CONTROL UNDER THIS SUBDIVISION.

(c)       For any small or medium-size water supply that is required to complete the corrosion control steps due to its exceeding the lead or copper action level, IF A SMALL OR MEDIUM-SIZE WATER SYSTEM EXCEEDS

 

 

THE LEAD OR COPPER ACTION LEVEL AND THE SUPPLIER IS REQUIRED TO PERFORM THE

CORROSION CONTROL TREATMENT STEPS, the supplier may cease completing the treatment steps when the supply SYSTEM is in compliance with both action levels during each of 2 CONSECUTIVE monitoring periods conducted pursuant to the provisions of UNDER R 325.10710a and the supplier submits the results to the department. If the water supply SYSTEM thereafter exceeds the lead or copper action level during any A monitoring period, then completion of the applicable treatment steps THE SUPPLIER 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 system SUPPLIER to repeat treatment steps that were previously completed by the supplier if the department determines that this is necessary to properly implement the treatment requirements of this rule. The requirement for the owner of any small or medium-sized water system to implement corrosion control treatment steps in accordance with subdivision (e) of this subrule, including systems deemed to have optimized corrosion control under subdivision (b) of this subrule is triggered when any small or medium-sized system exceeds the lead or copper action level. IF A SMALL OR MEDIUM-SIZE WATER SYSTEM EXCEEDS THE LEAD OR COPPER ACTION LEVEL, THE SUPPLIER, INCLUDING SUPPLIERS CONSIDERED TO HAVE OPTIMIZED CORROSION CONTROL UNDER SUBDIVISION (b) OF THIS RULE, SHALL IMPLEMENT CORROSION CONTROL TREATMENT STEPS UNDER SUBDIVISION (e) OF THIS SUBRULE.

(d)     Except as provided in subdivisions (b)(ii) and (iii) of this subrule, an owner A SUPPLIER of a large supply WATER SYSTEM shall complete ALL OF the following corrosion control treatment steps by the indicated dates:

(i)  Step 1: A supplier shall conduct initial monitoring during 2 CONSECUTIVE 6-month monitoring periods by January 1, 1993.

(ii)  Step 2: A supplier shall complete corrosion control studies by July 1, 1994.

(iii)  Step 3: By January 1, 1997, a supplier shall install optimal corrosion control treatment as designated by the department.

(iv)  Step 4: A supplier shall complete follow-up sampling by January 1, 1998.

(v)  Step 5: A supplier 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, the owners SUPPLIERS of small and medium-size supplies WATER SYSTEMS shall complete ALL OF the following corrosion control treatment steps by the indicated time periods:

(i)  Step 1: A supplier shall conduct initial tap sampling until the system either exceeds the lead or copper action level or becomes eligible for reduced monitoring. The owner SUPPLIER of a supply SYSTEM that exceeds the lead or copper action level shall recommend optimal corrosion control treatment within 6 months after the supply SYSTEM exceeds 1 of the action levels.

(ii)  Step 2: Within 12 months after a supply SYSTEM exceeds the lead or copper action level, the department may require the supplier to perform corrosion control studies.

(iii)    Step 3: If the department requires a supplier to perform corrosion control studies, the supplier shall complete the studies within 18 months after the department requires that the studies be conducted.

(iv)   Step 4: A supplier shall install optimal corrosion control treatment within 24 months after the department designates the treatment.

(v)   Step 5: A supplier shall complete follow-up sampling within 36 months after the department designates optimal corrosion control treatment.

(vi)  Step 6: A supplier shall operate in compliance with the department-designated optimal water quality control parameters and continue to conduct tap sampling.

 

 

(3)  A supplier shall complete all of the following corrosion control treatment requirements which are described in this subrule and which THAT are applicable to the supply pursuant to the provisions of SYSTEM UNDER subrule (2) of this rule:

(a)        Based upon the results of lead and copper tap monitoring and water quality parameter monitoring, the owners SUPPLIERS of small and medium-size water supplies 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 supplier believes constitutes optimal corrosion control for that supply SYSTEM. The department may require the supplier to conduct additional water quality parameter monitoring in accordance with the provisions of UNDER R325.10710b(b)(4) to assist the department in reviewing the supplier's recommendation.

(b)       For small and medium-size supplies, perform studies of corrosion control treatment that are required by the department. When required by the department, the owner SUPPLIER of any small or medium-size supply WATER SYSTEM that exceeds the lead or copper action level shall perform corrosion control studies pursuant to the provisions of UNDER subdivision (c) of this subrule to identify optimal corrosion control treatment for the supply SYSTEM.

(c)      Perform corrosion control studies as follows:

(i) A public water supplier 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 SYSTEM:

(A)  Alkalinity and pH adjustment.

(B)  Calcium hardness adjustment.

(C)   The addition of a phosphate or silicate-based corrosion inhibitor at a concentration that is sufficient to maintain an effective residual concentration in all test tap samples.

(ii) The owner of the water supply THE SUPPLIER 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 supplies SYSTEMS of similar size, water chemistry, and distribution system configuration.

(iii) A water supplier shall measure all of the following water quality parameters in any tests that are conducted pursuant to the provisions of UNDER this paragraph before and after evaluating the corrosion control treatments listed in subrule (3)(c)(i)(a) to (c) of this rule 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 that containsING a phosphate compound is used.

(H) Silicate, when an inhibitor that containsING a silicate compound is used.

(I)  Water temperature.

(iv)  The water supplier 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 one 1 or both of the following:

(A)  Data and documentation that demonstratesING that a particular corrosion control treatment has adversely affected other water treatment processes when used by another water supply SYSTEM with comparable water quality characteristics.

 

 

(B) Data and documentation that demonstratesING that the water supplier 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 supplier 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 supplier shall recommend, to the department, in writing, the treatment option that the corrosion control studies indicate constitutes optimal corrosion control treatment for that system. The water supplier 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 as follows:

(i)  Based upon consideration of available information, including, where applicable, studies performed pursuant to the provisions of UNDER subdivision (c) of this subrule and a supplier's recommended treatment alternative, the department will either approve the corrosion control treatment option recommended by the supplier 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)   If the department requests additional information to aid its review, the water system SUPPLIER shall provide the information.

(e)        Each supplier shall properly install and operate, throughout its distribution system, the optimal corrosion control treatment designated by the department.

(f)       All suppliers shall maintain water quality parameter values at or above minimum values or within ranges designated by the department in each sample that is collected pursuant to the provisions of R 325.10710b(d). If the water quality parameter value of any sample is below the minimum value or outside the range designated by the department, then the system is out of compliance with the provisions of this subdivision. As specified in R 325.10710b(d), a supplier may take a confirmation sample for any water quality parameter value not more than 3 days after the first sample. If a confirmation sample is taken, the result shall be averaged with the first sampling result and the average shall be used for any compliance determinations specified in this subrule. ALL SUPPLIERS 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)     THROUGH (8).                                                                                        COMPLIANCE WITH THE REQUIREMENTS OF THIS SUBDIVISION SHALL BE DETERMINED EVERY 6 MONTHS, AS SPECIFIED UNDER R 325.10710b(6). A 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.

(g)      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 supplier or other interested party 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 SUPPLIER continues to optimize corrosion control treatment.

(4)    A supplier 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: The owner SUPPLIER of a supply SYSTEM that exceeds the lead or copper action level shall complete lead and copper source water monitoring and make a treatment recommendation to the department within 6 months after exceeding the lead or copper action level.

(ii)    Step 2: If the department requires installation of source water treatment, the supplier shall install the treatment within 24 months after the date of written notification by the department.

(iii)   Step 3: The supplier shall complete follow-up tap water monitoring and source water monitoring within 36 months after the date of written notification by the department.

(iv)    Step 4: A supplier shall operate a system in compliance with the department-specified maximum permissible lead and copper source water levels and shall continue source water monitoring.

(b)  All of the following provisions apply to sSource water treatment requirements ARE AS FOLLOWS:

(i)  The owner SUPPLIER of a supply 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 supplier may recommend that no treatment be installed based upon a demonstration that source water treatment is not necessary to minimize lead and copper levels at users' taps.

(ii)   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 supplier 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 supplier shall provide the information by the date specified by the department in its request.

(iii)   A supplier shall properly install and operate the source water treatment designated by the department pursuant to the provisions of UNDER paragraph (ii) of this subdivision.

 

 

(iv)  A supplier shall maintain lead and copper levels below the maximum permissible concentrations that are designated by the department at each sampling point that is monitored in accordance with the provisions of UNDER R 325.10710c. A supply SYSTEM is out of compliance with this subrule if the level of lead or copper at any 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 supplier or other interested party 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 supplier or other interested party 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 system SUPPLIER continues to minimize lead and copper concentrations in source water.

(5)  Lead service line replacement requirements are as follows:

(a)      A supplier OF A SYSTEM that fails to meet EXCEEDS the lead action level in tap samples taken pursuant to R 325.10710a(4)(b) after installing corrosion control or source water treatment, or both, whichever sampling occurs later, shall replace lead service lines in accordance with UNDER the requirements of this subrule. If a supplier is in violation of the provisions of R 325.10604f(2) or R 325.10604f(4) SUBRULE (2) OR (4) OF THIS RULE for failure to install source water or corrosion control treatment, then the department may require the supplier to commence lead service line replacement after the date that the supplier was required to conduct monitoring pursuant to the provisions of UNDER R 325.10710a(4)(b).

(b)      Annually, a supplier shall replace not less than 7% 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 WHEN the replacement program begins. The supplier shall identify the initial number of lead service lines in its distribution system, INCLUDING AN IDENTIFICATION OF THE PORTION OR PORTIONS OWNED BY THE SYSTEM, based upon a materials evaluation, including the evaluation required pursuant to the provisions of UNDER R 325.10710a(1) AND RELEVANT LEGAL AUTHORITIES, FOR EXAMPLE, CONTRACTS AND LOCAL ORDINANCES REGARDING THE PORTION OWNED BY THE SYSTEM. The first year of lead service line replacement shall begin on the date that the action level was exceeded in tap sampling referenced in subdivision (a) of this subrule.

(c)      A supplier is not required to replace an individual lead service line if the lead concentration in all service line samples from that line, taken pursuant to the provisions of UNDER R 325.10710a(2)(c), is less than or equal to

0.015 mg/l.

(d)         A supplier shall replace the entire service line up to the building inlet, unless it demonstrates, to the satisfaction of the department pursuant to the provisions of subdivision (e) of this subrule that it controls less than the entire service line. In such cases, the supplier shall replace the portion of the line that the department determines is under the supplier's control. The supplier shall notify the user served by the line that the supplier will replace the portion of the service line under its control and shall offer to replace the building owner's portion of the line, but is not required to bear the cost of replacing the building owner's portion of the line. For buildings where only a portion of the lead service line is replaced, the water supplier shall inform the resident or residents that the system will collect a first flush tap water sample after partial replacement of the service line is completed if the resident or residents so desire. If the resident or residents accept the offer, the supplier shall collect the sample and report the results to the resident or residents within 14 days after the partial lead service line replacement. A SUPPLIER SHALL REPLACE THAT PORTION OF THE LEAD SERVICE LINE THAT THE SYSTEM OWNS. IF THE SYSTEM DOES NOT OWN THE ENTIRE LEAD SERVICE LINE, THE SUPPLIER SHALL NOTIFY THE OWNER OF THE LINE, OR THE OWNER'S AUTHORIZED

 

 

AGENT, THAT THE SUPPLIER WILL REPLACE THE PORTION OF THE SERVICE LINE THAT IT OWNS AND SHALL OFFER TO REPLACE THE OWNER'S PORTION OF THE LINE. A SUPPLIER IS NOT REQUIRED TO BEAR THE COST OF REPLACING THE PRIVATELY OWNED PORTION OF THE LINE, NOR IS IT REQUIRED TO REPLACE THE PRIVATELY OWNED PORTION 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 SUPPLIER THAT DOES NOT REPLACE THE ENTIRE LENGTH OF THE SERVICE LINE ALSO SHALL COMPLETE BOTH OF THE FOLLOWING TASKS:

(i)  NOT LESS THAN 45 DAYS BEFORE COMMENCING WITH THE PARTIAL REPLACEMENT OF A LEAD SERVICE LINE, THE SUPPLIER 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 SUPPLIER MAY PROVIDE NOTICE UNDER THE PREVIOUS SENTENCE LESS THAN 45 DAYS BEFORE COMMENCING PARTIAL LEAD SERVICE LINE REPLACEMENT WHERE THE REPLACEMENT IS IN CONJUNCTION WITH EMERGENCY REPAIRS. IN ADDITION, THE SUPPLIER SHALL INFORM THE RESIDENT OR RESIDENTS SERVED BY THE LINE THAT THE SUPPLIER WILL, AT THE SUPPLIER’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 SUPPLIER 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.

(ii)    THE SUPPLIER 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 SUPPLIER SHALL HAVE THE OPTION TO POST THE INFORMATION AT A CONSPICUOUS LOCATION.

(e)       A water supplier is presumed to control the entire lead service line up to the building inlet, unless the supplier demonstrates to the satisfaction of the department as documented in writing submitted pursuant to the provisions of R 325.10710d(e)(iv), that it does not have any of the following forms of control over the entire line, as defined by state statutes, municipal ordinances, public service contracts or other applicable legal authority:

(i) Authority to set standards for the construction, repair, or maintenance of the line. (ii) Authority to replace, repair, or maintain the service line.

(iii) Ownership of the service line.

(f)     A supplier may cease replacing lead service lines when first-draw samples that are collected pursuant to the provisions of UNDER R 325.10710a(2)(b) meet the lead action level during each of 2 consecutive monitoring periods and the supplier submits the results to the department. If the first-draw samples in a water system thereafter exceed the lead action level, the supplier shall recommence replacing lead service lines pursuant to the provisions of UNDER subdivision (b) of this subrule.

 

 

(g)(f) To demonstrate compliance with subdivisions (a) to (d) of this subrule, a supplier shall report the information specified in R 325.10710d(1)(e) to the department.