§ 109.1107. System management responsibilities.

 (a)  Reporting and recordkeeping. Systems shall comply with the following requirements and otherwise comply with §  109.701 (relating to reporting and recordkeeping):

   (1)  Sample site location plan. The system shall prepare a sample site location plan in accordance with §  109.1103(g) (relating to monitoring requirements), maintain the plan on record and submit the plan to the Department prior to conducting initial lead and copper tap monitoring or upon request. The water supplier shall update the following information in the plan within the first 10 days following the end of each applicable monitoring period:

     (i)   Selection of different lead and copper tap sample sites from sites sampled during previous monitoring periods.

     (ii)   Changes in water quality parameter distribution or entry point site selection or source water entry point site selection from sites sampled during previous monitoring periods.

     (iii)   An update of the sample procedure certification required under §  109.1103(g)(4).

   (2)  Reporting of monitoring results. The water supplier shall assure that the results of analyses conducted in accordance with §  109.1103 are reported to the Department within the first 10 days following the end of each applicable monitoring period as stipulated by §  109.1103. Additional monitoring results beyond that required under §  109.1103 shall be kept on record by the water supplier and presented or submitted to the Department upon request.

     (i)   Lead and copper tap monitoring results. The following minimum information is required when reporting lead and copper tap monitoring results to the Department.

       (A)   The name, address and public water system identification number (PWSID) of the public water system from which the samples are taken.

       (B)   The contaminant ID.

       (C)   The parameter name.

       (D)   The sample period.

       (E)   The sample type.

       (F)   The analytical methods used.

       (G)   The results of analyses conducted in accordance with this subchapter for lead and copper tap monitoring.

       (H)   The sample location.

         (I)   The name, address and identification number of the certified laboratory performing the analysis.

     (ii)   Water quality parameter monitoring results. The following minimum information is required when reporting water quality parameter results to the Department:

       (A)   The name, address and PWSID of the public water system from which the samples are taken.

       (B)   The contaminant ID.

       (C)   The parameter name.

       (D)   The sample period.

       (E)   The sample type.

       (F)   The number of samples required and the number of samples taken.

       (G)   The analytical methods used.

       (H)   The results of analyses conducted in accordance with §  109.1103 for water quality parameters.

       (I)   The sample location.

       (J)   Whether an excursion has occurred on more than any 9 days during a 6-month monitoring period for any Department specified water quality parameter.

     (iii)   Source water monitoring results. The following minimum information is required when reporting source water monitoring results to the Department:

       (A)   The name, address and PWSID of the public water system from which the samples are taken.

       (B)   The contaminant ID.

       (C)   The parameter name.

       (D)   The sample period.

       (E)   The sample type.

       (F)   The number of samples required and the number of samples taken.

       (G)   The analytical methods used.

       (H)   The results of analyses conducted in accordance with this subchapter for source water monitoring.

       (I)   The sample location.

       (J)   The name, address and identification number of the certified laboratory performing the analysis.

   (3)  Corrosion control treatment reporting requirements.

     (i)   A water supplier demonstrating optimal corrosion control treatment under §  109.1102(b)(1)(ii) (relating to action levels and treatment technique requirements) shall submit information in writing sufficient for the Department to evaluate and determine whether optimal treatment has been achieved.

     (ii)   The water supplier for a large water system shall complete a corrosion control treatment feasibility study in accordance with §  109.1102(b)(3) and submit the study to the Department by June 30, 1994.

     (iii)   The water supplier for a small or medium water system required to complete a corrosion control treatment feasibility study in accordance with §  109.1102(b)(3) shall submit the study to the Department within 18 months of exceeding an action level.

     (iv)   Upon completion of construction or modification of corrosion control treatment the water supplier shall submit to the Department a certification of construction as required under §  109.504(a) (relating to public water system operation permits).

     (v)   Upon completion of required monitoring under §  109.1103(c) following construction or modification of corrosion control treatment, the water supplier shall submit to the Department a request for designation of optimal corrosion control treatment performance requirements in accordance with §  109.1102(b)(5). The request shall include as a minimum a summary of analyses conducted under §  109.1103(c) and recommended performance requirements if different from those recommended by the water supplier as part of the construction permit application process.

   (4)  Public education reporting requirements. A water supplier required to implement a public education program in accordance with §  109.1104(a) (relating to public education and notification) shall submit a letter to the Department demonstrating that the system has complied with the public education program requirements of this subchapter within 10 days after the end of each period in which the system is required to perform public education tasks. The letter shall contain a list of newspapers, radio and television stations, facilities and organizations to which the system has delivered public education materials during the most recent period for which the system was required to perform public education tasks.

   (5)  Consumer notice of lead tap monitoring results reporting requirements. The water supplier shall submit to the Department within 3 months of the end of the monitoring period in which lead tap monitoring was conducted a sample copy of the consumer notice of lead tap monitoring results along with a certification that the notices were distributed in accordance with §  109.1104(b).

   (6)  Lead service line replacement reporting.

     (i)   A water system that is required to initiate lead service line replacement in accordance with subsection (d) shall, within the first 3 months of the first year of lead service line replacement, submit to the Department the following:

       (A)   Evidence that a materials evaluation of the system has been conducted in accordance with §  109.1103(g)(1).

       (B)   A schedule for replacing at least 7% of the lead service lines identified in the materials evaluation.

       (C)   The initial number of lead service lines in its distribution system and the portions owned by the system based on a materials evaluation, including the evaluation required under §  109.1103(g) and relevant legal authorities regarding the portion owned by the system.

     (ii)   For a system which is conducting lead service line replacement, the water supplier shall notify the Department in writing that the system has replaced at least 7% of the lead service lines identified in the materials evaluation, or that the results of lead sampling from individual lines scheduled for replacement do not exceed 0.015 mg/L. The notification shall be given by the end of each year of lead service line replacement and contain the following information:

       (A)   The name, address and public water system identification number of the public water system.

       (B)   The number of lead service lines scheduled for replacement during the previous year.

       (C)   The number and location of lead service lines actually replaced during the year.

       (D)   The date, location, the results of this sampling and method of sampling used, if lead service line sampling is completed in individual lead service lines.

   (7)  Record maintenance. The water supplier shall retain on the premises of the system or at a convenient location near the premises the following:

     (i)   Records of all monitoring results, which shall be kept for at least 12 years.

     (ii)   A copy of a current sample site location plan, which shall be kept for the life of the facility.

     (iii)   Copies of written correspondence with the Department relating to lead service line replacement, which shall be kept for at least 12 years after the completion of the replacement of applicable lead service lines.

     (iv)   Copies of written correspondence with the Department relating to the implementation of a public education program, which shall be kept for at least 12 years after the completion of the public education program.

     (v)   Copies of written correspondence with the Department relating to permitting, construction and operation of corrosion control treatment, including source water treatment, if applicable, which shall be kept for at least 12 years.

     (vi)   Plans, specifications and permits for water system facilities, which shall be kept for the life of the facility.

 (b)  Operation and maintenance plan.

   (1)  A community water system which completes construction or modification of corrosion control treatment facilities in accordance with this subchapter shall include in its operation and maintenance plan required under §  109.702 (relating to operation and maintenance plan) information concerning the new or modified corrosion control treatment.

   (2)  A nontransient noncommunity water system which completes construction or modification of corrosion control treatment facilities in accordance with this subchapter shall develop an operation and maintenance plan for the facilities.

   (3)  The operation and maintenance plan for corrosion control treatment facilities shall conform to the requirements of §  109.702(b) and (c) and shall also contain at least the following information:

     (i)   A description of the facilities.

     (ii)   An explanation of startup and normal operation procedures.

     (iii)   A routine maintenance program.

     (iv)   A records and reporting system.

     (v)   Sampling and analysis program.

     (vi)   Staffing and training.

     (vii)   A safety program.

     (viii)   An emergency plan and operating procedures.

     (ix)   Manufacturers’ manuals.

 (c)  Operator certification. Community water systems and nontransient noncommunity water systems which are required to construct or modify corrosion control treatment facilities in compliance with this subchapter shall comply with the requirements under §  109.704 (relating to operator certification).

 (d)  Lead service line replacement.

   (1)  Initiation of lead service line replacement. A system that exceeds the lead action level when conducting lead and copper tap monitoring in accordance with §  109.1103(c)(1) or (d)(1) after construction or modification of corrosion control treatment facilities shall initiate lead service line replacement. The first year of lead service line replacement begins on the first day following the end of the monitoring period in which the action level was exceeded. If monitoring is required annually or less frequently, the end of the monitoring period is September 30 of the calendar year in which sampling occurred. If the Department has designated an alternate monitoring period in writing, the end of the monitoring period is the last day of the designated alternate monitoring period.

   (2)  Replacement schedule. The water supplier shall replace annually at least 7% of the initial number of lead service lines in place at the beginning of the first year of replacement. The number of lead service lines shall be based on the materials evaluation conducted in accordance with §  109.1103(g)(1). The Department may require a system to replace lead service lines on a shorter schedule where, because of the number of lead service lines in the system, a shorter replacement schedule is feasible. The Department will notify the water supplier in writing within 6 months of the initiation of lead service line replacement of its decision to require a shorter replacement schedule.

   (3)  Lead service line sampling. The water supplier may sample an individual lead service line to determine whether the line is contributing sufficient lead to warrant its replacement. Lead service lines shall be sampled in accordance with §  109.1103(h)(5). The water supplier is not required to replace a lead service line if none of the lead concentrations in any service line samples from that line exceeds 0.015 mg/L.

   (4)  Conditions of replacement. The water supplier 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 the system 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 or to replace the privately-owned portion of the line if the owner refuses to pay for the cost of replacement of the privately owned portion of the line, or if any laws prohibit this replacement. A system that does not replace the entire length of service line shall complete the following tasks:

     (i)   The system shall provide notice to residents of all buildings served by the line at least 45 days prior to commencing partial line replacement. The Department may allow a shorter time period for notification in the case of emergency repairs. The notice must explain that residents may experience a temporary increase of lead levels in their drinking water, along with information on measures consumers can take to minimize their exposure to lead. Residents shall be informed that the system will, at the system’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 in accordance with §  109.1103(h)(5) within 72 hours after the completion of the partial replacement of the service line.

     (ii)   The system shall collect the partial lead service line replacement sample and report the results of the analysis to the owner and the residents served by the line within 3 business days of receiving the results.

     (iii)   Information required under subparagraphs (i) and (ii) shall be provided by mail to the residents of individual dwellings. Systems have the option to post this information in a conspicuous location in those instances where multifamily dwellings are served by the line.

   (5)  Discontinuation of lead service line replacement. A water supplier may cease replacing lead service lines if the system meets the lead action level during two consecutive 6-month monitoring periods when conducting lead and copper tap monitoring. Thereafter, if the system exceeds the lead action level, the water supplier shall recommence replacing lead service lines in accordance with paragraph (6).

   (6)  Resumption of lead service line replacement. Water systems that resume a lead service line replacement program shall update their lead service line inventory to include those sites that were previously excluded under paragraph (3). Systems shall divide the updated number of remaining lead service lines by the number of remaining years in the replacement program to determine the number that must be replaced each year. If the system has completed a 15-year lead service line replacement program, the Department will determine a schedule for replacing or retesting lead service lines that were previously tested out under the replacement program (when the system reexceeds the lead action level).

Authority

   The provisions of this §  109.1107 amended under section 4 of the Pennsylvania Safe Drinking Water Act (35 P.S. §  721.4); and section 1920-A of The Administrative Code of 1929 (71 P.S. §  510-20).

Source

   The provisions of this §  109.1107 amended August 9, 2002, effective August 10, 2002, 32 Pa.B. 3894; amended May 22, 2009, effective May 23, 2009, 39 Pa.B. 2661; corrected August 29, 2009, effective August 1, 2009, 39 Pa.B. 5119; amended December 17, 2010, effective December 18, 2010, 40 Pa.B. 7212; amended April 27, 2018, effective April 28, 2018, 48 Pa.B. 2509; amended August 17, 2018, effective August 18, 2018, 48 Pa.B. 4974. Immediately preceding text appears at serial pages (355096) to (355098) and (391447) to (391449).

Cross References

   This section cited in 25 Pa. Code §  109.718 (relating to comprehensive monitoring plan); 25 Pa. Code §  109.1102 (relating to action levels and treatment technique requirements); 25 Pa. Code §  109.1103 (relating to monitoring requirements); and 25 Pa. Code §  109.1105 (relating to permit requirements).



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