Subchapter K. LEAD AND COPPER


Sec.


109.1101.    Scope.
109.1102.    Action levels and treatment technique requirements.
109.1103.    Monitoring requirements.
109.1104.    Public education and notification.
109.1105.    Permit requirements.
109.1106.    Design standards.
109.1107.    System management responsibilities.
109.1108.    Fees.

Source

   The provisions of this Subchapter K adopted December 23, 1994, effective December 24, 1994, 24 Pa.B. 6404, unless otherwise noted.

Cross References

   This subchapter cited in 25 Pa. Code §  109.5 (relating to organization of chapter); 25 Pa. Code §  109.301 (relating to general monitoring requirements); 25 Pa. Code §  109.304 (relating to analytical requirements); 25 Pa. Code §  109.407 (relating to general public notification requirements); 25 Pa. Code §  109.409 (relating to Tier 2 public notice—categories, timing and delivery of notice); 25 Pa. Code §  109.410 (relating to Tier 3 public notice—categories, timing and delivery of notice); 25 Pa. Code §  109.602 (relating to acceptable design); 25 Pa. Code §  109.701 (relating to reporting and recordkeeping); and 25 Pa. Code §  109.801 (relating to certification requirement).

§ 109.1101. Scope.

 (a)  This subchapter establishes treatment technique requirements that include requirements for corrosion control treatment, lead service line replacement and public education. These requirements are triggered, in some cases, by samples collected at consumers’ taps which exceed a lead or copper action level.

 (b)  This subchapter applies to community water systems and nontransient noncommunity water systems. For purposes of this subchapter, the systems are classified as either large, medium or small, based on the population served by the system. A large water system serves more than 50,000 persons. A medium water system serves more than 3,300 and fewer than or equal to 50,000 persons. A small water system serves 3,300 or fewer persons.

 (c)  A community or nontransient noncommunity water system which is a consecutive water system shall comply with this subchapter regardless of the compliance status of any public water system from which finished water is obtained. Each interconnection with a public water system from which finished water is obtained is considered source water for the receiving public water system and is subject to the monitoring, corrosion control treatment and source water treatment requirements under this subchapter.

Cross References

   This section cited in 25 Pa. Code §  109.301 (relating to general monitoring requirements).

§ 109.1102. Action levels and treatment technique requirements.

 (a)  Action levels for lead and copper.

   (1)  The lead action level is 0.015 mg/L.

   (2)  The copper action level is 1.3 mg/L.

   (3)  An action level is exceeded when the concentration of a contaminant in more than 10% of tap water samples collected during a monitoring period conducted in accordance with §  109.1103 (relating to monitoring requirements) is greater than the action level.

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

     (i)   The results of all lead or copper samples 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 subparagraph (ii) is the 90th percentile contaminant level.

     (iv)   For water systems that collect five samples per monitoring period, the 90th percentile is computed by taking the average of the highest and second highest concentrations.

     (v)   Interpolation shall be used to compute the 90th percentile when the numbered sample indicated in subparagraph (iii) is not a whole number.

 (b)  Treatment technique requirement for corrosion control.

   (1)  Optimal corrosion control treatment. A community water system or nontransient noncommunity water system shall provide optimal corrosion control treatment which minimizes the lead and copper concentrations at users’ taps while ensuring that the treatment does not cause the system to violate a primary MCL. Water systems deemed to have optimized corrosion control treatment under this subsection shall operate in compliance with Department designated water quality parameters and continue to conduct lead and copper tap monitoring. A system may achieve optimal corrosion control treatment in one of the following ways:

     (i)   A small or medium water system is deemed to have optimized corrosion control if the system does not exceed either the lead or copper action level during each of two consecutive 6-month monitoring periods conducted in accordance with §  109.1103. If the system thereafter exceeds an action level during a monitoring period, the system shall complete applicable compliance activities under paragraph (2). The Department may require a system repeat compliance activities previously completed when the Department determines that this is necessary for the system to achieve optimal corrosion control treatment.

     (ii)   A water system is deemed to have optimized corrosion control if the system demonstrates to the Department that for two consecutive 6-month monitoring periods conducted in accordance with §  109.1103 that the system does not exceed a lead or copper action level and the difference between the 90th percentile tap water lead level and the highest source water lead concentration is less than 0.005 mg/L, which is the Practical Quantitation Level for lead.

       (A)   To make this demonstration, the system shall collect one sample for lead from each entry point during a monitoring period prior to initiation of construction or modification of corrosion control treatment facilities. If the system thereafter exceeds an action level during a monitoring period, the system shall complete applicable compliance activities under paragraph (2). The Department may require a system to repeat compliance activities previously completed when the Department determines that this is necessary for the system to achieve optimal corrosion control treatment.

       (B)   A water system deemed to have optimized corrosion control in accordance with this subparagraph shall continue monitoring for lead and copper at the tap no less frequently than once every 3-calendar years using the reduced number of sites specified in §  109.1103(e), and collecting the samples at times and locations specified in §  109.1103(e)(1)(iii).

     (iii)   A system is deemed to have optimized corrosion control if the system installs new corrosion control treatment facilities or modifies existing treatment in accordance with paragraph (2) and operates in compliance with water quality parameter performance requirements specified by the Department in a permit issued under §  109.1105(c) (relating to permit requirements).

   (2)  Corrosion control treatment compliance schedule. A system shall comply with the following schedule unless the system achieves optimal corrosion control treatment under paragraph (1)(i) or (ii) prior to initiation of construction or modification of corrosion control treatment facilities.

     (i)   An existing large water system shall:

       (A)   Submit a corrosion control treatment feasibility study that complies with paragraph (3) by June 30, 1994.

       (B)   Submit a permit application for construction or modification of corrosion control treatment facilities by March 31, 1995.

       (C)   Initiate construction or modification of corrosion control treatment facilities by December 31, 1995.

       (D)   Complete construction or modification of corrosion control treatment facilities and begin operation of these facilities by January 1, 1997.

       (E)   Submit a request for a Department designation of optimal corrosion control treatment performance requirements by January 31, 1998.

     (ii)   A large water system triggered into corrosion control because it is no longer deemed to have optimized corrosion control under paragraph (1), or any medium or small water system that exceeds an action level shall:

       (A)   Submit a corrosion control treatment feasibility study that complies with paragraph (3) within 18 months of the end of the monitoring period in which the action level was exceeded.

       (B)   Submit a permit application or otherwise comply with the permit application requirements under §  109.1105(b) for construction or modification of corrosion control treatment facilities within 30 months of the end of the monitoring period in which the action level was exceeded.

       (C)   Initiate construction or modification of corrosion control treatment facilities within 48 months of the end of the monitoring period in which the action level was exceeded.

       (D)   Complete construction or modification of corrosion control treatment facilities and begin operation of these facilities within 60 months of the end of the monitoring period in which the action level was exceeded.

       (E)   Submit a request for Department designation of optimal corrosion control treatment performance requirements within 30 days of the end of the second follow-up monitoring period required under §  109.1103(c)(1)(ii) following completion of construction or modification of corrosion control treatment facilities.

   (3)  Corrosion control treatment feasibility study. The system shall prepare and submit a corrosion control treatment feasibility study to the Department by the applicable deadline established in paragraph (2). The purpose of this study is to identify corrosion control priorities, evaluate viable corrosion control approaches and select the optimal corrosion control treatment. As a minimum, the system shall include the information required in a basic study described in subparagraph (i). The Department may require a water supplier to conduct demonstration testing if the Department determines that a basic study is insufficient to determine optimal corrosion control treatment. Demonstration testing may also be required when a system continues to exceed an action level after corrosion control treatment has been installed.

     (i)   The basic study shall include the following information:

       (A)   A sample site location plan prepared in accordance with §  109.1103(g).

       (B)   A summary of lead and copper and water quality parameter monitoring results performed in accordance with §  109.1103. These results shall be evaluated considering the location of sample sites within the distribution system and used as the basis for considering corrosion control treatment options.

       (C)   An evaluation of source water contributions and the need for source water treatment.

       (D)   A desktop evaluation of alkalinity and pH adjustment, calcium hardness adjustment and corrosion inhibitor addition or a combination of these treatments. The evaluation shall include analyses based on documented analogous treatments with other systems of similar size, water chemistry and distribution system configuration. If source water treatment is needed to achieve optimal corrosion control, the water supplier shall evaluate the source water treatments specified in paragraph (4).

       (E)   An identification of chemical, physical or regulatory constraints on the use of a particular corrosion control treatment, such as its adverse effects on other treatment processes or the ability of wastewater facilities to comply with applicable statutes or regulations.

       (F)   A recommendation of optimal corrosion control treatment, including source water treatment, if applicable, for the system based on the supporting documentation specified in clauses (A)—(E). When a system has multiple sources, it may be necessary for the system to provide different corrosion control treatment for different sources.

       (G)   Recommended water quality parameter performance requirements for the selected corrosion control treatment.

       (H)   A proposed schedule for completion of the remaining corrosion control treatment compliance steps in accordance with paragraph (2), including, but not limited to, treatment design and permit application submittal, financing and construction, and initiation of operation.

     (ii)   A demonstration study shall include the evaluation of corrosion control treatments using pipe rig/loop tests, metal coupon tests or partial system tests.

   (4)  Source water treatment. A system that must reduce the concentration of lead or copper in its source water to achieve optimal corrosion control shall provide source water treatment.

     (i)   A system which exceeds either the lead or copper action level shall conduct initial source water monitoring in accordance with §  109.1103(a)(3). The water supplier shall use the results of this monitoring along with the results of lead and copper tap and water quality parameter monitoring to determine corrosion control treatment priorities including the need for source water treatment as part of the corrosion control feasibility study required under paragraph (3).

     (ii)   If source water treatment needs to be evaluated, the water supplier shall evaluate treatments including ion exchange, reverse osmosis, lime softening and coagulation/filtration. The water supplier shall recommend a source water treatment along with the recommendation for optimal corrosion control treatment. The water supplier shall include recommended source water treatment performance requirements for the selected treatment.

     (iii)   If, after review of the feasibility study, the Department determines that source water treatment is necessary as part of a system’s overall approach to achieving optimal corrosion control, the water supplier shall provide source water treatment under the compliance schedule established in paragraph (2) for corrosion control treatment. The Department may require the water supplier to provide source water treatment for lead on an earlier schedule if the Department determines that lead in the source water presents an imminent hazard to the public health.

     (iv)   Following the installation of source water treatment, the water supplier shall conduct source water monitoring in accordance with §  109.1103(c)(3). Based on the results of this monitoring and lead and copper tap and water quality parameter monitoring, the Department will establish source water treatment performance requirements when water quality parameter performance requirements are established for the system under paragraph (5).

   (5)  Water quality parameter performance requirements. The Department will designate optimal corrosion control treatment water quality parameter performance requirements for large water systems by June 30, 1998, and for medium or small water systems within 18 months after the system completes construction or modification of corrosion control treatment, if the water supplier submits a request for Department designation of performance requirements within the time frames established in paragraph (2) and the request contains the information specified in §  109.1107(a)(3)(v) (relating to system management responsibilities). The performance requirements will be specified in the amended operation permit issued in accordance with §  109.1105(c). A system shall maintain the designated water quality parameter performance requirements at or above minimum values or within specified ranges designated by the Department. The Department may designate values for additional water quality parameters if the Department determines these requirements are necessary to assure optimal corrosion control treatment. Depending on the type of corrosion control treatment, the performance requirements will be designated as follows:

     (i)   A minimum value or range of values for pH measured at each entry point to the distribution system.

     (ii)   A minimum pH value measured in distribution system samples.

     (iii)   If a corrosion inhibitor is used, a minimum concentration or range for the inhibitor necessary to form a passivating film on the interior walls of the distribution system pipes. The inhibitor concentration is measured at each entry point and in all distribution system samples.

     (iv)   If alkalinity is adjusted as part of optimal corrosion control treatment, a minimum concentration or range of concentrations for alkalinity measured at each entry point and in distribution system samples.

     (v)   If calcium carbonate stabilization is used as part of optimal corrosion control treatment, a minimum concentration or range of concentrations for calcium measured in distribution system samples.

Source

   The provisions of this §  109.1102 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. Immediately preceding text appears at serial pages (347186), (290611) to (290612) and (347187).

Cross References

   This section cited in 25 Pa. Code §  109.810 (relating to reporting and notification requirements); 25 Pa. Code §  109.901 (relating to requirements for a variance); 25 Pa. Code §  109.903 (relating to requirements for an exemption); 25 Pa. Code §  109.1103 (relating to monitoring requirements); 25 Pa. Code §  109.1104 (relating to public education and notification); 25 Pa. Code §  109.1105 (relating to permit requirements); 25 Pa. Code §  109.1107 (relating to system management responsibilities); and 25 Pa. Code §  109.1108 (relating to fees).

§ 109.1103. Monitoring requirements.

 (a)  Initial monitoring.

   (1)  Initial lead and copper tap monitoring. The initial lead and copper tap monitoring for community and nontransient noncommunity water systems consists of two consecutive 6-month periods. Monitoring periods begin in January and July and end in June and December.

     (i)   In accordance with 40 CFR 141.86(d)(1) (relating to monitoring requirements for lead and copper in tap water), the first 6-month monitoring period for large, medium and small water systems shall begin on the following dates:

1st monitoring
System sizeperiod begins on
Large . . . January 1, 1992
Medium . . . July 1, 1992
Small . . . July 1, 1993

     (ii)   The first 6-month monitoring period for a new water system created after June 26, 1995, shall begin with the next 6-month monitoring period following the issuance of an operations permit or following the system’s provision of water to a sufficient number of sampling sites for the water supplier to comply with sample site requirements under subsection (g), whichever period is later.

     (iii)   A large water system shall monitor during two consecutive 6-month periods and shall comply with the corrosion control treatment compliance schedule under §  109.1102(b)(2) (relating to action levels and treatment technique requirements) or achieve optimal corrosion control treatment under §  109.1102(b)(1)(ii).

     (iv)   A small or medium water system shall monitor during each 6-month monitoring period until one of the following occurs:

       (A)   The system exceeds either the lead or copper action level and is therefore required to comply with the corrosion control treatment compliance schedule under §  109.1102(b)(2).

       (B)   The system meets both the lead and copper action levels during two consecutive 6-month monitoring periods, in which case the system qualifies for reduced monitoring in accordance with subsection (e)(1).

     (v)   A system shall collect at least one sample during each monitoring period from the number of sample sites listed in the following chart. The sample sites shall be selected in accordance with subsection (g).

System size
(# of people served)
# of Sample Sites
› 100,000 . . . 100
10,001 to 100,000 . . . 60
3,301 to 10,000 . . . 40
501 to 3,300 . . . 20
101 to 500 . . . 10
100 or fewer . . . 5

   (2)  Initial water quality parameter monitoring. A system shall measure the applicable water quality parameters in the distribution system and at each entry point. A large water system shall conduct initial water quality parameter monitoring during each initial monitoring period specified in paragraph (1). A small or medium water system shall conduct initial water quality parameter monitoring during the first monitoring period in which the system exceeds the lead or copper action level.

     (i)   The following water quality parameters shall be measured as applicable:

       (A)   pH.

       (B)   Alkalinity.

       (C)   Orthophosphate, when an inhibitor containing a phosphate compound is used.

       (D)   Silica, when an inhibitor containing a silicate compound is used.

       (E)   Calcium.

       (F)   Conductivity.

       (G)   Water temperature.

     (ii)   A system shall collect two sets of water quality parameter distribution samples from the following number of sample sites. The sets of samples shall be collected from the same sample sites on different days and analyzed for the applicable water quality parameters.

System size
(# of people served)
# of Sample Sites
› 100,000 . . . 25
10,001 to 100,000 . . . 10
3,301 to 10,000 . . . 3
501 to 3,300 . . . 2
500 or fewer . . . 1

     (iii)   A system shall also collect two sets of water quality parameter samples at each entry point. The sets of samples shall be collected on different days and analyzed for the applicable water quality parameters.

   (3)  Initial source water monitoring. A system which exceeds either the lead or copper action level shall collect one source water sample from each entry point within 6 months after the end of the monitoring period in which the action level was exceeded. Monitoring is required only for the parameter for which the action level was exceeded.

 (b)  Special lead and copper tap monitoring.

   (1)  After completing initial monitoring and prior to initiation of construction or modification of corrosion control treatment facilities, a system may collect special lead and copper tap samples at its option.

   (2)  Special lead and copper tap monitoring shall be conducted in accordance with subsection (a), including compliance with the requirements resulting from an action level exceedance.

   (3)  If a medium or small water system meets the lead and copper action levels during two consecutive 6-month special monitoring periods, the system is deemed to have optimized corrosion control and may discontinue the compliance activities under §  109.1102(b)(2) and proceed directly to reduced monitoring in accordance with subsection (e).

   (4)  If a medium or small water system exceeds an action level during a monitoring period after discontinuing compliance activities under paragraph (3), the system shall complete the applicable compliance activities under §  109.1102(b)(2).

   (5)  If a system meets the lead action level during a special monitoring period, the system may discontinue public education in accordance with §  109.1104(a)(3) (relating to public education and notification).

 (c)  Follow-up monitoring after construction or modification of corrosion control treatment facilities. A system which completes construction or modification of corrosion control treatment facilities in accordance with §  109.1102(b)(2) shall conduct the applicable monitoring specified in this subsection. A system which exceeds the lead action level after construction or modification of corrosion control treatment facilities shall begin lead service line replacement in accordance with §  109.1107(d) (relating to system management responsibilities).

   (1)  Lead and copper tap monitoring. A system shall monitor for lead and copper at the tap during each specified monitoring period at the number of sample sites specified in subsection (a)(1)(v).

     (i)   A large water system shall monitor during each of two consecutive 6-month monitoring periods beginning no later than January 1, 1997. Following completion of this monitoring, but no later than January 31, 1998, the water supplier shall submit a request for the Department to designate optimal corrosion control treatment performance requirements for the system. Upon approval of the request, the Department will designate water quality parameter performance requirements in accordance with §  109.1102(b)(5) or source water treatment performance requirements in accordance with §  109.1102(b)(4), or both. The water supplier may request, and the Department may designate, performance requirements before the system completes the monitoring for both monitoring periods if the system has never exceeded an action level and the system demonstrates in its request that optimal corrosion control treatment has been achieved. After the Department has designated performance requirements, the system shall monitor in accordance with subsection (d)(1).

     (ii)   A small or medium water system shall monitor during each of two consecutive 6-month monitoring periods beginning no later than 60 months from the end of the monitoring period in which the action level was exceeded. The water supplier shall submit within 30 days of the end of the second monitoring period a request for the Department to designate optimal corrosion control treatment performance requirements for the system. Upon approval of the request, the Department will designate water quality parameter performance requirements in accordance with §  109.1102(b)(5) or source water treatment performance requirements in accordance with §  109.1102(b)(4). A small or medium water system that does not exceed the lead and copper action levels during each of two consecutive 6-month monitoring periods may reduce the number of sample sites and reduce the frequency of sampling to once per year in accordance with subsection (e)(1)(i). Systems not eligible for reduced monitoring under subsection (e)(1) shall monitor in accordance with subsection (d)(1).

   (2)  Water quality parameter monitoring. A system shall monitor for the applicable water quality parameters specified in subparagraph (iii) in the distribution system during each specified monitoring period at the number of sites specified in subsection (a)(2)(ii) and at each entry point at least once every 2 weeks.

     (i)   A large water system shall measure the water quality parameters during each of the two consecutive 6-month monitoring periods in which the system conducts lead and copper tap monitoring under paragraph (1)(i).

     (ii)   A small or medium water system which is conducting lead and copper tap monitoring in accordance with paragraph (1)(ii) shall measure the water quality parameters during each 6-month monitoring period in which the system exceeds either the lead or copper action level. Distribution system monitoring shall be conducted once during the monitoring period and biweekly entry point monitoring shall continue as long as the system exceeds the action level.

     (iii)   The water quality parameters shall be measured as follows:

       (A)   At sites within the distribution system, two sets of samples taken on different days from the same sample sites for:

         (I)   pH.

         (II)   Alkalinity.

         (III)   Orthophosphate, when an inhibitor containing a phosphate compound is used.

         (IV)   Silica, when an inhibitor containing a silicate compound is used.

         (V)   Calcium, when calcium carbonate stabilization is used as part of corrosion control.

       (B)   At each entry point, one set of samples every 2 weeks for:

         (I)   pH.

         (II)   When alkalinity is adjusted as part of corrosion control treatment, a reading of the dosage rate of the chemical used to adjust the alkalinity, and the alkalinity concentration.

         (III)   When a corrosion inhibitor is used as part of corrosion control treatment, a reading of the dosage rate of the inhibitor used, and the concentration of orthophosphate or silica, whichever is applicable.

   (3)  Source water monitoring. A system which installs source water treatment under §  109.1102(b)(4) shall monitor the source water at source water treatment entry points for the parameters for which the source water treatment was installed. The system shall monitor source water during the two consecutive 6-month monitoring periods specified in paragraph (1). Other systems which exceed either the lead or copper action level while conducting lead and copper tap monitoring in accordance with paragraph (1) shall collect one source water sample from each entry point within 6 months after the end of the monitoring period in which the action level was exceeded for the parameters exceeding the action level.

 (d)  Monitoring after performance requirements are established. A system shall conduct the applicable monitoring under this subsection beginning no later than the next 6-month monitoring period that begins on January 1 or July 1 following the Department’s designation of optimal corrosion control treatment water quality parameter performance requirements under §  109.1102(b)(5) or source water performance requirements under §  109.1102(b)(4). A system which exceeds the lead action level after construction or modification of corrosion control treatment facilities shall begin lead service line replacement in accordance with §  109.1107(d).

   (1)  Lead and copper tap monitoring. A system shall monitor for lead and copper at the tap during each monitoring period at the number of sample sites specified in subsection (a)(1)(v) until the system qualifies for reduced monitoring under subsection (e)(1).

   (2)  Water quality parameter performance monitoring. A system shall measure the applicable water quality parameters specified in subsection (c)(2)(iii) in the distribution system during each monitoring period at the number of sites specified in subsection (a)(2)(ii) and at each entry point at least once every 2 weeks. The results of this monitoring will be used by the Department in determining compliance with the water quality parameter performance requirements established under §  109.1102(b)(5). A system that is not in compliance with the water quality parameter performance requirements established under §  109.1102(b)(5) shall provide public notification in accordance with §  109.1104(c)(2).

     (i)   A large water system shall conduct the monitoring during each monitoring period until the system qualifies for reduced monitoring under subsection (e)(2).

     (ii)   A small or medium water system which is conducting lead and copper tap monitoring in accordance with paragraph (1), shall measure the water quality parameters during each 6-month monitoring period in which the system exceeds either the lead or copper action level. Distribution system monitoring shall be conducted at least once during the monitoring period and biweekly entry point monitoring shall continue as long as the system exceeds the action level.

     (iii)   A system is out of compliance with the requirements of §  109.1102(b)(5) for a 6-month period if it has excursions for any Department specified water quality parameter on more than any 9 days during the 6-month monitoring period. An excursion occurs whenever the daily value for one or more of the water quality parameters is below the minimum value or outside the range of values designated by the Department. The Department has the discretion to delete results of sampling errors from this calculation. Daily values are calculated as follows:

       (A)   On days when more than one sample for the water quality parameter is collected at a sampling location, the daily value shall be the average of all results collected during the day including continuous monitoring or grab samples, or both.

       (B)   On days when only one sample for the water quality parameter is collected at a sampling location, the daily value shall be the result of that sample.

       (C)   On days when no sample is collected for the water quality parameter at a sampling location, the daily value shall be the most recent calculated daily value for which a water quality parameter was sampled at a sample location.

   (3)  Source water monitoring. A system which is conducting lead and copper tap monitoring in accordance with paragraph (1) shall monitor for the parameters exceeding the action level at each entry point within 6 months of the end of the monitoring period in which the action level was exceeded. For systems which have installed source water treatment, the results of this monitoring will be used by the Department in determining compliance with source water treatment performance requirements established under §  109.1102(b)(4). The Department may require additional source water monitoring if the Department determines that the additional monitoring is necessary to assure compliance with the source water treatment performance requirements. A system that is not in compliance with the source water treatment performance requirements established under §  109.1102 (b)(4) shall provide public notification in accordance with §  109.1104(c)(2).

 (e)  Reduced monitoring.

   (1)  Reduced lead and copper tap monitoring. A system conducting reduced lead and copper tap monitoring shall collect one sample from the number of sample sites listed in the following column.

System size (# of people served)           # of Sample Sites
› 100,000 …50
10,001 to 100,000 … 30
3,301 to 10,000 …20
501 to 3,300 …10
500 or fewer …5

     (i)   Annual lead and copper tap monitoring.

       (A)   A small or medium water system that does not exceed the lead and copper action levels during each of two consecutive 6-month monitoring periods or a system which has optimized corrosion control treatment under §  109.1102(b)(1)(ii) may reduce the number of sample sites and reduce the frequency of sampling to once per year.

       (B)   A system that has installed or modified corrosion control treatment facilities in accordance with §  109.1102(b)(2) may reduce the number of lead and copper sample sites and reduce the frequency of monitoring to once per year if the following conditions are met:

         (I)   The system does not exceed the lead and copper action levels during each of two consecutive 6-month monitoring periods.

         (II)   The system maintains the range of values for the optimal corrosion control treatment water quality parameter performance requirements specified by the Department under §  109.1102(b)(5) during each of two consecutive 6-month monitoring periods in accordance with subsection (d)(2).

       (C)   Annual monitoring shall begin during the calendar year immediately following the end of the second consecutive 6-month monitoring period.

     (ii)   Triennial lead and copper tap monitoring.

       (A)   A small or medium water system that does not exceed the lead and copper action levels during 3 consecutive years of monitoring, including initial monitoring, may reduce the frequency of monitoring for lead and copper to once every 3 years.

       (B)   A system that has installed or modified corrosion control treatment facilities in accordance with §  109.1102(b)(2) may reduce the frequency of lead and copper tap monitoring from annually to once every 3 years if the following conditions are met:

         (I)   The system does not exceed the lead and copper action levels during 3 consecutive years of 6-month or annual monitoring.

         (II)   The system maintains the range of values for the optimal corrosion control treatment water quality parameter performance requirements specified by the Department under §  109.1102(b)(5) during 3 consecutive years of monitoring.

       (C)   Triennial monitoring shall be conducted during the last year of each 3-year compliance period—for example 1998, 2001, 2004 and so forth.

       (D)   A system that demonstrates for two consecutive 6-month monitoring periods that the tap water lead level as determined under §  109.1102(a)(3) is less than or equal to 0.005 mg/L and the tap water copper level as determined under §  109.1102(a)(3) is less than 0.65 mg/L may reduce the number of samples in accordance with §  109.1103(e)(1) and reduce the frequency of sampling to once every 3 years.

     (iii)   Sample sites and timing. A system that reduces the number of sample sites and frequency of sampling shall collect samples from sample sites included in the pool of targeted sampling sites identified in subsection (g)(2). Systems sampling annually or less frequently shall conduct the lead and copper tap sampling between June 1 and September 30. The Department may approve, in writing, a different period for conducting lead and copper tap monitoring sampling for systems on annual or less frequent monitoring. The period may be no longer than 4 consecutive months and shall represent a time of normal operation when the highest levels of lead are most likely to occur.

   (2)  Reduced water quality parameter monitoring for large water systems. A large water system conducting reduced water quality parameter monitoring shall collect two sets of distribution samples from the following reduced number of sample sites. The sets of samples shall be collected from the same sample sites on different days and analyzed for the applicable water quality parameters.

System size (# of people served)           # of Sample Sites
› 100,000 …10
50,001 to 100,000 …7

     (i)   Reduced sites. A large water system that maintains the range of values for water quality parameter performance requirements reflecting optimal corrosion control treatment specified by the Department under §  109.1102(b)(5) during each of two consecutive 6-month monitoring periods conducted in accordance with subsection (d)(2) may collect distribution samples from the reduced number of sites during subsequent 6-month monitoring periods until the system qualifies for reduced frequency under subparagraph (ii). The system shall continue monitoring at each entry point as specified in subsection (d)(2).

     (ii)   Reduced water quality parameter monitoring.

       (A)   A large water system that maintains the range of values for water quality parameter performance requirements reflecting optimal corrosion control treatment specified by the Department under §  109.1102(b)(5) during 3 consecutive years of monitoring at the reduced number of sites under subparagraph (i) may reduce the frequency with which it collects sets of water quality parameter distribution samples from every 6 months to annually. Annual monitoring begins during the next calendar year. A system conducting annual sampling shall collect these sets of samples evenly throughout the year to reflect seasonal variability. The system shall continue monitoring at each entry point as specified in subsection (d)(2).

       (B)   A large water system may reduce the frequency with which it collects tap water samples for applicable water quality parameters specified in §  109.1102(b)(5) to every 3 years if it demonstrates during two consecutive monitoring periods that its tap water lead level at the 90th percentile is less than or equal to the PQL for lead of 0.005 mg/L, that its tap water copper level at the 90th percentile is less than or equal to 0.65 mg/L, and that it also has maintained the range of values for the water quality parameters reflecting optimal corrosion control treatment specified by the Department under §  109.1102(b)(5). Triennial monitoring shall be conducted during the last year of each 3-year compliance period—for example 1998, 2001, 2004 and so forth.

   (3)  Reduced monitoring revocation.

     (i)   Reduced monitoring revocation for large water systems. A large water system authorized to conduct reduced monitoring under this subsection that fails to meet the lead or copper action level during any 4-month monitoring period or that fails to operate within the range of performance requirements for the water quality parameters specified by the Department under §  109.1102(b)(5) on more than any 9 days in a 6-month period shall comply with the following:

       (A)   The water supplier shall resume lead and copper tap monitoring in accordance with subsection (d)(1).

       (B)   The water supplier shall resume water quality parameter distribution sampling in accordance with the number and frequency requirements specified in subsection (d)(2).

         (I)   A large system may resume annual monitoring for water quality parameters at the tap at the reduced number of sites specified in paragraph (2) after it has completed two subsequent consecutive 6-month rounds of monitoring that meet the criteria of paragraph (2)(i).

         (II)   A large system may resume triennial monitoring for water quality parameters at the tap at the reduced number of sites specified in paragraph (2) after it demonstrates through subsequent rounds of monitoring that it meets the criteria of paragraph (2)(ii).

       (C)   If either the lead or copper action level is exceeded, the water supplier shall conduct source water monitoring in accordance with subsection (d)(3). Monitoring is required only for the parameter for which the action level was exceeded. For systems on annual or less frequent monitoring, the end of the monitoring period is September 30 of the calendar year in which sampling occurs, or, if the Department has designated an alternate monitoring period, the end of the monitoring period is the last day of the 4-month period in which sampling occurs.

     (ii)   Reduced monitoring revocation for small or medium water systems. A small or medium water system authorized to conduct reduced lead and copper tap monitoring under this subsection that fails to meet the lead or copper action level during any 4-month monitoring period, or a small or medium system that has installed corrosion control treatment in compliance with §  109.1102(b)(2) and that fails to operate within the range of performance requirements for the water quality parameters specified by the Department under §  109.1102(b)(5) on more than any 9 days in a 6-month period, shall comply with the following:

       (A)   The water supplier shall conduct water quality parameter monitoring during the monitoring period in which the action level is exceeded. The start of the 6-month monitoring period for the water quality parameter monitoring required under this clause must coincide with the start of the annual or triennial tap monitoring period in which the action level was exceeded.

         (I)   If the system has installed corrosion control treatment in compliance with §  109.1102(b)(2), water quality parameter monitoring shall be conducted in accordance with subsection (c)(2).

         (II)   If the system has not installed corrosion control treatment, water quality parameter monitoring shall be conducted in accordance with subsection (a)(2) and the system shall conduct corrosion control treatment activities in accordance with §  109.1102(b)(1)(i).

       (B)   The water supplier shall collect one source water sample from each entry point within 6 months of the end of the monitoring period in which the action level was exceeded. Monitoring is required only for the parameter for which the action level was exceeded. For systems on annual or less frequent monitoring, the end of the monitoring period is September 30 of the calendar year in which sampling occurs, or, if the Department has designated an alternate monitoring period, the end of the monitoring period is the last day of the 4-month period in which sampling occurs.

       (C)   If a system has installed corrosion control treatment in compliance with §  109.1102(b)(2), the water supplier shall resume lead and copper tap monitoring in accordance with subsection (d)(1).

 (f)  Additional monitoring by systems. The results of monitoring conducted at specified sites during specified monitoring periods in addition to the minimum requirements of this section shall be considered by the system and the Department in making determinations—such as calculating the 90th percentile lead or copper action level or determining concentrations of water quality parameters—under this subchapter.

 (g)  Sample site location plan. The water supplier shall complete a sample site location plan which includes a materials evaluation of the distribution system, lead and copper tap sample site locations, water quality parameter sample site locations and certification that proper sampling procedures are used. The water supplier shall complete the steps in paragraphs (1)—(3) by the applicable date for commencement of lead and copper tap monitoring under subsection (a)(1) and the step in paragraph (4) following completion of the monitoring. The water supplier shall keep the sample site location plan on record and submit the plan to the Department in accordance with §  109.1107(a)(1).

   (1)  Materials evaluation. A system shall review the following sources of information in order to identify a sufficient number of lead and copper tap sampling sites.

     (i)   Plumbing codes, permits and records in the files of the building departments of each municipality served by the system which indicate the plumbing materials that are installed within structures connected to the distribution system.

     (ii)   Inspections and records of the distribution system that indicate the material composition of the service connections that connect a structure to the distribution system.

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

   (2)  Lead and copper tap sample site selection. Lead and copper tap sampling sites are classified as tier 1, tier 2 or tier 3. Tier 1 sites are the highest priority sample sites.

     (i)   Site selection for community water systems. The water supplier shall select all tier 1 sample site locations, if possible. A community water system with an insufficient number of tier 1 sampling sites shall complete its sampling pool with tier 2 sites. Tier 3 sites shall be used to complete the sampling pool if the number of tier 1 and tier 2 sites is insufficient. If the system has an insufficient number of tier 1, tier 2 and tier 3 sites, the water supplier shall sample from other representative sites throughout the distribution system in which the plumbing materials used at the site would be commonly found at other sites served by the system.

       (A)   Tier 1 sampling sites shall consist of single family structures that have one or more of the following:

         (I)   Copper pipes with lead solder installed after 1982.

         (II)   Lead pipes.

         (III)   Lead service line.

       (B)   When multiple-family residences comprise at least 20% of the structures served by a water system, the system may consider a representative number of these types of structures as tier 1 sites in its sampling pool, if they meet the other criteria in clause (A).

       (C)   Tier 2 sampling sites shall consist of buildings, including multifamily residences, that have one or more of the following:

         (I)   Copper pipes with lead solder installed after 1982.

         (II)   Lead pipes.

         (III)   Lead service line.

       (D)   Tier 3 sampling sites shall consist of single family structures, constructed as a single family residence and currently used as either a residence or business, that contain copper pipes with lead solder installed before 1983.

     (ii)   Site selection for nontransient noncommunity water systems.

       (A)   The water supplier shall select all tier 1 sample site locations, if possible. A nontransient noncommunity water system with an insufficient number of tier 1 sampling sites shall complete its sampling pool with sampling sites that contain copper pipes with lead solder installed before 1983. If additional sites are needed to complete the sampling pool, the system shall use representative sites throughout the distribution system in which the plumbing materials used at the site would be commonly found at other sites served by the system.

       (B)   Tier 1 sampling sites shall consist of buildings that have one or more of the following:

         (I)   Copper pipes with lead solder installed after 1982.

         (II)   Lead pipes.

         (III)   Lead service line.

     (iii)   Site selection for community and nontransient noncommunity water systems that have fewer than five taps. A system that has fewer than five taps that can be used for drinking water that meet the sample site criteria specified in this paragraph shall collect at least one sample from each tap and then collect additional samples from those taps on different days during the monitoring period to meet the required number of sites.

     (iv)   Site selection for community and nontransient noncommunity facilities that operate continuously. A community water system meeting the conditions in §  109.1104(a)(2)(i)(I), or a nontransient noncommunity water system, that operates continuously and that has an insufficient number of taps commonly used for drinking water to take each first-draw sample from a different tap, may apply to the Department, in writing, to substitute nonfirst-draw samples. Upon approval by the Department in writing, these systems shall collect as many first-draw samples as possible from taps that can be used for drinking water that meet the sample site criteria specified in this paragraph. The remaining samples shall be collected at the times and from the sites identified with the longest standing times. Nonfirst-draw samples must be 1-liter in volume and collected from an interior tap that is typically used to provide water for human consumption.

     (v)   Sample sites with lead service lines. A system that has a distribution system containing lead service lines shall draw 50% of the samples it collects during each monitoring period from sites that contain lead pipes or copper pipes with lead solder, and 50% of the samples it collects during each monitoring period from sites served by a lead service line. If a water system cannot identify a sufficient number of sampling sites served by a lead service line, the system shall collect first draw samples from each site identified as being served by a lead service line.

     (vi)   Sample sites with point-of-use or point-of-entry devices. Samples may not be taken from taps that have point-of-use or sites that have point-of-entry treatment devices designed to remove inorganic contaminants.

   (3)  Water quality parameter sample site selection.

     (i)   Water quality parameter distribution samples. Water quality parameter distribution samples shall be representative of water quality throughout the distribution system taking into account the number of persons served, the different sources of water, the different treatment methods employed by the system and seasonal variability. Distribution sampling is not required to be conducted at sites targeted for lead and copper tap sampling under subsection (a)(1). Systems may find it convenient to conduct distribution sampling for water quality parameters at sites used for coliform sampling under §  109.303(a) (relating to sampling requirements).

     (ii)   Water quality parameter entry point samples. Samples collected at entry points shall be from locations representative of each source after treatment. If a system draws water from more than one source and the sources are combined before distribution, the system shall sample at an entry point during periods of normal operating conditions—that is, when water is representative of all sources being used.

   (4)  Sample procedure certification. A water supplier shall certify that sample collection methods identified in subsection (h)(1) were used to collect lead and copper tap samples. This certification shall be included in the sample site location plan. When a water supplier allows the residents to collect the samples, a copy of the material distributed to residents explaining the proper collection methods, and a list of the residents who performed sampling shall be included in the sample site location plan.

 (h)  Sample collection methods.

   (1)  Lead and copper tap samples. Tap samples for lead and copper collected in accordance with this subchapter, with the exception of lead service line samples collected under §  109.1107(d)(3) and tap monitoring samples collected under §  109.1103(g)(2)(iv), shall be first-draw samples and the following sample collection methods shall be used:

     (i)   Each first-draw tap sample for lead and copper shall be 1 liter in volume and have stood motionless in the plumbing system of each sampling site for at least 6 hours.

     (ii)   First-draw samples from residential housing shall be collected from the cold water kitchen tap or bathroom sink tap. First-draw samples from a nonresidential building shall be collected at an interior tap from which water is typically drawn for drinking.

     (iii)   First-draw samples may be collected by the water supplier or the water supplier may allow residents to collect first-draw samples after instructing the residents of the sampling procedures specified in this paragraph.

     (iv)   If a water supplier allows residents to perform sampling, the system may not challenge, based on alleged errors in sample collection, the accuracy of sampling results.

     (v)   Acidification of first-draw samples may be done up to 14 days after the sample is collected. After acidification, the sample shall stand in the original container for the time specified according to the approved EPA method before analyzing the sample.

     (vi)   For subsequent monitoring, the water supplier shall make every reasonable effort to collect each first-draw tap sample from the same sampling site from which it collected a previous sample. If the water supplier is unable to use an original sampling site, the system may collect the tap sample from another sampling site in its sampling pool as long as the new site meets the same targeting criteria, and is within reasonable proximity to the original site.

   (2)  Water quality parameter distribution samples. Water quality parameter distribution samples shall be collected using the following methods:

     (i)   Samples shall be fully flushed.

     (ii)   If a water supplier collects the water quality parameter distribution samples from the same location as coliform and disinfectant residual samples, the water quality parameter samples shall be collected in the following manner:

       (A)   Fully flush the tap and collect the coliform sample.

       (B)   Collect a sample to measure disinfectant residual.

       (C)   Collect and analyze the sample for temperature and pH.

       (D)   Collect the samples for the other water quality parameters.

     (iii)   Water quality parameter samples require two 500-ml samples to be collected. Two sample containers are required because calcium analysis shall be performed using a separate sample container in order to acidify the sample prior to measurement.

     (iv)   Temperature analyses shall be conducted in the field to insure accuracy.

     (v)   pH measurements shall be conducted in the field and made with a pH electrode and meter within 15 minutes of sample collection. The meter shall be capable of measuring to 1/10 of a unit.

     (vi)   If silica analyses are required, the sample shall be collected in a plastic container.

   (3)  Water quality parameter entry point samples. Water quality parameter entry point samples shall be collected using the methods identified in paragraph (2), except subparagraphs (ii) and (iii).

   (4)  Source water samples. Lead and copper source water samples shall be collected in accordance with the requirements regarding sample location, number of samples and collection methods specified in 40 CFR 141.88(a)(1) (relating to monitoring requirements for lead and copper in source water).

   (5)  Lead service line samples. Each lead service line sample shall be 1 liter in volume and have stood motionless in the lead service line for at least 6 hours. Lead service line samples shall be collected in one of the following ways:

     (i)   At the tap after flushing the volume of water between the tap and the lead service line. The volume of water shall be calculated based on the interior diameter and length of the pipe between the tap and the lead service line.

     (ii)   Tapping directly into the lead service line.

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

 (i)  Analytical methods. Analyses for lead, copper, pH, conductivity, calcium, alkalinity, orthophosphate, silica and temperature shall be conducted in accordance with 40 CFR 141.89 (relating to analytical methods) which is incorporated by reference. The Department will only consider lead and copper samples analyzed by a laboratory certified by the Department. Measurements for water quality parameters may be performed by a person meeting the operator certification requirements of §  109.1107(c).

 (j)  Invalidation of lead or copper tap water samples. A sample invalidated under this paragraph does not count toward determining lead or copper 90th percentile levels under §  109.1102(a) or toward meeting the minimum monitoring requirements of this section. The Department’s decision and rationale for invalidating a sample must be documented in writing.

   (1)  The Department may invalidate a lead or copper tap water sample if at least one of the following conditions is met:

     (i)   The laboratory establishes that improper sample analysis caused erroneous results.

     (ii)   The Department determines that the sample was taken from a site that did not meet the site selection criteria of this section.

     (iii)   The sample container was damaged in transit.

     (iv)   There is substantial reason to believe that the sample was subject to tampering.

   (2)  The system shall report to the Department the results of all samples, along with supporting documentation for samples the system believes should be invalidated.

   (3)  A system shall collect replacement samples for any samples invalidated under this subsection if, after the invalidation of one or more samples, the system has too few samples to meet the minimum monitoring requirements of this section.

     (i)   Replacement samples shall be taken as soon as possible but no later than 20 days after the Department invalidates the sample or by the end of the applicable monitoring period, whichever occurs later.

     (ii)   Replacement samples taken after the end of the applicable monitoring period shall not be used to meet the monitoring requirements of a subsequent monitoring period.

     (iii)   Replacement samples shall be taken at the same locations as the invalidated samples or, if that is not possible, at locations other than those already used for sampling during the monitoring period.

 (k)  Monitoring waivers for small systems. A small system that meets the criteria of this subsection may apply to the Department to reduce the frequency of monitoring for lead and copper under this section to once every 9 years if it meets all of the materials criteria specified in paragraph (1) and all of the monitoring criteria specified in paragraph (2). A system that meets the criteria in paragraphs (1) and (2) only for lead, or only for copper, may apply to the Department for a waiver to reduce the frequency of tap water monitoring to once every 9 years for that contaminant only.

   (1)  Materials criteria. The system shall demonstrate that its distribution system, service lines and all drinking water plumbing, including plumbing conveying drinking water within all residences and buildings connected to the system, are free of lead-containing materials or copper-containing materials or both as follows:

     (i)   Lead. To qualify for a waiver of tap monitoring requirements for lead, the system shall provide certification and supporting documentation to the Department that the system is free of all lead-containing materials as follows:

       (A)   It contains no plastic pipes which contain lead plasticizers, or plastic service lines which contain lead plasticizers.

       (B)   It is free of lead service lines, lead pipes, lead soldered pipe joints, and leaded brass or bronze alloy fittings and fixtures, unless the fittings and fixtures meet the specifications of any standard established under 42 U.S.C.A. §  300g-6(e) (relating to plumbing fittings and fixtures).

     (ii)   Copper. To qualify for a waiver of the tap water monitoring requirements for copper, the system shall provide certification and supporting documentation to the Department that the system contains no copper pipes or copper service lines.

   (2)  Monitoring criteria for waiver issuance. The system shall have completed at least one 6-month round of routine tap water monitoring for lead and copper at sites approved by the Department and from the number of sites as required under subsection (a)(1)(v). The system shall demonstrate that the 90th percentile levels for all rounds of monitoring conducted since the system became free of all lead-containing or copper-containing materials, as appropriate, meet the following criteria:

     (i)   Lead levels. To qualify for a waiver of the lead tap monitoring, the system shall demonstrate that the 90th percentile lead level does not exceed 0.005 mg/L.

     (ii)   Copper levels. To qualify for a waiver of the copper tap monitoring, the system shall demonstrate that the 90th percentile copper level does not exceed 0.65 mg/L.

   (3)  Department approval of waiver application. The Department will notify the system of its waiver determination, in writing, setting forth the basis of the decision and any condition of the waiver. A system shall continue monitoring for lead and copper at the tap as required by this section until it receives written notification from the Department that the waiver has been approved.

   (4)  Monitoring frequency for systems with waivers.

     (i)   A system shall conduct tap water monitoring for the contaminant waived in accordance with subsection (e)(1)(iii) at the reduced number of sites identified in subsection (e) at least once every 9 years and provide the materials certification specified in paragraph (1) for the contaminants waived along with the monitoring results. Monitoring shall be conducted during the last year of each 9-year compliance cycle—for example 2010, 2019, 2028 and so forth.

     (ii)   A system shall continue to monitor for any nonwaived contaminants in accordance with subsection (a)(1), as appropriate.

     (iii)   A system with a waiver shall notify the Department, in writing, within 60 days after becoming aware that it is no longer free of lead-containing or copper-containing materials, as appropriate, as a result of new construction or repair.

   (5)  Continued eligibility. If the system continues to satisfy the requirements of paragraph (4), the waiver will be renewed automatically unless any of the conditions listed in subparagraph (i)—(iii) occurs. A system whose waiver has been revoked may reapply for a waiver when it again meets the appropriate materials and monitoring criteria of paragraphs (1) and (2).

     (i)   A system with a lead waiver no longer satisfies the materials criteria of paragraph (1)(i) or has a 90th percentile lead level greater than 0.005 mg/L.

     (ii)   A system with a copper waiver no longer satisfies the materials criteria of subsection (k)(1)(ii) or has a 90th percentile copper level greater than 0.65 mg/L.

     (iii)   The Department notifies the system, in writing, that the waiver has been revoked.

   (6)  Requirements following waiver revocation. A water system whose waiver has been revoked is subject to the corrosion control treatment, and lead and copper tap water monitoring requirements as follows:

     (i)   If the system exceeds the lead or copper, or both, action level, the system shall implement corrosion control treatment in accordance with §  109.1102(b), and any other applicable requirements of this subchapter.

     (ii)   If the system meets both the lead and copper action levels, the system shall monitor for lead and copper at the tap no less frequently than once every 3 years in accordance with the frequency, timing and the reduced number of sample sites specified in subsection (e).

Authority

   The provisions of this §  109.1103 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 §  109.1103 amended August 9, 2002, effective August 10, 2002, 32 Pa.B. 3894; amended August 13, 2004, effective August 14, 2004, 34 Pa.B. 4435; 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. Immediately preceding text appears at serial pages (355073) to (355089).

Cross References

   This section cited in 25 Pa. Code §  109.1 (relating to definitions); 25 Pa. Code §  109.1102 (relating to action levels and treatment technique requirements); 25 Pa. Code §  109.1104 (relating to public education and notification); and 25 Pa. Code §  109.1107 (relating to system management responsibilities).

§ 109.1104. Public education and notification.

 (a)  Public education program. The water supplier for a system that exceeds the lead action level based on tap monitoring conducted under §  109.1103 (relating to monitoring requirements) shall implement a public education program in accordance with this section. The public education program must remain in effect until the system qualifies for discontinuation under paragraph (3).

   (1)  Content. The water supplier shall include mandatory language established by the EPA under 40 CFR 141.85 (relating to public education and supplemental monitoring requirements), which is incorporated by reference, in all of the printed and broadcast materials distributed through the lead public education program. Additional information presented by a system must be consistent with the information specified in this section and be in plain English that can be understood by laypersons. If appropriate or as designated by the Department, public education materials must be bilingual or multilingual. Systems may delete information pertaining to lead service lines, upon approval by the Department, if no lead service lines exist in the system’s service area.

     (i)   Content of written materials. Community water suppliers and nontransient noncommunity water suppliers shall include the mandatory language and other content requirements established under 40 CFR 141.85(a)(1) and (2), which is incorporated by reference.

     (ii)   Information for non-English-speaking populations. For each non-English-speaking group that exceeds 10% of the residents for systems serving at least 1,000 people or 100 residents for systems serving less than 1,000 people, and speak the same language other than English, the written materials must contain information in the appropriate languages regarding the importance of the materials or contain a telephone number or address where persons served may contact the water system to obtain a translated copy of the materials or to request assistance in the appropriate language.

     (iii)   Submission of written materials. Water systems shall submit copies of all written public education materials to the Department prior to delivery.

   (2)  Delivery.

     (i)   Community water system requirements. Within 60 days after the end of the monitoring period in which the lead action level was exceeded, unless it is already repeating public education tasks under this subsection, the water supplier for a community water system shall deliver the public education materials to its customers in accordance with clauses (A)—(G). The water supplier shall repeat the tasks contained in clauses (A)—(D) and (H) every 12 months, and in clause (G) every 6 months for as long as the system exceeds the lead action level. For systems that are required to conduct monitoring annually or less frequently, the end of the monitoring period is September 30 of the calendar year in which sampling occurs, or, if the Department has designated an alternate monitoring period, the end of the monitoring period is the last day of the 4-month period in which sampling occurs.

       (A)   The water supplier shall deliver printed materials meeting the content requirements of paragraph (1) to all bill paying customers.

       (B)   The water supplier shall deliver education materials meeting the content requirements of paragraph (1) to the local board or department of public health that has jurisdiction over the water system’s service area, along with an informational notice that encourages distribution to all the potentially affected consumers. The water supplier shall contact the local board or department of public health directly by phone or in person. The local board or department of public health may provide a specific list of additional community based organizations serving target populations which may include organizations outside the service area of the water system. If a list is provided, the water supplier shall deliver education materials that meet the content requirements of paragraph (1) to all the organizations on the list.

       (C)   The water supplier shall deliver education materials meeting the content requirements of paragraph (1) to the organizations listed in subclauses (I)—(VI) that are located within the water system’s service area, along with an informational notice that encourages distribution to all the organization’s potentially affected customers or water system’s users:

         (I)   Public and private schools or local school boards, or both.

         (II)   Women, Infants, and Children or Head Start Programs whenever available.

         (III)   Public and private hospitals and medical clinics.

         (IV)   Pediatricians.

         (V)   Family planning clinics.

         (VI)   Local welfare agencies.

       (D)   The water supplier shall make a good faith effort to locate the following organizations within the water system’s service area and deliver education materials meeting the content requirements of paragraph (1) to them along with an informational notice that encourages distribution to all the organization’s potentially affected customers or users. The good faith effort to contact at-risk customers must include requesting a specific contact list of the organizations in subclauses (I)—(III) from the local board or department of public health that has jurisdiction over the water system’s service area:

         (I)   Licensed childcare centers.

         (II)   Public and private preschools.

         (III)   Obstetricians-gynecologists and midwives.

       (E)   The water supplier shall provide information on or in each water bill at least quarterly. The message on the water bill must include the following statement exactly as written except for the text in brackets for which the water system must include system-specific information:

       ‘‘[INSERT WATER SYSTEM NAME] found high levels of lead in drinking water in some homes. Lead can cause serious health problems. For more information please call [INSERT WATER SYSTEM NAME] (or visit [INSERT WEB SITE ADDRESS]).’’

       (F)   The water supplier shall post education materials meeting the content requirements of paragraph (1) on the water system’s web site if the system serves a population greater than 100,000 for as long as the system exceeds the lead action level.

       (G)   The water supplier shall submit a press release to newspaper, radio and television stations.

       (H)   In addition to the requirements of clauses (A)—(F), community water suppliers shall implement at least three activities from the categories listed in subclauses (I)—(IX). The educational content and selection of these activities shall be determined in consultation with the Department.

         (I)   Public service announcements.

         (II)   Paid advertisements.

         (III)   Public area information displays.

         (IV)   E-mails to customers.

         (V)   Public meetings.

         (VI)   Household deliveries.

         (VII)   Targeted individual customer contact.

         (VIII)   Direct distribution of education materials to all multifamily homes and institutions.

         (IX)   Other methods approved by the Department.

       (I)   A community water system may apply to the Department, in writing, to omit the text required in 40 CFR 141.85(a)(2) and to perform the tasks listed under subparagraph (ii) in lieu of the tasks under clauses (A)—(H) if the following apply:

         (I)   The system is a facility, such as a prison or a hospital, where the population served is not capable of or is prevented from making improvements to the plumbing or installing point-of-use treatment devices.

         (II)   The system provides water as part of the cost of services provided and does not charge for water consumption.

       (J)   A community water system serving 3,300 or fewer persons may modify its public education program as follows:

         (I)   The system may limit distribution of public education materials required under clauses (B) and (C) to facilities and organizations served by the system that are most likely to be visited by pregnant women and children.

         (II)   The system may omit the task in clause (G) if notices meeting the content requirements of paragraph (1) are distributed to every household served by the system.

         (III)   The system shall implement at least one of the tasks specified in clause (H).

     (ii)   Nontransient noncommunity water system requirements. Within 60 days after the end of the monitoring period in which the lead action level was exceeded, the water supplier for a nontransient noncommunity water system shall deliver the public education materials contained in paragraph (1) to its consumers, unless it is already repeating public education tasks under this subsection. For systems that are required to conduct monitoring annually or less frequently, the end of the monitoring period is September 30 of the calendar year in which sampling occurs, or, if the Department has designated an alternate monitoring period, the end of the monitoring period is the last day of the 4-month period in which sampling occurs.

       (A)   The water supplier shall post informational posters on lead in drinking water in a public place or common area in each of the buildings served by the system and distribute informational pamphlets or brochures, or both, on lead in drinking water to each person routinely served by the nontransient noncommunity water system. Systems may use electronic transmission in lieu of or combined with printed materials as long as it achieves at least the same coverage.

       (B)   The water supplier shall repeat the tasks contained in clause (A) at least once during each calendar year in which the system exceeds the lead action level.

     (iii)   Extension of the 60-day delivery deadline. Water systems may request an extension of the 60-day delivery deadline, but the water system must receive written approval from the Department prior to the 60-day deadline.

   (3)  Discontinuation of public education program. A water supplier may discontinue delivery of public education materials if the system does not exceed the lead action level during the most recent 6-month monitoring period conducted under §  109.1103. The system shall resume public education in accordance with this section if it exceeds the lead action level at any time during a future monitoring period.

   (4)  Notification of customer monitoring. A water supplier that fails to meet the lead action level on the basis of tap monitoring conducted in accordance with §  109.1103 shall provide information regarding laboratories certified by the Department for lead and copper testing to any customer who requests it.

 (b)  Notification of results. Water systems shall deliver a consumer tap notice of lead tap water monitoring results to persons served by the water at sites that are sampled under §  109.1103.

   (1)  Content. The consumer notice must include the following:

     (i)   The results of lead tap water monitoring for the tap that was sampled.

     (ii)   An explanation of the health effects of lead.

     (iii)   A list of steps consumers can take to reduce exposure to lead in drinking water.

     (iv)   Contact information for the water system.

     (v)   The maximum contaminant level goal and the action level for lead and the definitions for these two terms specified by the EPA in 40 CFR 141.153(c) (relating to content of the reports).

   (2)  Timing. Water systems shall provide the consumer notice within 30 days after the system learns of the tap monitoring results.

   (3)  Delivery. The consumer notice shall be delivered to persons served at the tap that was sampled either by mail or by another method approved by the Department. The system shall provide notice to all persons served by the tap that was sampled, including consumers who do not receive water bills.

 (c)  Public notification requirements. A water supplier shall give public notification in accordance with Subchapter D (relating to public notification) when one of the following occurs:

   (1)  The water supplier fails to perform monitoring and analyses as required by §  109.1103.

   (2)  The water supplier is not in compliance with a treatment technique established under §  109.1102(b) (relating to action levels and treatment technique requirements).

Source

   The provisions of this §  109.1104 amended August 9, 2002, effective August 10, 2002, 32 Pa.B. 3894; amended December 17, 2010, effective December 18, 2010, 40 Pa.B. 7212. Immediately preceding text appears at serial pages (345378), (290633) to (290634) and (345379).

Cross References

   This section cited in 25 Pa. Code §  109.1103 (relating to monitoring requirements); and 25 Pa. Code §  109.1107 (relating to system management responsibilities).

§ 109.1105. Permit requirements.

 (a)  General permit requirements. A person may not construct, substantially modify or operate corrosion control treatment facilities to comply with this subchapter without having obtained the appropriate permit approvals under Subchapter E (relating to permit requirements) and this section.

 (b)  Construction permits and permit amendments. The water supplier shall submit an application for a public water system construction permit for a newly-created system or an amended construction permit for a currently-permitted system for corrosion control treatment facilities by the applicable deadline established in §  109.1102(b)(2) (relating to action levels and treatment technique requirements), unless the system complies with paragraph (1) or (2) or otherwise qualifies for a minor permit amendment under §  109.503(b) (relating to public water system construction permits). The permit application must comply with §  109.503 and contain the applicable information specified therein. The application must include recommended water quality parameter performance requirements for optimal corrosion control treatment as specified in §  109.1102(b)(5) and other data, information or documentation necessary to enable the Department to consider the application for a permit for construction of the facilities.

   (1)  Community water system minor permit amendments. Until August 18, 2018, a community water supplier may submit a written request for an amended construction permit to the Department if the system satisfies the conditions under subparagraphs (i)—(iv). A request for an amended construction permit under this paragraph must describe the proposed change in sufficient detail to allow the Department to adequately evaluate the proposal.

     (i)   The system is a small water system.

     (ii)   The sources of supply for the system are not surface water sources.

     (iii)   Except for corrosion control treatment, the sources require treatment no greater than disinfection to provide water of a quality that meets the MCLs and treatment technique requirements established under Subchapter B (relating to MCLs, MRDLs or treatment technique requirements).

     (iv)   The proposed corrosion control treatment is limited to alkalinity or pH adjustment, or both.

   (2)  Nontransient noncommunity water system permits. Until August 18, 2018, a nontransient noncommunity water supplier is not required to obtain a construction permit or permit amendment under subsection (b) if the system satisfies the following specifications and conditions:

     (i)   The system is a small water system.

     (ii)   The sources of supply for the system are not surface water sources.

     (iii)   Except for corrosion control treatment, the sources require treatment no greater than disinfection to provide water of a quality that meets the MCLs and treatment technique requirements established under Subchapter B.

     (iv)   The proposed corrosion control treatment is limited to alkalinity or pH adjustment, or both.

     (v)   The water supplier files a brief description of the proposed treatment, including recommended water quality parameter performance requirements for optimal corrosion control treatment as specified in §  109.1102(b)(5), on forms acceptable to the Department. Descriptions of modifications shall be submitted and approved by the Department prior to construction.

   (3)  Beginning August 19, 2018, community water systems and nontransient noncommunity water systems required to install optimal corrosion control treatment in accordance with §  109.1102(b) shall obtain a construction and operation permit.

 (c)  Operation permits. Except for nontransient noncommunity water systems complying with subsection (b)(2), the water supplier shall obtain an operation permit or amended operation permit following completion of construction and prior to initiation of operation of corrosion control treatment facilities. The permit will be issued in accordance with §  109.504 (relating to public water system operation permits). The Department will not issue an operation permit under this subchapter unless the water system complies with the operation and maintenance plan requirements under §  109.1107(b) (relating to system management responsibilities) and the operator certification requirements under §  109.1107(c). The water supplier for a community water system or nontransient noncommunity water system shall submit a request for Department designation of optimal corrosion control treatment performance requirements in accordance with §  109.1102(b)(2) and the Department will issue an amended operation permit designating the performance requirements as specified in §  109.1102(b)(5).

Authority

   The provisions of this §  109.1105 amended under section 4(a) of the Pennsylvania Safe Drinking Water Act (35 P.S. §  721.4(a)); and section 1920-A(b) of The Administrative Code of 1929 (71 P.S. §  510-20(b)).

Source

   The provisions of this 109.1105 amended July 20, 2001, effective July 21, 2001, 31 Pa.B. 3895; 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 August 17, 2018, effective August 18, 2018, 48 Pa.B. 4974. Immediately preceding text appears at serial pages (355094) to (355095).

Cross References

   This section cited in 25 Pa. Code §  109.1102 (relating to action levels and treatment technique requirements); and 25 Pa. Code §  109.1106 (relating to design standards).

§ 109.1106. Design standards.

 Corrosion control treatment facilities shall be designed to satisfy the following standards unless the Department determines that the requirement is not technologically feasible or is not necessary to optimize corrosion control:

   (1)  A minimum pH measured in distribution samples of at least 7.0.

   (2)  For systems that are exempt under §  109.1105(b)(1) or (2) (relating to permit requirements) from submitting a construction permit application, a minimum alkalinity measured in all distribution samples of 20 mg/l.

§ 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).

§ 109.1108. Fees.

 An application for the review of a corrosion control treatment feasibility study under §  109.1102(b)(3) (relating to action levels and treatment technique requirements), a permit from the Department under this subchapter or a Department designation of optimal corrosion control treatment performance requirements in accordance with §  109.1102(b)(2)(ii) must be accompanied by a fee in the amount specified in Subchapter N (relating to drinking water fees).

Authority

   The provisions of this §  109.1108 amended under section 4(a) of the Pennsylvania Safe Drinking Water Act (35 P.S. §  721.4(a)); and section 1920-A(b) of The Administrative Code of 1929 (71 P.S. §  510-20(b)).

Source

   The provisions of this §  109.1108 amended August 17, 2018, effective August 18, 2018, 48 Pa.B. 4974. Immediately preceding text appears at serial pages (391449) to (391450).



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