Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 02-1372e

[32 Pa.B. 3894]

[Continued from previous Web Page]

   (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 action level exceedance. 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(b)(2).

   (e)  Reduced monitoring.

   (1)  Reduced lead and copper tap monitoring. A community water system conducting reduced lead and copper tap monitoring shall collect one sample from the number of sample sites listed in the following column. A nontransient noncommunity water system may reduce the number of sample sites to five, regardless of population served.

System size (# of # of Sample Sites
people served) (reduced monitoring)
> 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 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) may request that the Department allow the system to reduce the frequency of monitoring to once per year and reduce the number of lead and copper sample sites.

   (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 maintains the range of values for optimal corrosion control treatment water quality parameter performance requirements specified by the Department under § 109.1102(b)(5) during 3 consecutive years of monitoring may request that the Department allow the system to reduce the frequency of lead and copper tap monitoring from annually to once every 3 years.

   (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)  Request for reduced monitoring. A system requesting reduced lead and copper tap monitoring under subparagraph (i)(B) or (ii)(B) shall submit that request on forms acceptable to the Department. The request shall include a summary of lead and copper tap and water quality parameter monitoring results and the results shall demonstrate that the system qualifies for reduced monitoring. The Department will review the information submitted and notify the water supplier of its decision and the basis for that decision.

   (iv)  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 a different period for conducting lead and copper tap monitoring sampling for systems collecting a reduced number of samples. 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.

   (v)  Reduced lead and copper tap monitoring revocation.

   (A)  A large water system authorized to conduct reduced lead and copper tap monitoring 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 resume lead and copper tap sampling in accordance with subsection (d)(1).

   (B)  A small or medium water system authorized to conduct reduced lead and copper tap monitoring that exceeds either the lead or copper action level shall comply with the following:

   (I)  The water supplier shall conduct water quality parameter monitoring during the monitoring period in which the action level is exceeded.

   (-a-)  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). If the results of this monitoring indicate that the system failed 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, the water supplier shall resume lead and copper tap sampling in accordance with subsection (d)(1).

   (-b-)  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).

   (II)  The water supplier shall conduct source water monitoring in accordance with subsection (a)(3).

   (III)  If the lead action level is exceeded, the water supplier shall conduct a public education program in accordance with § 109.1104(a).

   (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 (c)(2)(iii)(B).

   (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. 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 (c)(2)(iii)(B).

   (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).

   (iii)  Reduced water quality parameter monitoring revocation. A large water system subject to reduced water quality parameter monitoring 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 any 6-month period shall resume water quality parameter distribution sampling in accordance with the number and frequency requirements specified in subsection (d)(2).

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

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

   (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 in accordance with § 109.1107(a)(1). If the system is required to prepare a corrosion control treatment feasibility study in accordance with § 109.1102(b)(3)(i), the system shall include the sample site location plan as part of the study.

   (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. 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.

   (A)  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.

   (B)  If a nontransient noncommunity water system or a community water system that meets the criteria of § 109.1104(a)(2)(i)(E) contains a fewer number of buildings than the required number of sampling sites, the water supplier shall sample from different taps within a representative number of buildings. The taps shall be those most commonly used for drinking and the samples shall be taken on different days. If the system has an insufficient number of these taps to take each sample from a different tap, the water supplier may apply to the Department, in writing, to substitute non-first-draw samples. Those systems shall collect as many first-draw samples from appropriate taps as possible and identify sampling times and locations that would likely result in the longest standing time for the remaining sites. Non-first-draw samples must be 1-liter in volume and collected from an interior tap that is typically used to provide drinking water.

   (iii)  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 those samples 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.

   (iv)  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 § 109.1103(a)(1) (relating to monitoring requirements). 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)(ii)(B), 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 consumption.

   (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 141.23(a)(1) (relating to inorganic chemical sampling and analytical requirements).

   (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. Any 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 subsection (k)(1) and all of the monitoring criteria specified in subsection (k)(2). A system that meets the criteria in subsection (k)(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)(iv) 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.

   (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 using the reduced number of sample sites specified in subsection (e).

§ 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 will 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 shall 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 shall 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)  Mandatory language for newspapers and water bill inserts. The community water supplier shall include the information contained in 40 CFR 141.85(a) in all printed material submitted to newspapers and inserted with customers' water bills. In addition to the water bill insert, the water supplier shall provide the following alert on the water bill itself in large print:

''Some homes in this community have elevated lead levels in their drinking water. Lead can pose a significant risk to your health. Please read the enclosed notice for further information.''

If a water supplier is unable to include the alert verbatim on the water bill because of insufficient space on the bill, the water supplier may request, and the Department may allow, a minor wording change so long as the content remains essentially unaffected. Public education language in 40 CFR 141.85(a)(1)(iv)(B)(5) and (D)(2) may be modified regarding building permit record availability and consumer access to these records, upon approval by the Department.

   (ii)  Mandatory language for pamphlets and brochures. The water supplier shall include the information contained in 40 CFR 141.85(a)(1)(ii) and (iv) in all pamphlets or brochures printed and distributed in accordance with this section.

   (iii)  Mandatory language for public service announcements. The water supplier shall include the information contained in 40 CFR 141.85(b) in public service announcements submitted for broadcast.

   (iv)  Mandatory language for nontransient noncommunity water systems. The water supplier for a nontransient noncommunity water system shall include either the information contained in 40 CFR 141.85(a)(1), or the information contained in 40 CFR 141.85(a)(2), in public education materials printed and distributed in accordance with this section.

   (2)  Delivery.

   (i)  Community water system requirements. Within 60 days after exceeding the lead action level, unless it is already repeating public education tasks under subsection (a), the water supplier for a community water system shall deliver the public education materials to its customers in accordance with clauses (A)--(D). The water supplier shall repeat the tasks contained in clauses (A)--(C) every 12 months, and in clause (D) every 6 months for as long as the system exceeds the lead action level.

   (A)  The water supplier shall insert notices with and include the alert on each customer's water bill containing the information in paragraph (1)(i). If the billing cycle or billing form prevents distribution of this notice within 60 days of the lead action level exceedance, the water supplier may deliver the information required in paragraph (1) within 60 days of the lead action level exceedance in one of the following ways:

   (I)  A separate direct mailing.

   (II)  Hand delivery.

   (B)  The water supplier shall submit the information in paragraph (1)(i) to the editorial departments of the major daily and weekly newspapers circulated throughout the community.

   (C)  The water supplier shall deliver pamphlets or brochures, or both, that contain the information in paragraph (1)(ii) to facilities and organizations, including the following:

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

   (II)  City or county health department.

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

   (IV)  Public and private hospitals and clinics.

   (V)  Pediatricians.

   (VI)  Family planning clinics.

   (VII)  Local welfare agencies.

   (D)  The water supplier shall submit a public service announcement which includes the information in paragraph (1)(iii) to at least five of the radio and television stations with the largest audiences that broadcast to the community served by the water system.

   (E)  A community water system may apply to the Department, in writing, to use the text specified in 40 CFR 141.185(a)(2) in lieu of the text in 40 CFR 141.185(a)(1), and to perform the tasks listed under subparagraph (ii)(A) in lieu of the tasks under clauses (A)--(D) if:

   (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.

   (F)  A community water system serving 3,300 or fewer persons may omit the task contained in clause (D) if notices containing the information required under paragraph (1) are distributed to every household served by the system at least once during each calendar year the system exceeds the lead action level.

   (ii)  Nontransient noncommunity water system requirements. Within 60 days after exceeding the lead action level, the water supplier for a nontransient noncommunity water system shall deliver the public education materials contained in paragraph (1)(iv) to its consumers, unless it is already repeating public education tasks under this subsection.

   (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.

   (3)  Discontinuation of public education program. A water supplier may discontinue implementation of its public education program 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)  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).

§ 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 present or submit the plan upon request to the Department. 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 and corresponding site selection justification required under § 109.1103(g)(2)(v).

   (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 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 lead and copper tap monitoring.

   (I)  The 90th percentile result.

   (J)  Whether an action level has been exceeded.

   (K)  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)  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 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. 281961

   (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)  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.

   (6)  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 and training. 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 following requirements:

   (1)  Prior to initiation of operation of the corrosion control treatment facilities, have personnel who have successfully completed Department-sponsored training relating to corrosion control treatment for lead and copper. The Department will expressly designate which training courses meet the requirements of this subsection.

   (2)  Within 3 years of initiation of operation of the corrosion control treatment facilities, have personnel certified under the Sewage Treatment Plant and Waterworks Operators' Certification Act (63 P. S. §§ 1001--1015). The minimum certification to operate corrosion control treatment facilities shall be a certificate to operate plants not utilizing filtration, but with chemical treatment, according to § 303.2 (relating to waterworks operators certificates).

   (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 with the next 6-month monitoring period following the action level exceedance.

   (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 replace 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 shall 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 (2).

[Pa.B. Doc. No. 02-1372. Filed for public inspection August 9, 2002, 9:00 a.m.]



No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.