§ 65.56. LSLR plan requirements.
An entity’s LSLR plan must contain, at a minimum:
(a) Service line inventory.
(1) Entities subject to this chapter shall submit to the Commission a service line inventory that complies with United States Environmental Protection Agency regulation at 40 CFR 141.1—143.20 as enforced by the Department of Environmental Protection, inclusive of future changes as those regulations may be amended.
(2) An entity acquiring a water distribution system shall provide to the Commission a service line inventory for the acquired system upon completion of the acquisition or as part of the entity’s service line inventory under paragraph (1), whichever is later. An entity may rely on a previously completed service line inventory for an acquired system if the entity updates the service line inventory to meet the requirements of paragraph (3).
(3) An entity’s service line inventory must comply with the timing and direction of United States Environmental Protection Agency regulation at 40 CFR 141.1—143.20 as enforced by the Department of Environmental Protection, inclusive of future changes as those regulations may be amended.
(4) An entity shall identify assumptions in its service line inventory to the Commission.
(5) Until the inventory is complete, an entity shall provide detailed information regarding the progress of its service line inventory as part of its annual LSLR program report under § 65.59 (relating to LSLR program reports).
(6) After an entity’s service line inventory is complete, it must be incorporated into the entity’s next LSLR plan update under § 65.57 (relating to periodic review of LSLR plan).
(b) Planning and replacements. The planning and replacements section of an entity’s LSLR plan must include:
(1) The entity’s projected annual investment in LSLRs with an explanation of the entity’s anticipated sources of financing.
(2) The entity’s projected number of LSLRs per calendar year with an explanation of how the entity’s projection was determined and a statement that this number is consistent with the entity’s annual cap on LSLRs.
(3) The prioritization criteria considered by the entity when developing its LSLR schedule.
(4) An explanation of the entity’s processes and procedures to address emergency repairs or replacements which reveal LSLs.
(5) The entity’s processes and procedures to obtain acceptance of a LSLR prior to LSLR project commencement if the customer is the property owner, and the entity’s processes and procedures to obtain acceptance prior to LSLR project commencement if the customer is not the property owner.
(6) The entity’s processes and procedures based upon acceptance of a LSLR, including:
(i) A consent agreement form by which the customer or property owner, if the customer is not the property owner, will authorize the LSLR.
(ii) A brief description of the entity’s process for LSLRs under normal conditions and under atypical conditions.
(iii) An explanation of the entity’s process for coordination with the customer, and property owner, if the customer is not the property owner, and the information the entity will provide to the customer and the property owner throughout the LSLR process.
(iv) The entity’s process for addressing LSLR completion or closeout, or both, with the customer and property owner, if the customer is not the property owner.
(7) The entity’s lead/material recycling and disposal efforts, including a description of what the entity will do with proceeds from recycling and disposal efforts.
(8) The industry-accepted practices that the entity plans to use to replace entity-owned and customer-owned LSLs.
(9) A detailed explanation of how the entity’s acquisition of water distribution systems will be integrated into the entity’s efforts to complete LSLRs throughout its water distribution systems.
(10) The procedure for documenting refusal of, or failure to accept, the offer by the entity to replace a LSL, including the entity’s duty to:
(i) Provide the customer and property owner, if the customer is not the property owner, with a complete disclosure of the known health hazards from the continued use of a LSL.
(ii) Inform the customer or property owner, if the customer is not the property owner, that refusal or failure to accept will require replacement of the customer-owned LSL, at the customer or property owner’s expense, within 1 year from LSLR project commencement for the customer or property owner, if the customer is not the property owner, to be eligible for reimbursement.
(iii) Communicate to the customer and property owner, if the customer is not the property owner, that failure to allow the entity to complete the LSLR or to replace the customer-owned LSL concurrent with the entity replacing the entity-owned LSL will lead to termination of water service under the provisions of the entity’s tariff.
(c) Communications, outreach and education. An entity subject to this chapter shall demonstrate compliance with United States Environmental Protection Agency regulations at 40 CFR 141.85 (relating to public education and supplemental monitoring and mitigation requirements), inclusive of future changes as those regulations may be amended.
(1) The entity’s LSLR plan must include copies of all printed and broadcast material to be distributed under the entity’s LSLR program.
(2) A Class A public utility or an authority shall develop a LSLR section of its web site within 12 months of Commission approval of its LSLR program. The web site must contain, at a minimum:
(i) An online tool describing the replacement schedule by geographic location, at least 6 months into the future.
(ii) Information regarding the reimbursement requirements and a secure online tool that provides customers or property owners, if the customer is not the property owner, the ability to determine whether the customer or property owner may be eligible for a reimbursement.
(iii) Information that provides the ability to determine whether a property may have a LSL, delineating the known or reasonably anticipated material types for the entity-owned and customer-owned portions of the service line and a method to request assistance to determine if a service line is a LSL.
(iv) Information and resources relating to health risks associated with lead and LSLs, the status of current efforts to replace LSLs and community meetings and advisory committees hosted by the entity.
Cross References This section cited in 52 Pa. Code § 65.55 (relating to LSLR program requirements).
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