Section 405. Lead and copper treatment techniques

A. Lead and copper corrosion control techniques.

1. Corrosion control treatment requirements. The owners of all community and nontransient noncommunity waterworks shall install and operate optimum corrosion control treatment by completing the corrosion control treatment requirements described below which are applicable to such owners under subdivision A 2 of this section.

a. Owner's proposal regarding corrosion control treatment. Based upon the results of lead and copper tap monitoring and water quality parameter monitoring, the owners of small and medium waterworks exceeding the lead or copper action level shall propose installation of one or more of the corrosion control treatments listed in subdivision A 1 c (1) of this section that the owner believes constitutes optimal corrosion control for that waterworks. The commissioner may require the owner to conduct additional water quality parameter monitoring in accordance with 12VAC5-590-375 C 2 to assist the commissioner in reviewing the proposal.

b. Applicability of studies of corrosion control treatment (applicable to small and medium waterworks). The commissioner may require the owner of any small or medium waterworks that exceeds the lead or copper action level to perform corrosion control studies under subdivision A 1 c of this section to identify optimal corrosion control treatment for the waterworks.

c. Corrosion control studies.

(1) The owner of any waterworks required by the commissioner to perform corrosion control studies shall evaluate the effectiveness of each of the following treatments, and, if appropriate, combinations of the following treatments to identify the optimal corrosion control treatment for that waterworks:

(a) Alkalinity and pH adjustment;

(b) Calcium hardness adjustment; and

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

(2) The owner shall evaluate each of the corrosion control treatments using either pipe rig/loop tests, metal coupon tests, partial-system tests, or analyses based on documented analogous treatments with other waterworks of similar size, water chemistry, and distribution system configuration.

(3) The owner shall measure the following water quality parameters in any tests conducted under subdivision A 1 c of this section before and after evaluating the corrosion control treatments listed above:

(a) Lead;

(b) Copper;

(c) pH;

(d) Alkalinity;

(e) Calcium;

(f) Conductivity;

(g) Orthophosphate (when an inhibitor containing a phosphate compound is used);

(h) Silicate (when an inhibitor containing a silicate compound is used); and

(i) Water temperature.

(4) The owner shall identify all chemical or physical constraints that limit or prohibit the use of a particular corrosion control treatment and document such constraints with at least one of the following:

(a) Data and documentation showing that a particular corrosion control treatment has adversely affected other water treatment processes when used by another waterworks with comparable water quality characteristics; or

(b) Data and documentation demonstrating that the owner has previously attempted to evaluate a particular corrosion control treatment and has found that the treatment is ineffective or adversely affects other water quality treatment processes.

(5) The owner shall evaluate the effect of the chemicals used for corrosion control treatment on other water quality treatment processes.

(6) On the basis of an analysis of the data generated during each evaluation, the owner shall propose to the district engineer in writing, the treatment option that the corrosion control studies indicate constitutes optimal corrosion control treatment for that waterworks. The owner shall provide a rationale for its recommendation along with all supporting documentation specified in subdivisions A 1 c (1) through A 1 c (5) of this section.

d. Approval of optimal corrosion control treatment.

(1) Based upon consideration of available information including, where applicable, studies performed under subdivision A 1 c of this section and an owner's proposed treatment alternative, the commissioner shall either approve the corrosion control treatment option recommended by the owner, or designate alternative corrosion control treatment or treatments from among those listed in subdivision A 1 c (1) of this section. When approving optimal treatment the commissioner shall consider the effects that additional corrosion control treatment will have on water quality parameters and on other water quality treatment processes.

(2) The commissioner shall notify the owner of his determination on optimal corrosion control treatment in writing and explain the basis for this determination. If the commissioner requests additional information to aid a review, the owner shall provide the information.

e. Installation of optimal corrosion control. Each owner shall properly install and operate throughout the waterworks the optimal corrosion control treatment approved by the commissioner under subdivision A 1 d of this section. Also see 12VAC5-590-190.

f. Commissioner's review of treatment and specification of optimal water quality control parameters.

(1) The commissioner shall evaluate the results of all lead and copper tap samples and water quality parameter samples submitted by the owner and determine whether the owner has properly installed and operated the optimal corrosion control treatment approved by the commissioner under subdivision A 1 d. Upon reviewing the results of tap water and water quality parameter monitoring by the owner, both before and after the owner installs optimal corrosion control treatment, the commissioner shall designate:

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

(b) A minimum pH value, measured in all tap samples. Such value shall be equal to or greater than 7.0, unless the commissioner determines that meeting a pH level of 7.0 is not technologically feasible or is not necessary for the owner to optimize corrosion control;

(c) If a corrosion inhibitor is used, a minimum concentration or a range of concentrations for the inhibitor, measured at each entry point to the distribution system and in all tap samples, that the commissioner determines is necessary to form a passivating film on the interior walls of the pipes of the distribution system;

(d) If alkalinity is adjusted as part of optimal corrosion control treatment, a minimum concentration or a range of concentrations for alkalinity, measured at each entry point to the distribution system and in all tap samples; or

(e) If calcium carbonate stabilization is used as part of corrosion control, a minimum concentration or a range of concentrations for calcium, measured in all tap samples.

(2) The values for the applicable water quality control parameters listed above shall be those that the commissioner determines to reflect optimal corrosion control treatment for the waterworks. The commissioner may designate values for additional water quality control parameters determined by the commissioner to reflect optimal corrosion control for the waterworks. The commissioner shall notify the owner in writing of these determinations and explain the basis for his decisions.

g. Continued operation and monitoring. The owners of all waterworks optimizing corrosion control shall continue to operate and maintain optimal corrosion control treatment, including maintaining water quality parameters at or above minimum values or within ranges designated by the commissioner under subdivision A 1 f of this section as verified by all samples collected under 12VAC5-590-375 C 4 through 12VAC5-590-375 C 6. Compliance with the requirements of this subdivision shall be determined every six months, as specified under 12VAC5-590-375 C 4. The owner of a waterworks is out of compliance with the requirements of this subdivision for a six-month period if excursions occur for any commissioner-specified parameter on more than nine days during the period. An excursion occurs whenever the daily value for one or more of the water quality parameters measured at a sampling location is below the minimum value or outside the range designated by the commissioner. Daily values shall be calculated as follows. The commissioner has discretion to delete results of obvious sampling errors from this calculation.

(1) On days when more than one measurement for the water quality parameter is collected at the sampling location, the daily value shall be the average of all results collected during the day regardless of whether they are collected through continuous monitoring, grab sampling, or a combination of both.

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

(3) On days when no measurement is collected for the water quality parameter at the sampling location, the daily value shall be the daily value calculated on the most recent day on which the water quality parameter was measured at the sample site.

h. Modification of the commissioner's treatment decisions. Upon his own initiative or in response to a request by an owner or other interested party, the commissioner may modify his determination of the optimal corrosion control treatment under subdivision A 1 d of this section or optimal water quality control parameters under subdivision A 1 f of this section. A request for modification by an owner or other interested party shall be in writing, explain why the modification is appropriate, and provide supporting documentation. The commissioner may modify the determination where it is concluded that such change is necessary to ensure that the waterworks continues to optimize corrosion control treatment. A revised determination shall be made in writing, set forth the new treatment requirements, explain the basis for the commissioner's decision, and provide an implementation schedule for completing the treatment modifications.

2. Corrosion control treatment steps.

a. Owners shall complete the applicable corrosion control treatment requirements described in subdivision A 1 of this section by the deadlines established in this subdivision.

(1) The owner of a large waterworks (serving > 50,000 persons) shall complete the corrosion control treatment steps specified in subdivision A 2 d of this section, unless the owner is deemed to have optimized corrosion control under subdivision A 2 b (2) or subdivision A 2 b (3) of this section.

(2) The owner of a small waterworks (serving ≤ 3300 persons) and a medium waterworks (serving >3,300 and ≤ 50,000 persons) shall complete the corrosion control treatment steps specified in subdivision A 2 e of this section, unless the owner is deemed to have optimized corrosion control under subdivisions A 2 b (1) through A 2 b (3) of this section.

b. An owner is deemed to have optimized corrosion control and is not required to complete the applicable corrosion control treatment steps identified in this subdivision if the waterworks satisfies one of the criteria specified in subdivisions A 2 b (1) through A 2 b (3) of this section. Any such owner deemed to have optimized corrosion control under this subdivision, and which has treatment in place, shall continue to operate and maintain optimal corrosion control treatment and meet any requirements that the commissioner determines appropriate to ensure optimal corrosion control treatment is maintained.

(1) The owner of a small or medium waterworks is deemed to have optimized corrosion control if the waterworks meets the lead and copper action levels during each of two consecutive six-month monitoring periods conducted in accordance with 12VAC5-590-375.

(2) Any owner may be deemed by the commissioner to have optimized corrosion control treatment if the owner demonstrates to the satisfaction of the commissioner that the owner has conducted activities equivalent to the corrosion control steps applicable to such waterworks under this section. If the commissioner makes this determination, the owner shall be provided with a written notice explaining the basis for the decision and the notice shall specify the water quality control parameters representing optimal corrosion control in accordance with subdivision A 1 f of this section. Waterworks owners deemed to have optimized corrosion control under this subdivision shall operate in compliance with the commissioner designated optimal water quality control parameters in accordance with subdivision A 1 g and continue to conduct lead and copper tap and water quality parameter sampling in accordance with 12VAC5-590-375 B 4 c and 12VAC5-590-375 C 4, respectively. The owner shall provide the commissioner with the following information in order to support a determination under this subdivision:

(a) The results of all test samples collected for each of the water quality parameters in subdivision A 1 c (3) of this section;

(b) A report explaining the test methods used by the owner to evaluate the corrosion control treatments listed in subdivision A 1 c (1) of this section, the results of all tests conducted, and the basis for the owner's selection of optimal corrosion control treatment;

(c) A report explaining how corrosion control has been installed and how it is being maintained to insure minimal lead and copper concentrations at consumers' taps; and

(d) The results of tap water samples collected in accordance with 12VAC5-590-375 B at least once every six months for one year after corrosion control has been installed.

(3) Any waterworks is deemed to have optimized corrosion control if the owner submits results of tap water monitoring conducted in accordance with 12VAC5-590-375 B and source water monitoring conducted in accordance with 12VAC5-590-375 D that demonstrates for two consecutive six-month monitoring periods that the difference between the 90th percentile tap water lead level computed under 12VAC5-590-385 C, and the highest source water lead concentration is less than the PQL for lead (0.005 mg/L).

(a) Any owner that submits monitoring results indicating that the highest source water lead level is below the method detection limit may also be deemed to have optimized corrosion control under this subdivision if the 90th percentile tap water lead level is less than or equal to the PQL for lead (0.005 mg/L) for two consecutive six-month monitoring periods.

(b) Any owner deemed to have optimized corrosion control under this subdivision shall continue monitoring for lead and copper at the tap no less frequently than once every three calendar years using the reduced number of sites specified in 12VAC5-590-375 B 3 and collecting the samples at times and locations specified in 12VAC5-590-375 B 4 d (4).

(c) Any owner deemed to have optimized corrosion control pursuant to this subdivision shall notify the district engineer in writing pursuant to 12VAC5-590-530 F 1 c of any upcoming long-term change in treatment or addition of a new water source as described in that subdivision. The commissioner must review and approve the addition of a new water source or long-term change in water treatment before it is implemented by the owner. The commissioner may require the owner of any such waterworks to conduct additional monitoring or to take other actions the commissioner deems appropriate to ensure that minimum levels of corrosion control are being maintained in the distribution system.

(d) An owner is not deemed to have optimized corrosion control under this subdivision, and shall implement corrosion control treatment specified in subdivision A 2 b (3) (e) of this section unless the copper action level is met.

(e) The owner of a waterworks triggered into corrosion control because the waterworks no longer is deemed to have optimized corrosion control under this subsection shall implement corrosion control treatment in accordance with the deadlines in subdivision A 2 e of this section. The owner of any such large waterworks shall adhere to the schedule specified in subdivision A 2 e of this section for medium-size systems, with the time period for completing each step being triggered by the date the owner is no longer deemed to have optimized corrosion control treatment under this subsection.

c. The owner of any small or medium waterworks that is required to complete the corrosion control steps due to the exceedance of the lead or copper action level may cease completing the treatment steps whenever the waterworks meets both action levels during each of two consecutive monitoring periods conducted pursuant to 12VAC5-590-375 B 4 a and submits the results to the district engineer. If any such waterworks thereafter exceeds the lead or copper action level during any monitoring period, the owner shall recommence completion of the applicable treatment steps, beginning with the first treatment step which was not previously completed in its entirety. The commissioner may require the owner to repeat treatment steps previously completed where the commissioner determines that this is necessary to properly implement the treatment requirements of this section. The commissioner shall notify the owner in writing of such a determination and explain the basis for his decision. The requirement for the owner of any small or medium waterworks to implement corrosion control treatment steps in accordance with subdivision A 2 e of this section (including waterworks deemed to have optimized corrosion control under subdivision A 2 b (1) of this section) is triggered whenever any small or medium waterworks exceeds the lead or copper action level.

d. Treatment steps and deadlines for large waterworks. Except as provided in subdivisions A 2 b (2) and A 2 b (3) of this section, owners of large waterworks shall complete the following corrosion control treatment steps (described in the referenced portions of subdivision A 1 of this section, 12VAC5-590-375 B and 12VAC5-590-375 C).

(1) Step 1: The owner shall conduct initial monitoring (12VAC5-590-375 B 4 a and 12VAC5-590-375 C 2) during two consecutive six-month monitoring periods by a date specified by the commissioner.

(2) Step 2: The owner shall complete corrosion control studies (subdivision A 1 c of this section) and submit the study and recommendations to the commissioner no later than 18 months after the date that initial monitoring is completed as specified in Step 1.

(3) Step 3: The commissioner shall approve optimal corrosion control treatment (subdivision A 1 d) no later than 12 months following receipt of the corrosion control study required in Step 2.

(4) Step 4: The owner shall install optimal corrosion control treatment (subdivision A 1 e) no later than 24 months following the commissioner's approval of optimal corrosion control treatment specified in Step 3 (See 12VAC5-590-200).

(5) Step 5: The owner shall complete follow-up sampling (12VAC5-590-375 B 4 b and 12VAC5-590-375 C 3) no later than 12 months following the installation of optimal corrosion control treatment specified in Step 4.

(6) Step 6: The commissioner shall review installation of treatment and designate optimal water quality control parameters (subdivision A 1 f) no later than six months following completion of follow-up sampling specified in Step 5.

(7) Step 7: The owner shall operate the waterworks in compliance with the commissioner-specified optimal water quality control parameters (subdivision A 1 g) and continue to conduct tap sampling (12VAC5-590-375 B 4 c and 12VAC5-590-375 C 4).

e. Treatment steps and deadlines for small and medium waterworks. Except as provided in subdivision A 2 b of this section, owners of small and medium waterworks shall complete the following corrosion control treatment steps (described in the referenced portions of subdivision A 1, 12VAC5-590-375 B and 12VAC5-590-375 C).

(1) Step 1: The owner shall conduct initial tap sampling (12VAC5-590-375 B 4 a and 12VAC5-590-375 C 2) until the waterworks either exceeds the lead or copper action level or becomes eligible for reduced monitoring under 12VAC5-590-375 B 4 d. The owner of a waterworks exceeding the lead or copper action level shall propose optimal corrosion control treatment (subdivision A 1 a of this section) within six months after the end of the monitoring period during which it exceeds one of the action levels.

(2) Step 2: Within 12 months after the end of the monitoring period during which a waterworks exceeds the lead or copper action level, the commissioner may require the owner to perform corrosion control studies (subdivision A 1 b of this section). If the commissioner does not require the owner to perform such studies, the commissioner shall specify optimal corrosion control treatment (subdivision A 1 d of this section) within the following timeframes:

(a) For medium waterworks, within 18 months after the end of the monitoring period during which such waterworks exceeds the lead or copper action level.

(b) For small waterworks, within 24 months after the end of the monitoring period during which such waterworks exceeds the lead or copper action level.

(3) Step 3: If the commissioner requires an owner to perform corrosion control studies under Step 2, the owner shall complete the studies (subdivision A 1 c of this section) and submit the study and recommendations to the commissioner within 18 months after the commissioner requires that such studies be conducted.

(4) Step 4: If the waterworks owner has performed corrosion control studies under Step 2, the commissioner shall designate optimal corrosion control treatment (subdivision A 1 d of this section) within six months after completion of Step 3.

(5) Step 5: The owner shall install optimal corrosion control treatment (subdivision A 1 e of this section) within 24 months after the commissioner designates such treatment. See 12VAC5-590-200.

(6) Step 6: The owner shall complete follow-up sampling (12VAC5-590-375 B 4 b and 12VAC5-590-375 C 3) within 36 months after the commissioner designates optimal corrosion control treatment.

(7) Step 7: The commissioner shall review the owner's installation of treatment and designate optimal water quality control parameters (subdivision A 1 f of this section) within six months after completion of Step 6.

(8) Step 8: The owner shall operate in compliance with the commissioner designated optimal water quality control parameters (subdivision A 1 g of this section) and continue to conduct tap sampling (12VAC5-590-375 B 4 c and 12VAC5-590-375 C 4).

B. Water supply (source water) treatment technique requirements for lead and copper. The owner of any waterworks exceeding the lead or copper action level shall complete the applicable water supply monitoring and treatment requirements (described in the referenced portions of subdivision B 2 of this section, and in 12VAC5-590-375 B and D) by the following deadlines.

1. Deadlines for completing water supply treatment steps.

a. Step 1: The owner of a waterworks exceeding the lead or copper action level shall complete lead and copper water supply monitoring (12VAC5-590-375 D 2) and make a treatment proposal to the district engineer (subdivision B 2 a of this section) no later than 180 days after the end of the monitoring period during which the lead or copper action level was exceeded.

b. Step 2: The commissioner shall make a determination regarding the need for water supply treatment (subdivision B 2 b of this section) within six months after submission of monitoring results under Step 1.

c. Step 3: If the commissioner requires installation of water supply treatment, the owner shall install the treatment (subdivision B 3 of this section) within 24 months after completion of Step 2.

d. Step 4: The owner shall complete follow-up tap water monitoring (12VAC5-590-375 B 4 b) and water supply lead and copper monitoring (12VAC5-590-375 D 3) within 36 months after completion of Step 2.

e. Step 5: The commissioner shall review the owner's installation and operation of water supply treatment and specify maximum permissible water supply lead and copper levels (subdivision B 4 of this section) within six months after completion of Step 4.

f. Step 6: The owner shall operate in compliance with the commissioner-specified maximum permissible lead and copper water supply levels (subdivision B 4 of this section) and continue water supply monitoring (12VAC5-590-375 D 4).

2. Description of water supply treatment requirements.

a. Waterworks treatment recommendation. The owner of any waterworks which exceeds the lead or copper action level shall propose in writing to the district engineer, the installation and operation of one of the water supply treatments listed in subdivision B 2 b of this section. An owner may propose that no treatment be installed based upon a demonstration that water supply treatment is not necessary to minimize lead and copper levels at users' taps.

b. Commissioner's determination regarding water supply treatment. The commissioner shall complete an evaluation of the results of all water supply samples submitted by the owner to determine whether water supply treatment is necessary to minimize lead or copper levels in water delivered to users' taps. If the commissioner determines that treatment is needed, the commissioner shall either require installation and operation of the water supply treatment recommended by the owner or require the installation and operation of another water supply treatment from among the following: ion exchange, reverse osmosis, lime softening, or coagulation/filtration. If the commissioner requests additional information to aid in the review, the owner shall provide the information by the date specified by the commissioner in the request. The commissioner shall notify the owner in writing of the determination and set forth the basis for the decision.

3. Installation of water supply treatment. Each owner shall properly install and operate the water supply treatment designated by the commissioner under subdivision B 2 b of this section.

4. Commissioner's review of water supply treatment and specification of maximum permissible water supply lead and copper levels. The commissioner shall review the water supply samples taken by the owner both before and after the owner installs water supply treatment, and determine whether the owner has properly installed and operated the water supply treatment designated by the commissioner. Based upon the review, the commissioner shall designate the maximum permissible lead and copper concentrations for finished water entering the distribution system. Such levels shall reflect the contaminant removal capability of the treatment properly operated and maintained. The commissioner shall notify the owner in writing and explain the basis for the decision.

5. Continued operation and maintenance. Each waterworks shall be operated to maintain lead and copper levels below the maximum permissible concentrations designated by the commissioner at each sampling point monitored in accordance with 12VAC5-590-375 D. The waterworks is out of compliance with this subdivision if the level of lead or copper at any sampling point is greater than the maximum permissible concentration designated by the commissioner.

6. Modification of the commissioner's treatment decisions. Upon his own initiative or in response to a request by an owner or other interested party, the commissioner may modify his determination of the water supply treatment under subdivision B 2 b of this section, or may modify the maximum permissible lead and copper concentrations for finished water entering the distribution system under subdivision B 4 of this section. A request for modification by an owner or other interested party shall be in writing, explain why the modification is appropriate, and provide supporting documentation. The commissioner may modify the determination where he concludes that such change is necessary to ensure that the waterworks continues to minimize lead and copper concentrations in water supplies. A revised determination shall be made in writing, set forth the new treatment requirements, explain the basis for the commissioner's decision, and provide an implementation schedule for completing the treatment modifications.

C. Lead service line replacement treatment technique requirements:

1. Owners of waterworks that fail to meet the lead action level in tap samples taken pursuant to 12VAC5-590-375 B 4 b, after installing corrosion control or water supply treatment (whichever sampling occurs later), shall replace lead service lines in accordance with the requirements of this section. If a waterworks is in violation of subdivision A 2 of this section or subsection B of this section for failure to install water supply or corrosion control treatment, the commissioner may require the owner to commence lead service line replacement under this section after the date by which the owner was required to conduct monitoring under 12VAC5-590-375 B 4 b has passed.

2. An owner shall replace annually at least 7.0% of the initial number of lead service lines in its distribution system. The initial number of lead service lines is the number of lead lines in place at the time the replacement program begins. The owner shall identify the initial number of lead service lines in its distribution system based upon a materials evaluation, including the evaluation required under 12VAC5-590-375 B 1. The first year of lead service line replacement shall begin on the first day following the end of the monitoring period in which the lead action level was exceeded under subdivision C 1 of this subsection. If monitoring is required annually or less frequently, the end of the monitoring period is September 30 of the calendar year in which the sampling occurs. If the commissioner has established an alternate monitoring period, then the end of the monitoring period will be the last day of that period.

3. The owner of any waterworks resuming a lead service line replacement program after the cessation of the lead service line replacement program as allowed by subdivision C 7 of this section shall update the inventory of lead service lines to include those sites that were previously determined not to require replacement through the sampling provision under subdivision C 4 of this section. The owner shall then divide the updated number of remaining lead service lines by the number of remaining years in the program to determine the number of lines that must be replaced per year (7.0% lead service line replacement is based on a 15-year replacement program; so, for example, owners resuming lead service line replacement after previously conducting two years of replacement would divide the updated inventory by 13). For those owners that have completed a 15-year lead service line replacement program, the commissioner will determine a schedule for replacing or retesting lines that were previously tested out under the replacement program when the waterworks re-exceeds the lead action level.

4. An owner is not required to replace an individual lead service line if the lead concentration in all service line samples from that line, taken pursuant to 12VAC5-590-375 B 2 c, is less than or equal to 0.015 mg/L.

5. An owner shall replace that portion of the lead service line that is owned by the waterworks. In cases where the waterworks owner does not own the entire lead service line, the waterworks owner shall notify the building owner, or the building owner's authorized agent, that the waterworks owner will replace that portion of the service line that is owned by the waterworks and shall offer to replace the building owner's portion of the line. The waterworks owner is not required to bear the cost of replacing the building owner's portion of the service line, nor is the waterworks owner required to replace the building owner's portion where the waterworks owner chooses not to pay the cost of replacing the building owner's portion of the line, or where replacing the building owner's portion would be precluded by state, local, or common law. A waterworks owner that does not replace the entire length of the service line also shall complete the following tasks.

a. At least 45 days prior to commencing with the partial replacement of a lead service line, the waterworks owner shall provide notice to the resident or residents of all buildings served by the line explaining that they may experience a temporary increase of lead levels in their drinking water, along with guidance on measures consumers can take to minimize their exposure to lead. The commissioner may allow the waterworks owner to provide notice under the previous sentence less than 45 days prior to commencing partial lead service line replacement where such replacement is in conjunction with emergency repairs. In addition, the waterworks owner shall inform the resident or residents served by the line that the waterworks owner will, at the waterworks owner's expense, collect a sample from each partially-replaced lead service line that is representative of the water in the service line for analysis of lead content, as prescribed in 12VAC5-590-375 B 2 c, within 72 hours after the completion of the partial replacement of the lead service line. The waterworks owner shall collect the sample and report the results of the analysis to the building owner and resident or residents served by the line within three business days of receiving the results. Mailed notices post-marked within three business days of receiving the results shall be considered on time.

b. The waterworks owner shall provide the information required by subdivision C 5 a of this section to the residents of individual dwellings by mail or by other methods approved by the commissioner. In instances where multi-family dwellings are served by the line, the waterworks owner shall have the option to post the information at a conspicuous location.

6. The commissioner shall require an owner to replace lead service lines on a shorter schedule than that required by this subsection, taking into account the number of lead service lines in the waterworks, where such a shorter replacement schedule is feasible. The commissioner shall make this determination in writing and notify the owner of the findings within six months after the waterworks is triggered into lead service line replacement based on monitoring referenced in subdivision C 1 of this section.

7. Any owner may cease replacing lead service lines whenever first draw tap samples collected pursuant to 12VAC5-590-375 B 2 b meet the lead action level during each of two consecutive monitoring periods and the owner submits the results to the district engineer. If the first draw tap samples collected in any such waterworks thereafter exceeds the lead action level, the owner shall recommence replacing lead service lines, pursuant to subdivision C 3 of this section.

8. To demonstrate compliance with subdivisions C 1 through C 5 of this section, an owner shall report to the district engineer the information specified in 12VAC5-590-530 F 5.

D. Lead public education requirements. The waterworks owner shall deliver a consumer notice of lead tap water monitoring results to all persons served by the water system at sites that are tested in accordance with subdivision D 4 of this section. The owner of a waterworks that exceeds the lead action level based on tap water samples collected in accordance with 12VAC5-590-375 B shall deliver the public education materials contained in subdivisions D 1 of this section in accordance with the requirements in subdivision D 2 of this section. The owner of a waterworks that exceeds the lead action level shall sample the tap water of any customer who requests it in accordance with subdivision D 3 of this section.

1. Content of written materials. The owner shall include the following text in all of the printed materials distributed through the lead public education program.

a. Community waterworks and nontransient noncommunity waterworks. Owners of community waterworks or nontransient noncommunity waterworks shall include the following elements in printed materials (e.g., brochures and pamphlets) in the same order as listed below. In addition, the language specified in subdivisions D 1 a (1) through D 1 a (2) and in subdivision D 1 a (6) of this section shall be included in materials, exactly as written, except for the text in brackets for which the waterworks owner shall include system-specific information. Any additional information presented by the owner shall be consistent with the information below and be in plain language that can be understood by the general public. The commissioner may require the waterworks owner to obtain approval of the content of written material prior to delivery.

(1) IMPORTANT INFORMATION ABOUT LEAD IN YOUR DRINKING WATER. [INSERT NAME OF WATERWORKS] found elevated levels of lead in drinking water in some homes/buildings. Lead can cause serious health problems, especially for pregnant women and young children. Please read this information closely to see what you can do to reduce lead in your drinking water.

(2) Health effects of lead. Lead can cause serious health problems if too much enters your body from drinking water or other sources. It can cause damage to the brain and kidneys, and can interfere with the production of red blood cells that carry oxygen to all parts of your body. The greatest risk of lead exposure is to infants, young children, and pregnant women. Scientists have linked the effects of lead on the brain with lowered IQ in children. Adults with kidney problems and high blood pressure can be affected by low levels of lead more than healthy adults. Lead is stored in the bones, and it can be released later in life. During pregnancy, the child receives lead from the mother's bones, which may affect brain development.

(3) Sources of lead.

(a) Explain what lead is.

(b) Explain possible sources of lead in drinking water and how lead enters drinking water. Include information on home/building materials and services lines that may contain lead.

(c) Discuss other important sources of lead exposure in addition to drinking water (e.g., paint).

(4) Discuss the steps the consumer can take to reduce their exposure to lead in drinking water.

(a) Encourage running the water to flush out the lead.

(b) Explain concerns with using hot water from the tap and specifically caution against the use of hot water for preparing baby formula.

(c) Explain that boiling water does not reduce lead levels.

(d) Discuss other options consumers can take to reduce exposure to lead in drinking water, such as alternative sources or treatment of water.

(e) Suggest that parents have their child's blood tested for lead.

(5) Explain why there are elevated levels of lead in the waterworks' drinking water (if known) and what the waterworks owner is doing to reduce the lead levels in homes/buildings.

(6) For more information call us at [INSERT WATERWORKS OWNER'S CONTACT PHONE NUMBER], or [IF APPLICABLE] visit our website at [INSERT WATERWORKS' WEBSITE HERE]. For more information on reducing lead exposure around your home/building and the health effects of lead, visit EPA's website at http://www.epa.gov/lead or contact your health care provider.

b. In addition to including the elements specified in subdivision D 1 a of this section, the owners of community waterworks shall:

(1) Tell consumers how to get their water tested.

(2) Discuss lead in plumbing components and the difference between low lead and lead free.

2. Delivery of public education materials.

a. The owner of any waterworks serving a large proportion of non-English speaking consumers, as determined by the commissioner, shall include in all public education materials information in the appropriate language(s) regarding the importance of the notice or contain a telephone number or address where persons served may contact the water system to obtain a translated copy of the public education materials or to request assistance in the appropriate language.

b. The owner of a community waterworks that exceeds the lead action level on the basis of tap water samples collected in accordance with 12VAC5-590-375 B, and that is not already conducting public education tasks shall conduct the public education tasks under this subdivision within 60 days after the end of the monitoring period in which the exceedance occurred. For waterworks 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 the sampling occurs, or, if the commissioner has established an alternate monitoring period, the last day of that period. These public education tasks include:

(1) Deliver printed materials meeting the content requirements of subdivision D 1 of this section to all bill paying customers.

(2) Contact customers who are most at risk by delivering education materials that meet the content requirements of subdivision D 1 of this section to the local health department even if they are not 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 community water system's users. The waterworks owner shall contact the local health department directly by phone or in person. The local health department 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 such lists are provided, the waterworks owner shall deliver education materials that meet the content requirements of subdivision D 1 of this section to all organizations on the provided lists.

(3) Contact customers who are most at risk by delivering materials that meet the content requirements of subdivision D 1 of this section to the following organizations 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 community water system's users: (i) public and private schools or school boards; (ii) Women, Infants and Children (WIC) and Head Start programs; (iii) public and private hospitals and medical clinics; (iv) pediatricians; (v) family planning clinics; and (vi) local welfare agencies.

(4) Make a good faith effort to locate the following organizations within the service area and deliver materials that meet the content requirements of subdivision D 1 of this section to them, along with an informational notice that encourages distribution to all potentially affected customers or users. The good faith effort to contact at-risk customers may include requesting a specific contact list of these organizations from the local health department, even if the agencies are not located within the water system's service area: (i) licensed childcare centers; (ii) public and private preschools; and (iii) obstetricians-gynecologists and midwives.

(5) No less often than quarterly, provide information on or in each water bill as long as the waterworks exceeds the action level for lead. The message on the water bill shall include the following statement exactly as written except for the text in brackets for which the owner shall include system-specific information: [INSERT NAME OF WATERWORKS] found high levels of lead in drinking water in some homes. Lead can cause serious health problems. For more information please call [INSERT NAME OF WATERWORKS] or visit [IF APPLICABLE INSERT WATERWORKS' WEBSITE]. The message or delivery mechanism can be modified in consultation with the commissioner; specifically, the commissioner may allow a separate mailing of public education materials to customers if the waterworks owner cannot place the information on water bills.

(6) Post materials meeting the content requirements of subdivision D 1 of this section on the waterworks' website if the waterworks serves a population greater than 100,000 persons.

(7) Submit a press release to newspapers, television, and radio stations.

(8) In addition to the delivery requirements contained in subdivisions D 2 b (1) through D 2 b (7) of this section, the owners of waterworks exceeding the lead action level shall implement at least three activities from one or more of the following categories: (i) public service announcements; (ii) paid advertisements; (iii) public area informational displays; (iv) e-mails to customers; (v) public meetings; (vi) household deliveries; (vii) targeted individual customer contact; (viii) direct material distribution to all multi-family homes and institutions; and (ix) other methods approved by the commissioner. The educational content and selection of these activities shall be determined in consultation with the district engineer.

(9) As long as a community water system exceeds the lead action level, the waterworks owner shall repeat the following public education activities:

(a) The community water system owner shall repeat the tasks contained in subdivisions D 2 b (1) through D 2 b (3), and D 2 b (8) of this section every 12 months.

(b) The community water system owner shall repeat tasks contained in subdivision D 2 b (5) of this section with each billing cycle.

(c) The owner of a community water system serving a population greater than 100,000 shall post and retain material on a publicly accessible website pursuant to subdivision D 2 b (6) of this section.

(d) The community water system owner shall repeat the task in subdivision D 2 b (7) of this section twice every 12 months on a schedule agreed upon with the commissioner.

(10) The commissioner may allow the public education activities described in subdivision D 2 b of this section to extend beyond the 60-day requirement if needed for implementation purposes on a case-by-case basis; however, this extension must be approved in writing by the commissioner in advance of the 60-day deadline.

c. The owner of a nontransient noncommunity waterworks that exceeds the lead action level on the basis of tap water samples collected in accordance with 12VAC5-590-375 B, and that is not already conducting public education tasks, shall conduct the public education tasks under this subdivision within 60 days after the end of the monitoring period in which the exceedance occurred. For waterworks 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 the sampling occurs, or, if the commissioner has established an alternate monitoring period, the last day of that period. These public education tasks include:

(1) Post informational posters containing all of the public education elements contained in subdivision D 1 of this section in a public place or common area in each of the buildings served by the waterworks; and

(2) Distribute informational pamphlets or brochures on lead in drinking water containing all of the public education elements in subdivision D 1 of this section to each person served by the nontransient noncommunity waterworks. The commissioner may allow the owner to utilize electronic transmission in lieu of or combined with printed materials as long as it achieves at least the same coverage.

(3) The owner of a nontransient noncommunity waterworks shall repeat the tasks contained in subdivisions D 2 c (1) through D 2 c (2) of this section at least once during each calendar year in which the waterworks exceeds the lead action level.

(4) The commissioner may allow the public education activities described in subdivision D 2 c of this section to extend beyond the 60-day requirement if needed for implementation purposes on a case-by-case basis; however, this extension must be approved in writing by the commissioner in advance of the 60-day deadline.

d. An owner may discontinue delivery of public education materials if the waterworks has met the lead action level during the most recent six-month monitoring period conducted pursuant to 12VAC5-590-375 B. The owner shall recommence public education in accordance with this subsection if the waterworks subsequently exceeds the lead action level during any monitoring period.

e. The owner of a community waterworks may apply to the district engineer, in writing, (unless the commissioner has waived the requirement for prior approval) to use only the text specified in subdivision D 1 a of this section in lieu of the text in subdivisions D 1 a through D 1 b of this section and to perform the tasks listed in subdivisions D 2 c (1) through D 2 c (2) of this section in lieu of the tasks in subdivisions D 2 b (1) through D 2 b (9) of this section if:

(1) The waterworks serves a facility, such as a prison or a hospital, where the population served is not capable of or is prevented from making improvements to plumbing or installing POU treatment devices; and

(2) The owner provides water as part of the cost of services provided and does not separately charge for water consumption.

f. The owner of a community waterworks serving 3,300 or fewer people may limit certain aspects their public education programs as follows:

(1) With respect to the requirements of subdivision D 2 b (8) of this section, the owner of a waterworks serving 3,300 or fewer people shall implement at least one of the activities listed in that subdivision.

(2) With respect to the requirements of subdivision D 2 b (2) of this section, the owner of a waterworks serving 3,300 or fewer people may limit the distribution of the public education materials required under that subdivision to facilities and organizations served by the waterworks that are most likely to be visited regularly by pregnant women and children.

(3) With respect to the requirements of subdivision D 2 b (7) of this section, the commissioner may waive this requirement for systems serving 3,300 or fewer persons as long as the owner distributes notices to every household served by the waterworks.

3. Supplemental monitoring and notification of results. The owner of a waterworks that fails to meet the lead action level on the basis of tap samples collected in accordance with 12VAC5-590-375 B shall offer to sample the tap water of any customer who requests it. The owner is not required to pay for collecting or analyzing the sample, nor is the owner required to collect and analyze the sample itself.

4. Notification of results. The owners of all community and nontransient noncommunity waterworks shall provide a notice of the individual tap results from lead tap water monitoring carried out under the requirements of 12VAC5-590-375 B to the persons served by the waterworks at the specific sampling site from which the sample was taken (e.g., the occupants of the residence or buildings where the tap was tested).

a. Timing of notification. An owner shall provide this consumer notice as soon as practical, but no later than 30 days after the owner learns of the tap monitoring results.

b. Content. The consumer notice shall include the results of lead tap water monitoring for the tap that was tested, an explanation of the health effects of lead, list steps consumers can take to reduce exposure to lead in drinking water, and contact information for the waterworks. The notice shall also provide the maximum contaminant level goal and the action level for lead and the definitions for these two terms from 12VAC5-590-10.

c. Delivery. The consumer notice shall be provided to persons served at the tap that was tested, either by mail or by another method approved by the commissioner. For example, the owner of a nontransient noncommunity waterworks may post the results on a bulletin board in the facility to allow users to review the information. The owner shall provide the notice to customers at sample taps tested, including consumers who do not receive water bills.

Historical Notes

Derived from Volume 27, Issue 01, eff. October 13, 2010.

Statutory Authority

§§ 32.1-12 and 32.1-170 of the Code of Virginia.