5 Colo. Code Regs. § 1002-11.26

Current through Register Vol. 47, No. 11, June 10, 2024

Section 5 CCR 1002-11.26 - LEAD AND COPPER RULE

11.26(1)Applicability and Definitions

(a) For all community and non-transient, non-community water systems, the supplier must comply with the requirements specified in this rule until October 16, 2024, unless otherwise specified.

(i) The supplier must comply with the lead and copper tap sampling requirements as specified in 11.26(2) and water quality parameter monitoring requirements as specified in 11.26(4) until December 31, 2024.

(ii) Any actions and deadlines under 11.26 due after October 16, 2024 based on monitoring conducted under 11.26(2) shall remain in effect unless the Department notifies the supplier in writing of new requirements and deadlines under 11.17.

(iii) In the event EPA stays or extends the requirements in 40 CFR 141, Subpart I referenced in 11.17, the applicable requirements of 11.26 shall remain in effect until the compliance date in 40 CFR 141.

(b) For the purposes of this rule, systems are categorized as follows:

(i) "SMALL SYSTEM" means a system that supplies less than or equal to ([LESS THAN EQUAL TO]) 3,300 people.

(ii) "MEDIUM SYSTEM" means a system that supplies greater than (>) 3,300 and less than or equal to ([LESS THAN EQUAL TO]) 50,000 people.

(iii) "LARGE SYSTEM" means a system that supplies greater than (>) 50,000 people.

(c) "ACTION LEVEL" means the concentration of lead or copper at which the supplier is required to comply with additional requirements, which may include public education, corrosion control treatment, source water treatment, and/or lead service line replacement.

(d) For the purposes of this rule, "COMPLIANCE PERIOD" means the overall period of time established for a requirement (e.g., six-month, annual, three year, nine year).

(e) "CORROSION INHIBITOR" means a substance capable of reducing the corrosivity of water toward metal plumbing materials, especially lead and copper, by forming a protective film on the interior surface of those materials.

(f) "FIRST-DRAW TAP SAMPLE" means a lead and copper tap sample that is collected, without flushing the tap, where the water has stood motionless in the plumbing system for at least six hours.

(g) "LEAD SERVICE LINE" means a service line made of lead that connects the water main to the building inlet and any lead pigtail, gooseneck or other fitting that is connected to such lead line.

(h) "MONITORING PERIOD" means the specific period within the compliance period in which the supplier is required to perform the monitoring (e.g., June - September for an annual compliance period).

(i) "NON-FIRST-DRAW TAP SAMPLE" means a lead and copper tap sample that is collected where the water has not stood motionless in the plumbing system for at least six hours.

(j) "OPTIMAL CORROSION CONTROL TREATMENT" means corrosion control treatment that minimizes the lead and copper concentrations at consumers' taps while ensuring that the treatment does not cause the water system to violate any provision of the Colorado Primary Drinking Water Regulations.

(k) "POINT-OF-USE TREATMENT DEVICE" or "POU" means a treatment device used for the purpose of reducing contaminants in drinking water applied to a single faucet or other point of use (i.e., drinking fountain, ice maker, etc.).

(l) "SIX-MONTH COMPLIANCE PERIOD" means the period of January 1 through June 30 or the period of July 1 through December 31.

11.26(2)Requirements for Lead and Copper Tap Sampling

(a)Site Selection for Lead and Copper Tap Samples

(i) Based on the materials evaluation conducted under 11.2(2) to identify lead, copper, and galvanized steel materials in the distribution system, the supplier must identify potential lead and copper tap sample sites and categorize each sample site as specified in Table 11.26-I.

(A) If the materials evaluation does not identify enough potential lead and copper tap sample sites, the supplier must collect all of the following information until enough potential lead and copper tap samples sites are identified:

(I) All plumbing codes, permits, and records in the files of the building departments which indicate the plumbing materials that are installed within publicly and privately owned structures connected to the distribution system.

(II) All 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) All existing water quality information, which includes the results of all previous analyses of the system or individual structures connected to the system, indicating locations that may be susceptible to high lead or copper concentrations.

(B) The supplier must seek to collect the information specified in 11.26(2)(a)(i)(A)(I-III) where possible in the course of normal operations (e.g., checking service line materials when reading water meters or performing maintenance activities).

TABLE 11.26-I LEAD AND COPPER TAP SAMPLE TIER CATEGORIES
Tier category	For community water systems	For non-transient, non-community water systems
Tier 1	Sample sites must be single-family structures2 that: Contain copper pipes with lead solder installed after 1982; Contain lead pipes; and/or Are supplied by a lead service line. 1	Sample sites must be buildings that: Contain copper pipes with lead solder installed after 1982; Contain lead pipes; and/or Are supplied by a lead service line.
Tier 2	Sample sites must be buildings, including multiple-family residences, that: Contain copper pipes with lead solder installed after 1982; Contain lead pipes; and/or Are supplied by a lead service line.	Sample sites must be buildings that: Contain copper pipes with lead solder installed before 1983.
Tier 3	Sample sites are single-family structures that: Contain copper pipes with lead solder installed before 1983.	Not applicable.

1 If at least 20 percent of the buildings supplied by the system are multiple-family residences, the supplier may categorize the multiple-family residences as Tier 1 sample sites if the residences meet the other criteria of a Tier 1 sample site.

2 "SINGLE-FAMILY STRUCTURE" means a building constructed as a single family residence that is currently used as either a residence or a place of business.

(ii) The supplier must complete a sampling pool with at least the number of sample sites specified in Table 11.26-II.

TABLE 11.26-II LEAD AND COPPER SAMPLING POOL

Population supplied	Minimum number of sites for sampling pool
Greater than (>) 100,000	100
10,001 to 100,000	60
3,301 to 10,000	40
501 to 3,300	20
101 to 500	10
Less than or equal to (100	5

(iii) The sampling pool must be completed as follows:

(A) The supplier must include all Tier 1 sample sites in the sampling pool.

(B) If the distribution system does not have enough Tier 1 sample sites to complete the sampling pool, the supplier must complete the sampling pool with Tier 2 sample sites.

(C) If the distribution system does not have enough Tier 1 and Tier 2 sample sites to complete the sampling pool, the supplier must complete the sampling pool with Tier 3 sample sites.

(D) If the supplier has an insufficient number of Tier 1, Tier 2, and Tier 3 sample sites to complete the sampling pool, the supplier must complete the sampling pool with sites that have plumbing materials commonly found throughout the distribution system based on the materials evaluation.

(iv) Sampling sites must not include faucets that have point-of-use or point-of-entry treatment devices designed to remove inorganic contaminants.

(v) If the supplier identifies that the distribution system contains lead service lines, the supplier must:

(A) Populate 50 percent of the sampling pool with sites supplied by a lead service line.

(I) If there are an insufficient number of sites supplied by a lead service line to populate 50 percent of the sampling pool, the supplier must include all of the sites supplied by the lead service lines.

(B) Populate 50 percent of the sampling pool with sites that contain lead pipes or copper pipes with lead solder.

(vi) The supplier must collect each first-draw lead and copper tap sample from the same site that was sampled in the previous monitoring period.

(A) If the supplier cannot gain entry to a site, the supplier may collect the lead and copper tap sample from another site in the sampling pool as long as the new site is from the same tier category and is near the original site.

(b)Lead and Copper Action Levels

(i) The lead and copper action levels are as follows:

TABLE 11.26-III LEAD AND COPPER ACTION LEVELS

Contaminant	Action level (mg/L)
Lead	0.015
Copper	1.3

(ii) An action level exceedance occurs when the 90^th percentile of the lead or copper tap sample results collected during the monitoring period is greater than (>) the action level.

(iii) If the supplier collects more than five samples per monitoring period, the supplier must calculate the 90^th percentile lead level and the 90^th percentile copper level as follows:

(A) Arrange all of the tap sample results collected in a monitoring period in order from the lowest to the highest sample result.

(B) Rank each sample result from lowest to highest, beginning with the number one for the lowest sample result.

(I) The rank given to the sample with the highest sample result must equal the total number of samples collected.

(C) Multiply the total number of samples collected by 0.9. The resulting number is the 90th percentile rank.

(D) The sample result corresponding to the 90th percentile rank identified in the calculation above is the 90th percentile level.

(iv) If the supplier collects five samples per monitoring period, the 90^th percentile is calculated by taking the average of the highest and second highest sample results.

(v) The results of all lead and copper tap samples collected in the monitoring period must be included when calculating the 90^th percentile lead or copper level, this includes samples collected in addition to the minimum requirements specified in Table 11.26-IV.

(c)Collection Methods for Lead and Copper Tap Samples

(i) The supplier must collect first-draw tap samples for lead and copper from each site in the sampling pool.

(A) The supplier may allow residents to collect first-draw tap samples after instructing the residents of the proper sampling procedures.

(I) To avoid problems with residents handling nitric acid, the first-draw tap samples may be acidified up to 14 days after the sample is collected.

(ii) If a non-transient, non-community water system does not have enough sites that can supply first-draw tap samples, the supplier may apply to the Department to substitute non-first-draw tap samples at those sites.

(A) If the supplier collects non-first-draw tap samples, the supplier must identify sampling times and tap locations that would likely result in the longest standing time at the remaining sites for collecting non-first-draw tap samples.

(I) The supplier must submit the standing times and tap locations for the non-first-draw tap samples used to complete the sampling pool.

(iii) If a community water system does not have enough sites that can supply first-draw tap samples, the supplier may apply to the Department to substitute non-first-draw tap samples at those sites, as specified in 11.26(2)(c)(ii)(A), if:

(A) The system is a facility, such as a prison or a hospital, where the population supplied is unable to make improvements to plumbing or install point-of-use treatment devices; and

(B) The supplier supplies water as part of the cost of services provided and does not separately charge for water consumption.

(iv) The supplier must collect first-draw and non-first-draw tap samples as follows:

(A) Samples must be one liter in volume.

(B) For first-draw samples collected at residential housing, the samples must be collected from the cold water kitchen sink tap or bathroom sink tap.

(C) For first-draw samples collected at nonresidential buildings, the samples must be collected at an interior tap from which water is typically drawn for human consumption.

(D) For non-first-draw samples, samples must be collected at an interior tap from which water is typically drawn for human consumption.

(d)Sampling Frequency for Lead and Copper Tap Samples

(i) Using the sites from the sampling pool and based on the applicable sampling frequency, the supplier must collect at least one lead and one copper tap sample from the number of sites specified in Table 11.26-IV.

(A) If the distribution system has fewer than five taps that can be used for human consumption, the supplier must:

(I) Collect at least one sample from each tap; and

(II) Collect additional samples from those taps on different days during the monitoring period until the required number of samples has been collected.

TABLE 11.26-IV LEAD AND COPPER TAP SAMPLING SITES

Population supplied	Number of sites for six-month sampling frequency	Number of sites for annual, three-year, or nine-year sampling frequency
Greater than (>) 100,000	100	50
10,001 to 100,000	60	30
3,301 to 10,000	40	20
501 to 3,300	20	10
101 to 500	10	5
Less than or equal to (100	5	5

(ii) For new systems or reclassified systems that now meet the applicability of this rule, the supplier must begin collecting lead and copper tap samples on a six-month sampling frequency from the number of sites specified in Table 11.26-IV to comply with the initial sampling requirements.

(iii) The Department may allow the supplier to collect lead and copper tap samples at a reduced frequency.

(A) If the action levels are met for two consecutive six-month compliance periods and the supplier meets the criteria of 11.26(2)(d)(iii)(D), if applicable, the supplier may reduce the sampling frequency to annually and reduce the number of sites specified in Table 11.26-IV.

(I) The supplier must begin collecting lead and copper tap samples during the calendar year immediately following the end of the second consecutive six-month compliance period.

(B) The Department may reduce the sampling frequency to once every three calendar years and reduce the number of sites as specified in Table 11.26-IV, if the supplier meets the criteria of 11.26(2)(d)(iii)(D), if applicable, and either:

(I) The action levels are met during three consecutive years of sampling; or

(II) The 90^th percentile for lead is less than or equal to ([LESS THAN EQUAL TO]) 0.005 mg/L and the 90^th percentile for copper is less than or equal to ([LESS THAN EQUAL TO]) 0.65 mg/L during two consecutive six-month compliance periods.

(C) If the supplier is on a three-year sampling frequency, the supplier must collect samples no later than every third calendar year.

(D) If the supplier is required to monitor for water quality parameters, the supplier must comply with the water quality parameter requirements and the lead action level to qualify for a reduced lead and copper tap sampling frequency.

(I) If the supplier is on a reduced monitoring frequency for water quality parameters and an excursion occurs as specified in 11.26(4)(k), the supplier must begin collecting lead and copper tap samples at a six-month frequency at the number of sites specified in Table 11.26-IV.

(E) To determine if a reduced sampling frequency is appropriate, the Department will review sample results, treatment, and other relevant information submitted by the supplier.

(I) If the Department determines that a reduced sampling frequency is appropriate, the supplier will be notified in writing.

(a) The supplier is not required to obtain Department-approval to reduce the sampling frequency from six month to annually.

(II) When the supplier submits any data relevant to the number and frequency of tap sampling, the Department will review, and where appropriate, revise this determination.

(iv) If the supplier is on a reduced sampling frequency:

(A) The supplier must collect lead and copper tap samples at the number of sites specified in Table 11.26-IV from the sites identified in the sampling pool.

(I) The supplier must choose sites based on the tier category requirements specified in 11.26(2)(a)(iii-vi).

(II) The Department may specify the sites.

(B) The supplier must collect lead and copper tap samples during the monitoring period of June through September of the same calendar year.

(C) The Department may approve a monitoring period other than the months of June through September for collecting lead and copper tap samples under the following conditions:

(I) The supplier must collect lead and copper tap samples:

(a) During a monitoring period that is no longer than four consecutive months; and

(b) During a time when the highest levels of lead are most likely to occur during normal operations.

(II) If the supplier is on an annual sampling frequency, the supplier must collect lead and copper tap samples during a monitoring period that ends no later than 21 months after the previous round of sampling. Subsequent lead and copper tap samples must be collected annually.

(III) If the supplier is on a three-year sampling frequency, the supplier must collect lead and copper tap samples during a monitoring period that ends no later than 45 months after the previous round of sampling. Subsequent lead and copper tap samples must be collected no later than every third calendar year.

(IV) For non-transient, non-community water systems that do not operate during the months of June through September and the supplier does not know when, during the period of normal operation, the highest levels of lead are most likely to occur, the Department will determine a monitoring period that represents a time of normal operation. The supplier must begin sampling:

(a) If the supplier is on an annual sampling frequency, in the calendar year immediately following the end of the second consecutive six-month compliance period.

(b) If the supplier is on a three-year sampling frequency, during the three-year compliance period following the end of the third consecutive calendar year of sampling.

(D) The supplier must submit to the Department for approval any upcoming long-term change in treatment or the addition of a new source (e.g., installation of corrosion control or source water treatment) as specified in 11.26(8).

(I) The Department may modify sampling requirements in one of the following ways:

(a) Require the supplier to return to a six-month lead and copper tap sampling frequency and increase the number of sites as specified in Table 11.26-IV.

(b) Require the supplier to increase water quality parameter sampling or re-evaluate the effectiveness of the current corrosion control treatment.

(v) If the lead or copper action level is exceeded, the supplier must continue or begin a six-month sampling frequency and collect lead and copper tap samples from the number of sites specified in Table 11.26-IV.

(A) The supplier must begin sampling no later than the six-month compliance period beginning January 1 of the calendar year following the exceedance.

(B) The supplier may return to a reduced sampling frequency if the conditions specified in 11.26(2)(d)(iii) are satisfied and the supplier has received written Department approval.

(e)Small System Tap Sampling Waiver Requirements

(i) For small systems, the supplier may apply to the Department for a lead and/or copper tap sampling waiver. The Department may grant a waiver if the supplier demonstrates that all of the materials and sampling criteria specified in 11.26(2)(e)(i)(A-B) have been met. The supplier may apply for a full waiver from sampling for both lead and copper, or a partial waiver from sampling for either lead or copper.

(A) The materials criteria for a waiver are as follows:

(I) The supplier must demonstrate that the distribution system, service lines, all drinking water supply plumbing, and plumbing conveying drinking water within all residences and buildings connected to the system, are free of lead-containing materials and/or copper-containing materials.

(II) For a lead tap sampling waiver, the supplier must submit certification and supporting documentation that the system is free of all lead-containing materials. To be free of all lead-containing materials means the system meets both of the following criteria:

(a) The system contains no plastic pipes which contain lead plasticizers, or plastic service lines which contain lead plasticizers.

(b) The system contains no lead service lines, lead pipes, lead soldered pipe joints, and leaded brass or bronze alloy fittings and fixtures, unless such fittings and fixtures meet the specifications of any standard established pursuant to 42 United States Code (U.S.C.) 300g-6(e) (Plumbing fittings and fixtures) (Safe Drinking Water Act section 1417(e)).

(III) For a copper tap sampling waiver, the supplier must submit certification and supporting documentation that the system contains no copper pipes or copper service lines.

(B) The sampling criteria for a waiver are as follows:

(I) The supplier must have completed at least one six-month compliance period of sampling for lead and copper at Department-approved sites and at the number of sites specified in Table 11.26-IV.

(II) For all samples collected since the system became free of all lead-containing and/or copper-containing materials, the sample results must demonstrate that:

(a) The 90^th percentile lead level is less than or equal to ([LESS THAN EQUAL TO]) 0.005 mg/L; and/or

(b) The 90^th percentile copper level is less than or equal to ([LESS THAN EQUAL TO]) 0.65 mg/L.

(ii) The supplier must continue collecting lead and copper tap samples as specified in 11.26(2)(d) until the supplier receives written notification from the Department that the waiver has been approved.

(iii) The Department will notify the supplier in writing of the waiver determination and include the basis for the decision and any conditions of the waiver.

(A) As a condition of the waiver, the Department may require the supplier to perform specific activities (e.g., periodic outreach to customers to remind them to avoid installation of materials that might void the waiver) to avoid the risk of lead and copper levels of concern at the taps.

(iv) If the Department grants a full or partial waiver, the supplier must:

(A) Collect lead and/or copper tap samples for the waived contaminant(s) at least once every nine years, at the reduced number of sample sites specified in Table 11.26-IV.

(I) The supplier must collect tap samples no later than every ninth calendar year.

(II) The supplier must collect tap samples during the months of June through September or during an alternative Department-approved monitoring period as specified in 11.26(2)(d)(iv)(C).

(III) If the supplier is granted a partial waiver, the supplier must collect tap samples for the non-waived contaminant as specified in 11.26(2)(d).

(B) Submit the materials certification as specified in 11.26(2)(e)(i)(A)(II) each time the supplier submits sample results.

(C) Submit to the Department for approval any upcoming long-term change in treatment or the addition of a new source as specified in 11.26(8).

(I) The Department may modify waiver conditions if it determines that such modifications are necessary to address treatment or source water changes at the system.

(D) Notify the Department, in writing, no later than 60 days after the supplier becomes aware that the system is no longer free of lead-containing or copper-containing materials (e.g., as a result of new construction or repairs).

(I) The supplier must include information regarding the circumstances that resulted in the lead-containing and/or copper-containing materials being introduced into the system.

(II) The supplier must specify what corrective action, if any, will be taken for the removal of these materials.

(v) If the supplier continues to comply with the materials and sampling criteria as specified in 11.26(2)(e)(i)(A-B), the waiver will be renewed automatically.

(A) No later than nine years after the previous round of sampling is completed, the supplier must submit documentation to demonstrate that these criteria have been met.

(vi) If the supplier fails to meet the materials and sampling criteria as specified in 11.26(2)(e)(i)(A-B), the waiver will be revoked.

(A) The Department shall notify the supplier in writing that the waiver has been revoked and the basis for the decision.

(B) If the waiver is revoked, the supplier must comply with the lead and copper tap sampling requirements specified in 11.26(2)(d).

(C) If the waiver is revoked and both the lead and copper action levels have been met, the supplier must collect lead and copper tap samples no less frequently than once every three years at the reduced number of sample sites.

(vii) The supplier may re-apply for a waiver when the materials and sampling criteria are satisfied as specified in 11.26(2)(e)(i)(A-B).

(f)Invalidation of Lead and Copper Tap Samples

(i) The Department may invalidate a lead or copper tap sample based on one or more of the following conditions:

(A) The laboratory determines that improper sample analysis caused erroneous results.

(B) The Department determines that the sample was collected from a site that did not meet the site selection criteria specified in 11.26(2)(a).

(C) The sample container was damaged in transit.

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

(E) Sampling or analytical errors.

(ii) The supplier must report all lead and copper tap sample results along with all supporting documentation for the sample(s) that the supplier is requesting the Department to invalidate.

(A) If the supplier allows residents to collect the lead and copper tap samples, the supplier may not challenge, based on alleged errors in sample collection, the accuracy of the sample results.

(iii) The Department shall document in writing whether the sample was invalidated and the rationale for the decision.

(A) The Department shall not invalidate a sample based solely on the grounds that another sample collected at the same site has a result that is higher or lower than the original sample.

(iv) If the Department invalidates a sample, the result does not count toward determining the lead or copper 90^th percentile or toward meeting the minimum number of samples required as specified in 11.26(2)(d).

(v) If the Department invalidates a sample and there are too few samples remaining to meet the minimum sampling requirement, the supplier must collect replacement samples.

(A) The supplier must collect replacement samples as soon as possible but no later than 20 days after the date the Department invalidates the sample or by the end of the applicable monitoring period, whichever is later.

(I) If the supplier collects replacement samples after the end of the applicable monitoring period, the samples will only satisfy the sampling requirements of that monitoring period and must not be used to satisfy the sampling requirements of any other monitoring period.

(B) The supplier must collect replacement samples at the same site(s) as the invalidated sample(s) or, if that is not possible, at sites that were not being used for sampling during the applicable monitoring period.

(g)Consumer Notification of Lead Tap Sample Results

(i) For each sample site from which a sample was collected, the supplier must distribute a consumer notice to the people supplied at that sample site of the individual lead tap sample results (i.e., the occupants of the residence where the tap sample was collected).

(ii) The supplier must distribute the consumer notice as soon as possible but no later than 30 days after the supplier receives the tap sample results.

(iii) The supplier must include all of the following information in the consumer notice:

(A) The lead tap sample result(s) for the tap that was tested.

(B) The action level, MCLG, and the definitions for these terms.

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

(D) A list of steps that the consumer can take to reduce exposure to lead in their drinking water.

(E) System contact information.

(iv) The supplier must distribute the consumer notice by mail or by another Department-approved method to the consumers at the sample sites that were sampled, including consumers who do not receive water bills.

(A) For non-transient non-community water systems, the Department may allow the supplier to post the lead tap sample results on a bulletin board to allow consumers to review the information.

(v) No later than three months after the end of the monitoring period, the supplier must submit a sample copy of the consumer notice along with a certification that the notice has been distributed as specified in this section, 11.26(2)(g).

(h)Reporting Requirements for Lead and Copper Tap Sample Results

(i) No later than the 10^th of the month following the end of each monitoring period, the supplier must submit the all of the following:

(A) Lead and copper tap sample results, including the location of each site and the criteria for which the site was selected.

(I) If a site was sampled during the current monitoring period that was not sampled during previous monitoring periods, the supplier must submit an explanation for the change in sample site(s).

(B) The 90^th percentile calculations for the lead and copper tap sample results.

(ii) The supplier is not required to report the 90^th percentile lead and copper levels if all of the following conditions are met:

(A) The Department has notified the supplier that the Department will calculate the 90^th percentile lead and copper levels based on the lead and copper tap sample results submitted. In the notification, the Department shall specify a date before the end of the monitoring period that the supplier must submit the lead and copper tap sample results.

(B) The supplier submits all of the following information by the Department-specified date:

(I) The results of all lead and copper tap samples.

(II) The location of each site.

(III) The tier level and criteria used to select the site.

(IV) A list of the sites that were sampled during the current monitoring period that were not sampled during previous monitoring periods, and an explanation for the change in sample sites.

(C) The Department has submitted the results of the 90^th percentile lead and copper calculations, in writing, to the supplier before the end of the monitoring period.

11.26(3)Corrosion Control Requirements

(a)Criteria for Being Deemed to Have Optimal Corrosion Control

(i) For new systems or reclassified systems that now meet the applicability of this rule, the supplier must begin corrosion control treatment steps unless the system is deemed to have optimal corrosion control as specified in this section, 11.26(3)(a).

(A) If system is deemed to have optimal corrosion control and subsequently is no longer deemed to have optimal corrosion control as specified in 11.26(3)(b), the supplier must begin corrosion control treatment steps as specified in 11.26(3)(c).

(ii) The system shall be deemed to have optimal corrosion control if one of the following criteria is met:

(A) For small and medium systems, the lead and copper action levels have been met for two consecutive six-month compliance periods.

(B) The supplier demonstrates to the satisfaction of the Department that activities equivalent to the corrosion control treatment steps specified in 11.26(3)(c) have been conducted and the supplier is operating in compliance with the Department-specified water quality parameters as specified in 11.26(4)(j) to ensure that optimal corrosion control treatment is maintained.

(I) In order for the Department to make the determination to deem the system to have optimal corrosion control, the supplier must submit all of the following:

(a) The monitoring results for each of the water quality parameters collected under 11.26(3)(c)(iii)(C).

(b) A report explaining the test methods used to evaluate the corrosion control treatments as specified in 11.26(3)(c)(iii)(A), the results of all tests conducted, and the basis for the optimal corrosion control treatment selected by the supplier.

(c) A report explaining how corrosion control treatment was installed and how it is being maintained to ensure minimal lead and copper levels at consumers' taps.

(d) The results of lead and copper tap samples that were collected on a six-month frequency for at least one year after corrosion control treatment was installed.

(II) The Department shall notify the supplier in writing of the determination and basis for the decision.

(C) The system meets the copper action level and the supplier submits lead and copper tap samples and entry point samples that demonstrate during two consecutive six-month compliance periods that either:

(I) The difference between the 90^th percentile lead level at the tap and the highest lead entry point sample result is less than (<) 0.005 mg/L; or

(II) The 90^th percentile lead level is less than or equal ([LESS THAN EQUAL TO]) 0.005 mg/L if the highest lead entry point sample result is less than (<) the method detection limit.

(D) The supplier has completed the optimal corrosion control treatment steps as specified in 11.26(3)(c) and:

(I) Continues to operate and maintain optimal corrosion control treatment as specified in 11.26(3)(d).

(II) Meets any Department-specified requirements that ensure optimal corrosion control treatment is maintained.

(iii) If the system is deemed to have optimal corrosion control based on the criteria specified in 11.26(3)(a)(ii)(C), the supplier must:

(A) Continue collecting lead and copper tap samples on a three-year sampling frequency as specified in 11.26(2)(d).

(B) Notify the Department, in writing, of any upcoming long-term change in treatment or the addition of a new source as specified in 11.26(8).

(I) The Department may require the supplier to conduct additional monitoring or to take other actions to ensure that minimal levels of corrosion in the distribution system are maintained.

(b)Requirements for a System that No Longer Meets the Criteria for Being Deemed to Have Optimal Corrosion Control

(i) If the system was deemed to have optimal corrosion control under 11.26(3)(a)(ii)(A) and subsequently has a lead or copper action level exceedance, the system is no longer deemed to have optimal corrosion control and the supplier must begin corrosion control treatment steps as specified in 11.26(3)(c).

(ii) If the system was deemed to have optimal corrosion control under 11.26(3)(a)(ii)(B) or 11.26(3)(a)(ii)(D) and subsequently has a lead action level exceedance, the supplier must begin lead service line replacement as specified in 11.26(6).

(iii) If the system was deemed to have optimal corrosion control under 11.26(3)(a)(ii)(C) and no longer meets that criteria, the system is no longer deemed to have optimal corrosion control and the supplier must begin corrosion control treatment steps as specified in 11.26(3)(c).

(iv) If the system was deemed to have optimal corrosion control under 11.26(3)(a)(ii)(A) and subsequently becomes a large system, the supplier must begin corrosion control treatment steps beginning with the requirement to complete a corrosion control study as specified in 11.26(3)(c)(iii) unless the system is deemed to have optimal corrosion control under 11.26(3)(a)(ii)(B) or 11.26(3)(a)(ii)(C).

(c)Corrosion Control Treatment Steps and Timelines

(i) No later than six months after the end of the monitoring period during which the lead or copper action level was exceeded, or no later than six months after the date the system is no longer deemed to have optimal corrosion control as specified in 11.26(3)(b), the supplier must recommend optimal corrosion control treatment.

(A) The supplier must recommend one or more of the corrosion control treatments specified in 11.26(3)(c)(iii)(A) that will most likely provide optimal corrosion control for the system.

(B) The Department may require the supplier to collect water quality parameter monitoring samples in addition to the requirements specified in 11.26(4)(c) and 11.26(4)(d), as applicable, to assist the Department in reviewing the recommendation.

(C) If the Department requests additional information to aid its review, the supplier must submit that information.

(ii) After reviewing the optimal corrosion control treatment recommendation, the Department shall make one of the following determinations:

(A) Approve the corrosion control treatment recommendation submitted by the supplier or the Department shall specify corrosion control treatment(s) from those listed in 11.26(3)(c)(iii)(A). The Department shall specify optimal corrosion control treatment according to the following timeframes:

(I) For medium and large systems, no later than 18 months after the end of the monitoring period during which the lead or copper action level was exceeded.

(II) For small systems, no later than 24 months after the end of the monitoring period during which the lead or copper action level was exceeded.

(B) Require the supplier to perform corrosion control studies as specified in 11.26(3)(c)(iii).

(I) If the Department makes this determination, the Department shall notify the supplier no later than 12 months after the end of the monitoring period during which the lead or copper action level was exceeded.

(II) If required to perform corrosion control studies, the supplier must complete the corrosion control studies no later than 18 months after the Department makes this determination.

(III) The Department shall specify optimal corrosion control treatment no later than six months after the studies are completed.

(iii) Corrosion control studies must include:

(A) An evaluation of the effectiveness of the following corrosion control treatments, separately or in combination, that the supplier will use to determine the optimal corrosion control treatment for the system:

(I) Alkalinity and pH adjustment.

(II) Calcium hardness adjustment.

(III) The addition of a phosphate or silicate based corrosion inhibitor at a concentration sufficient to maintain an effective corrosion inhibitor residual concentration throughout the distribution system.

(a) "EFFECTIVE CORROSION INHIBITOR RESIDUAL" means a concentration sufficient to form a passivating film on the interior walls of a pipe.

(B) An analysis of each of the corrosion control treatments by either:

(I) Evaluating documented analogous treatments with other systems of similar size, water chemistry and distribution system configuration; or

(II) Evaluating the effectiveness of each corrosion control treatment using one of the following methods:

(a) Pipe rig/loop tests.

(b) Metal coupon tests.

(c) Partial-system tests.

(C) Monitoring of the following water quality parameters before and after any test under 11.26(3)(c)(iii)(B)(II) used to evaluate the effectiveness of the corrosion control treatment(s):

(I) Lead.

(II) Copper.

(III) pH.

(IV) Alkalinity.

(V) Water temperature.

(VI) Calcium.

(VII) Conductivity.

(VIII) Silicate, if an inhibitor containing a silicate compound is used.

(IX) Orthophosphate, if an inhibitor containing a phosphate compound is used.

(D) An identification of all chemical or physical constraints that limit or prohibit the use of a particular corrosion control treatment. The supplier must document the constraints with data and documentation demonstrating one or more of the following:

(I) A particular corrosion control treatment has adversely affected other water treatment processes when used by another water system with comparable water quality characteristics.

(II) That the supplier 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.

(E) An evaluation of the effect of the chemicals used for corrosion control treatment on other water quality treatment processes.

(F) A recommendation of the treatment option that provides optimal corrosion control treatment for the system based on the information obtained during the studies.

(I) The supplier must submit a rationale for the recommendation and include all supporting documentation collected under 11.26(3)(c)(iii)(A-E).

(iv) When designating optimal corrosion control or approving the optimal corrosion control treatment recommendation submitted by the supplier, the Department shall consider the effects that additional corrosion control treatment will have on water quality parameters and other water quality treatment processes.

(v) The Department shall notify the supplier, in writing, of the decision on optimal corrosion control treatment and explain the basis for this determination.

(vi) No later than 24 months after the Department approves optimal corrosion control treatment, the supplier must:

(A) Properly install and operate that treatment; and

(B) Submit certification that the Department-approved optimal corrosion control treatment was installed.

(vii) For two consecutive six-month compliance periods, beginning with the compliance period in which optimal corrosion control treatment was installed, the supplier must:

(A) Monitor water quality parameters as specified in 11.26(4)(e); and

(B) Collect lead and copper tap samples as specified in 11.26(2)(a).

(viii) No later than six months after the supplier completes water quality parameter monitoring and collects the lead and copper tap samples as specified in 11.26(3)(c)(vii), the Department shall determine if optimal corrosion control treatment was properly installed and operated and specify the optimal water quality parameters for corrosion control.

(A) After reviewing the water quality parameter monitoring results and lead and copper tap sample results collected before and after the installation of optimal corrosion control treatment, the Department shall specify:

(I) A minimum value or a range of values for pH that the supplier must maintain at each entry point.

(II) A minimum value for pH that the supplier must maintain throughout the distribution system.

(a) This value must be greater than or equal to (>=) 7.0, unless the Department determines that meeting a pH level of 7.0 is not technologically feasible or is not necessary for optimal corrosion control.

(III) If a corrosion inhibitor is used, a minimum concentration or a range of concentrations for the inhibitor that the supplier must maintain to provide an effective corrosion inhibitor residual at each entry point and throughout the distribution system.

(IV) If alkalinity is adjusted as part of optimal corrosion control treatment, a minimum concentration or a range of concentrations for alkalinity that the supplier must maintain at each entry point and throughout the distribution system.

(V) If calcium carbonate stabilization is used as part of optimal corrosion control treatment, a minimum concentration or a range of concentrations for calcium that the supplier must maintain throughout the distribution system.

(B) If needed to reflect optimal corrosion control, the Department may specify the values for additional optimal water quality parameters.

(C) The Department shall notify the supplier, in writing, of the Department-specified optimal water quality parameters and the basis for the decision.

(ix) For small and medium systems, the supplier may discontinue completing the corrosion control treatment steps specified in this section, 11.26(3)(c), if the system meets the lead and copper action levels during two consecutive six-month compliance periods.

(A) If the lead or copper action level is subsequently exceeded, the supplier must complete the applicable corrosion control treatment steps beginning with the first step that was not previously completed.

(B) The Department may require the supplier to repeat previously completed corrosion control treatment steps if the Department determines it is necessary to properly implement the requirements in this section, 11.26(3)(c).

(d)Requirements for the Continued Operation and Maintenance of Optimal Corrosion Control Treatment

(i) If the supplier was required to install optimal corrosion control treatment, the supplier must operate and maintain the optimal corrosion control treatment.

(ii) To demonstrate the continued operation and maintenance of optimal corrosion control treatment, the supplier must comply with the treatment technique requirements for water quality parameters as specified in 11.26(4)(j) and collect lead and copper tap samples as specified in 11.26(2)(d).

(A) The supplier must begin monitoring water quality parameters on the date that the Department notifies the supplier of the Department-specified optimal values for corrosion control.

(iii) To ensure optimal corrosion control, the Department may modify the determination of optimal corrosion control treatment or optimal water quality parameters.

(A) The supplier, or other interested party, may request in writing that the Department modify optimal corrosion control treatment or optimal water quality parameters. The request must explain why the modification is appropriate and include supporting documentation.

(B) If the Department modifies the determination, the Department shall notify the supplier in writing of the modified treatment requirements and include all of the following information:

(I) The basis for the decision.

(II) An implementation schedule for the supplier to complete the modified treatment requirements.

(e)Treatment Technique Violations and Response for Optimal Corrosion Control

(i) If the supplier fails to install optimal corrosion control treatment as specified in 11.26(3)(c)(vi), an optimal corrosion control treatment technique violation occurs.

(ii) In the event of an optimal corrosion control treatment technique violation, the supplier must:

(A) Notify the Department no later than 48 hours after the violation occurs.

(B) Distribute Tier 2 public notice as specified in 11.33.

11.26(4)Monitoring Requirements for Water Quality Parameters

(a)Applicability

(i) For large systems, the supplier must comply with the water quality parameter requirements specified in this section, 11.26(4).

(ii) For small and medium systems, if the lead or copper action level is exceeded, the supplier must comply with the water quality parameter requirements specified in this section, 11.26(4).

(b)General Monitoring Requirements for Water Quality Parameters

(i) The supplier must monitor for water quality parameters at taps and at each entry point.

(A) The supplier must collect tap samples that are representative of water quality throughout the distribution system taking into account the number of individuals served, the different sources of water, the different treatment methods employed by the system, and seasonal variability.

(I) Tap samples for water quality parameters are not required to be collected at the lead and copper tap sampling sites specified in 11.26(2)(a).

(B) The supplier must collect tap samples from the number of sites specified in Table 11.26-V based on the required monitoring frequency.

TABLE 11.26-V NUMBER OF WATER QUALITY PARAMETER TAP SAMPLE SITES
Population supplied	Number of sites for water quality parameters
	Routine	Reduced
Greater than (>) 100,000	25	10
10,001-100,000	10	7
3,301 to 10,000	3	The number of sites maynot be reduced.
501 to 3,300	2
101 to 500	1
Less than or equal to (<) 100	1

(c)For Systems that Become a Large System - Initial Monitoring Requirements for Water Quality Parameters

(i) For systems that become a large system, the supplier must monitor water quality parameters during two consecutive six-month compliance periods. In each six-month compliance period, the supplier must:

(A) Monitor the following water quality parameters:

(I) pH.

(II) Alkalinity.

(III) Water temperature.

(IV) Calcium.

(V) Conductivity.

(VI) Silica, if an inhibitor containing a silicate compound is used.

(VII) Orthophosphate, if an inhibitor containing a phosphate compound is used.

(B) At the routine number of sites specified in Table 11.26-V, collect two samples for each applicable water quality parameter.

(C) At each entry point, collect two samples for each applicable water quality parameter.

(d)For Small and Medium Systems - Monitoring Requirements for Water Quality Parameters After an Action Level Exceedance

(i) In each monitoring period that the lead or copper action level is exceeded, the supplier must:

(A) Monitor the following water quality parameters:

(I) pH.

(II) Alkalinity.

(III) Water temperature.

(IV) Calcium.

(V) Conductivity.

(VI) Silica, if an inhibitor containing a silicate compound is used.

(VII) Orthophosphate, if an inhibitor containing a phosphate compound is used.

(B) At the routine number of sites specified in Table 11.26-V, collect two samples for each applicable water quality parameter.

(C) At each entry point, collect two samples for each applicable water quality parameter.

(e)Initial Monitoring Requirements for Water Quality Parameters After the Installation of Corrosion Control Treatment

(i) The supplier must monitor water quality parameters during two consecutive six-month compliance periods immediately following the installation of optimal corrosion control treatment as specified in 11.26(3)(c)(vii). In each six-month compliance period, the supplier must:

(A) At the routine number of sites specified in Table 11.26-V, collect two samples for each of the following:

(I) pH.

(II) Alkalinity.

(III) Calcium, if calcium carbonate stabilization is used as part of corrosion control.

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

(V) Orthophosphate, if an inhibitor containing a phosphate compound is used.

(B) At each entry point, collect at least one sample every other week for each of the following:

(I) pH.

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

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

(C) For groundwater systems, the supplier may reduce entry point sampling to entry points that are representative of water quality and treatment conditions throughout the system.

(I) If water from untreated groundwater sources mixes with water from treated groundwater sources, the supplier must monitor for water quality parameters at representative entry points receiving treatment and at representative entry points not receiving treatment.

(II) Before starting reduced entry point monitoring, the supplier must submit documentation identifying the selected representative entry points and information sufficient to demonstrate that the sites are representative of water quality and treatment conditions throughout the system, including information on seasonal variability.

(f)For Large Systems - Routine Monitoring Requirements After the Department Specifies Water Quality Parameters for Optimal Corrosion Control

(i) After the Department specifies the values for the applicable water quality parameters that reflect optimal corrosion control as specified in 11.26(3)(c)(viii), the supplier must monitor water quality parameters every six months as specified in 11.26(4)(e)(i)(A-C).

(A) After the Department specifies the values reflecting optimal corrosion control, the supplier must begin monitoring in the first six-month compliance period, beginning either January 1 or July 1, whichever comes first.

(g)For Small and Medium Systems - Routine Monitoring Requirements After the Department Specifies Water Quality Parameters for Optimal Corrosion Control

(i) After the Department specifies the values for the applicable water quality parameters that reflect optimal corrosion control as specified in 11.26(3)(c)(viii), the supplier must monitor water quality parameters during each six-month compliance period in which the lead or copper action level is exceeded.

(A) The supplier must monitor the water quality parameters as specified in 11.26(4)(e)(i)(A-C).

(B) If the supplier is collecting lead and copper tap samples on a reduced frequency at the time of the action level exceedance, the supplier must begin monitoring for water quality parameters no later than the six-month compliance period beginning January 1 of the calendar year following the action level exceedance.

(ii) The Department may require the supplier to routinely monitor water quality parameters to demonstrate the continued operation and maintenance of optimal corrosion control.

(A) If the Department requires routine monitoring, the supplier must monitor for water quality parameters during each six-month compliance period as specified in 11.26(4)(e).

(h)Reduced Monitoring Requirements for Water Quality Parameters at the Taps

(i) If the supplier has maintained the Department-specified values for the water quality parameters reflecting optimal corrosion control treatment as specified in 11.26(4)(j) for two consecutive six-month compliance periods, the supplier may, at the reduced number of sites specified in Table 11.26-V, collect two samples for each applicable water quality parameter during each six-month compliance period.

(ii) For large systems, and for small and medium systems for which the Department has required the supplier to routinely monitor water quality parameters as specified in 11.26(4)(g)(ii), the supplier may be eligible for a reduced tap monitoring frequency.

(A) If the supplier has maintained the Department-specified values for the water quality parameters reflecting optimal corrosion control treatment for three consecutive years of six-month monitoring, the supplier may reduce the tap monitoring frequency from every six months to annually.

(I) The supplier must collect two samples at each of the reduced number of sites specified in Table 11.26-V annually.

(II) The supplier must begin annual monitoring in the calendar year immediately following the end of the third consecutive year of six-month monitoring.

(III) The supplier must collect tap samples evenly throughout the year to reflect seasonal variability.

(B) If the supplier has maintained the Department-specified values for water quality parameters reflecting optimal corrosion control treatment for three consecutive years of annual monitoring, the supplier may reduce the tap monitoring frequency from annually to every three years.

(I) The three-year tap monitoring frequency must begin no later than the third calendar year after the end of the third consecutive year of annual monitoring.

(C) The supplier may reduce the tap monitoring frequency from every six months to every three years if, during two consecutive six-month compliance periods, all of the following criteria are met:

(I) The 90^th percentile lead level is less than or equal to ([LESS THAN EQUAL TO]) 0.005 mg/L.

(II) The 90^th percentile copper level is less than or equal to (0.65 mg/L.

(III) The Department-specified values for the water quality parameters reflecting optimal corrosion control treatment have been maintained.

(iii) If the supplier is on a three-year sampling frequency, the supplier must collect samples no later than every third calendar year.

(iv) Reduced tap monitoring for water quality parameters does not change the requirement to monitor for water quality parameters at the entry point as specified in 11.26(4)(e)(i)(B-C).

(i)Increased Monitoring Requirements for Water Quality Parameters

(i) If the supplier is monitoring water quality parameters at a reduced frequency, the supplier must increase the water quality parameter tap monitoring frequency and increase the number of sites as specified in 11.26(4)(f) or 11.26(4)(g) if one or more of the following occur:

(A) A lead action level exceedance occurs.

(B) An excursion occurs as specified in 11.26(4)(k).

(ii) The supplier may return to a reduced water quality parameter tap monitoring frequency and reduce the number of sites if the conditions specified in 11.26(4)(h) are satisfied.

(j)Treatment Technique Compliance Determination for Continued Operation and Maintenance of Optimal Corrosion Control Treatment

(i) The supplier must maintain the Department-specified values for water quality parameters to demonstrate the continued operation and maintenance of optimal corrosion control treatment.

(ii) Compliance with monitoring requirements and Department-specified values for water quality parameters is determined for each six-month compliance period.

(iii) The results of all water quality parameter monitoring samples collected in addition to the minimum requirements specified in this section, 11.26(4), must be considered by the supplier and the Department in making any determinations (e.g., determining concentrations of water quality parameters).

(iv) The supplier must calculate the daily value for each water quality parameter at each sampling location as follows:

(A) On days when more than one sample for a water quality parameter is collected at a sampling location, the daily value is the average of all sample results collected on that day through continuous monitoring and/or grab sampling.

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

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

(D) The Department may exclude sample results from this calculation due to sampling or analytical errors when appropriate.

(k)Treatment Technique Violations for Water Quality Parameters

(i) If an excursion occurs for any Department-specified water quality parameter, or combination of water quality parameters, at any sampling location, or combination of sampling locations, on more than a total of nine days during any six-month compliance period, a treatment technique violation occurs.

(A) "EXCURSION" means the daily value calculated for a water quality parameter at a sampling location is less than (<) the minimum value or outside the Department-specified range of values.

(l)Response to a Treatment Technique Violation for Water Quality Parameters

(i) In the event of a treatment technique violation, the supplier must:

(A) Notify the Department no later than 48 hours after the violation occurs.

(B) Distribute Tier 2 public notice as specified in 11.33.

(C) Begin lead and copper tap sampling every six months at the number of sites specified in Table 11.26-IV no later than the six-month compliance period beginning January 1 of the calendar year following the violation.

(D) Monitor water quality parameters as specified in 11.26(4)(f) or 11.26(4)(g).

11.26(5)Sampling and Treatment Requirements for Lead and Copper in the Source Water

(a)Applicability

If the lead or copper action level is exceeded, the supplier must comply with the requirements for lead and copper entry point sampling and if necessary, the installation of additional treatment as specified in this section, 11.26(5).

(b)Sampling and Treatment Requirements After Exceeding the Lead or Copper Action Level

(i) No later than 180 days after the end of the monitoring period during which the lead or copper action level was exceeded, the supplier must:

(A) Collect one lead and copper sample from each entry point.

(B) Submit a written recommendation for the installation and operation of one of the source water treatments specified in 11.26(5)(b)(ii)(B)(II)(a-d).

(I) The supplier may recommend that treatment is not necessary based on the demonstration that source water treatment will not minimize lead and copper levels at the taps.

(ii) No later than six months after the supplier submits the lead and copper entry point sample results, the Department shall determine if additional treatment for lead and copper in the source water is necessary to minimize lead and copper levels at the taps based on an evaluation of the sample results submitted by the supplier.

(A) If the Department requests additional information to make the determination, the supplier must submit that information no later than the date specified in the request.

(B) If the Department determines that additional treatment is necessary for lead and copper in the source water, the Department shall require the supplier to either:

(I) Install and operate the supplier-recommended treatment; or

(II) Install and operate one of the following treatments:

(a) Ion exchange.

(b) Reverse osmosis.

(c) Lime softening.

(d) Coagulation and filtration.

(C) The Department shall notify the supplier in writing of the determination and basis for the decision.

(c)Installation of Additional Treatment for Lead and Copper in the Source Water

(i) No later than 24 months after the Department determines that additional treatment is necessary for lead and copper in the source water, the supplier must:

(A) Properly install and operate the Department-approved treatment.

(B) Submit certification that the Department-approved treatment was installed.

(ii) No later than 12 months after the installation of additional treatment for lead and copper in the source water, the supplier must collect samples in each of two consecutive six-month compliance periods as follows:

(A) One lead and copper sample at each entry point.

(B) Lead and copper tap samples at the number of sites specified in Table 11.26-IV.

(d)Treatment Technique Requirements After the Department Specifies Maximum Permissible Levels for Lead and Copper at the Entry Point

(i) No later than six months after the supplier collects lead and copper entry point samples, the Department shall review the sample results that were collected before and after the installation of treatment and determine if the treatment was properly installed and operated.

(A) Using this information, the Department shall specify maximum permissible levels that the supplier must comply with for lead and copper at each entry point that reflect the contaminant removal capability of the treatment when it is properly operated and maintained.

(B) The Department shall notify the supplier, in writing, and explain the basis for the decision.

(ii) Upon its own initiative or in response to a request, the Department may modify the treatment requirements or maximum permissible levels if it determines that the change is necessary to ensure that the lead and copper levels at the entry point are minimized.

(A) The supplier, or other interested party, may request in writing that the Department modify treatment or maximum permissible levels. The request must explain why the modification is appropriate and must include supporting documentation.

(B) The Department shall notify the supplier, in writing, of the modified treatment requirements or maximum permissible levels and include all of the following information:

(I) The basis for the decision.

(II) An implementation schedule for the supplier to complete the modifications.

(e)Routine Sampling Frequency for Lead and Copper at the Entry Point

(i) After the Department specifies the maximum permissible levels or determines that additional treatment for lead and copper in source water is not necessary, the supplier must collect lead and copper samples at each entry point as follows:

(A) For groundwater systems, once every three calendar years.

(I) The supplier must collect samples no later than every third calendar year.

(B) For surface water systems, annually.

(I) The first sample must be collected in the same calendar year that the Department specifies the maximum permissible levels.

(C) If the lead and copper tap sample results are less than or equal to ([LESS THAN EQUAL TO]) the action level during any lead and copper entry point monitoring period, the supplier is not required to collect lead and copper entry point samples.

(ii) If a sample was collected at an entry point during the current monitoring period that was not sampled during previous monitoring periods, the supplier must submit an explanation for the change in entry point(s).

(f)Reduced Sampling Frequency for Lead and Copper at the Entry Point

(i) The supplier may reduce the sampling frequency for lead and copper entry point samples to once during each nine-year compliance cycle if:

(A) For groundwater systems, either:

(I) The supplier demonstrates that lead and copper entry point sample results have been less than (<) the maximum permissible levels specified by the Department for at least three consecutive three-year compliance periods; or

(II) The Department determines that additional treatment for lead and copper in source water is not needed and the supplier demonstrates that for at least three consecutive three-year compliance periods, the concentration of lead in the source water was less than or equal to ([LESS THAN EQUAL TO]) 0.005 mg/L and the concentration of copper in the source water was less than or equal to ([LESS THAN EQUAL TO]) 0.65 mg/L.

(B) For surface water systems, either:

(I) The supplier demonstrates that source water entry point sample results have been less than (<) the maximum permissible levels specified by the Department for at least three consecutive years; or

(II) The Department determines that additional treatment for lead and copper in source water is not needed and the supplier demonstrates that for at least three consecutive years, the concentration of lead in the source water was less than or equal to (0.005 mg/L and the concentration of copper in the source water was less than or equal to (0.65 mg/L.

(ii) If the supplier is on a nine-year sampling frequency, the supplier must collect samples no later than every ninth calendar year.

(iii) For new sources, the supplier is not eligible for a reduced sampling frequency for lead and copper at the entry point until the results collected from the new source during three consecutive monitoring periods are less than (<) the Department-specified maximum permissible levels.

(iv) If a sample was collected at an entry point during the current monitoring period that was not sampled during previous monitoring periods, the supplier must submit an explanation for the change in entry point(s).

(g)Response to an Exceedance of Maximum Permissible Levels

If any maximum permissible level is exceeded at an entry point, the Department may require the supplier to collect a confirmation lead and copper entry point sample as soon as possible but no later than two weeks after the initial entry point sample was collected.

(h)Compliance Determination for Lead and Copper in Source Water

(i) If a confirmation sample is collected, the supplier must average the results of the initial and confirmation samples to determine compliance with the maximum permissible level(s).

(ii) If a confirmation sample is not collected, compliance is determined based the individual sample result.

(iii) If a sample result is less than (<) the method detection limit, the sample result will be given a value of zero when calculating compliance.

(iv) If a sample result is greater than (>) the method detection limit but less than (<) 0.005 mg/L for lead or 0.050 mg/L for copper, when calculating compliance the supplier must use:

(A) For lead, the measured result or 0.0025mg/L.

(B) For copper, the measured result or 0.025 mg/L.

(i)Treatment Technique Violations for Lead and Copper in Source Water

(i) The following constitute lead and copper in source water treatment technique violations:

(A) A confirmation sample is collected and the average of the initial sample result and its confirmation sample result is greater than (>) the maximum permissible level(s) for lead and/or copper.

(B) A confirmation sample is not collected and the individual sample result is greater than (>) the maximum permissible level(s) for lead and/or copper.

(C) The supplier fails to install Department-approved treatment.

(j)Response to Treatment Technique Violations for Lead and Copper in Source Water

(i) In the event of a lead and copper in source water treatment technique violation, the supplier must:

(A) Notify the Department no later than 48 hours after the violation occurs.

(B) Distribute Tier 2 public notice as specified in 11.33.

(C) In the event of a treatment technique violation for exceeding the maximum permissible level(s), the Department may require the supplier to make changes to the treatment.

11.26(6)Lead Service Line Replacement Requirements

(a)Applicability

(i) If the lead action level is exceeded after corrosion control and/or source water treatment has been installed, the supplier must begin lead service line replacement as specified in this section, 11.26(6).

(ii) If the supplier received a violation for failure to install corrosion control and/or source water treatment, the Department may require the supplier to begin lead service line replacement as specified in this section, 11.26(6), after the date the supplier would have been required to complete follow-up lead and copper tap sampling after the installation of corrosion control as specified in 11.26(3)(c)(vii) and/or source water treatment as specified in 11.26(5)(c)(ii).

(b)Requirements for Lead Service Line Replacement

(i) The supplier must replace at least seven percent of the initial number of lead service lines in its distribution system each year based on a 15-year replacement program. The initial number of lead service lines is the number of lead lines in place at the time the replacement program begins.

(A) The supplier must use the information collected in the materials evaluation conducted under 11.26(2)(a)(i) and relevant legal authorities to identify the initial number of lead service lines and the portions of the lead service lines owned by the supplier.

(B) If the lead levels in all service line samples collected from an individual lead service line are less than or equal to ([LESS THAN EQUAL TO]) 0.015 mg/L, the supplier is not required to replace that individual lead service line.

(I) If the supplier collects lead service line samples, each sample must be one liter in volume and have stood motionless in the lead service line for at least six hours. The supplier must collect lead service line samples in one of the following ways:

(a) At the tap, after flushing the volume of water between the tap and the lead service line.

(b) Tapping directly into the lead service line.

(c) 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 that would indicate that the water was standing in the lead service line.

(II) The supplier may include lead service lines that meet this criterion in the seven percent of initial lead service lines that are required to be replaced. These lines are considered to have tested out of having to be replaced.

(C) The first year of the lead service line replacement program must begin on the first day after the end of the monitoring period in which lead service line replacement was triggered.

(ii) Based on the number of lead service lines in the distribution system, the Department shall require a shorter replacement schedule and that more than seven percent of the lead service lines be replaced each year. The Department shall notify the supplier, in writing, of the shorter replacement schedule no later than six months after the end of the monitoring period in which lead service line replacement was triggered.

(iii) The supplier must replace the portions of the lead service lines that the supplier owns.

(A) If the supplier does not own the entire lead service line, the supplier must notify the owner of the line, or the owner's authorized agent, that the supplier will replace the portion of the service line owned by the supplier and must offer to replace the privately-owned portion of the line.

(I) For privately-owned portions of the lead service line, the supplier is not required to:

(a) Pay to replace the privately-owned portion of the line;

(b) Replace the privately-owned portion if the owner chooses not to pay to replace the privately-owned portion of the line; or

(c) Replace the privately-owned portion if doing so would be precluded by law.

(iv) If the entire lead service line is not replaced, the supplier must:

(A) Distribute notification to the residents of all buildings supplied by the lead service line at least 45 days before beginning the partial lead service line replacement. The notification must include all of the following information:

(I) That the residents may experience a temporary increase of lead levels in their drinking water.

(II) Guidance on measures the residents can take to minimize their exposure to lead.

(III) That the supplier will collect and have analyzed, at the supplier's expense, a lead service line sample from each partially-replaced lead service line no later than 72 hours after the completion of the partial lead service line replacement.

(B) If the partial lead service line replacement is in conjunction with emergency repairs, the Department may allow the supplier to distribute the notification in less than 45 days but before beginning the partial lead service line replacement.

(C) For single-family residences supplied by the lead service line, distribute the notification by mail or by other Department-approved methods.

(D) For multiple-family residences supplied by the lead service line, distribute the notification by mail or by other Department-approved methods or post the notification in a conspicuous location.

(E) Collect lead service line samples as specified in 11.26(6)(b)(i)(B)(I) no later than 72 hours after the completion of the partial lead service line replacement.

(I) The supplier must report the lead service line sample results to the owner and the residents supplied by the line no later than three business days after receiving the results.

(a) If the sample results are mailed, the mailings must be postmarked no later than three business days after the supplier received the results.

(v) If the 90^th percentile of the lead tap sample results collected under 11.26(2)(d) is less than or equal to ([LESS THAN EQUAL TO]) the lead action level for two consecutive monitoring periods, the supplier may discontinue replacing lead service lines.

(A) If the lead action level is subsequently exceeded, the supplier must resume lead service line replacement.

(B) If required to resume lead service line replacement, the supplier must:

(I) Update the inventory of lead service lines to include those sites that were previously determined not to require replacement through the sampling provision specified in 11.26(6)(b)(i)(B);

(II) Divide the updated number of remaining lead service lines by the number of years remaining in the replacement program to determine the number of lines that must be replaced each year; and

(III) Comply with a Department-determined schedule for replacing or re-testing lead service lines that were previously tested out if the supplier has completed a 15-year lead service line replacement program.

(c)Reporting Requirements for Lead Service Line Replacement

(i) No later than 12 months after the end of the monitoring period in which lead service line replacement was triggered, the supplier must submit all of the following information:

(A) The materials evaluation conducted under 11.26(2)(a)(i).

(B) The initial number of lead service lines in the distribution system identified under 11.26(6)(b).

(C) The schedule for replacing at least seven percent of the initial number of lead service lines in the distribution system each year.

(ii) No later than 12 months after the end of the monitoring period in which lead service line replacement was triggered, and every 12 months thereafter, the supplier must submit:

(A) The number of lead service lines scheduled to be replaced during the previous year of the replacement schedule.

(B) Documentation that at least seven percent, or the Department-specified percentage, of the initial lead service lines were replaced in the previous 12 months.

(I) The supplier must include the number and location of each lead service line that was replaced during the previous year of the replacement schedule.

(II) If a lead service line(s) has tested out of replacement as specified in 11.26(6)(b)(i)(B), the supplier must submit the sample results from those tests.

(C) If collected, the lead service line sample results, the sampling method, and the date the samples were collected.

(iii) To verify that all partial lead service line replacement activities were completed, the supplier must submit any additional information required by the Department, in a time and manner specified by the Department.

(A) The supplier is not required to submit the sample results of the lead service line samples collected after partial lead service line replacement if the Department has determined that reporting these sample results is not necessary.

(d)Treatment Technique Violations for Lead Service Line Replacement

(i) The following constitute lead service line replacement treatment technique violations:

(A) Failure to replace the required percentage of lead service lines each year.

(B) Failure to comply with the reporting requirements specified in 11.26(6)(c) to demonstrate that the replacement requirements have been met.

(C) Failure to distribute notification to the residents of all buildings supplied by the lead service line at least 45 days before beginning the partial lead service line replacement as specified in 11.26(6)(b)(iv).

(D) Failure to collect and have analyzed a lead sample from each partially-replaced lead service line no later than 72 hours after the completion of the partial lead service line replacement as specified in 11.26(6)(b)(iv)(E).

(E) Failure to report the lead service line sample results to the owner and the residents supplied by the line no later than three business days after receiving the results as specified in 11.26(6)(b)(iv)(E)(I).

(e)Response to Treatment Technique Violations for Lead Service Line Replacement

(i) In the event of a treatment technique violation for lead service line replacement, the supplier must:

(A) Notify the Department no later than 48 hours after the violation occurs; and

(B) Distribute Tier 2 public notice as specified in 11.33.

11.26(7)Public Education Requirements

(a)Applicability

If the lead action level is exceeded, the supplier must comply with the public education requirements as specified in this section, 11.26(7).

(b)Content of Public Education Materials

(i) The supplier must include the following information in printed materials (e.g., brochures and pamphlets) in the same order as follows:

(A) IMPORTANT INFORMATION ABOUT LEAD IN YOUR DRINKING WATER. [NAME OF WATER SYSTEM] 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.

(B) "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."

(C) Include information on the sources of lead:

(I) Explain what lead is.

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

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

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

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

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

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

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

(V) Suggest that parents consult a medical professional for advice about whether to have their child's blood tested for lead.

(E) Explain why there are elevated levels of lead in the system's drinking water, if known, and what the supplier is doing to reduce the levels in homes or buildings in this area.

(F) For more information call us at [THE WATER SYSTEM'S NUMBER] [(IF APPLICABLE), visit our website at [THE WATER SYSTEM'S 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.

(ii) In the printed materials, the supplier must:

(A) Include the language exactly as written and provide the specific information for the text in brackets for 11.26(7)(b)(i)(A), 11.26(7)(b)(i)(B), and 11.26(7)(b)(i)(F).

(B) Provide the information for the requirements specified in 11.26(7)(b)(i)(C-E).

(iii) For community water systems, the supplier must also include all of the following information:

(A) How consumers can get their water tested.

(B) A discussion of lead in plumbing components and the difference between low lead and lead free.

(iv) If the supplier includes additional information, it must be consistent with the information specified in 11.26(7)(b)(i) and be in plain language that can be understood by the general public.

(v) For systems supplying a large proportion of non-English speaking consumers, as determined by the Department, the supplier must include either:

(A) Information in the appropriate language(s) regarding the importance of the notice; or

(B) A telephone number or address where the consumer may contact the supplier to obtain a translated copy of the public education materials or request assistance in the appropriate language.

(vi) The supplier must offer to sample the tap water of any customer who requests it. The supplier is not required to pay for collecting or analyzing the sample, nor is the supplier required to collect and analyze the sample.

(c)Distribution of Public Education Materials for Community Water Systems

(i) For community water systems, the supplier must distribute public education materials as specified in this section, 11.26(7)(c). The public education materials distributed must meet the requirements specified in 11.26(7)(b).

(ii) No later than 60 days after the end of the monitoring period in which the lead action level exceedance occurs, the supplier must:

(A) Distribute public education materials to all bill paying customers.

(B) Distribute public education materials to local public health agencies even if they are not located in the system's service area.

(I) The supplier must contact the local public health agencies directly by phone or in person. The local public health agencies may provide a specific list of additional community based organizations serving target populations, which may include organizations outside the service area of the system.

(a) If such a list is provided, the supplier must distribute public education materials to all organizations on the provided list.

(C) Distribute public education materials to all of the following organizations located in the system's service area:

(I) Public and private schools and 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.

(VI) Local welfare agencies.

(D) Make a good faith effort to locate the following organizations in the system's service area and distribute public education materials to them. The good faith effort to contact at-risk customers may include requesting a specific contact list of these organizations from the local public health agencies, even if the agencies are not located in the system's service area.

(I) Licensed childcare centers.

(II) Public and private preschools.

(III) Obstetricians-Gynecologists and midwives.

(E) Include an informational notice in the materials distributed to the organizations specified in 11.26(7)(c)(ii)(B-D) that encourages the distribution of the public education materials to all of the potentially affected customers or users of the organizations.

(F) In addition to distributing public education materials as specified above, complete at least three activities from one or more of the following categories. The content and selection of these methods must be determined in consultation with the Department.

(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.

(IX) Other Department-approved methods.

(G) Begin including a statement on or in each water bill no less frequently than quarterly.

(I) The water bill must include the following statement exactly as written and provide the specific information for the text in brackets:

[NAME OF WATER SYSTEM] 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 WATER SYSTEM] [or visit (INSERT YOUR WEB SITE HERE)].

(II) The statement or distribution method can be modified in consultation with the Department. The Department may allow a separate mailing of public education materials to customers if the supplier cannot place the information on water bills.

(H) Submit a press release to newspaper, television, and radio stations.

(I) For systems supplying greater than (>) 100,000 people, post public education materials on the system's public website.

(iii) If needed for implementation purposes, the Department may extend the 60-day deadline for the requirements specified in 11.26(7)(c)(ii), on a case-by-case basis, only if the extension is approved in writing before the deadline.

(iv) For as long as the system exceeds the lead action level, the supplier must continue to distribute public education materials as follows:

(A) The supplier must repeat the tasks as specified in 11.26(7)(c)(ii)(A-F) every 12 months.

(B) The supplier must repeat the tasks as specified in 11.26(7)(c)(ii)(G) with each water bill, but no less frequently than quarterly, for as long as the system exceeds the lead action level.

(C) For systems supplying greater than (>) 100,000 people, the supplier must post and retain public education materials on the system's public website.

(D) The supplier must submit a press release to newspaper, television, and radio stations twice every 12 months on a Department-approved schedule.

(v) The supplier may apply to the Department in writing to omit the information specified in 11.26(7)(b)(iii) and complete only the tasks specified in sections 11.26(7)(d)(ii-iv) if:

(A) The system is a facility, such as a prison or a hospital, where the population supplied is unable to make improvements to plumbing or install point-of-use treatment devices; and

(B) The supplier supplies water as part of the cost of services provided and does not separately charge for water consumption.

(vi) For small community water systems, the supplier may modify the requirements for the distribution of the public education materials as follows:

(A) The supplier must complete at least one activity from the categories specified in 11.26(7)(c)(ii)(F)(I-IX).

(B) The supplier may limit the distribution of the public education materials specified in 11.26(7)(c)(ii)(B-D) to facilities and organizations supplied by the system that are most likely to be visited regularly by pregnant women and children.

(C) If the supplier distributes public education materials to every household supplied by the system, the Department may waive the requirement to submit a press release to newspaper, television, and radio stations as specified in 11.26(7)(c)(ii)(H).

(vii) If the system has met the lead action level in the most recent six-month compliance period, the supplier may discontinue the distribution of public education materials.

(A) If the lead action level is subsequently exceeded during any monitoring period, the supplier must resume the distribution of public education materials as specified in this section, 11.26(7)(c).

(d)Distribution of Public Education Materials for Non-transient, Non-community Water Systems

(i) For non-transient, non-community water systems, the supplier must distribute public education materials as specified in this section, 11.26(7)(d).

(ii) No later than 60 days after the end of the monitoring period in which the action level exceedance occurred, the supplier must:

(A) Post informational posters about lead in drinking water in a public place or common area in each of the buildings supplied by the system; and

(B) Distribute informational pamphlets and/or brochures about lead in drinking water to each individual supplied by the system. The Department may allow the supplier to use electronic transmission and/or printed materials as long as the same coverage is achieved.

(iii) If needed for implementation purposes, the Department may extend the 60-day deadline for the requirements specified in 11.26(7)(d)(ii), on a case-by-case basis, only if the extension is approved in writing before the deadline.

(iv) The supplier must repeat the tasks as specified in 11.26(7)(d)(ii) at least once during each calendar year that the lead action level is exceeded.

(v) If the system has met the lead action level in the most recent six-month compliance period, the supplier may discontinue the distribution of public education materials.

(A) If the lead action level is subsequently exceeded during any monitoring period, the supplier must resume the distribution of public education materials as specified in this section, 11.26(7)(d).

(e)Reporting Requirements for Public Education Materials

(i) The supplier must submit all written public education materials before distribution.

(A) If the Department requires the supplier to obtain approval for the content of written public education materials before distribution, the Department shall notify the supplier of this requirement no later than 15 days after receiving the lead and copper tap sample results.

(ii) No later than the 10^th of the month following the end of each period that the supplier was required to complete public education tasks, the supplier must submit documentation that includes all of the following information:

(A) A copy of the public education materials that meet the content requirements specified in 11.26(7)(b).

(B) Demonstration that the applicable distribution requirements, specified in 11.26(7)(c) or 11.26(7)(d), were met.

(C) A list of all the newspapers, radio stations, television stations, and facilities and organizations to which the supplier distributed public education materials.

(I) If this list was previously submitted to the Department and there have been no changes, the supplier is not required to resubmit this information unless required by the Department. The supplier must certify that the public education materials were distributed to the same list previously submitted.

(f)Treatment Technique Violations and Response for Public Education Requirements

(i) If the supplier fails to comply with any of the content, distribution, or reporting requirements for public education materials, a treatment technique violation occurs.

(ii) In the event of a treatment technique violation, the supplier must:

(A) Notify the Department no later than 48 hours after the violation occurs; and

(B) Distribute Tier 2 public notice as specified in 11.33.

11.26(8)Reporting Requirements for a New Source or Long-Term Change in Water Treatment

(a) The Department must review and approve the addition of a new source or long-term change in treatment before it is implemented by the supplier.

(i) No later than a date specified by the Department or, if no date is specified, as soon as possible but before adding the new source or long-term change in treatment, the supplier must submit documentation describing the addition or change if:

(A) The system is deemed to have optimized corrosion control;

(B) The supplier is collecting lead and copper tap samples on a reduced frequency; or

(C) The supplier was granted a small system monitoring waiver from lead and copper tap sampling.

(ii) Examples of long-term treatment changes include:

(A) The addition of a new treatment process or modification of an existing treatment process including:

(I) Changing secondary disinfectants.

(II) Changing coagulants (e.g., alum to ferric chloride).

(III) Changing corrosion inhibitor products (e.g., orthophosphate to blended phosphate).

(B) Changes to dosing levels of existing chemicals if the supplier is planning long-term changes to its finished water pH or residual inhibitor concentration.

(iii) Changes to chemical dosing levels in response to changes in raw water quality are not considered long-term treatment changes.

5 CCR 1002-11.26

38 CR 07, April 10, 2015, effective 4/30/2015

41 CR 11, June 10, 2018, effective 6/30/2018

41 CR 23, December 10, 2018, effective 12/30/2018

43 CR 07, April 10, 2020, effective 4/30/2020

43 CR 17, September 10, 2020, effective 9/30/2020

45 CR 24, December 25, 2022, effective 1/14/2023

46 CR 18, September 25, 2023, effective 10/15/2023