N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 5-1.46

Current through Register Vol. 46, No. 45, November 2, 2024

Section 5-1.46 - Lead service line replacement

(a) Water systems that fail to meet the lead action level in tap samples collected after installing corrosion control treatment and/or source water treatment (whichever occurs later) shall replace lead service lines in accordance with the requirements of this section. Water systems that fail to install optimal corrosion control treatment in accordance with section 5-1.41(c) of this Subpart or source water treatment in accordance with section 5-1.45(a)(2) of this Subpart by the date(s) specified by the State may be required to begin replacement of lead service lines.

(b)Determining number of lead service lines for replacement.

(1) A water system shall replace annually at least seven percent of the initial number of lead service lines in its distribution system. The initial number of lead service lines is the number of lead lines in place at the time the replacement program begins. The system shall identify the initial number of lead service lines in its distribution system, including an identification of the portion(s) owned by the system, based on materials evaluation, including the evaluation required under section 5-1.42(a) of this Subpart and relevant legal authorities (e.g., contracts, local ordinances) regarding the portion owned by the system. The first year of lead service line replacement shall begin on the first day following the end of the monitoring period in which the action level was exceeded in tap sampling referenced in subdivision (a) of this section. If monitoring is required annually or less frequently, the end of the monitoring period is September 30th of the calendar year in which the sampling occurs. If an alternate monitoring period applies, then the end of the monitoring period will be the last day of that period.

(2) A water system is not required to replace an individual lead service line if the results of all samples representative of water in the lead service line, collected in accordance with section 5-1.42(a)(2)(iii) of this Subpart, are less than or equal to 0.015 mg/L.

(3) The total number of lines replaced, either entirely or partially per subdivision (c) of this section, shall equal at least seven percent of the initial number of lead lines identified under paragraph (1) of this subdivision or the percentage specified by the State as per subdivision (d) of this section.

(4) Any water system resuming a lead service line replacement program after the cessation of its lead service line replacement program as allowed by subdivision (f) of this section shall update its inventory of lead service lines to include those sites that were previously determined not to require replacement through the sampling provision under subdivision (c) of this section. The system will then divide the updated number of remaining lead service lines by the number of remaining years in the program to determine the number of lines that shall be replaced per year (7-percent lead service line replacement is based on a 15-year replacement program). For those systems that have completed a 15-year lead service line replacement program, the State will determine a schedule for replacing or re-testing lines that were previously tested under the replacement program if the system re-exceeds the action level.

(c) A water system shall replace the portion of the lead service line that it owns. In cases where the system does not own the entire lead service line, the system shall notify the owner of the line, or the owner's authorized agent, that the system will replace the portion of the service line that it owns and shall offer to replace the owner's portion of the line. A system is not required to bear the cost of replacing the privately-owned portion of the line, where the owner chooses not to pay the cost of replacing the privately-owned portion of the line, or where replacing the privately- owned portion would be precluded by State, local or common law. A water system that does not replace the entire length of the service line also shall complete the following tasks:

(1) At least 45 days prior to commencing with partial replacement of a lead service line, the water system shall provide notice to the resident(s) of all buildings served by the line explaining that they may experience a temporary increase of lead levels in their drinking water, along with guidance on measures consumers can take to minimize their exposure to lead. The State may allow the water system to provide notice of less than 45 days prior to commencing partial lead service line replacement, if such replacement is done in conjunction with emergency repairs. In addition, the water system shall inform the resident(s) served by the line that the system will, at the system's expense, collect a sample from each partially-replaced lead service line that is representative of the water in the service line for analysis of lead content, as prescribed in section 5-1.42(a)(2)(iii) of this Subpart, within 72 hours after the completion of the partial replacement of the service line. The system shall collect the sample and report the results of the analysis to the owner and the resident(s) served by the line within three business days of receiving the results. Mailed notices post-marked within three business days of receiving the results shall be considered on time.

(2) The water system shall provide the information required by paragraph (1) of this subdivision to the residents of individual dwellings by mail or by other methods approved by the State. In instances where multi-family dwellings are served by the service line, the water system shall have the option to post the information at a conspicuous location.

(d) The State shall require a system to replace lead service lines on a shorter schedule than that required by this section, taking into account the number of lead service lines in the system, where a shorter replacement schedule is feasible. The State shall make this determination in writing and notify the system of its finding within six months after the system is triggered into lead service line replacement based on monitoring results referenced in subdivision (a) of this section.

(e) Any water system may cease replacing lead service lines whenever first draw tap water samples meet the lead action level during each of two consecutive six-month monitoring periods. If subsequent rounds of first draw tap water sampling exceed the lead action level the water system shall recommence replacing lead service lines in accordance with subdivision (b) of this section.

(f) To demonstrate compliance with subdivisions (a) through (d) of this section, a system shall report to the State the information specified and no later than the schedule described in 40 CFR 141.90(e).

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 5-1.46

Amended New York State Register January 17, 2018 /Volume XL, Issue 03, eff. 1/17/2018