Section 327IAC8-2-37. Monitoring requirements for lead and copper in tap water  


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  •    (a) The following are requirements for sample site locations:

    (1) By the applicable date of commencement of monitoring under subsection (d)(1), each water system shall complete a materials evaluation of its distribution system in order to identify a pool of targeted sampling sites that:

    (A) meet the requirements of this section; and

    (B) are sufficiently large to ensure that the water system can collect the number of lead and copper tap samples required in subsection (c).

    All sites from which first draw samples are collected shall be selected from this pool of targeted sampling sites. Sampling sites may not include faucets that have POUs or POEs designated to remove inorganic contaminants.

    (2) A water system shall use the information on lead, copper, and galvanized steel that it is required to collect under section 22 of this rule (special monitoring for corrosivity characteristics) when conducting a materials evaluation. When an evaluation of the information collected under section 22(d) of this rule is insufficient to locate the requisite number of lead and copper sampling sites that meet the targeting criteria in subdivisions (3) through (7), the water system shall review the following sources of information in order to identify a sufficient number of sampling sites:

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

    (B) 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.

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

    In addition, the system shall seek to collect the information listed in clauses (A) through (C), where possible, in the course of its normal operations, such as checking service line materials when reading water meters or performing maintenance activities.

    (3) The sampling sites selected for a CWS's sampling pool (tier one (1) sampling sites) shall consist of:

    (A) single family structures; or

    (B) multiple family residences if the residences comprise at least twenty percent (20%) of the structures served by water systems that:

    (i) contain:

    (AA) copper pipes with lead solder installed after 1982; or

    (BB) lead pipes;

    (ii) are served by a lead service line; or

    (iii) meet both items (i) and (ii).

    (4) Any CWS with insufficient tier one (1) sampling sites shall complete its sampling pool with tier two (2) sampling sites consisting of buildings, including multiple family residences that:

    (A) contain:

    (i) copper pipes with lead solder installed after 1982; or

    (ii) lead pipes;

    (B) are served by a lead service line; or

    (C) meet both clauses (A) and (B).

    (5) Any CWS with insufficient tier one (1) and tier two (2) sampling sites shall complete its sampling pool with tier three (3) sampling sites consisting of single family structures that contain copper pipes with lead solder installed before 1983. A CWS with insufficient tier one (1), tier two (2), and tier three (3) sampling sites shall complete its sampling pool with representative sites throughout the distribution system. For purposes of this subdivision, a representative site is a site in which the plumbing materials used at that site would be commonly found at other sites served by the water system.

    (6) The sampling sites selected for an NTNCWS (tier one (1) sampling sites) shall consist of buildings that:

    (A) contain:

    (i) copper pipes with lead solder installed after 1982; or

    (ii) lead pipes;

    (B) are served by a lead service line; or

    (C) meet both clauses (A) and (B).

    (7) An NTNCWS with insufficient tier one (1) sites that meet the targeting criteria in subdivision (6) shall complete its sampling pool with sampling sites that contain copper pipes with lead solder installed before 1983. If additional sites are needed to complete the sampling pool, the NTNCWS shall use representative sites throughout its distribution system. For the purpose of this subdivision, a representative site is a site in which the plumbing materials used at that site would be commonly found at other sites served by the water system.

    (8) Any water system whose distribution system contains lead service lines shall draw:

    (A) fifty percent (50%) of the samples it collects during each monitoring period from sites that contain:

    (i) lead pipes; or

    (ii) copper pipes with lead solder; and

    (B) fifty percent (50%) of the samples from sites served by a lead service line.

    A water system that cannot identify a sufficient number of sampling sites served by a lead service line shall collect first draw samples from all of the sites identified as being served by the lines.

      (b) The following are requirements for sample collection methods:

    (1) All tap samples for lead and copper collected in accordance with this section and sections 38 through 43 of this rule, with the exception of:

    (A) lead service line samples collected under section 43(c) of this rule; and

    (B) samples collected under subdivision (5);

    shall be first draw samples.

    (2) Each first draw tap sample for lead and copper:

    (A) shall:

    (i) be one (1) liter in volume; and

    (ii) have stood motionless in the plumbing system of each sampling site for at least six (6) hours;

    (B) from residential housing shall be collected from the:

    (i) cold water kitchen tap; or

    (ii) bathroom sink tap;

    (C) from a nonresidential building shall be:

    (i) one (1) liter in volume; and

    (ii) collected at an interior tap from which water is typically drawn for consumption; and

    (D) may be collected by the:

    (i) system; or

    (ii) residents, as allowed by the system, after instructing the residents of the sampling procedures specified in this subdivision.

    To avoid problems of residents handling nitric acid, acidification of first draw samples may be done up to fourteen (14) days after the sample is collected. After acidification to resolubilize the metals, the sample must stand in the original container for the time specified in the EPA-approved method before the sample can be analyzed. If a system allows residents to perform sampling, the system may not challenge, based on alleged errors in sample collection, the accuracy of sampling results.

    (3) Each service line sample shall be one (1) liter in volume and have stood motionless in the lead service line for at least six (6) hours. Lead service line samples shall be collected in one (1) of the following ways:

    (A) At the tap after flushing the volume of water between the tap and the lead service line. The volume of water shall be calculated based on the interior diameter and length of the pipe between the tap and the lead service line.

    (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 be indicative of water that has been standing in the lead service line.

    (4) A water system shall collect each first draw tap sample from:

    (A) the same sampling site from which it collected a previous sample; or

    (B) another sampling site in its sampling pool:

    (i) if, for any reason, the water system cannot gain entry to a sampling site in order to collect a follow-up tap sample; and

    (ii) as long as the new site:

    (AA) meets the same targeting criteria; and

    (BB) is within reasonable proximity of the original site.

    (5) An NTNCWS, or a CWS meeting the criteria of section 44(b)(7) of this rule, that does not have enough taps that can supply first draw samples, as defined in subsection (a)(1):

    (A) may apply to the commissioner in writing to substitute nonfirst draw samples; and

    (B) must:

    (i) collect as many first draw samples as possible that are:

    (AA) one (1) liter in volume; and

    (BB) collected at an interior tap from which water is typically drawn for consumption; and

    (ii) identify:

    (AA) sampling times; and

    (BB) locations;

    that would likely result in the longest standing time for the remaining sites.

    The commissioner has the discretion to waive the requirement for prior approval of nonfirst draw sample sites selected by the system by written notification to the system.

      (c) Water systems:

    (1) shall collect at least one (1) sample during each monitoring period specified in subsection (d) from the number of sites listed in the second column of the table in this subsection (standard monitoring);

    (2) conducting reduced monitoring under subsection (d)(4) shall collect:

    (A) at least one (1) sample from the number of sites specified in the third column of the table in this subsection during each monitoring period specified in subsection (d)(4); and

    (B) from monitoring sites that are representative of the sites required for standard monitoring; and

    (3) with fewer than five (5) drinking water taps, that can be used for human consumption meeting the sample site criteria of subsection (a) to reach the required number of samples sites listed in this subsection, shall collect:

    (A) at least one (1) sample from each tap; and

    (B) additional samples from those taps on different days during the monitoring period to meet the required number of sites. Alternatively, the commissioner may allow these PWSs to collect a number of samples less than the number of sites specified in this subsection, provided that all taps that can be used for human consumption are sampled.

    The commissioner shall approve this reduction of the minimum number of samples in writing based on a request from the system or on-site verification by the commissioner.

    The commissioner may specify sampling locations when a system is conducting reduced monitoring.

    System Size (Number of People Served)

    Number of Sites (Standard Monitoring)

    Number of Sites (Reduced Monitoring)

    > 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

    < 101

    5

    5

      (d) The following are requirements for the timing of monitoring:

    (1) For initial tap sampling, the first six (6) month monitoring period for small, medium size, and large systems shall begin on the following dates:

    System Size (Number of People Served)

    First Six Month Monitoring Period Begins On

    > 50,000

    January 1, 1992

    3,301 to 50,000

    July 1, 1992

    < 3,301

    July 1, 1993

    The monitoring requirements are as follows:

    (A) All large systems shall monitor during two (2) consecutive six (6) month periods.

    (B) All small and medium size systems shall monitor during each six (6) month monitoring period until the system:

    (i) exceeds the lead or copper action level and is therefore required to implement the corrosion control treatment requirements under section 40 of this rule, in which case the system shall continue monitoring in accordance with subdivision (2); or

    (ii) meets the lead and copper action levels during two (2) consecutive six (6) month monitoring periods, in which case the system may reduce monitoring in accordance with subdivision (4).

    (2) Tap water monitoring requirements for lead and copper after corrosion control and source water treatment are as follows:

    (A) Any large system that installs optimal corrosion control treatment under STEP FOUR of section 40(d) of this rule shall monitor during two (2) consecutive six (6) month monitoring periods by the date specified in STEP FIVE of section 40(d) of this rule.

    (B) Any small or medium size system that installs optimal corrosion control treatment under STEP FIVE of section 40(e) of this rule shall monitor during two (2) consecutive six (6) month monitoring periods by the date specified in STEP SIX of section 40(e) of this rule.

    (C) Any system that installs source water treatment under STEP THREE of section 42(a) of this rule shall monitor during two (2) consecutive six (6) month monitoring periods by the date specified in STEP FOUR of section 42(a) of this rule.

    (3) After the commissioner specifies the values for water quality control parameters under section 41(f) of this rule, the system shall monitor during each subsequent six (6) month monitoring period, with the first monitoring period to begin on the date the commissioner specifies optimal values under section 41(f) of this rule.

    (4) Reduced monitoring requirements shall be as follows:

    (A) A small or medium size water system that meets the lead and copper action levels during each of two (2) consecutive six (6) month monitoring periods and collects:

    (i) five (5) or more samples may reduce the:

    (AA) number of samples in accordance with subsection (c); and

    (BB) frequency of sampling to once per year; or

    (ii) fewer than five (5) samples as specified in subsection (c), may reduce the frequency of sampling to once per year.

    In no case may the system reduce the number of samples required below the minimum of one (1) sample per available tap. This sampling must begin during the calendar year immediately following the end of the second consecutive six (6) month monitoring period.

    (B) Any water system that meets the lead action level and maintains the range of values for the water quality control parameters reflecting optimal corrosion control treatment specified by the commissioner under section 41(f) of this rule during each of two (2) consecutive six (6) month monitoring periods may reduce the frequency of monitoring to once per year and reduce the number of lead and copper samples in accordance with subsection (c) if it receives written approval from the commissioner. This sampling must begin during the calendar year immediately following the end of the second consecutive six (6) month monitoring period. The commissioner shall:

    (i) review:

    (AA) monitoring;

    (BB) treatment; and

    (CC) other relevant;

    information submitted by the water system in accordance with section 46 of this rule;

    (ii) notify the system in writing when the commissioner determines the system is eligible to commence reduced monitoring; and

    (iii) review and, where appropriate, revise the commissioner's determination when:

    (AA) the system submits new monitoring or treatment data; or

    (BB) other data relevant to the number and frequency of tap sampling becomes available.

    (C) A small or medium size water system that meets the lead and copper action levels during three (3) consecutive years of monitoring may reduce the frequency of monitoring for lead and copper from annually to once every three (3) years. Any water system that meets the lead action level and maintains the range of values for the water quality control parameters reflecting optimal corrosion control treatment specified by the commissioner under section 41(f) of this rule during three (3) consecutive years of monitoring may reduce the frequency of monitoring from annually to once every three (3) years if it receives written approval from the commissioner. Samples collected once every three (3) years must be collected not later than every third calendar year. The commissioner shall:

    (i) review:

    (AA) monitoring;

    (BB) treatment; and

    (CC) other relevant;

    information submitted by the water system in accordance with section 46 of this rule;

    (ii) notify the system in writing when the commissioner determines the system is eligible to reduce the frequency of monitoring to once every three (3) years; and

    (iii) review and, where appropriate, revise the determination when:

    (AA) the system submits new monitoring or treatment data; or

    (BB) other data relevant to the number and frequency of tap sampling becomes available.

    (D) A water system that reduces the number and frequency of sampling shall collect these samples from representative sites included in the pool of targeted sampling sites identified in subsection (a). Systems sampling annually or less frequently shall conduct the lead and copper tap sampling during the months of June, July, August, or September unless the commissioner has approved a different sampling period in accordance with the following:

    (i) At the commissioner's discretion, a different period for conducting the lead and copper tap sampling may be approved for systems conducting a reduced number of samples. This different period shall be no longer than four (4) months and must represent a time of normal operation where the highest levels of lead are most likely to occur. The commissioner shall designate a period that represents a time of normal operation for the system as follows:

    (AA) For an NTNCWS that does not operate during the months of June through September.

    (BB) Where the period of normal operation having the highest levels of lead that are most likely to occur is not known.

    This sampling must begin during the period approved or designated by the commissioner in the calendar year immediately following the end of the second consecutive six (6) month monitoring period for systems initiating annual monitoring and during the three (3) year period following the end of the third consecutive calendar year of annual monitoring for systems initiating triennial monitoring.

    (ii) Systems monitoring annually that have been collecting samples during the months of June through September and have received approval from the commissioner to alter their sample collection period under subsection (a) shall collect their next round of samples during a period that ends not later than twenty-one (21) months after the previous round of sampling.

    (iii) Systems monitoring triennially that have been collecting samples during the months of June through September and have received approval from the commissioner to alter their sample collection period under subsection (a) shall collect their next round of samples during a time period that ends not more than forty-five (45) months after the previous round of sampling. Subsequent rounds of sampling shall be collected annually or triennially as required by this section.

    (iv) Small systems with waivers granted under subsection (g) that have been collecting samples during the months of June through September and have received approval from the commissioner to alter their sample collection period under item (i) must collect their next round of samples before the end of the nine (9) year period.

    (E) A water system that demonstrates for two (2) consecutive six (6) month monitoring periods that the tap water lead level computed under section 36(c)(3) of this rule is less than or equal to five-thousandths (0.005) milligram per liter (mg/L) and the tap water copper level computed under section 36(c)(3) of this rule is less than or equal to sixty-five hundredths (0.65) mg/L may reduce the number of samples in accordance with subsection (c) and reduce the frequency of sampling to once every three (3) calendar years.

    (F) The following apply when a small or medium size water system subject to reduced monitoring exceeds the lead or copper action level:

    (i) A small or medium size water system subject to reduced monitoring that exceeds the lead or copper action level:

    (AA) shall resume sampling in accordance with subdivision (3) and collect the number of samples specified for standard monitoring under subsection (c);

    (BB) shall conduct water quality parameter monitoring in accordance with section 38(c), 38(d), or 38(e) of this rule, as appropriate, during the monitoring period in which it exceeds the action level; and

    (CC) may resume annual monitoring for lead and copper at the tap at the reduced number of sites specified in subsection (c) after it has completed two (2) subsequent consecutive six (6) month rounds of monitoring that meet the criteria of clause (A) or may resume triennial monitoring for lead and copper at the reduced number of sites after it demonstrates through subsequent rounds of monitoring that it meets the criteria of either clause (C) or (E).

    (ii) A water system subject to the reduced monitoring frequency that fails to meet the lead action level during any four (4) month monitoring period or that fails to operate at or above the minimum value or within the range of values for the water quality parameters specified by the commissioner under section 41(f) of this rule for more than nine (9) days in any six (6) month period specified in section 38(d) of this rule shall conduct tap water sampling for lead and copper at the frequency specified in subdivision (3), collect the number of samples specified for standard monitoring under subsection (c), and resume monitoring for water quality parameters in accordance with section 38(d) of this rule. This standard tap water sampling must begin not later than the six (6) month period beginning January 1 of the calendar year following the lead action level exceedance or the water quality parameter excursion. A system affected under this item may resume reduced monitoring for lead and copper at the tap and water quality parameters within the distribution system under the following conditions:

    (AA) The system may resume annual monitoring for lead and copper at the tap at the reduced number of sites specified in subsection (c) after it has completed two (2) subsequent six (6) month rounds of monitoring that meets the criteria of clause (B) and the system has received written approval from the commissioner that it is appropriate to resume reduced monitoring on an annual frequency. This sampling must begin during the calendar year immediately following the end of the second consecutive six (6) month monitoring period.

    (BB) The system may resume triennial monitoring for lead and copper at the tap at the reduced number of sites after it demonstrates through subsequent rounds of monitoring that it meets the criteria of either clause (C) or (E) and the system has received written approval from the commissioner that it is appropriate to resume triennial monitoring.

    (CC) The system may reduce the number of water quality parameter tap water samples required in accordance with section 38(f)(1) of this rule and the frequency with which it collects the samples in accordance with section 38(f)(2) of this rule. A system may not resume triennial monitoring for water quality parameters at the tap until it demonstrates, in accordance with the requirements of section 38(f)(2) of this rule, that it has requalified for triennial monitoring.

    (G) A water system subject to a reduced monitoring frequency under this subdivision shall inform the commissioner in writing in accordance with section 46(a)(3) of this rule of any upcoming long-term change in treatment or addition of a new source as described in this section. The commissioner:

    (i) shall review and approve the addition of a:

    (AA) new source; or

    (BB) long-term change in water treatment;

    before it is implemented by the water system; and

    (ii) may require the system to:

    (AA) resume sampling in accordance with subdivision (3) and collect the number of samples specified for standard monitoring under subsection (c); or

    (BB) take other appropriate steps such as increased water quality parameter monitoring or reevaluation of its corrosion control treatment given the potentially different water quality considerations.

      (e) The results of any monitoring conducted in addition to the minimum requirements of this section shall be considered by the system and the commissioner in making any determinations, for example, calculating the ninetieth percentile lead or copper level, under:

    (1) section 36 of this rule;

    (2) this section; and

    (3) sections 38 through 47 of this rule.

      (f) A sample invalidated under this subsection does not count toward determining lead or copper ninetieth percentile levels under section 36(c)(3) of this rule or toward meeting the minimum monitoring requirements of subsection (c). The following criteria specify invalidation of samples:

    (1) The commissioner may invalidate a lead or copper tap water sample if at least one (1) of the following conditions is met:

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

    (B) The commissioner determines that the sample was taken from a site that did not meet the site selection criteria of this section.

    (C) The sample container was damaged in transit.

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

    (2) The system must report the results of all samples to the commissioner and all supporting documentation for samples the system believes should be invalidated.

    (3) To invalidate a sample under subdivision (1), the decision and the rationale for the decision must be documented in writing. The commissioner may not invalidate a sample solely on the grounds that a follow-up sample result is higher or lower than the original sample.

    (4) The following apply to replacement samples:

    (A) The water system must collect replacement samples for any samples invalidated under this section if, after the invalidation of one (1) or more samples, the system has too few samples to meet the minimum requirements of subsection (c).

    (B) Replacement samples required under clause (A) must be taken as soon as possible, but not later than:

    (i) twenty (20) days after the date the commissioner invalidates the sample; or

    (ii) the end of the applicable monitoring period;

    whichever occurs later.

    (C) Replacement samples taken after the end of the applicable monitoring period shall not also be used to meet the monitoring requirements of a subsequent monitoring period.

    (D) Replacement samples shall be taken at:

    (i) the same locations as the invalidated samples; or

    (ii) locations other than those already used for sampling during the monitoring period if it is not possible to take samples from the locations specified in item (i).

      (g) A small system that meets the criteria of this subsection may apply to the commissioner to reduce the frequency of monitoring for lead and copper under this section to once every nine (9) years for a full waiver if it meets all of the materials criteria specified in subdivision (1) and all of the monitoring criteria specified in subdivision (2). A small system that meets the criteria of subdivisions (1) and (2) for lead or copper but not for both may apply to the commissioner for a partial waiver that may reduce the frequency of tap water monitoring for that contaminant only. The following are the criteria for lead and copper waivers for a small system:

    (1) The system must demonstrate that the distribution system, service lines, and all drinking water supply plumbing, including plumbing conveying drinking water within all residences and buildings connected to the system, are free of lead-containing or copper-containing materials, or both, according to the following:

    (A) To qualify for a lead waiver, either a full waiver or a waiver of the tap water monitoring requirements, the water system must provide certification and supporting documentation to the commissioner that the system is free of all lead-containing materials as demonstrated by the following:

    (i) There are no plastic pipes or plastic service lines that contain lead plasticizers.

    (ii) The system is free of lead service lines, lead pipes, lead soldered pipe joints, and leaded brass or bronze alloy fitting and fixtures unless the fittings and fixtures meet the specifications of any standard established pursuant to the Act at 42 U.S.C. 300g-6(e).

    (B) To qualify for copper waiver, either a full waiver or a waiver of the tap water monitoring requirements, the water system must provide certification and supporting documentation to the commissioner that the system contains no copper pipes or copper service lines.

    (2) The system must have completed at least one (1) six (6) month round of standard tap water monitoring for lead and copper at sites approved by the commissioner and from the number of sites required by subsection (c) and demonstrate that the ninetieth percentile levels for any and all rounds of monitoring conducted since the system became free of all lead-containing or copper-containing materials, or both, as appropriate, meet the following criteria:

    (A) To qualify for a full waiver or a lead waiver, the system must demonstrate that the ninetieth percentile lead level does not exceed five-thousandths (0.005) mg/L.

    (B) To qualify for a full waiver or a copper waiver, the system must demonstrate that the ninetieth percentile for copper does not exceed sixty-five hundredths (0.65) mg/L.

    (3) The commissioner shall notify the system of its waiver determination, in writing, setting forth the basis of its decision and any condition of the waiver. The small system must continue monitoring for lead and copper at the tap as required by subsection (d), as appropriate, until it receives written notification from the commissioner that the waiver has been approved. As a condition of the waiver, the commissioner may require the system to perform specific activities to avoid the risk of lead or copper concentration of concern in tap water, including the following:

    (A) Limited monitoring.

    (B) Periodic outreach to customers to remind them to avoid installation of materials that might void the waiver.

    (4) The monitoring requirements for systems with a full waiver, a lead waiver, or a copper waiver are as follows:

    (A) A system with a full waiver shall:

    (i) conduct tap water monitoring for lead and copper:

    (AA) in accordance with subsection (d)(4)(D);

    (BB) at the reduced number of sampling sites specified in subsection (c); and

    (CC) at least once every nine (9) years; and

    (ii) provide the materials certification specified in subdivision (1) for both contaminants along with the monitoring results.

    A sample collected once every nine (9) years must be collected not later than every ninth calendar year.

    (B) A system with a partial waiver shall:

    (i) conduct tap water monitoring for the waived contaminant:

    (AA) in accordance with subsection (d)(4)(D);

    (BB) at the reduced number of sampling sites specified in subsection (c); and

    (CC) at least once every nine (9) years; and

    (ii) provide the materials certification specified in subdivision (1) pertaining to the waived contaminant along with the monitoring results.

    A system with a partial waiver must also continue to monitor for the nonwaived contaminant in accordance with the requirements of subsection (d), as appropriate.

    (C) Any water system with a full or partial waiver must notify the commissioner in writing in accordance with section 46(a)(3) of this rule of any upcoming long-term change in treatment or addition of a new source, as described in section 46(a)(3) of this rule. The commissioner:

    (i) shall review and approve the addition of a:

    (AA) new source; or

    (BB) long-term change in water treatment;

    before it is implemented by the water system; and

    (ii) has the authority to require the system to add or modify waiver conditions, if the modifications are necessary to address treatment or source water changes at the system. Conditions may include requiring:

    (AA) recertification that the system is free of lead-containing or copper-containing materials, or both; and

    (BB) an additional round or rounds of monitoring.

    (D) If a system with a full or partial waiver becomes aware that it is no longer free of:

    (i) lead-containing materials;

    (ii) copper-containing materials; or

    (iii) both items (i) and (ii), as appropriate;

    as a result of new construction or repairs, the system shall notify the commissioner in writing not later than sixty (60) days after becoming aware of the change.

    (5) If a system continues to satisfy the requirements of subdivision (4), the waiver will be renewed automatically unless any of the conditions for revocation listed in this subdivision occurs. A system whose waiver has been revoked may reapply for a waiver at such time as it again meets the appropriate materials and monitoring criteria of subdivisions (1) and (2). The waiver may be revoked if any of the following conditions occur:

    (A) A system with a full waiver or a lead wavier no longer satisfies the materials criteria of subdivision (1)(A) or has a ninetieth percentile lead level greater than five-thousandths (0.005) mg/L.

    (B) A system with a full waiver or a copper waiver no longer satisfies the materials criteria of subdivision (1)(B) or has a ninetieth percentile copper level greater than sixty-five hundredths (0.65) mg/L.

    (C) The commissioner notifies the system, in writing, that the waiver has been revoked, setting forth the basis of its decision.

    (6) A system whose full or partial waiver has been revoked by the commissioner is subject to the corrosion control treatment and lead and copper tap water monitoring requirements as follows:

    (A) If the system exceeds the lead or copper action level, the system must implement corrosion control treatment in accordance with:

    (i) the deadlines specified in section 40(e) of this rule; and

    (ii) any other applicable requirements of:

    (AA) section 36 of this rule;

    (BB) this section; and

    (CC) sections 38 through 47 of this rule.

    (B) If the system meets both the lead and copper action levels, the system must monitor for lead and copper at the tap not less frequently than once every three (3) years using the reduced number of sample sites specified in subsection (c).

    (Water Pollution Control Division; 327 IAC 8-2-37; filed Aug 24, 1994, 8:15 a.m.: 18 IR 68; errata filed Oct 11, 1994, 2:45 p.m.: 18 IR 532; filed Oct 26, 2001, 4:55 p.m.: 25 IR 764; errata filed Oct 30, 2001, 10:50 a.m.: 25 IR 813; errata filed Feb 22, 2002, 1:59 p.m.: 25 IR 2254; filed May 7, 2010, 9:30 a.m.: 20100602-IR-327080198FRA)