Section 327IAC8-2-36. General requirements; lead and copper

   (a) The requirements of this section and sections 37 through 47 of this rule constitute the drinking water regulations for lead and copper. Unless otherwise indicated, each section applies to CWSs and NTNCWSs (in this section and sections 37 through 47 of this rule referred to as water systems or systems).

  (b) This section and sections 37 through 47 of this rule establish a treatment technique that includes requirements for:

(1) corrosion control treatment;

(2) lead service line replacement; and

(3) public education.

These requirements are triggered, in some cases, by lead and copper action levels measured in samples collected at consumers' taps.

  (c) The following are requirements for lead and copper action levels:

(1) The lead action level is exceeded if the concentration of lead in more than ten percent (10%) of tap water samples collected during any monitoring period conducted in accordance with section 37 of this rule is greater than fifteen-thousandths (0.015) milligram per liter, for example, if the ninetieth percentile lead level is greater than fifteen-thousandths (0.015) milligram per liter.

(2) The copper action level is exceeded if the concentration of copper in more than ten percent (10%) of tap samples collected during any monitoring period conducted in accordance with section 37 of this rule is greater than one and three-tenths (1.3) milligram per liter, for example, if the ninetieth percentile copper level is greater than one and three-tenths (1.3) milligram per liter.

(3) The ninetieth percentile lead and copper levels shall be computed as follows:

(A) The results of all lead or copper samples taken during a monitoring period shall be placed in ascending order from the sample with the lowest concentration to the sample with the highest concentration. Each sampling result shall be assigned a number, ascending by single integers beginning with the number one (1) for the sample with the lowest contaminant level. The number assigned to the sample with the highest contaminant level shall be equal to the total number of samples taken.

(B) The number of samples taken during the monitoring period shall be multiplied by nine-tenths (0.9).

(C) The contaminant concentration in the numbered sample yielded by the calculation in clause (B) is the ninetieth percentile contaminant level.

(D) For water systems serving fewer than one hundred (100) people that collect five (5) samples per monitoring period, the ninetieth percentile is computed by taking the average of the highest and second highest concentrations.

(E) For a PWS that has been allowed by the commissioner to collect fewer than five (5) samples in accordance with section 37(c) of this rule, the sample result with the highest concentration is considered the ninetieth percentile value.

  (d) The following are requirements for corrosion control treatment:

(1) A PWS shall install and operate optimal corrosion control treatment as defined in section 41 of this rule.

(2) A PWS that complies with the applicable corrosion control treatment requirements specified by the commissioner under sections 40 and 41 of this rule shall be deemed in compliance with the treatment requirement contained in subdivision (1).

  (e) A PWS exceeding the lead or copper action level shall implement all applicable source water treatment requirements specified by the commissioner under section 42 of this rule.

  (f) A PWS exceeding the lead action level after implementation of applicable corrosion control and source water treatment requirements shall complete the lead service line replacement requirements contained in section 43 of this rule.

  (g) A PWS shall provide, according to section 44(d) of this rule, a consumer notice of lead tap water monitoring results to persons served at the sites (taps) that are tested. A PWS exceeding the lead action level shall implement the public education requirements contained in section 44(a) of this rule.

  (h) The following shall be completed in compliance with sections 37 through 39 and 45 of this rule:

(1) Tap water monitoring for lead and copper.

(2) Monitoring for water quality parameters.

(3) Source water monitoring for lead and copper.

(4) Analyses of the monitoring results under subdivisions (1) through (3).

  (i) A PWS shall do the following:

(1) Report to the commissioner any information required by the treatment provisions of this section and section 46 of this rule.

(2) Maintain records in accordance with section 47 of this rule.

  (j) Failure to comply with the applicable requirements of this section and sections 37 through 47 of this rule shall constitute a violation of the drinking water regulations for lead or copper, or both. (Water Pollution Control Division; 327 IAC 8-2-36; filed Aug 24, 1994, 8:15 a.m.: 18 IR 67; errata filed Oct 11, 1994, 2:45 p.m.: 18 IR 532; filed May 7, 2010, 9:30 a.m.: 20100602-IR-327080198FRA)