Section 327IAC8-2-43. Lead service line replacement

   (a) Systems that fail to meet the:

(1) lead action level in tap samples taken under section 37(d)(2) of this rule, after installing:

(A) corrosion control treatment;

(B) source water treatment; or

(C) both clauses (A) and (B) (whichever sampling occurs later);

shall replace lead service lines in accordance with the requirements of this section; and

(2) requirements of section 40 or 42 of this rule for failure to install source water or corrosion control treatment may be required to commence lead service line replacement under this section after the date has passed when the system was required to conduct monitoring under section 37(d)(2) of this rule.

  (b) The following requirements pertain to lead service line replacement:

(1) A system shall replace lead service lines according to the following:

(A) Annually, at least seven percent (7%) of the initial number of lead service lines in its distribution system shall be replaced, where the initial number of lead service lines is the number of lead service lines in place at the time the replacement program begins.

(B) The system shall identify the initial number of lead service lines in its distribution system, including an identification of the portion or portions owned by the system; based upon:

(i) a materials evaluation, including the evaluation required under section 37(a) of this rule; and

(ii) relevant legal authorities, for example, to contracts and local ordinances, regarding the portion owned by the system.

(C) 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 under subsection (a). For monitoring periods that are annual or less frequent, the end of the monitoring period is:

(i) September 30 of the calendar year in which the sampling occurs; or

(ii) the last day of an alternate monitoring period, if one is specified by the commissioner.

(2) A water system resuming a lead service line replacement program after the cessation of its lead service line replacement program as allowed by subsection (f) shall meet the following:

(A) The system 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 subsection (c).

(B) After the update to its inventory under clause (A), the system will divide the updated number of remaining lead service lines by the number of remaining years in the program to determine the number of lines that must be replaced per year. Seven percent (7%) lead service line replacement is based on a fifteen (15) year replacement program, for example, systems resuming lead service line replacement after previously conducting two (2) years of replacement would divide the updated inventory by thirteen (13).

(C) For systems that have completed a fifteen (15) year replacement program, the commissioner will determine, at the time the system reexceeds the lead action level, a schedule for replacing or retesting lead lines that previously tested so as not to require replacement.

  (c) A system is not required to replace an individual lead service line if the lead concentration in all service line samples from that line, taken under section 37(b)(3) of this rule, is less than or equal to fifteen-thousandths (0.015) milligram per liter.

  (d) A water system shall replace that 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, nor is it required to replace 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 of the line 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:

(1) Notice to water users served by the partially replaced lead service line shall meet the following:

(A) At least forty-five (45) days prior to commencing with the partial replacement of a lead service line, the water system shall provide notice to the resident or residents of all buildings served by the line:

(i) explaining that water users may experience a temporary increase of lead levels in their drinking water; and

(ii) including guidance on measures consumers can take to minimize their exposure to lead.

(B) If the partial replacement of a lead service line is an emergency repair, the commissioner may allow the water system to provide notice less than forty-five (45) days prior to commencing the partial replacement of the lead service line.

(C) The water system shall:

(i) inform the resident or residents 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 under section 37(b)(3) of this rule, within seventy-two (72) hours after the completion of the partial replacement of the service line; and

(ii) report the results of the analysis to the owner and the resident or residents served by the line within three (3) business days of receiving the results. Mailed notices postmarked within three (3) business days of receiving the result shall be considered on time.

(2) The water system shall provide the information required by this subsection to the residents of individual dwellings by mail or other methods approved by the commissioner. In instances where multifamily dwellings are served by the line, the water system shall have the option to post the information at a conspicuous location.

  (e) The commissioner may require a system to replace lead service lines on a shorter schedule than that required by this section, taking into account:

(1) the number of lead service lines in the system; and

(2) whether a shorter replacement schedule is feasible.

The commissioner shall make this determination in writing and notify the system of the determination within six (6) months after the system is triggered into lead service line replacement based on monitoring referenced in subsection (a).

  (f) A system may cease replacing lead service lines whenever:

(1) first draw samples collected under section 37(d)(3) of this rule meet the lead action level during each of two (2) consecutive monitoring periods; and

(2) the system submits the results required under subdivision (1) to the commissioner.

If the lead tap samples in a water system that has ceased replacing lead service lines thereafter exceeds the lead action level, the system shall recommence replacing lead service lines under subsection (b).

  (g) To demonstrate compliance with subsections (a) through (d), a system shall report to the commissioner the information specified in section 46(e) of this rule. (Water Pollution Control Division; 327 IAC 8-2-43; filed Aug 24, 1994, 8:15 a.m.: 18 IR 78; filed Oct 24, 1997, 4:30 p.m.: 21 IR 944; filed Oct 26, 2001, 4:55 p.m.: 25 IR 778; filed May 7, 2010, 9:30 a.m.: 20100602-IR-327080198FRA)