Section 327IAC8-2-46. Reporting requirements; lead and copper

   (a) Reporting requirements for tap water monitoring for lead and copper and for water quality parameter monitoring shall be as follows:

(1) A water system shall report the following information for all tap water samples within the first ten (10) days following the end of each applicable monitoring period specified in sections 37 and 38 of this rule, that is, every six (6) months, annually, every three (3) years, or every nine (9) years:

(A) The results of all tap samples for lead and copper, including:

(i) the location of each site; and

(ii) the criteria under:

(AA) section 37(a)(3) through 37(a)(7) of this rule; or

(BB) which the site was selected for the system's sampling pool.

(B) Documentation for each tap water lead or copper sample for which the system requests an invalidation under section 37(f)(2) of this rule.

(C) The ninetieth percentile lead and copper concentrations:

(i) measured from among all lead and copper tap samples collected during each monitoring period; and

(ii) calculated in accordance with section 36(c)(3) of this rule unless the commissioner calculates the system's ninetieth percentile lead and copper levels under subsection (h).

(D) With the exception of initial tap sampling conducted under section 37(d)(1) of this rule, the system shall:

(i) designate any site that was not sampled during previous monitoring periods; and

(ii) include an explanation of why sampling sites have changed.

(E) The results of all tap samples for:

(i) pH; and

(ii) where applicable:

(AA) alkalinity;

(BB) calcium;

(CC) conductivity;

(DD) temperature; and

(EE) orthophosphate or silica;

collected under section 38(c) through 38(f) of this rule.

(F) The results of all samples collected at the entry point to the distribution system for applicable water quality parameters under section 38(c) through 38(f) of this rule.

A water system shall report the results of all water quality parameter samples collected under section 38(c) through 38(f) of this rule during each six (6) month monitoring period specified in section 38(d) of this rule within the first ten (10) days following the end of the monitoring period unless the commissioner has specified a more frequent reporting requirement. For monitoring periods with a duration of less than six (6) months, the end of the monitoring period is the last date samples can be collected during that period as specified in sections 36 and 37 of this rule.

(2) For an NTNCWS or a CWS meeting the criteria of section 44(b)(7) of this rule that does not have enough taps that can provide first-draw samples, the system shall do either of the following:

(A) Provide written documentation to the commissioner identifying standing times and locations for enough nonfirst-draw samples to make up its sampling pool under section 37(b)(5) of this rule by the start of the first applicable monitoring period under section 37(d) of this rule that commences after April 11, 2000, unless the commissioner has waived prior approval of nonfirst-draw sample sites selected by the system under section 37(b)(5) of this rule.

(B) If the commissioner has waived prior approval of nonfirst-draw sample sites selected by the system, the system shall:

(i) identify, in writing, each site that did not meet the six (6) hour minimum standing time and the length of the standing time for that particular substitute sample collected under section 37(b)(5) of this rule; and

(ii) include the information under item (i) with the lead and copper tap sample results required to be submitted under subdivision (1)(A).

(3) At a time specified by the commissioner or, if no specific time is designated by the commissioner, as early as possible prior to the addition of a new source or any long-term change in water treatment, the following apply:

(A) The following systems shall send written documentation to the commissioner describing the change or addition:

(i) A water system deemed to have optimized corrosion control under section 40(b)(3) of this rule.

(ii) A water system subject to reduced monitoring under section 37(d)(4) of this rule.

(iii) A water system subject to a monitoring waiver under section 37(g) of this rule.

(B) The commissioner, before the implementation by the water system, shall review and approve the addition of the following:

(i) A new source.

(ii) Long-term change in treatment. Examples of long-term treatment changes include the following:

(AA) The addition of a new treatment process or modification of an existing treatment process.

(BB) Switching secondary disinfectants.

(CC) Switching coagulants, for example, alum to ferric chloride.

(DD) Switching corrosion inhibitor products, for example, orthophosphate to blended phosphate.

(EE) Dose changes to existing chemicals if the system is planning long-term changes to its finished water pH or residual inhibitor concentration.

Long-term treatment changes do not include chemical dose fluctuations associated with daily raw water quality changes.

(4) Any small system applying for a monitoring waiver under section 37(g) of this rule, or subject to a waiver granted under section 37(g)(3) of this rule, shall provide the following information to the commissioner in writing by the specified deadline:

(A) By the start of the first applicable monitoring period in section 37(d) of this rule, any small water system applying for a monitoring waiver shall provide the documentation required to demonstrate that it meets the waiver criteria of section 37(g)(1) and 37(g)(2) of this rule.

(B) Not later than nine (9) years after the monitoring previously conducted under section 37(g)(2) or 37(g)(4)(A) of this rule, each small system desiring to maintain its monitoring waiver shall provide the information required by section 37(g)(4)(A) and 37(g)(4)(B) of this rule.

(C) Not later than sixty (60) days after the PWS becomes aware that it is no longer free of lead or copper containing materials, or both, each small system with a monitoring waiver shall provide written notification to the commissioner, setting forth the circumstances resulting in the lead or copper containing materials, or both, being introduced into the system and what corrective action, if any, the system plans to remove these materials.

(D) By October 10, 2000, any small system with a waiver granted prior to April 11, 2000, and that has not previously met the requirements of section 37(g)(1) of this rule shall provide the information required by section 37(g)(1) of this rule.

(5) Each ground water system that limits water quality parameter monitoring to a subset of entry points under section 38(d)(3) of this rule shall provide, by the commencement of such monitoring, the following:

(A) Written correspondence to the commissioner that identifies the selected entry points.

(B) Information sufficient to demonstrate that the sites are representative of water quality and treatment conditions throughout the system.

  (b) Source water monitoring reporting requirements shall be as follows:

(1) A water system shall report the sampling results for all source water samples collected in accordance with section 39 of this rule within the first ten (10) days following the end of each source water monitoring period, that is, annually, per compliance period, per compliance cycle, specified in section 39 of this rule.

(2) With the exception of the first round of source water sampling conducted under section 39(b) of this rule, the system shall:

(A) specify any site that was not sampled during previous monitoring periods; and

(B) include an explanation of why the sampling point has changed.

  (c) This subsection establishes requirements for corrosion control treatment reporting. By the applicable dates under section 40 of this rule, systems shall report the following information:

(1) For systems demonstrating that they already have optimized corrosion control, information required in section 40(b)(2) or 40(b)(3) of this rule.

(2) For systems required to optimize corrosion control, their recommendation regarding optimal corrosion control treatment under section 41(a) of this rule.

(3) For systems required to evaluate the effectiveness of corrosion control treatments under section 41(c) of this rule, the information required under that subsection.

(4) For systems required to install optimal corrosion control designated by the commissioner under section 41(d) of this rule, a letter certifying that the system has completed installing that treatment.

  (d) This subsection establishes requirements for source water treatment reporting. By the applicable dates in section 42 of this rule, systems shall provide the following information to the commissioner:

(1) If required under section 42(b)(1) of this rule, their recommendation regarding source water treatment.

(2) For systems required to install source water treatment under section 42(b)(2) of this rule, a letter certifying that the system has completed installing the treatment designated by the commissioner within twenty-four (24) months after the commissioner designated the treatment.

  (e) This subsection establishes requirements for lead service line replacement reporting. Systems shall report the following information to the commissioner to demonstrate compliance with section 43 of this rule:

(1) Not later than twelve (12) months after the end of a monitoring period in which a system exceeds the lead action level in sampling referred to in section 43(a) of this rule, the system shall:

(A) submit written documentation to the commissioner of the material evaluation conducted as required in section 37(a) of this rule;

(B) identify the initial number of lead service lines in its distribution system at the time the system exceeds the lead action level; and

(C) provide the system's schedule for annually replacing at least seven percent (7%) of the initial number of lead service lines within its distribution system.

(2) Not later than twelve (12) months after the end of a monitoring period in which a system exceeds the lead action level in sampling referred to in section 43(a) of this rule, and every twelve (12) months thereafter, the system shall demonstrate to the commissioner in writing that the system has done either of the following:

(A) Replaced in the previous twelve (12) months:

(i) at least seven percent (7%) of the initial lead service lines; or

(ii) a greater number of lines specified by the commissioner under section 43(e) of this rule;

in its distribution system.

(B) Conducted sampling that demonstrates that the lead concentration in all service line samples from an individual line, taken under section 37(b)(3) of this rule, is less than or equal to fifteen-thousandths (0.015) milligram per liter. If this sample result is met, the total number of lines replaced and that meet the criteria in section 43(b) of this rule shall equal at least:

(i) seven percent (7%) of the initial number of lead lines identified under subdivision (1)(B); or

(ii) the percentage specified by the commissioner under section 43(e) of this rule.

(3) The annual letter submitted to the commissioner under subdivision (2) shall contain the following information:

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

(B) The number and location of each lead service line replaced during the previous year of the system's replacement schedule.

(C) If measured, the:

(i) water lead concentration and location of each service line sampled;

(ii) sampling method; and

(iii) date of sampling.

(4) Any system that collects lead service line samples following partial lead service line replacement required by section 43 of this rule shall report the following:

(A) The results to the commissioner:

(i) within the first ten (10) days of the month following the month when the system receives the laboratory results or as specified by the commissioner; and

(ii) in the time and manner prescribed by the commissioner to verify that all partial lead service line replacement activities have taken place.

(B) Any additional information as specified by the commissioner.

  (f) The following are requirements for public education program reporting:

(1) Any water system that is subject to the public education requirements in section 44 of this rule shall, within ten (10) days after the end of each period in which the system is required to perform public education tasks in accordance with section 44(b) of this rule, send written documentation to the commissioner that contains the following information:

(A) A demonstration that the system has delivered the public education materials that meet the:

(i) content requirements in section 44(a) of this rule; and

(ii) delivery requirements in section 44(b) of this rule.

(B) A list of all the:

(i) newspapers;

(ii) radio stations;

(iii) television stations;

(iv) facilities; and

(v) organizations;

to which the system delivered public education materials during the period in which the system was required to perform the public education tasks.

(2) Unless required by the commissioner, a system that previously submitted the information required by subdivision (1)(B) need not resubmit the information required as long as:

(A) there have been no changes in the distribution list; and

(B) the system certifies that the public education materials were distributed to the same list submitted previously.

(3) Not later than three (3) months following the end of the monitoring period, each system shall mail the following to the commissioner:

(A) A sample copy of the consumer notification of tap results.

(B) A certification that the notification has been distributed in a manner consistent with the requirements of section 44(d) of this rule.

  (g) Any system that collects sampling data in addition to that required by sections 36 through 45 of this rule, this section, and section 47 of this rule shall report the results to the commissioner within the first ten (10) days following the end of the applicable monitoring period under sections 37 through 39 of this rule during which the samples are collected.

  (h) A water system is not required to report the ninetieth percentile lead and copper concentrations measured from among all lead and copper tap water samples collected in each monitoring period as required by subsection (a)(1)(C) if the following conditions are met:

(1) The commissioner has:

(A) previously notified the water system that it shall calculate the water system's ninetieth percentile lead and copper concentrations, based on the lead and copper results submitted under subdivision (2)(A); and

(B) specified a date before the end of the applicable monitoring period by which the system must provide the results of lead and copper tap water samples.

(2) The system has provided the following information to the commissioner by the date specified in subdivision (1):

(A) The results of all tap samples for lead and copper including the location of each site and the criteria under section 37(a)(3), 37(a)(4), 37(a)(5), 37(a)(6), or 37(a)(7) of this rule, under which the site was selected for the system's sampling pool under subsection (a)(1)(A).

(B) An identification of the sampling sites utilized during the current monitoring period that were not sampled during previous monitoring periods and an explanation why sampling sites have changed.

(3) The commissioner has provided the results of the ninetieth percentile lead and copper calculations, in writing, to the water system before the end of the monitoring period.

  (i) The information required by this section shall be submitted to the commissioner using the methods specified in section 13(e) of this rule. (Water Pollution Control Division; 327 IAC 8-2-46; filed Aug 24, 1994, 8:15 a.m.: 18 IR 84; filed Oct 24, 1997, 4:30 p.m.: 21 IR 945; filed Jul 23, 2001, 1:02 p.m.: 24 IR 3980; filed Oct 26, 2001, 4:55 p.m.: 25 IR 784; 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 Jun 13, 2005, 2:30 p.m.: 28 IR 3220; filed May 7, 2010, 9:30 a.m.: 20100602-IR-327080198FRA)