401 KAR 8:300. Lead and copper.

401 KAR 8:300. Lead and copper.

RELATES TO: KRS, 40 C.F.R. 141.23(k), 141.43, 141.80-141.91, 42 U.S.C. 300(g)-6(e)

STATUTORY AUTHORITY: KRS 224.10-100, 224.10-110, 40 C.F.R. 141.23 (k), 141.43, 141.80-141.91, 42 U.S.C. 300f, 300g, 300g-6(e), 300j

NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-100 and 224.10-110 authorize the cabinet to promulgate administrative regulations for the regulation and control of the purification of water for public and semipublic use. This administrative regulation bans lead in drinking water facilities and provides standards for lead and copper in drinking water.

Section 1. Prohibition of Use of Lead Pipes, Solder, and Flux. Pipe, solder, or flux used in the installation or repair of a public water system, or plumbing in a residential or nonresidential facility providing water for human consumption that is connected to a public water system, shall be lead-free, as defined in 401 KAR 8:010. This prohibition shall not apply to leaded joints necessary for the repair of cast iron pipes.

Section 2.. General Requirements. (1) The requirements of this administrative regulation shall constitute the primary drinking water regulations for lead and copper. Each provision of this administrative regulation shall apply to community water systems and nontransient, noncommunity water systems, referred to as "water systems" or "systems".

(2) The requirements in this administrative regulation shall take effect upon adoption.

(3) This administrative regulation establishes a treatment technique that includes requirements for corrosion control treatment, source water treatment, lead service line replacement, and public education. These requirements are triggered by lead and copper action levels measured in samples collected at consumers' taps.

(4) Lead and copper action levels.

(a) The lead action level shall be exceeded if the concentration of lead in more than ten (10) percent of tap water samples collected during any monitoring period conducted in accordance with Section 8 of this administrative regulation is greater than 0.015 mg/l, i.e., if the 90th percentile lead level is greater than 0.015 mg/l.

(b) The copper action level shall be exceeded if the concentration of copper in more than ten (10) percent of tap water samples collected during any monitoring period conducted in accordance with Section 8 of this administrative regulation is greater than one and three-tenths (1.3) mg/l, i.e., if the 90th percentile copper level is greater than one and three-tenths (1.3) mg/L.

1. 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.

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

3. The contaminant concentration in the numbered sample yielded by the calculation in subparagraph 2 of this paragraph shall be the 90th percentile contaminant level.

4. For a water system serving fewer than 100 people that collects five (5) samples per monitoring period, the 90th percentile shall be computed by taking the average of the highest and second highest concentrations.

(5) Corrosion control treatment requirements.

(a) A water system shall install and operate optimal corrosion control treatment as defined in 401 KAR 8:010.

(b) A water system that complies with the applicable corrosion control treatment requirements approved by the cabinet under Sections 3 and 4 of this administrative regulation shall be deemed in compliance with the treatment requirement contained in paragraph (a) of this subsection.

(6) Source water treatment requirements. A system exceeding the lead or copper action level shall implement all applicable source water treatment requirements specified by the cabinet under Section 5 of this administrative regulation.

(7) Lead service line replacement requirements. A system 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 6 of this administrative regulation.

(8) Public education requirements. A system exceeding the lead action level shall implement the public education requirements contained in Section 7 of this administrative regulation.

(9) Monitoring and analytical requirements. Tap water monitoring for lead and copper, monitoring for water quality parameters, source water monitoring for lead and copper, and analyses of the monitoring results under this administrative regulation shall be completed in compliance with Sections 8 to 11 of this administrative regulation.

(10) Reporting requirements. A system shall report to the cabinet any information required by the treatment provisions and Section 12 of this administrative regulation.

(11) Recordkeeping requirements. A system shall maintain records in accordance with Section 13 of this administrative regulation.

(12) Violation of national primary drinking water regulations. Failure to comply with the applicable requirements of this section and Sections 3 to 13 of this administrative regulation shall constitute a violation of the primary drinking water regulations for lead and copper. The system shall notify the public pursuant to 401 KAR 8:070 and shall issue the notices required by this administrative regulation.

Section 3. Corrosion Control Treatment Applicability. The following corrosion control treatment steps shall apply to small, medium-size, and large water systems.

(1) A system shall complete applicable corrosion control treatment requirements described in Section 4 of this administrative regulation, by the deadlines established in this section.

(a) A large system, serving more than 50,000 persons, shall complete the corrosion control treatment steps specified in subsection (4) of this section, unless it is deemed to have optimized corrosion control under subsection (2)(b) or (c) of this section.

(b) A small system, serving less than or equal to 3,300 persons, and a medium-size system, serving more than 3,300 and less than or equal to 50,000 persons, shall complete the corrosion control treatment steps specified in subsection (5) of this section, unless it is deemed to have optimized corrosion control under subsection (2)(a), (b), or (c) of this section.

(2) A system shall be deemed to have optimized corrosion control and may complete the applicable corrosion control treatment steps identified in this section if the system satisfies one (1) of the criteria specified in paragraphs (a) through (c) of this subsection. A system deemed to have optimized corrosion control under this subsection, and that has treatment in place, shall continue to operate and maintain optimal corrosion control treatment.

(a) A small or medium-size water system shall be deemed to have optimized corrosion control if the system meets the lead and copper action levels during each of two (2) consecutive six (6) month monitoring periods conducted in accordance with Section 8 of this administrative regulation.

(b)1. A water system may be deemed by the cabinet to have optimized corrosion control treatment if the system demonstrates to the satisfaction of the cabinet that it has conducted activities equivalent to the corrosion control steps applicable to the system under this section.

2. If the cabinet makes this determination, it shall provide the system with written notice explaining the basis for its decision and shall specify the water quality control parameters representing optimal corrosion control in accordance with Section 4(6) of this administrative regulation.

3. A water system deemed to have optimized corrosion control under this paragraph shall:

a. Operate in compliance with the cabinet-designated optimal water quality control parameters in accordance with Section 4(7) of this administrative regulation; and

b. Continue to conduct lead and copper tap and water quality parameter sampling in accordance with Sections 8(4)(c) and 9(4) of this administrative regulation, respectively.

4. A system shall provide the cabinet with the following information to support a determination under this paragraph:

a. The results of all test samples collected for each of the water quality parameters in Section 4(3)(c) of this administrative regulation;

b. A report explaining the test methods used by the water system to evaluate the corrosion control treatments listed in Section 4(3)(a) of this administrative regulation, the results of all tests conducted, and the basis for the system's selection of optimal corrosion control treatment;

c. A report explaining how corrosion control has been installed and how it is being maintained to ensure minimal lead and copper concentrations at consumers' taps; and

d. The results of tap water samples collected in accordance with Section 8 of this administrative regulation at least once every six (6) months for one (1) year after corrosion control has been installed.

(c) A water system shall be deemed to have optimized corrosion control if it submits results of tap water monitoring conducted in accordance with Section 8 of this administrative regulation and source water monitoring conducted in accordance with Section 10 of this administrative regulation that demonstrate for two (2) consecutive six (6) month monitoring periods that the difference between the 90th percentile tap water lead level computed under Section 2(4)(c) of this administrative regulation, and the highest source water lead concentration is less than the practical quantitation level for lead specified in Section 11 of this administrative regulation and 40 C.F.R. 141.89 (a)(1)(ii), adopted without change.

1. A system whose highest source water lead level is below the method detection limit may also be deemed to have optimized corrosion control under this paragraph if the 90th percentile tap water lead level is less than or equal to the practical quantitation level for lead for two (2) consecutive six (6) month monitoring periods.

2. A water system deemed to have optimized corrosion control in accordance with this paragraph shall continue monitoring for lead and copper at the tap no less frequently than once every three (3) calendar years using the reduced number of sites specified in Section 8(3) of this administrative regulation and collecting the samples at times and locations specified in Section 8(4)(d)4 of this administrative regulation.

3. A water system deemed to have optimized corrosion control pursuant to this paragraph shall notify the cabinet in writing pursuant to Section 12(1)(c) of this administrative regulation of a change in treatment or the addition of a new source. The cabinet may require the system to conduct additional monitoring or, upon agreement between the cabinet and the water system, take other action to ensure that the system maintains minimal levels of corrosion in the distribution system.

4. If a system exceeds the copper action level, the system shall not be deemed to have optimized corrosion control under this paragraph, and shall implement corrosion control treatment pursuant to subparagraph 5 of this paragraph.

5. A system triggered into corrosion control because it is no longer deemed to have optimized corrosion control under this paragraph shall implement corrosion control treatment in accordance with the deadlines in subsection (5) of this section. A large system triggered into corrosion control shall adhere to the schedule specified in subsection (5) of this section for medium-size systems, with the time periods for completing each step being triggered by the date the system is no longer deemed to have optimized corrosion control under this paragraph.

(3)(a) Any small or medium-size water system that shall complete the corrosion control steps due to its exceedance of the lead or copper action level may cease completing the treatment steps if the system meets both action levels during each of two (2) consecutive monitoring periods conducted pursuant to Section 8 of this administrative regulation and submits the results to the cabinet.

(b) If the water system then exceeds the lead or copper action level during any monitoring period, the system shall recommence completion of the applicable treatment steps, beginning with the first treatment step which was not previously completed in its entirety.

(c) The cabinet may require a system to repeat treatment steps previously completed by the system if the cabinet determines it necessary to implement properly the treatment requirements of this section. The cabinet shall notify the system in writing of the determination and explain the basis for its decision.

(d) The requirement for a small or medium-size system, including a system deemed to have optimized corrosion control under subsection (2)(a) of this section, to implement corrosion control treatment steps in accordance with subsection (5) of this section shall be triggered if a small or medium-size system exceeds the lead or copper action level.

(4) Treatment steps and deadlines for large systems. Except as provided in subsection (2)(b) and (c) of this section, a large system shall complete the following corrosion control treatment steps, described in the referenced portions of Sections 4, 8, and 9 of this administrative regulation, in the indicated time frames.

(a) Step 1: The system shall conduct the initial monitoring required by Sections 8(4)(a) and 9(2) of this administrative regulation during two (2) consecutive six (6) month monitoring periods within the first year of operation or the first year after a change of circumstances or as specified in subsection (2)(c)3 of this section. If the system was in operation as of January 1, 1992, the initial monitoring shall have been conducted by January 1, 1993.

(b) Step 2: The system shall complete the corrosion control studies required by Section 4(3) of this administrative regulation within eighteen (18) months after completing Step 1 in paragraph (a) of this subsection.

(c) Step 3: The cabinet shall approve or designate an optimal corrosion control treatment pursuant to Section 4(4) of this administrative regulation within six (6) months after completing Step 2 in paragraph (b) of this subsection.

(d) Step 4: The system shall install the optimal corrosion control treatment required by Section 4(5) of this administrative regulation within twenty-four (24) months after completing Step 3 in paragraph (c) of this subsection.

(e) Step 5: The system shall complete the follow-up sampling required by Sections 8(4)(b) and 9(3) of this administrative regulation within one (1) year after completing Step 4 in paragraph (d) of this subsection.

(f) Step 6: The cabinet shall review installation of treatment and approve or designate optimal water quality control parameters pursuant to Section 4(6) of this administrative regulation within six (6) months after completing Step 5 in paragraph (e) of this subsection.

(g) Step 7: The system shall operate in compliance with the optimal water quality control parameters approved or designated by the cabinet, pursuant to Section 4(7) of this administrative regulation, and continue to conduct tap sampling as required by Sections 8(4)(c) and 9(4) of this administrative regulation.

(5) Treatment steps and deadlines for small and medium-size systems. Except as provided in subsection (2) of this section, a small or medium-size system shall complete the following corrosion control treatment steps described in the referenced portions of Sections 4, 8, and 9 of this administrative regulation by the indicated time periods.

(a) Step 1: The system shall conduct the initial tap sampling required by Sections 8(4)(a) and 9(2) of this administrative regulation until the system either exceeds the lead or copper action level or becomes eligible for reduced monitoring under Section 8(4)(d) of this administrative regulation. A system exceeding the lead or copper action level shall recommend to the cabinet the optimal corrosion control treatment required by Section 4(1) of this administrative regulation within six (6) months after it exceeds one (1) of the action levels.

(b) Step 2: Within twelve (12) months after a system exceeds the lead or copper action level, the cabinet may require the system to perform the corrosion control studies required by Section 4(2) of this administrative regulation. If the cabinet does not require the system to perform corrosion control studies, the cabinet shall specify optimal corrosion control treatment pursuant to Section 4(4) of this administrative regulation within the following time frames:

1. For a medium-size system, within eighteen (18) months after the system exceeds the lead or copper action level; or

2. For a small system, within twenty-four (24) months after the system exceeds the lead or copper action level.

(c) Step 3: If the cabinet requires a system to perform corrosion control studies pursuant to paragraph (b) of this subsection, the system shall complete the studies required by Section 4(3) of this administrative regulation within eighteen (18) months after the cabinet notifies the system that the studies shall be conducted.

(d) Step 4: If the system has performed corrosion control studies pursuant to paragraph (b) of this subsection, the cabinet shall approve or designate optimal corrosion control treatment pursuant to Section 4(4) of this administrative regulation within six (6) months after completion of step 3 in paragraph (c) of this subsection.

(e) Step 5: The system shall install the optimal corrosion control treatment required by Section 4(5) of this administrative regulation within twenty-four (24) months after the cabinet approves or designates the treatment.

(f) Step 6: The system shall complete the follow-up sampling required by Sections 8(4)(b) and 9(3) of this administrative regulation within thirty-six (36) months after the cabinet approves or designates optimal corrosion control treatment.

(g) Step 7: The cabinet shall review the system's installation of treatment and approve or designate optimal water quality control parameters pursuant to Section 4(6) of this administrative regulation within six (6) months after completion of step 6 in paragraph (f) of this subsection.

(h) Step 8: The system shall operate in compliance with the optimal water quality control parameters approved or designated by the cabinet pursuant to Section 4(7) of this administrative regulation and shall continue to conduct the tap sampling required by Sections 8(4)(c) and 9(4) of this administrative regulation.

Section 4. Description of Corrosion Control Treatment Requirements. Each system shall complete the corrosion control treatment requirements described below which are applicable to the system under Section 3 of this administrative regulation.

(1) System recommendation regarding corrosion control treatment. Based upon the results of lead and copper tap monitoring and water quality parameter monitoring a small or medium-size water system, exceeding the lead or copper action level shall recommend installation of one (1) or more of the corrosion control treatments listed in subsection (3)(a) of this section which the system believes constitutes optimal corrosion control for that system. The cabinet may require the system to conduct additional water quality parameter monitoring in accordance with Section 9(2) of this administrative regulation to assist the cabinet in reviewing the system's recommendation.

(2) Cabinet decision to require studies of corrosion control treatment, applicable to small and medium size systems. A small or medium-size system that exceeds the lead or copper action level may be required to perform corrosion control studies under subsection (3) of this section to identify optimal corrosion control treatment for the system.

(3) Performance of corrosion control studies.

(a) A public water system performing corrosion control studies shall evaluate the effectiveness of each of the following treatments, and, if appropriate, combinations of the following treatments, to identify the optimal corrosion control treatment for that system:

1. Alkalinity and pH adjustment;

2. Calcium hardness adjustment; and

3. The addition of a phosphate or silicate based corrosion inhibitor at a concentration sufficient to maintain an effective residual concentration in all test tap samples.

(b) The water system shall evaluate each of the corrosion control treatments using either pipe rig or loop tests, metal coupon tests, partial-system tests, or analyses based on documented analogous treatments with other systems of similar size, water chemistry and distribution system configuration.

(c) The water system shall measure the following water quality parameters in tests conducted under this subsection before and after evaluating the corrosion control treatments listed above:

1. Lead;

2. Copper;

3. pH;

4. Alkalinity;

5. Calcium;

6. Conductivity;

7. Orthophosphate, if an inhibitor containing a phosphate compound is used;

8. Silicate, if an inhibitor containing a silicate compound is used; and

9. Water temperature.

(d) The water system shall identify all chemical or physical constraints that limit or prohibit the use of a particular corrosion control treatment and document the constraints with at least one (1) of the following:

1. Data and documentation showing that a particular corrosion control treatment has adversely affected other water treatment processes when used by another water system with comparable water quality characteristics; or

2. Data and documentation demonstrating that the water system has previously attempted to evaluate a particular corrosion control treatment and has found that the treatment is ineffective or adversely affects other water quality treatment processes.

(e) The water system shall evaluate the effect of the chemicals used for corrosion control treatment on other water quality treatment processes.

(f) On the basis of an analysis of the data generated during each evaluation, the water system shall recommend to the cabinet in writing the treatment option that the corrosion control studies indicate constitutes optimal corrosion control treatment for that system. The water system shall provide a rationale for its recommendation along with all supporting documentation specified in paragraphs (a) through (e) of this subsection.

(4) Cabinet designation or approval of a designated optimal corrosion control treatment.

(a) Based upon consideration of available information including, if applicable, studies performed under subsection (3) of this section and a system's recommended treatment alternative, the cabinet shall either approve the corrosion control treatment option recommended by the system, or designate alternative corrosion control treatments from among those listed in subsection (3)(a) of this section. If approving or designating optimal treatment, the cabinet shall consider the effects that additional corrosion control treatment will have on water quality parameters and on other water quality treatment processes.

(b) The cabinet shall notify the system of its decision on optimal corrosion control treatment in writing and explain the basis for this determination. If the cabinet requests additional relevant information to aid its review, the water system shall provide the information.

(5) Installation of optimal corrosion control. Each system shall properly install and operate throughout its distribution system the optimal corrosion control treatment approved by the cabinet under subsection (4) of this section.

(6) Cabinet review of treatment and specification of optimal water quality control parameters. The cabinet shall evaluate the results of all lead and copper tap samples and water quality parameter samples submitted by the water system and determine if the system has properly installed and operated the optimal corrosion control treatment approved by the cabinet in subsection (4) of this section.

(a) Upon reviewing the results of tap water and water quality parameter monitoring by the system, both before and after the system installs optimal corrosion control treatment, the cabinet shall approve:

1. A minimum value or a range of values for pH measured at each entry point to the distribution system;

2. A minimum pH value, measured in all tap samples. The value shall be equal to or greater than seven and zero-tenths (7.0), unless the cabinet determines that meeting a pH level of seven and zero-tenths (7.0) is not technologically feasible or is not necessary for the system to optimize corrosion control;

3. If a corrosion inhibitor is used, a minimum concentration or a range of concentrations for the inhibitor, measured at each entry point to the distribution system and in all tap samples, that the cabinet determines is necessary to form a passivating film on the interior walls of the pipes of the distribution system;

4. If alkalinity is adjusted as part of optimal corrosion control treatment, a minimum concentration or a range of concentrations for alkalinity, measured at each entry point to the distribution system and in all tap samples; and

5. If calcium carbonate stabilization is used as part of corrosion control, a minimum concentration or a range of concentrations for calcium, measured in all tap samples.

(b) The values for the applicable water quality control parameters listed above shall be those that the cabinet, in agreement with the water system, determines reflect optimal corrosion control treatment for the system. The cabinet may, in agreement with the water system, designate values for additional water quality control parameters determined to reflect optimal corrosion control for the system. The cabinet shall notify the system in writing of these determinations and explain the basis for its decisions.

(7) Continued operation and monitoring.

(a) A system optimizing corrosion control shall continue to operate and maintain optimal corrosion control treatment, including maintaining water quality parameters at or above minimum values or within ranges designated by the cabinet under subsection (6) of this section, in accordance with this subsection for all samples collected under Section 9(4) to (6) of this administrative regulation.

(b) Compliance with the requirements of this subsection shall be determined every six (6) months, as specified in Section 9(4) of this administrative regulation.

(c) A water system shall be out of compliance with the requirements of this subsection for a six (6) month period if it has excursions for a cabinet-specified parameter in subsection (6) of this section on more than nine (9) days during the period.

(d) An excursion shall occur if the daily value for one (1) or more of the water quality parameters measured at a sampling location is below the minimum value or outside the range designated by the cabinet.

(e) Daily values shall be calculated as follows, except that the cabinet may delete results of obvious sampling errors from this calculation.

1. On days when more than one (1) measurement for the water quality parameter is collected at the sampling location, the daily value shall be the average of all results collected during the day, regardless of whether they are collected through continuous monitoring, grab sampling, or a combination of both. If the U.S. Environmental Protection Agency has approved an alternative formula, that formula shall be used to aggregate multiple measurements taken at a sampling point of the water quality parameter instead of the formula in this paragraph.

2. On days when only one (1) measurement for the water quality parameter is collected at the sampling location, the daily value shall be the result of that measurement.

3. On days when no measurement is collected for the water quality parameter at the sampling location, the daily value shall be the daily value calculated on the most recent day on which the water quality parameter was measured at the sample site.

(8) Modification of cabinet’s treatment decisions.

(a)1. Upon its own initiative, or in response to a request by a water system or other interested parties, the cabinet may modify its determination of the optimal corrosion control treatment under subsection (4) of this section or optimal water quality control parameters under subsection (6) of this section.

2. A request for modification by a system or other interested party shall:

a. Be in writing;

b. Explain why the modification is appropriate; and

c. Provide supporting documentation.

(b)1. The cabinet may modify its determination if it concludes that change is necessary to ensure that the system continues to optimize corrosion control treatment.

2. A revised determination shall:

a. Be made in writing;

b. Set forth the new treatment requirements;

c. Explain the basis for the cabinet's decision; and

d. Provide an implementation schedule for completing the treatment modifications.

Section 5. Source Water Treatment Requirements. (1) Deadlines for completing source water treatment steps. A system shall complete the applicable source water monitoring and treatment requirements, described in the referenced portions of subsection (2) of this section and Sections 8 and 10 of this administrative regulation, by the following deadlines.

(a) Step 1: A system exceeding the lead or copper action level shall complete the lead and copper source water monitoring required by Section 10(2) of this administrative regulation and make a treatment recommendation to the cabinet pursuant to subsection (2)(a) of this section within six (6) months after exceeding the lead or copper action level.

(b) Step 2: The cabinet shall make a determination regarding source water treatment as provided by subsection (2)(b) of this section within six (6) months after submission of monitoring results under paragraph (a) of this subsection.

(c) Step 3: If the cabinet requires installation of source water treatment, the system shall install the treatment required by subsection (2)(c) of this section within twenty-four (24) months after completion of paragraph (b) of this subsection.

(d) Step 4: The system shall complete the follow-up tap water monitoring required by Section 8(4)(b) of this administrative regulation and the source water monitoring required by Section 10(3) of this administrative regulation within thirty-six (36) months after completion of paragraph (b) of this subsection.

(e) Step 5: The cabinet shall review the system's installation and operation of source water treatment and specify maximum permissible source water levels pursuant to subsection (2)(d) of this section within six (6) months after completion of paragraph (d) of this subsection.

(f) Step 6: The system shall operate in compliance with the maximum permissible lead and copper source water levels designated by the cabinet pursuant to subsection (2)(d) of this section and shall continue the source water monitoring required by Section 10(4) of this administrative regulation.

(2) Description of source water treatment requirements.

(a) A system that exceeds the lead or copper action level shall recommend in writing to the cabinet the installation and operation of one (1) of the source water treatments listed in paragraph (b) of this subsection. A system may recommend that no treatment be installed based upon a demonstration that source water treatment is not necessary to minimize lead and copper levels at users' taps.

(b) The cabinet shall evaluate the results of all source water samples submitted by the water system to determine if source water treatment is necessary to minimize lead or copper levels in water delivered to users' taps. If the cabinet determines that treatment is needed, the cabinet shall either require installation and operation of the source water treatment recommended by the system or require the installation and operation of another source water treatment from among the following: ion exchange, reverse osmosis, lime softening, or coagulation and filtration. If the cabinet requests additional relevant information to aid in its review, the water system shall provide the information by the date specified by the cabinet in its request. The cabinet shall notify the system in writing of its determination and set forth the basis for its decision.

(c) Each system shall properly install and operate the source water treatment designated by the cabinet under paragraph (b) of this subsection.

(d) The cabinet shall review the source water samples taken by the water system both before and after the system installs source water treatment, and determine if the system has properly installed and operated the source water treatment designated by the cabinet. Based upon its review, the cabinet shall designate the maximum permissible lead and copper concentrations for finished water entering the distribution system. The maximum permissible lead and copper concentrations shall reflect the contaminant removal capability of the treatment, assuming the treatment is properly operated and maintained. The cabinet shall notify the system in writing and explain the basis for its decision.

(e) Each water system shall maintain lead and copper levels below the maximum permissible concentrations designated by the cabinet at each sampling point monitored in accordance with Section 10 of this administrative regulation. The system shall be in violation of this paragraph if the level of lead or copper at any sampling point is greater than the maximum permissible concentration designated by the cabinet.

(f) Upon its own initiative or in response to a request by a water system or other interested party, the cabinet may modify its determination of the source water treatment under paragraph (b) of this subsection, or maximum permissible lead and copper concentrations for finished water entering the distribution system under paragraph (d) of this subsection.

1. A request for modification by a system or other interested party shall:

a. Be in writing;

b. Explain why the modification is appropriate; and

c. Provide supporting documentation.

2.a. The cabinet may modify its determination if it concludes that a change is necessary to ensure that the system continues to minimize lead and copper concentrations in source water.

b. A revised determination shall:

(i) Be made in writing;

(ii) Set forth the new treatment requirements;

(iii) Explain the basis for the cabinet's decision; and

(iv) Provide an implementation schedule for completing the treatment modifications.

Section 6. Lead Service Line Replacement Requirements. (1) A system that fails to meet the lead action level in tap samples taken pursuant to Section 8(4)(b) of this administrative regulation, after installing corrosion control or source water treatment, whichever sampling is later, shall replace lead service lines in accordance with the requirements of this section. If a system is in violation of Section 3 or 5 of this administrative regulation for failure to install source water or corrosion control treatment, the cabinet may require the system to commence lead service line replacement under this section after the date by which the system was required to conduct monitoring under Section 8(4)(b) of this administrative regulation has passed.

(2) A water system shall replace annually at least seven (7) percent of the initial number of lead service lines in its distribution system. The initial number of lead service lines shall be the number of lead lines in place when 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 owned by the system, based on a materials evaluation, including the evaluation required under Section 8(1) of this administrative regulation and relevant legal authorities, e.g., contracts and local ordinances, regarding the portion owned by the system. The first year of lead service line replacement shall begin on the date the action level was exceeded in tap sampling referenced in subsection (1) of this section.

(3) A system may replace an individual lead service line if the lead concentration in all service line samples from that line, taken pursuant to Section 8(2)(c) of this administrative regulation, is less than or equal to 0.015 mg/l.

(4) A water system shall replace that portion of the lead service line that it owns. If 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 shall replace the portion of the service line that it owns. The system shall also offer to replace the owner’s portion of the line and shall replace the owner's portion if the owner pays for replacement. A system may bear the cost of replacing the privately-owned portion of the line, and may replace the privately-owned portion if the owner chooses not to pay the cost of replacing the privately-owned portion of the line, or if 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 shall complete the following tasks:

(a)1. At least forty-five (45) days before beginning with the partial replacement of a lead service line, the water system shall provide notice to the residents of the 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 may take to minimize their exposure to lead. The cabinet may allow the water system to provide notice under the previous sentence less than forty-five (45) days before beginning partial lead service line replacement, if the replacement is in conjunction with emergency repairs.

2. The water system shall also inform the residents served by the line that the system shall, 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 8(2)(c) of this administrative regulation, within seventy-two (72) hours after the completion of the partial replacement of the service line.

3. The system shall collect the sample and report the results of the analysis to the owner and the 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 results shall be considered to meet this requirement.

(b) The water system shall provide the information required by paragraph (a) of this subsection to the residents of individual dwellings by mail or by other methods approved by the cabinet. If multifamily dwellings are served by the line, the water system may instead post the information at a conspicuous location.

(5) A system shall 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, if a shorter replacement schedule is feasible. The cabinet shall make the feasibility determination and set the replacement schedule in writing and notify the system of its finding within six (6) months after the system is triggered into lead service line replacement based on monitoring referenced in subsection (1) of this section.

(6) A system may cease replacing lead service lines if first draw samples collected pursuant to Section 8(2)(b) of this administrative regulation meet the lead action level during each of two (2) consecutive monitoring periods and the system submits the results to the cabinet. If the first draw tap samples in the water system thereafter exceed the lead action level, the system shall recommence replacing lead service lines pursuant to subsection (2) of this section.

(7) To demonstrate compliance with subsections (1) to (4) of this section, a system shall report to the cabinet the information specified in Section 12(5) of this administrative regulation.

Section 7. Public Education and Supplemental Monitoring Requirements. A water system that exceeds the lead action level, based on tap water samples collected in accordance with Section 8 of this administrative regulation, shall deliver the public education materials contained in subsections (1) and (2) of this section in accordance with the requirements of subsection (3) of this section.

(1) Content of written public education materials.

(a) Community water systems. A community water system shall include the text in subparagraphs 1 to 4 of this paragraph in all of the printed materials it distributes through its lead public education program, subject to the exceptions listed in this paragraph. A system may delete information pertaining to lead service lines, upon approval by the cabinet, if no lead service lines exist in the water system’s service area. Public education language in subparagraph 4b(v) and d(ii) of this paragraph may be modified regarding building permit record availability and consumer access to these records, if approved by the cabinet. A system may also continue to use preprinted materials that meet the public education language requirements in this administrative regulation, as in effect July 27, 1994. Any additional information presented by a system shall be consistent with the information below and be in plain English that can be understood by lay people.

1. Introduction. The United States Environmental Protection Agency (EPA) and {insert name of water supplier} are concerned about lead in your drinking water. Although most homes have very low levels of lead in their drinking water, some homes in the community have lead levels above the EPA action level of fifteen (15) parts per billion (ppb), or 0.015 milligrams of lead per liter of water (mg/l). Under Federal law we are required to have a program in place to minimize lead in your drinking water by {insert date when corrosion control will be completed for your system}. This program includes corrosion control treatment, source water treatment, and public education. We are also required to replace the portion of each lead service line that we own if the line contributes lead concentrations of more than fifteen (15) ppb after we have completed the comprehensive treatment program. If you have any questions about how we are carrying out the requirements of the lead regulation please give us a call at {insert water system's phone number}. This brochure explains the simple steps you can take to protect you and your family by reducing your exposure to lead in drinking water.

2. Health effects of lead. Lead is a common metal found throughout the environment in lead-based paint, air, soil, household dust, food, certain types of pottery porcelain and pewter, and water. Lead can pose a significant risk to your health if too much of it enters your body. Lead builds up in the body over many years and can cause damage to the brain, red blood cells and kidneys. The greatest risk is to young children and pregnant women. Amounts of lead that won't hurt adults can slow down normal mental and physical development of growing bodies. In addition, a child at play often comes into contact with sources of lead contamination - like dirt and dust - that rarely affect an adult. It is important to wash children's hands and toys often, and to try to make sure they only put food in their mouths.

3. Lead in drinking water.

a. Lead in drinking water, although rarely the sole cause of lead poisoning, can significantly increase a person's total lead exposure, particularly the exposure of infants who drink baby formulas and concentrated juices that are mixed with water. The EPA estimates that drinking water can make up twenty (20) percent or more of a person's total exposure to lead.

b. Lead is unusual among drinking water contaminants in that it seldom occurs naturally in water supplies like rivers and lakes. Lead enters drinking water primarily as a result of the corrosion, or wearing away, of materials containing lead in the water distribution system and household plumbing. These materials include lead-based solder used to join copper pipe, brass and chrome plated brass faucets, and in some cases, pipes made of lead that connect your house to the water main (service lines). In 1986, Congress banned the use of lead solder containing greater than two-tenths (0.2) percent lead, and restricted the lead content of faucets, pipes and other plumbing materials to eight and zero-tenths (8.0) percent.

c. When water stands in lead pipes or plumbing systems containing lead for several hours or more, the lead may dissolve into your drinking water. This means the first water drawn from the tap in the morning, or later in the afternoon after returning from work or school, can contain fairly high levels of lead.

4. Steps you can take in the home to reduce exposure to lead in drinking water.

a. Despite our best efforts mentioned earlier to control water corrosivity and remove lead from the water supply, lead levels in some homes or buildings can be high. To find out whether you need to take action in your own home, have your drinking water tested to determine if it contains excessive concentrations of lead. Testing the water is essential because you cannot see, taste, or smell lead in drinking water. Some local laboratories that can provide this service are listed at the end of this booklet. For more information on having your water tested, please call {insert phone number of water system}.

b. If a water test indicates that the drinking water drawn from a tap in your home contains lead above fifteen (15) ppb, then you should take the following precautions:

(i) Let the water run from the tap before using it for drinking or cooking any time the water in a faucet has gone unused for more than six (6) hours. The longer water resides in your home's plumbing the more lead it may contain. Flushing the tap means running the cold water faucet until the water gets noticeably colder, usually about fifteen (15) to thirty (30) seconds. If your house has a lead service line to the water main, you may have to flush the water for a longer time, perhaps one (1) minute, before drinking. Although toilet flushing or showering flushes water through a portion of your home's plumbing system, you still need to flush the water in each faucet before using it for drinking or cooking. Flushing tap water is a simple and inexpensive measure you can take to protect your family's health. It usually uses less than one (1) or two (2) gallons of water and costs less than {insert a cost estimate based on flushing two (2) times a day for thirty (30) days} per month. To conserve water, fill a couple of bottles for drinking water after flushing the tap, and whenever possible use the first flush water to wash the dishes or water the plants. If you live in a high-rise building, letting the water flow before using it may not work to lessen your risk from lead. The plumbing systems have more, and sometimes larger pipes than smaller buildings. Ask your landlord for help in locating the source of the lead and for advice on reducing the lead level.

(ii) Try not to cook with, or drink water from the hot water tap. Hot water can dissolve more lead more quickly than cold water. If you need hot water, draw water from the cold tap and heat it on the stove.

(iii) Remove loose lead solder and debris from the plumbing materials installed in newly constructed homes, or homes in which the plumbing has recently been replaced, by removing the faucet strainers from all taps and running the water from three (3) to five (5) minutes. Thereafter, periodically remove the strainers and flush out any debris that has accumulated over time.

(iv) If your copper pipes are joined with lead solder that has been installed illegally since it was banned in 1986, notify the plumber who did the work and request that he or she replace the lead solder with lead-free solder. Lead solder looks dull gray, and when scratched with a key looks shiny. In addition, notify your Kentucky Department for Environmental Protection about the violation.

(v) Determine whether or not the service line that connects your home or apartment to the water main is made of lead. The best way to determine if your service line is made of lead is by either hiring a licensed plumber to inspect the line or by contacting the plumbing contractor who installed the line. You can identify the plumbing contractor by checking the city's record of building permits which should be maintained in the files of the Kentucky Office of Housing, Building and Construction. A licensed plumber can at the same time check to see if your home's plumbing contains lead solder, lead pipes, or pipe fittings that contain lead. The public water system that delivers water to your home should also maintain records of the materials located in the distribution system. If the service line that connects your dwelling to the water main contributes more than fifteen (15) ppb to drinking water, after our comprehensive treatment program is in place, we are required to replace the portion of the line we own. If the line is only partially owned by the {insert the name of the city, county, or water system that owns the line}, we are required to provide the owner of the privately-owned portion of the line with information on how to replace the privately-owned portion of the service line, and offer to replace that portion of the line at the owner's expense. If we replace only the portion of the line that we own, we also are required to notify you in advance and provide you with information on the steps you can take to minimize exposure to any temporary increase in lead levels that may result from the partial replacement, to take a follow-up sample at our expense from the line within seventy-two (72) hours after the partial replacement, and to mail or otherwise provide you with the results of that sample within three (3) business days of receiving the results. Acceptable replacement alternatives include copper, steel, iron, and plastic pipes.

(vi) Have an electrician check your wiring. If grounding wires from the electrical system are attached to your pipes, corrosion may be greater. Check with a licensed electrician or your local electrical code to determine if your wiring can be grounded elsewhere. DO NOT attempt to change the wiring yourself because improper grounding can cause electrical shock and fire hazards.

c. The steps described above will reduce the lead concentrations in your drinking water. However, if a water test indicates that the drinking water coming from your tap contains lead concentrations in excess of fifteen (15) ppb after flushing, or after we have completed our actions to minimize lead levels, then you may want to take the following additional measures:

(i) Purchase or lease a home treatment device. Home treatment devices are limited in that each unit treats only the water that flows from the faucet to which it is connected, and all of the devices require periodic maintenance and replacement. Devices such as reverse osmosis systems or distillers can effectively remove lead from your drinking water. Some activated carbon filters MAY reduce lead levels at the tap, however all lead reduction claims should be investigated. Be sure to check the actual performance of a specific home treatment device before and after installing the unit.

(ii) Purchase bottled water for drinking and cooking.

d. You can consult a variety of sources for additional information. Your family doctor or pediatrician can perform a blood test for lead and provide you with information about the health effects of lead. State and local government agencies that can be contacted include:

(i) {Insert the name of city or county department of public utilities} at {insert phone number} can provide you with information about your community's water supply, and a list of local laboratories that have been certified by EPA for testing water quality;

(ii) {Insert the name of city or county department that issues building permits} at {insert phone number} can provide you with information about building permit records that should contain the names of plumbing contractors that plumbed your home; and

(iii) The Cabinet for Health and Family Services at (502) 564-3970 or the {insert the name of the city or county health department} at {insert phone number} can provide you with information about the health effects of lead and how you can have your child's blood tested.

e. The following is a list of some state-approved laboratories in your area that you can call to have your water tested for lead. {Insert names and phone numbers of at least two (2) laboratories}.

(b) Nontransient noncommunity water system. A nontransient noncommunity water system shall either include the text specified in paragraph (a) of this subsection or shall include the following text in all of the printed materials it distributes through its lead public education program. A water system may delete information pertaining to lead service lines upon approval by the cabinet if no lead service lines exist in the water system service area. Additional information presented by a system shall be consistent with the information below and be in plain English that can be understood by lay people.

1. Introduction. The United States Environmental Protection Agency (EPA) and {insert name of water supplier} are concerned about lead in your drinking water. Some drinking water samples taken from this facility have lead levels above the EPA action level of fifteen (15) parts per billion (ppb), or 0.015 milligrams of lead per liter of water (mg/L). Under federal law we are required to have a program in place to minimize lead in your drinking water by {insert date when corrosion control will be completed for your system}. This program includes corrosion control treatment, source water treatment, and public education. We are also required to replace the portion of each lead service line that we own if the line contributes lead concentrations of more than fifteen (15) ppb after we have completed the comprehensive treatment program. If you have any questions about how we are carrying out the requirements of the lead regulation please give us a call at {insert water system’s phone number}. This brochure explains the simple steps you can take to protect yourself by reducing your exposure to lead in drinking water.

2. Health effects of lead. Lead is found throughout the environment in lead-based paint, air, soil, household dust, food, certain types of pottery porcelain and pewter, and water. Lead can pose a significant risk to your health if too much of it enters your body. Lead builds up in the body over many years and can cause damage to the brain, red blood cells, and kidneys. The greatest risk is to young children and pregnant women. Amounts of lead that won’t hurt adults can slow down normal mental and physical development of growing bodies. In addition, a child at play often comes into contact with sources of lead contamination -like dirt and dust- that rarely affect an adult. It is important to wash children’s hands and toys often, and to try to make sure they only put food in their mouths.

3. Lead in drinking water.

a. Lead in drinking water, although rarely the sole cause of lead poisoning, can significantly increase a person’s total lead exposure, particularly the exposure of infants who drink baby formulas and concentrated juices that are mixed with water. The EPA estimates that drinking water can make up twenty (20) percent or more of a person’s total exposure to lead.

b. Lead is unusual among drinking water contaminants in that it seldom occurs naturally in water supplies like rivers and lakes. Lead enters drinking water primarily as a result of the corrosion, or wearing away, of materials containing lead in the water distribution system and household plumbing. These materials include lead-based solder used to join copper pipe, brass and chrome-plated brass faucets, and in some cases, pipes made of lead that connect houses and buildings to water mains (service lines). In 1986, Congress banned the use of lead solder containing greater than two-tenths (0.2) percent lead, and restricted the lead content of faucets, pipes, and other plumbing materials to 8.0%.

c. When water stands in lead pipes or plumbing systems containing lead for several hours or more, the lead may dissolve into your drinking water. This means the first water drawn from the tap in the morning, or later in the afternoon if the water has not been used all day, can contain fairly high levels of lead.

4. Steps you can take to reduce exposure to lead in drinking water.

a. Let the water run from the tap before using it for drinking or cooking any time the water in a faucet has gone unused for more than six hours. The longer water resides in plumbing the more lead it may contain. Flushing the tap means running the cold water faucet for about fifteen (15) - thirty (30) seconds. Although toilet flushing or showering flushes water through a portion of the plumbing system, you still need to flush the water in each faucet before using it for drinking or cooking. Flushing tap water is a simple and inexpensive measure you can take to protect your health. It usually uses less than one gallon of water.

b. Do not cook with, or drink water from the hot water tap. Hot water can dissolve more lead more quickly than cold water. If you need hot water, draw water from the cold tap and then heat it.

c. The steps described above will reduce the lead concentrations in your drinking water. However, if you are still concerned, you may wish to use bottled water for drinking and cooking.

(i) {Insert the name or title of facility official if appropriate} at {insert phone number} can provide you with information about your facility’s water supply; and

(ii) {Insert the name or title of the Cabinet for Health and Family Services} at {insert phone number} or the {insert the name of the city or county health department} at {insert phone number} can provide you with information about the health effects of lead.

(2) Content of broadcast materials. A water system shall include the following information in all public service announcements submitted under its lead public education program to television and radio stations for broadcasting:

(a) Why should everyone want to know the facts about lead and drinking water? Because unhealthy amounts of lead can enter drinking water through the plumbing in your home. That's why I urge you to do what I did. I had my water tested for {insert free or $ per sample}. You can contact the {insert the name of the city or water system} for information on testing and on simple ways to reduce your exposure to lead in drinking water.

(b) To have your water tested for lead, or to get more information about this public health concern, please call {insert the phone number of the city or water system}.

(3) Delivery of a public education program.

(a) In communities where a significant proportion of the population speaks a language other than English, public education materials shall be communicated in the appropriate languages.

(b) A community water system that exceeds the lead action level on the basis of tap water samples collected in accordance with Section 8 of this administrative regulation and that is not already repeating public education tasks pursuant to paragraph (c), (g), or (h) of this subsection shall, within sixty (60) days of exceeding the action level:

1.a. Insert notices in each customer's water utility bill containing the information in subsection (1)(a) of this section, along with the following alert on the water bill itself in large print: "SOME HOMES IN THIS COMMUNITY HAVE ELEVATED LEAD LEVELS IN THEIR DRINKING WATER. LEAD CAN POSE A SIGNIFICANT RISK TO YOUR HEALTH. PLEASE READ THE ENCLOSED NOTICE FOR FURTHER INFORMATION."

b. A community water system having a billing cycle that does not include a billing within sixty (60) days of exceeding the action level, or that is not able to insert information in the water utility bill without making major changes to its billing system, may use a separate mailing to deliver the information in subsection (1)(a) of this section, if the information is delivered to each customer within sixty (60) days of exceeding the action level. The water system shall also include the "alert" language specified in clause a of this subparagraph.

2. Submit the information in subsection (1)(a) of this section to the editorial departments of the major daily and weekly newspapers circulated throughout the community.

3. Deliver pamphlets or brochures that contain the public education materials in subsection (1)(a)2 and 4 of this section to facilities and organizations, including the following:

a. Public schools or local school boards;

b. City or county health department;

c. Women, infants, and children and head start programs whenever available;

d. Public and private hospitals and clinics;

e. Pediatricians;

f. Family planning clinics; and

g. Local welfare agencies.

4. Submit the public service announcement in subsection (2) of this section to at least five (5) of the radio and television stations with the largest audiences that broadcast to the community served by the water system.

(c) A community water system shall repeat the tasks contained in paragraph (b)1, 2, and 3 of this subsection every twelve (12) months, and the tasks contained in paragraph (b)4 of this subsection every six (6) months for as long as the system exceeds the lead action level.

(d) Within sixty (60) days after it exceeds the lead action level, unless it already is repeating public education tasks pursuant to paragraph (e) of this subsection, a nontransient noncommunity water system shall deliver the public education materials specified by subsection (1)(a) of this section or the public education material specified by subsection (1)(b) of this section as follows:

1. Post informational posters on lead in drinking water in a public place or common area in each of the buildings served by the system; and

2. Distribute informational pamphlets or brochures on lead in drinking water to each person served by the nontransient noncommunity water system. The system may use electronic transmittal instead of or combined with printed material, if it achieves at least the same coverage.

(e) A nontransient noncommunity water system shall repeat the tasks contained in paragraph (d) of this subsection at least once during each calendar year in which the system exceeds the lead action level.

(f) A water system may discontinue delivery of public education materials if the system has met the lead action level during the most recent six (6) month monitoring period conducted pursuant to Section 8 of this administrative regulation. The system shall recommence public education in accordance with this section if it subsequently exceeds the lead action level during any monitoring period.

(g) A community water system may apply to the cabinet, in writing, to use the text specified in subsection (1)(b) of this section instead of the text in subsection (1)(a) of this section and to perform the tasks listed in paragraphs (d) and (e) of this subsection instead of the tasks in paragraphs (b) and (c) of this subsection if:

1. The system is a facility, such as a prison or a hospital, where the population served is not capable of or is prevented from making improvements to plumbing or installing point of use treatment devices; and

2. The system provides water as part of the cost of services provided and does not separately charge for water consumption.

(h)1. A community water system that serves 3,300 or fewer people may omit the task contained in paragraph (b)4 of this subsection. If it distributes notices containing the information contained in subsection (1)(a) of this section to every household served by the system, the system may further limit its public education program as follows:

a. A system that serves 500 or fewer people may forego the task contained in paragraph (b)2 of this subsection. The system may limit the distribution of the public education material required under paragraph (b)3 of this subsection to facilities and organizations served by the system that are most likely to be visited regularly by pregnant women and children, unless it is notified by the cabinet in writing that it shall make a broader distribution.

b. If approved by the cabinet in writing, a system that serves 501 to 3,300 people may omit the task in paragraph (b)2 of this subsection or limit the distribution of the public education material required under paragraph (b)3 of this subsection to facilities and organizations served by the system that are most likely to be visited regularly by pregnant women and children.

2. A community water system that serves 3,300 or fewer people that delivers public education in accordance with subparagraph 1 of this paragraph shall repeat the required public education tasks at least once during each calendar year in which the system exceeds the lead action level.

(4) Supplemental monitoring and notification of results. A water system that fails to meet the lead action level on the basis of tap samples collected in accordance with Section 8 of this administrative regulation shall offer to sample or have sampled the tap water of any customer who requests it. The system may pay for collecting or analyzing the sample, and the system may collect and analyze the sample itself.

Section 8. Monitoring Requirements for Lead and Copper in Tap Water. (1) Sample site location.

(a) By the applicable date for commencement of monitoring under subsection (4)(a) of this section, each water system shall complete a materials evaluation of its distribution system to identify a pool of targeted sampling sites that meets the requirements of this section, and which is sufficiently large to ensure that the water system is able to collect the number of lead and copper tap samples required in subsection (3) of this section. All sites from which first-draw samples are collected shall be selected from this pool of targeted sampling sites. A sampling site shall not include faucets that have point-of-use or point-of-entry treatment devices designed to remove inorganic contaminants.

(b) A water system shall use the information on lead, copper, and galvanized steel that it shall collect under 401 KAR 8:350, Section 1 if conducting a materials evaluation. If an evaluation of the information collected pursuant to 401 KAR 8:350 is insufficient to locate the requisite number of lead and copper sampling sites that meet the targeting criteria in this subsection, the water system shall review the sources of information listed in subparagraphs 1 through 3 of this paragraph below to identify a sufficient number of sampling sites. In addition, the system shall seek to collect the information listed in subparagraphs 1 through 3 of this paragraph if possible in the course of its normal operations, for instance, checking service line materials when reading water meters or performing maintenance activities.

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

2. 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; and

3. 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.

1. The sampling sites selected for a community water system's sampling pool, "Tier 1 sampling sites", shall consist of single family structures that:

a. Contain copper pipes with lead solder installed after 1982 or contain lead pipes; or

b. Are served by a lead service line.

2. If multiple-family residences comprise at least twenty (20) percent of the structures served by a water system, the system may include these types of structures in its sampling pool.

(d) Tier 2 sampling sites. A community water system with insufficient Tier 1 sampling sites shall complete its sampling pool with Tier 2 sampling sites, consisting of buildings, including multiple-family residences that:

1. Contain copper pipes with lead solder installed after 1982 or contain lead pipes; or

2. Are served by a lead service line.

(e)1. Tier 3 sampling sites. A community water system with insufficient Tier 1 and Tier 2 sampling sites shall complete its sampling pool with "Tier 3 sampling sites", consisting of single family structures that contain copper pipes with lead solder installed before 1983.

2. Other sampling sites. A community water system with insufficient Tier 1, Tier 2, and Tier 3 sampling sites shall complete its sampling pool with representative sites throughout the distribution system. For the purpose of this subparagraph, a representative site shall be a site in which the plumbing material used at that site would be commonly found at other sites served by the water system.

(f) The Tier 1 sampling sites selected for a nontransient noncommunity water system shall consist of buildings that:

1. Contain copper pipes with lead solder installed after 1982 or contain lead pipes; or

2. Are served by a lead service line.

(g)1. A nontransient noncommunity water system with insufficient Tier 1 sites that meet the targeting criteria in paragraph (f) of this subsection shall complete its sampling pool with sampling sites that contain copper pipes with lead solder installed before 1983.

2. If additional sites are needed to complete the sampling pool, the nontransient noncommunity water system shall use representative sites throughout the distribution system. For the purpose of this subparagraph, a representative site shall be a site in which the plumbing materials used at that site would be commonly found at other sites served by the water system.

(h) A water system whose distribution system contains lead service lines shall draw fifty (50) percent of the samples it collects during each monitoring period from sites that contain lead pipes, or copper pipes with lead solder, and fifty (50) percent of the samples from sites served by a lead service line. A water system that is not able to 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.

(2) Sample collection methods.

(a) All tap samples for lead and copper collected in accordance with this administrative regulation, with the exception of lead service line samples collected under Section 6(3) of this administrative regulation and samples collected under paragraph (e) of this subsection, shall be first-draw samples.

(b)1. Each first-draw tap sample for lead and copper shall be one (1) liter in volume and shall have stood motionless in the plumbing system of each sampling site for at least six (6) hours.

2. A first-draw sample from residential housing shall be collected from the cold-water kitchen tap or bathroom sink tap.

3. A first-draw sample from a nonresidential building shall be one (1) liter in volume and shall be collected at an interior tap from which water is typically drawn for consumption.

4. A nonfirst draw sample collected instead of a first draw sample pursuant to paragraph (e) of this subsection shall be one (1) liter in volume and shall be collected at an interior tap from which water is typically drawn for consumption.

5. A first-draw sample may be collected by the system or the system may allow residents to collect a first-draw sample after instructing the residents of the sampling procedures specified in this paragraph.

6. Acidification of a first-draw sample may be done up to fourteen (14) days after the sample is collected. After acidification to resolubilize the metals, the sample shall stand in the original container for the time specified in the approved EPA method before the sample is analyzed.

7. 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.

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

1. 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;

2. Tapping directly into the lead service line; or

3. 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 which would be indicative of water that has been standing in the lead service line.

(d) A water system shall collect each first-draw tap sample from the same sampling site from which it collected a previous sample. If the water system is not able to gain entry to a sampling site to collect a follow-up tap sample, the system may collect the follow-up tap sample from another sampling site in its sampling pool if the new site meets the same targeting criteria, and is within reasonable proximity of the original site.

(e) A nontransient noncommunity water system, or a community water system that meets the criteria of Section 7(3)(g) of this administrative regulation, that does not have enough taps that are able to supply first draw samples, may apply to the cabinet in writing to substitute nonfirst draw samples. These systems shall collect as many first draw samples from appropriate taps as possible and identify sampling times and locations that would likely result in the longest standing time for the remaining sites.

(3) Number of samples. A water system shall collect at least