Section R. 325.10710a - Lead and copper in tap water; monitoring requirementsRule 710a.
(1) Sample site location provisions for lead and copper monitoring in tap water of community and nontransient noncommunity water supplies are as follows: (a) By the applicable date for the commencement of monitoring under subrule (4)(a) of this rule, each water supply shall complete a materials evaluation of its distribution system to identify a pool of targeted sampling sites that is in compliance with the requirements of this rule. The water supply shall also use the results of its distribution system materials inventory required under R 325.11604(c) to update the sampling pool as necessary. All sites from which samples are collected shall be selected from the pool of targeted sampling sites. Sampling sites shall not include faucets that have point of use or point of entry treatment devices designed to remove inorganic contaminants. By January 1, 2020, and in a form and manner specified by the department, a supply shall submit to the department a lead and copper tap sampling pool as follows: (i) The sampling pool shall, at a minimum, identify sufficient sites to ensure the water supply can collect the number of tap samples required for standard monitoring under subrule (3) of this rule.(ii) The sampling pool shall identify the location of the sites and describe how each site meets selection criteria in this subrule.(iii) A water supply may update its sampling pool as necessary to ensure the pool contains high risk sites meeting tier criteria. A supply shall submit updates to the department. Updates shall identify any site removed from the sampling pool and why the site was removed. The sampling pool shall identify the location of any site added to the pool and describe how the site meets selection criteria.(b) A water supply shall use the information on lead, copper, and galvanized steel that it is required to collect under 40 C.F.R. § 141.42(d), (Special Monitoring for Corrosivity Characteristics) when conducting a materials evaluation. When an evaluation of the information collected under 40 C.F.R. § 141.42(d), is insufficient to locate the requisite number of lead and copper sampling sites that are in compliance with the targeting criteria in this subrule, the water supply shall review the sources of information listed in paragraphs (i) to (iii) of this subdivision to identify a sufficient number of sampling sites. The provisions of 40 C.F.R. § 141.42(d) are adopted by reference in R 325.10112. In addition, the supply shall collect all of the following information, where possible, in the course of its normal operations, for example, checking service line materials when reading water meters or performing maintenance activities: (i) All plumbing codes, permits, and records in the files of the building department or departments that indicate the plumbing materials installed within publicly and privately owned structures connected to the distribution system.(ii) All inspections and records of the distribution system that indicate the material composition of the service connections connecting a structure to the distribution system.(iii) All existing water quality information, which includes the results of all prior analyses of the system or individual structures connected to the system, that indicates locations which may be particularly susceptible to high lead or copper concentrations.(c) The sampling sites selected for a community water supply's sampling pool (tier 1 sampling sites) shall consist of single family structures to which either or both of the following provisions apply, giving priority to sites with higher potential risk for lead exposure:(i) The structures contain lead pipes.(ii) The structures are served by a lead service line. When multiple family residences comprise not less than 20% of the structures served by a water supply, the supply may include these types of structures in its sampling pool.(d) A community water supply that has insufficient tier 1 sampling sites shall complete its sampling pool with tier 2 sampling sites, that consist of buildings, including multiple family residences to which either or both of the following provisions apply, giving priority to sites with higher potential risk for lead exposure: (i) The structures contain lead pipes.(ii) The structures are served by a lead service line.(e) A community water supply that has insufficient tier 1 and tier 2 sampling sites shall complete its sampling pool with tier 3 sampling sites, that consist of single family structures containing copper pipes soldered with lead and installed before July 1988. A community water supply with insufficient tier 1, tier 2, and tier 3 sampling sites shall complete its sampling pool with representative sites throughout the distribution system. For purposes of this subrule, a representative site is a site in which the plumbing materials used at that site would be commonly found at other sites served by the system.(f) The sampling sites selected for a nontransient, noncommunity water supply (tier 1 sampling sites) shall consist of buildings to which either or both of the following provisions apply, giving priority to sites with higher potential risk for lead exposure: (i) The structures contain lead pipes.(ii) The structures are served by a lead service line.(g) A nontransient, noncommunity water supply that has insufficient tier 1 sites shall complete its sampling pool with sampling sites containing copper pipes soldered with lead and installed before July 1988. If additional sites are needed to complete the sampling pool, the nontransient noncommunity water supply shall use representative sites throughout the distribution system. For purposes of this subrule, a representative site is a site in which the plumbing materials used at that site would be commonly found at other sites served by the system.(2) Sample collection methods provisions for lead and copper monitoring in tap water are as follows: (a) Sample collection methods at sites without lead service lines are as follows:(i) All tap samples for lead and copper collected in compliance with this subrule, with the exception of samples collected under subdivision (d) of this subrule, shall be first draw samples. Sites shall not have undergone systematic flushing and the tap aerator shall not have been removed or cleaned in anticipation of sampling efforts conducted under this subrule.(ii) Each first draw tap sample for lead and copper shall be collected in a wide-mouth bottle 1 liter in volume and have stood motionless in the plumbing system of each sampling site for not less than 6 hours. First draw samples from residential housing shall be collected from the cold water kitchen tap or bathroom sink tap. First draw samples from a nonresidential building shall be collected in a wide-mouth bottle 1 liter in volume and shall be collected at an interior tap from which water is typically drawn for consumption. Non-first draw samples collected instead of first draw samples under subdivision (d) of this subrule shall be collected in a wide-mouth bottle 1 liter in volume and shall be collected at an interior tap from which water is typically drawn for consumption. First draw samples may be collected by the supply or the supply may allow residents to collect first draw samples after instructing the residents about the sampling procedures specified in this subdivision. To avoid problems of residents handling nitric acid, acidification of first draw samples may be done up to 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 can be analyzed. If a supply allows residents to perform sampling, the supply shall not challenge the accuracy of the sampling results based on alleged errors in sample collection.(b) Sample collection methods at sites served by lead service lines are as follows:(i) All tap samples for lead and copper collected in compliance with this subrule shall consist of a first draw sample followed by a second sample collected at the same tap as follows:(A) Samples from residential housing shall be collected from the cold water kitchen tap or bathroom sink tap. Samples from a nonresidential building shall be collected at an interior tap from which water is typically drawn for consumption. Sites shall not have undergone systematic flushing and the tap aerator shall not have been removed or cleaned in anticipation of sampling efforts conducted under this subrule.(B) Each first draw tap sample for lead and copper shall be collected in a wide-mouth bottle 1 liter in volume and have stood motionless in the plumbing system of each sampling site for not less than 6 hours.(C) Following the first draw 1 liter sample, a second sample shall be collected immediately after 3 more liters of water have been drawn through the tap. The second sample shall be collected in a wide-mouth bottle 1 liter in volume.(ii) Samples may be collected by the supply or the supply may allow residents to collect samples after instructing the residents about the sampling procedures specified in this subdivision. To avoid problems of residents handling nitric acid, acidification of samples may be done up to 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 can be analyzed. If a supply allows residents to perform sampling, the supply shall not challenge the accuracy of the sampling results based on alleged errors in sample collection.(c) A water supply shall collect each tap sample from the same sampling site from which it collected a previous sample. If, for any reason, the water supply cannot gain entry to a sampling site to collect a tap sample, the supply may collect the tap sample from another sampling site in its sampling pool.(d) A nontransient noncommunity water supply, or a community water supply that meets the criteria of R 325.10410(3)(g), that does not have enough taps that can supply first draw samples, as defined in R 325.10105, may apply to the department, in writing, to substitute non-first draw samples. The supply 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. The department has the discretion to waive the requirement for prior department approval of non-first draw sample sites selected by the supply, either through department regulation or written notification to the supply.(3) Water supplies shall collect at least 1 sample, or 2 samples if subject to subrule (2)(b) of this rule, during each monitoring period specified in subrule (4) of this rule from the number of sites listed in the standard monitoring column under this subrule. A supply that conducts reduced monitoring under subrule (4)(d) of this rule shall collect at least 1 sample, or 2 samples if subject to subrule (2)(b) of this rule, from the number of sites specified in the reduced monitoring column under this subrule during each monitoring period specified in subrule (4)(d) of this rule. The reduced monitoring sites shall be representative of the sites required for standard monitoring. A public water supply that has fewer than 5 drinking water taps, that can be used for human consumption meeting the sample site criteria of subrule (1) of this rule to reach the required number of sample sites listed in this subrule, shall collect at least 1 sample from each tap and then shall collect additional samples from those taps on different days during the monitoring period to meet the required number of sites. Alternatively, the department may allow these public water supplies to collect a number of samples less than the number of sites specified in this rule, provided that 100% of all taps that can be used for human consumption are sampled. The department shall approve this reduction of the minimum number of samples in writing based on a request from the supply or onsite verification by the department. The department may specify sampling locations when a water supply is conducting reduced monitoring. Supply Size (Number of People Served) | Number of Sites (Standard Monitoring) | Number of Sites (Reduced Monitoring) |
More than 100,000 | 100 | 50 |
10,001 to 100,000 | 60 | 30 |
3,301 to 10,000 | 40 | 20 |
501 to 3,300 | 20 | 10 |
101 to 500 | 10 | 5 |
Fewer than 101 | 5 | 5 |
(4) Provisions for the timing of monitoring for lead and copper in tap water are as follows: (a) The first 6-month monitoring period for small, medium size, and large water supplies shall begin on the following dates: Supply Size (Number of People Served) | First 6-Month Monitoring Period Begins On |
More than 50,000 | January 1, 1992 |
3,301 to 50,000 | July 1, 1992 |
Fewer than 3,301 | July 1, 1993 |
All large water supplies shall be monitored during 2 consecutive 6-month periods. All small and medium size water supplies shall be monitored during each 6-month monitoring period until either of the following occurs:
(i) The supply exceeds the lead or copper action level and is therefore required to implement the corrosion control treatment under R 325.10604f(2), in which case the supply shall continue monitoring under subdivision (b) of this subrule.(ii) The supply is in compliance with the lead and copper action levels during 2 consecutive 6-month monitoring periods, in which case the supply may reduce monitoring under subdivision (d) of this subrule.(b) Monitoring provisions after the installation of corrosion control and source water treatment are as follows: (i) A large water supply that installs optimal corrosion control treatment under R 325.10604f(2)(d)(iii) shall monitor during 2 consecutive 6-month monitoring periods by the date specified in R 325.10604f(2)(d)(iv).(ii) A small or medium size water supply that installs optimal corrosion control treatment under R 325.10604f(2)(e)(iv) shall monitor during 2 consecutive 6-month monitoring periods by the date specified in R 325.10604f(2)(e)(v).(iii) A supply that installs source water treatment under R 325.10604f(4)(a)(ii) shall monitor during 2 consecutive 6-month monitoring periods by the date specified in R 325.10604f(4)(a)(iii).(c) After the department specifies the values for water quality control parameters, the supply shall monitor during each subsequent 6-month monitoring period, with the first monitoring period to begin on the date the department specifies the optimal values.(d) Reduced monitoring provisions are as follows:(i) A small or medium size water supply that is in compliance with the lead and copper action levels during each of 2 consecutive 6-month monitoring periods may reduce the number of samples under subrule (3) of this rule and may reduce the frequency of sampling to once each year. A small or medium size water supply collecting fewer than 5 samples as specified in subrule (3) of this rule, that meets the lead and copper action levels during each of 2 consecutive 6-month monitoring periods may reduce the frequency of sampling to once per year. In no case can the supply reduce the number of samples required below the minimum of 1 sample per available tap. This sampling shall begin during the calendar year immediately following the end of the second consecutive 6-month monitoring period.(ii) A water supply that meets the lead and copper action levels and maintains the range of values for the water quality control parameters reflecting optimal corrosion control treatment specified by the department under R 325.10604f(3)(f) during each of 2 consecutive 6-month monitoring periods may reduce the frequency of monitoring to once each year and reduce the number of lead and copper samples under subrule (3) of this rule if it receives written approval from the department. This sampling shall begin during the calendar year immediately following the end of the second consecutive 6-month monitoring period. The department shall review monitoring, treatment, and other relevant information submitted by the water supply under R 325.10710d, and shall notify the supply in writing when it determines the supply is eligible to commence reduced monitoring under this subrule. The department shall review, and where appropriate, revise its determination when the supply submits new monitoring or treatment data, or when other data relevant to the number and frequency of tap sampling becomes available.(iii) A small or medium size water supply without optimal corrosion control treatment installed and that is in compliance with the lead and copper action levels during 3 consecutive years of monitoring may reduce the frequency of monitoring for lead and copper from annually to once every 3 years. A small or medium size water supply without optimal corrosion control treatment installed and collecting fewer than 5 samples as specified in subrule (3) of this rule, that meets the lead and copper action levels during 3 consecutive years of monitoring may reduce the frequency of sampling to once every 3 years. A water supply with optimal corrosion control treatment installed may reduce the frequency of monitoring for lead and copper at the tap from annually to once every 3 years if the range of values for the water quality control parameters reflecting optimal corrosion control treatment specified by the department under R 325.10604f(3)(f) are maintained during 3 consecutive years of monitoring and either of the following apply: the water supply has no lead service lines or the lead ninetieth percentile computed under R 325.10604f(1)(c) is less than or equal to 0.005 mg/l and the copper ninetieth percentile computed under R 325.10604f(1)(c) is less than or equal to 0.65 mg/l for 3 consecutive years of monitoring. Samples collected once every 3 years shall be collected not later than every third calendar year. The department shall review monitoring, treatment, and other relevant information submitted by the supply under R 325.10710d, and shall notify the supply in writing when it determines the supply is eligible to reduce the frequency of monitoring to once every 3 years. The department shall review, and where appropriate, revise its determination when the supply submits new monitoring or treatment data, or when other data relevant to the number and frequency of tap sampling becomes available.(iv) A water supply that reduces the number and frequency of sampling shall collect these samples from representative sites included in the pool of targeted sampling sites identified in subrule (1) of this rule. A water supply that samples annually or less frequently shall conduct the lead and copper tap sampling during the month of June, July, August, or September unless the department has approved a different sampling period under subparagraph (A) of this paragraph, as follows: (A) The department, at its discretion, may approve a different period for conducting the lead and copper tap sampling for supplies collecting a reduced number of samples. The period shall be not longer than 4 consecutive months and shall represent a time of normal operation where the highest levels of lead are most likely to occur. For a nontransient noncommunity water supply that does not operate during the months of June through September, and for which the period of normal operation where the highest levels of lead are most likely to occur is not known, the department shall designate a period that represents a time of normal operation for the water supply. This sampling shall begin during the period approved or designated by the department in the calendar year immediately following the end of the second consecutive 6-month monitoring period for supplies initiating annual monitoring and during the 3-year period following the end of the third consecutive calendar year of annual monitoring for supplies initiating triennial monitoring.(B) Supplies monitoring annually that have been collecting samples during the months of June through September and that received department approval to alter their sample collection period under subparagraph (A) of this paragraph, shall collect their next round of samples during a time period that ends not later than 21 months after the previous round of sampling. Supplies monitoring triennially that have been collecting samples during the months of June through September, and receive department approval to alter the sampling collection period under subparagraph (A) of this paragraph, shall collect their next round of samples during a time period that ends not later than 45 months after the previous round of sampling. Subsequent rounds of sampling shall be collected annually or triennially, as required by this subrule. Small water supplies with waivers, granted under subrule (7) of this rule, that have been collecting samples during the months of June through September and that received department approval to alter their sample collection period under subparagraph (A) of this paragraph shall collect their next round of samples before the end of the 9-year cycle.(v) A water supply without corrosion control treatment installed that demonstrates for 2 consecutive 6-month monitoring periods that the tap water lead level computed under R 325.10604f(1)(c) is less than or equal to 0.005 mg/l and the tap water copper level computed under R 325.10604f(1)(c) is less than or equal to 0.65 mg/l may reduce the number of samples under subrule (3) of this rule and reduce the frequency of sampling to once every 3 calendar years.(vi) The following provisions apply to supplies subject to reduced monitoring: (A) A small or medium size water supply subject to reduced monitoring that exceeds the lead or copper action level shall resume sampling under subdivision (c) of this subrule and shall collect the number of samples specified for the standard monitoring under subrule (3) of this rule. The supply shall also conduct water quality parameter monitoring under R 325.10710b(4), (5), or (6), as appropriate, during the monitoring period in which it exceeded the action level. The supply may resume annual monitoring for lead and copper at the tap at the reduced number of sites specified in subrule (3) of this rule after it has completed 2 subsequent consecutive 6-month rounds of monitoring that meet the criteria of paragraph (i) of this subdivision or may resume triennial monitoring for lead and copper at the reduced number of sites after it demonstrates through subsequent rounds of monitoring that it meets the criteria of either paragraph (iii) or (v) of this subdivision.(B) A water supply subject to the reduced monitoring frequency that fails to meet the lead action level during a 4-month monitoring period or that fails to operate at or above the minimum value or within the range of values for the water quality parameters specified by the department under R 325.10604f(3)(f) for more than 9 days in a 6-month period specified in R 325.10710b(6) shall conduct tap water sampling for lead and copper at the frequency specified in subdivision (c) of this subrule, collect the number of samples specified for standard monitoring under subrule (3) of this rule, and shall resume monitoring for water quality parameters within the distribution system under R 325.10710b(6). This standard tap water sampling shall begin not later than the 6-month period beginning January 1 of the calendar year following the lead action level exceedance or water quality parameter excursion. The supply may resume reduced monitoring for lead and copper at the tap and for water quality parameters within the distribution system under the following conditions: (1) The supply may resume annual monitoring for lead and copper at the tap at the reduced number of sites specified in subrule (3) of this rule after it has completed 2 subsequent 6-month rounds of monitoring that meet the criteria of paragraph (ii) of this subdivision and the supply has received written approval from the department to resume reduced monitoring on an annual frequency. This sampling shall begin during the calendar year immediately following the end of the second consecutive 6-month monitoring period.(2) The supply may resume triennial monitoring for lead and copper at the tap at the reduced number of sites after it demonstrates through subsequent rounds of monitoring that it meets the criteria of either paragraph (iii) or (v) of this subdivision and the supply has received written approval from the department to resume triennial monitoring.(3) The supply may reduce the number of water quality parameter tap water samples required under R 325.10710b(7)(a) and the frequency with which it collects the samples under R 325.10710b(7)(b). The supply may not resume triennial monitoring for water quality parameters at the tap until it demonstrates, under the requirements of R 325.10710b(7)(b), that it has requalified for triennial monitoring.(vii) A water supply subject to a reduced monitoring frequency under subdivision (d) of this subrule shall notify the department in writing under R 325.10710d(a)(iii) of any upcoming long-term change in treatment or addition of a new source as described in that rule. The department shall review and approve the addition of a new source or long-term change in water treatment before it is implemented by the water supply. The department may require the supply to resume sampling under subdivision (c) of this subrule and collect the number of samples specified for standard monitoring under subrule (3) of this rule or take other appropriate steps such as increased water quality parameter monitoring or reevaluation of its corrosion control treatment given the potentially different water quality considerations.(5) The results of monitoring conducted in addition to the minimum requirements of this rule shall be considered in calculating the ninetieth percentile lead or copper level.(6) A sample invalidated under this subrule does not count toward determining lead or copper ninetieth percentile levels under R 325.10604f(1)(c) or toward meeting the minimum monitoring requirements of subrule (3) of this rule. All of the following provisions apply to invalidating samples: (a) The department may invalidate a lead or copper tap water sample if at least 1 of the following conditions is met: (i) The laboratory establishes that improper sample analysis caused erroneous results.(ii) The department determines that the sample was taken from a site that did not meet the site selection criteria of this rule.(iii) The sample container was damaged in transit.(iv) There is substantial reason to believe that the sample was subject to tampering.(b) The supply shall report the results of all samples to the department and all supporting documentation for samples the supply believes should be invalidated.(c) To invalidate a sample under subdivision (a) of this subrule, the decision and the rationale for the decision shall be documented in writing. The department may not invalidate a sample solely on the grounds that a follow-up sample result is higher or lower than that of the original sample.(d) The water supply shall collect replacement samples for the samples invalidated under this rule if, after the invalidation of 1 or more samples, the supply has too few samples to meet the minimum requirements of subrule (3) of this rule. The replacement samples shall be taken as soon as possible, but not later than 20 days after the date the department invalidates the sample or by the end of the applicable monitoring period, whichever occurs later. Replacement samples taken after the end of the applicable monitoring period shall not also be used to meet the monitoring requirements of a subsequent monitoring period. The replacement samples shall be taken at the same locations as the invalidated samples or, if that is not possible, at locations other than those already used for sampling during the monitoring period.(7) A small water supply that meets the criteria of this subrule may apply to the department to reduce the frequency of monitoring for lead and copper under this rule to once every 9 years, that is, a "full waiver", if it meets all of the materials criteria specified in subdivision (a) of this subrule and all of the monitoring criteria specified in subdivision (b) of this subrule. If a small water supply meets the criteria in subdivisions (a) and (b) of this subrule only for lead, or only for copper, the supply may apply to the department for a waiver to reduce the frequency of tap water monitoring to once every 9 years for that contaminant only, that is, a "partial waiver". All of the following apply: (a) The supply shall demonstrate that its distribution system and service lines and all drinking water system plumbing, including plumbing conveying drinking water within all residences and buildings connected to the system, are free of lead containing materials or copper containing materials, or both, as those terms are defined in this subdivision, as follows:(i) To qualify for a full waiver, or a waiver of the tap water monitoring requirements for lead, that is, a "lead waiver", the water supply shall provide certification and supporting documentation to the department that the supply is free of all lead containing materials and that the supply complies with both of the provisions in this paragraph. Both of the following apply:(A) It does not contain plastic pipes that contain lead plasticizers or plastic service lines that contain lead plasticizers.(B) It is free of lead service lines, lead pipes, lead soldered pipe joints, and leaded brass or bronze alloy fittings and fixtures, unless the fittings and fixtures meet the specifications of standards established under "Prohibition on Use of Lead Pipes, Solder, and Flux: Plumbing Fittings and Fixtures" 42 U.S.C. 300G-6(e), (2006), which is available on the Internet at http://www.law.cornell.edu/uscode/text/42/300g-6.(ii) To qualify for a full waiver, or a waiver of the tap water monitoring requirements for copper, that is, a "copper waiver", the water supply shall provide certification and supporting documentation to the department that the supply does not contain copper pipes or copper service lines.(b) The supply shall have completed at least one 6-month round of standard tap water monitoring for lead and copper at sites approved by the department and from the number of sites required by subrule (3) of this rule and demonstrate that the ninetieth percentile levels for all rounds of monitoring conducted since the supply became free of all lead containing or copper containing materials, or both, as appropriate, meet the following criteria: (i) To qualify for a full waiver or a lead waiver, the supply shall demonstrate that the ninetieth percentile lead level does not exceed 0.005 mg/l.(ii) To qualify for a full waiver or a copper waiver, the supply shall demonstrate that the ninetieth percentile copper level does not exceed 0.65 mg/l.(c) The department shall notify the supply of its waiver determination, in writing setting forth the basis of its decision and any condition of the waiver. As a condition of the waiver, the department may require the supply to perform specific activities, for example, limited monitoring, periodic outreach to customers to remind them to avoid installation of materials that might void the waiver, to avoid the risk of lead or copper concentration of concern in tap water. The small supply shall continue monitoring for lead and copper at the tap as required by subdivisions (a) to (d) of this subrule, as appropriate, until it receives written notification from the department that the waiver has been approved.(d) Monitoring frequencies for supplies with waivers are as follows:(i) A supply with a full waiver shall conduct tap water monitoring for lead and copper under subrule (4)(d)(iv) of this rule at the reduced number of sampling sites identified in subrule (3) of this rule at least once every 9 years and provide the materials certification specified in subdivision (a) of this subrule for both lead and copper to the department along with the monitoring results. Samples collected every 9 years shall be collected not later than every ninth calendar year.(ii) A supply with a partial waiver shall conduct tap water monitoring for the waived contaminant under subrule (4)(d)(iv) of this rule at the reduced number of sampling sites specified in subrule (3) of this rule at least once every 9 years and provide the materials certification specified in subdivision (a) of this subrule pertaining to the waived contaminant along with the monitoring results. Samples collected every 9 years for the waived contaminant shall be collected not later than every ninth calendar year. The supply also shall continue to monitor for the non-waived contaminant under requirements of subrule (4)(a) to (d) of this rule, as appropriate.(iii) A water supply with a full or partial waiver shall notify the department, in writing, under R 325.10710d(a)(iii) of an upcoming long-term change in treatment or addition of a new source, as described in that rule. The department shall review and approve the addition of a new source or long-term change in water treatment before it is implemented by the water supply. The department has the authority to require the water supply to add or modify waiver conditions, for example, require recertification that the system is free of lead containing or copper containing materials, or both, require additional round or rounds of monitoring, if it considers the modifications are necessary to address treatment or source water changes at the water supply.(iv) If a water supply with a full or partial waiver becomes aware that it is no longer free of lead containing or copper containing materials, as appropriate, for example, as a result of new construction or repairs, the supply shall notify the department, in writing, not later than 60 days after becoming aware of the change.(e) If the supply continues to satisfy the requirements of subdivision (d) of this subrule, the waiver will be renewed automatically, unless a condition listed in paragraphs (i) to (iii) of this subdivision occurs. A supply whose waiver has been revoked may reapply for a waiver if it again meets the appropriate materials and monitoring criteria of subdivisions (a) and (b) of this subrule. The waiver is revoked if any of the following conditions exist: (i) A supply with a full waiver or a lead waiver no longer satisfies the materials criteria of subdivision (a)(i) of this subrule or has a ninetieth percentile lead level of more than 0.005 mg/l.(ii) A supply with a full waiver or a copper waiver no longer satisfies the materials criteria of subdivision (a)(ii) of this subrule or has a ninetieth percentile copper level of more than 0.65 mg/l.(iii) The department notifies the supply, in writing setting forth the basis of its decision, that the waiver has been revoked.(f) A supply whose full or partial waiver has been revoked by the department is subject to the corrosion control treatment and lead and copper tap water monitoring requirements, as follows: (i) If the supply exceeds the lead or copper action level, or both, the supply shall implement corrosion control treatment under the deadlines specified in R 325.10604f(2)(e) and other applicable requirements of this part.(ii) If the supply meets both the lead and the copper action level, the supply shall monitor for lead and copper at the tap not less frequently than once every 3 years using the reduced number of sample sites specified in subrule (3) of this rule.(g) Small water supply waivers approved by the department, in writing, before April 11, 2000, shall remain in effect if the supply has demonstrated that it is both free of lead containing and copper containing materials, as required by subdivision (a) of this subrule, and that its ninetieth percentile lead levels and ninetieth percentile copper levels meet the criteria of subdivision (b) of this subrule, and that the supply continues to meet the waiver eligibility criteria of subdivision (e) of this subrule. The first round of tap water monitoring conducted under subdivision (d) of this subrule shall be completed not later than 9 years after the last time the supply has monitored for lead and copper at the tap.Mich. Admin. Code R. 325.10710a
1994 AACS; 1998 AACS; 2002 AACS; 2009 AACS; 2015 AACS; 2018 MR 11, Eff. 6/14/2018