Lead Service Line Replacement Requirements

PURPOSE: This rule sets forth requirements for the removal of lead service lines if lead action levels are exceeded, and corrosion control efforts and source water treatment are unsuccessful in lowering the lead concentration levels in tap samples. (1) Systems that fail to meet the lead action level in tap samples taken pursuant to 10 CSR 60-15.070(4)(B), after installing corrosion control, source water treatment, or both (whichever sampling occurs later), shall replace lead service lines in accordance with the requirements of this section. If a system is in violation of 10 CSR 60-15.020 or 10 CSR 60-15.040 for failure to install source water or corrosion control treatment, the department 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 10 CSR 60-15.070(4)(B) has passed. (2) A water system shall replace annually at least seven percent (7%) of the initial number of lead service lines in its distribution system. The initial number of lead service lines is the number of lead lines in place at the time 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(s) owned by the system, based upon a materials evaluation, including the evaluation required under 10 CSR 60-15.070(1) and relevant legal authorities (e.g., contracts, local ordinances) regarding the portion owned by the system. The first year of lead service line replacement shall begin on the first day following the end of the monitoring period in which the action level was exceeded under section (1) of this rule. If monitoring is required annually or less frequently, the end of the monitoring period is September 30 of the calendar year in which the sampling occurs. If the department has established an alternate monitoring period, then the end of the monitoring period will be the last day of that period. (3) Any water system resuming a lead service line replacement program after the cessation of its lead service line replacement program as allowed by section (7) of this rule shall update its inventory of lead service lines to include those sites that were previously determined not to require replacement through the sampling provision under section (4) of this rule. The system will then divide the updated number of remaining lead service lines by the number of remaining years in the program to determine the number of lines that must be replaced per year (seven percent (7%) lead service line replacement is based on a fifteen- (15-) year replacement program, so, for example, systems resuming lead service line replacement after previously conducting two (2) years of replacement would divide the updated inventory by thirteen (13)). For those systems that have completed a fifteen- (15-) year lead service line replacement program, the department will determine a schedule for replacing or retesting lines that were previously tested out under the replacement program when the system re-exceeds the action level. (4) A system is not required to replace an individual lead service line if the lead concentration in all service line samples from that line, taken pursuant to 10 CSR 6015.070(2)(C), is less than or equal to 0.015 milligrams per liter (mg/L). (5) A water system shall replace that portion of the lead service line that it owns. In cases where the system does not own the entire lead service line, the system shall notify the owner of the line, or the owner’s authorized agent, that the system will replace the portion of the service line that it owns and shall offer to replace the owner’s portion of the line. A system is not required to bear the cost of replacing the privately-owned portion of the line, nor is it required to replace the privatelyowned portion where the owner chooses not to pay the cost of replacing the privatelyowned portion of the line, or where replacing the privately-owned portion would be precluded by department, local, or common law. A water system that does not replace the entire length of the service line also shall complete the following tasks: (A) At least forty-five (45) days prior to commencing with the partial replacement of a lead service line, the water system shall provide notice to the resident(s) of all 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 can take to minimize their exposure to lead. The department may allow the water system to provide this notice less than forty-five (45) days prior to commencing partial lead service line replacement where such replacement is in conjunction with emergency repairs. In addition, the water system shall inform the resident(s) served by the line that the system will, at the system’s expense, collect a sample from each partially-replaced lead service line that is representative of the water in the service line for analysis of lead content, as prescribed under 10 CSR 60-15.070(2)(C), within seventy-two (72) hours after the completion of the partial replacement of the service line. The system shall collect the sample and report the results of the analysis to the owner and the resident(s) 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 “on time”; and (B) The water system shall provide the information required by subsection (4)(A) of this rule to the residents of individual dwellings by mail or by other methods approved by the department. In instances where multi-family dwellings are served by the line, the water system shall have the option to post the information at a conspicuous location. (6) The department shall require a system to replace lead service lines on a shorter time schedule than that required by this section, taking into account the number of lead service lines in the system, where such a shorter replacement schedule is feasible. The department shall make this determination 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 section (1) of this rule. (7) Any system may cease replacing lead service lines whenever first-draw tap samples collected pursuant to 10 CSR 6015.070(4)(C) meet the lead action level during each of two (2) consecutive monitoring periods and the system submits the results to the department. If the first-draw tap samples in any such water system after that exceed the lead action level, the system shall recommence replacing lead service lines, pursuant to section (2) of this rule. (8) To demonstrate compliance with sections (1)–(5) of this rule, a system shall report to the department the information specified in 10 CSR 60-7.020(5). AUTHORITY: section 640.100, RSMo Supp. 2011.* Original rule filed Aug. 4, 1992, effective May 6, 1993. Amended: Filed Aug. 14, 2001, effective April 30, 2002. Amended: Filed Oct. 17, 2011, effective May 30, 2012. *Original authority: 640.100, RSMo 1939, amended 1978, 1981, 1982, 1988, 1989, 1992, 1993, 1995, 1996, 1998, 1999, 2002, 2006.