10 CSR 60-15.070
Monitoring Requirements for Lead and Copper in Tap Water
PURPOSE: This rule establishes the monitoring requirements which are applicable to lead
and copper in drinking water.
(1) Sample Site Location. A water system
shall use the information on lead, copper, and
galvanized steel that it is required to collect
under this section when conducting a materials evaluation. When an evaluation of the
information collected pursuant to this section
is insufficient to locate the requisite number
of lead and copper sampling sites that meet
the targeting criteria in subsection (1)(A) of
this rule, the water system shall review the
sources of information listed in this rule in
order to identify a sufficient number of sampling sites. In addition, the system shall seek
to collect that information where possible in
the course of its normal operations (for example, checking service line materials when
reading water meters or performing maintenance activities); all plumbing codes, permits,
and records in the files of the building department(s) which indicate the plumbing materials
that are installed within publicly- and privately-owned structures connected to the distribution system; 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 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.
(A) By the applicable date for commencement of monitoring under subsection (4)(A)
of this rule, each water system shall complete
a materials evaluation of its distribution system in order 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 can collect the
number of lead and copper tap samples
required in section (3) of this rule. All sites
from which first-draw samples are collected
shall be selected from this pool of targeted
sampling sites. Sampling sites may not
include faucets that have point-of-use or
point-of-entry treatment devices designed to
remove inorganic contaminants.
(B) Community water supply systems shall
identify whether the following construction
materials are present in their distribution system:
1. Lead from piping, solder caulking,
interior lining of distribution mains, alloys,
and home plumbing;
2. Copper from piping and alloys, service lines, and home plumbing;
3. Ferrous piping materials, such as cast
iron and steel;
4. Asbestos cement pipe;
5. Vinyl-lined asbestos cement pipe; and
6. Coal tar-lined pipes and tanks.
(C) The sampling sites selected for a community water system’s sampling pool (tier 1
sampling sites) shall consist of single-family
structures that contain copper pipes with lead
solder installed after 1982, or contain lead
pipes, or are served by a lead service line, or
a combination of these. When multiple-family residences comprise at least twenty percent
(20%) of the structures served by a water system, the system may include these types of
structures in its sampling pool.
(D) Any 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 contain copper
pipes with lead solder installed after 1982, or
contain lead pipes, or are served by a lead
service line, or a combination of these.
(E) Any 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. 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. 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 water
system.
(F) The sampling sites selected for a nontransient non-community water system (tier 1
sampling sites) shall consist of buildings that
contain copper pipes with lead solder
installed after 1982, or contain lead pipes, or
are served by a lead service line, or a combination of these.
(G) A non-transient non-community water
system with insufficient tier 1 sites that meet
the targering criteria in subsection (1)(F) of
this rule shall complete its sampling pool
with sampling sites that contain copper pipes
with lead solder installed before 1983. If
additional sites are needed to complete the
sampling pool, the non-transient non-community water system shall use representative
sites throughout the distribution system. 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
water system.
(H) Any water system whose distribution
system contains lead service lines shall draw
fifty percent (50%) of the samples it collects
during each monitoring period from sites that
contain lead pipes or copper pipes with lead
solder and fifty percent (50%) of those samples from sites served by a lead service line. A
water system that cannot 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
these lines.
(2) Sample Collection Methods.
(A) All tap samples for lead and copper
collected in accordance with this rule, with
the exception of lead service line samples collected under 10 CSR 60-15.050(3) and samples collected under subsection (2)(E) of this
rule, shall be first-draw samples.
(B) Each first-draw tap sample for lead and
copper shall be one (1) liter in volume and
have stood motionless in the plumbing system
of each sampling site for at least six (6)
hours. First-draw samples from residential
housing shall be collected from the coldwater kitchen tap or bathroom sink tap. Firstdraw samples 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. Nonfirst-draw samples collected in lieu of firstdraw samples pursuant to subsection (2)(E) of
this rule shall be one (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 system or the system may allow residents
to collect first-draw samples after instructing
the residents of the sampling procedures
specified in this section. To avoid problems of
residents handling nitric acid, acidification of
first-draw samples may be done up to fourteen (14) days after the sample is collected.
After acidification to resolubilize the metals,
the sample must stand in the original container for the time specified in the approved
United States Environmental Protection
Agency (U.S. EPA) method before the sample can be analyzed. 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 have stood motionless
in the lead service line for at least six (6)
hours. Lead service line samples 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 firstdraw tap sample from the same sampling site
from which it collected a previous sample. If,
for any reason, the water system cannot gain
entry to a sampling site in order to collect a
follow-up tap sample, the system may collect
the follow-up tap sample from another sampling site in its sampling pool as long as the
new site meets the same targeting criteria and
is within reasonable proximity of the original
site.
(E) A non-transient non-community water
system, or a community water system that
meets the criteria of 10 CSR 6015.060(2)(E), that does not have enough taps
that can supply first-draw samples as defined
in 10 CSR 60-2.015 may, with department
approval, apply substitute non-first-draw
samples. Such 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. Water systems shall
collect at least one (1) sample during each
monitoring period specified in subsection
(4)(D) of this rule from the number of sites
listed in the second column (“Standard
Monitoring”) of Table 1. A system conducting reduced monitoring under subsection
(4)(D) of this rule shall collect at least one (1)
sample from the number of sites specified in
the third column (“Reduced Monitoring”) of
Table 1 during each monitoring period specified in subsection (4)(D) of this rule. Such
reduced monitoring sites shall be representative of the sites required for standard monitoring. A public water system that has fewer
than five (5) drinking water taps that can be
used for human consumption meeting the
sample site criteria of section (1) of this rule
to reach the required number of sample sites
listed in section (3) of this rule must collect
at least one (1) sample from each tap and
then must 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 systems to collect a number of samples less than the number of sites
specified in section (3) of this rule, provided
that one-hundred percent (100%) of all taps
that can be used for human consumption are
sampled. The department must approve this
reduction of the minimum number of samples
in writing based on a request from the system
or onsite verification by the department. The
department may specify sampling locations
when a system is conducting reduced monitoring.
Table 1.
System Size
Number of Sites Number of Sites
(# People
(Standard
(Reduced
Served)
Monitoring)
Monitoring)
>100,000
100
50
10,001–100,000
60
30
3,301–10,000
40
20
501–3,300
20
10
101–500
10
5
£100
5
5
(4) Timing of Monitoring.
(A) Initial Tap Sampling. The first six- (6-)
month monitoring period for small (serving
less than or equal to three thousand three
hundred (3,300) persons), medium-size
(serving three thousand three hundred one to
fifty thousand (3,301–50,000) persons) and
large (serving more than fifty thousand
(>50,000) persons) systems shall begin on
the following dates:
First Six- (6-) Month
Monitoring Period
System Size
Begins On
(# People Served)
>50,000
January 1, 1992
3,301–50,000
July 1, 1992
£3,300
July 1, 1993
1. All large systems shall monitor during
two (2) consecutive six- (6-) month periods.
2. All small- and medium-size systems
shall monitor during each six- (6-) month
monitoring period until the system—
A. Exceeds the lead or copper action
level and is therefore required to implement
the corrosion control treatment requirements
under 10 CSR 60-15.020, in which case the
system shall continue monitoring in accordance with subsection (4)(B) of this rule; or
B. Meets the lead and copper action
levels during two (2) consecutive six- (6-)
month monitoring periods, in which case the
system may reduce monitoring in accordance
with subsection (4)(D) of this rule.
(B) Monitoring After Installation of
Corrosion Control and Source Water
Treatment.
1. Any large system which installs optimal corrosion control treatment pursuant to
10 CSR 60-15.020(1)(A)4. shall monitor
during two (2) consecutive six- (6-) month
monitoring periods by the date specified in 10
CSR 60-15.020(1)(A)5.
2. Any small- or medium-size system
which installs optimal corrosion control
treatment
pursuant
to
10
CSR
6015.020(2)(A)5. shall monitor during two (2)
consecutive six- (6-) month monitoring periods by the date specified in 10 CSR 6015.020(2)(A)6.
3. Any system which installs source
water treatment pursuant to 10 CSR 6015.040(1)(C) shall monitor during two (2)
consecutive six- (6-) month monitoring periods by the date specified in 10 CSR 6015.040(1)(D).
(C) After the department specifies the values for water quality control parameters
under 10 CSR 60-15.030(6), the system shall
monitor during each subsequent six- (6-)
month monitoring period, with the first monitoring period to begin on the date the department specifies the optimal values under 10
CSR 60-15.030(6).
(D) Reduced Monitoring.
1. A small- or medium-size water system
that meets the lead and copper action levels
during each of two (2) consecutive six- (6-)
month monitoring periods may reduce the
number of samples in accordance with section (3) of this rule and reduce the frequency
of sampling to once per year. A small- or
medium-size water system collecting fewer
than five (5) samples, as specified in section
(3) of this rule, that meets the lead and copper action levels during each of two (2) consecutive six- (6-) month monitoring periods
may reduce the frequency of sampling to once
per year. In no case can the system reduce the
number of samples required below the minimum of one (1) sample per available tap.
This sampling shall begin during the calendar
year immediately following the end of the
second consecutive six- (6-) month monitoring period.
2. Any water system that meets the lead
action level and maintains the range of values
for the water quality control parameters
reflecting optimal corrosion control treatment
specified under 10 CSR 60-15.030(7) during
each of two (2) consecutive six- (6-) month
monitoring periods may reduce the frequency
of monitoring to once per year and reduce
the number of lead and copper samples in
accordance with section (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 six- (6-) month
monitoring period. The department shall
review monitoring, treatment, and other relevant information submitted by the water system in accordance with 10 CSR 60-7.020 and
shall notify the system in writing when it
determines the system is eligible to commence reduced monitoring pursuant to this
section. The department shall review and,
where appropriate, revise its determination
when the system submits new monitoring or
treatment data or when other data relevant to
the number and frequency of tap sampling
becomes available.
3. A small- or medium-size water system that meets the lead and copper action levels during three (3) consecutive years of monitoring may reduce the frequency of monitoring for lead and copper from annually to once
every three (3) years. Any water system that
meets the lead action level and maintains the
range of values for the water quality control
parameters reflecting optimal corrosion control treatment specified by the department
under 10 CSR 60-15.030(6) during three (3)
consecutive years of monitoring may reduce
the frequency of monitoring from annually to
once every three (3) years if it receives written approval from the department. Samples
collected once every three (3) years shall be
collected no later than every third calendar
year. The department shall review monitoring, treatment, and other relevant information
submitted by the water system in accordance
with 10 CSR 60-7.020 and shall notify the
system in writing when it determines the system is eligible to reduce the frequency of
monitoring to once every three (3) years. The
department shall review and, where appropriate, revise its determination when the system
submits new monitoring or treatment data or
when other data relevant to the number and
frequency of tap sampling becomes available.
4. A water system 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 section (1) of this rule. Systems
sampling annually or less frequently shall
conduct the lead and copper tap sampling
during the months of June, July, August, or
September unless the department has
approved a different sampling period.
A. The department, at its discretion,
may approve a different period for conducting
the lead and copper tap sampling for systems
collecting a reduced number of samples.
Such a period shall be no longer than four (4)
consecutive months and must represent a
time of normal operation where the highest
levels of lead are most likely to occur. For a
non-transient non-community water system
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 system. 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 six- (6-) month monitoring period for
systems initiating annual monitoring and during the three- (3-) year period following the
end of the third consecutive calendar year of
annual monitoring for systems initiating triennial monitoring.
B. Systems monitoring annually, that
have been collecting samples during the
months of June through September and that
receive department approval to alter their
sample collection period, must collect their
next round of samples during a time period
that ends no later than twenty-one (21)
months after the previous round of sampling.
Systems monitoring triennially, that have
been collecting samples during the months of
June through September and receive
department approval to alter the sampling
collection period, must collect their next
round of samples during a time period that
ends no later than forty-five (45) months after
the previous round of sampling. Subsequent
rounds of sampling must be collected
annually or triennially, as required by this
section. Small systems with waivers, granted
pursuant to section (6) of this rule, that have
been collecting samples during the months of
June through September and receive
department approval to alter their sample
collection period must collect their next
round of samples before the end of the nine-
(9-) year period.
5. Any water system that demonstrates
for two (2) consecutive six- (6-) month
monitoring periods that the tap water lead
level
computed
under
10
CSR
6015.010(3)(C) is less than or equal to 0.005
mg/L and the tap water copper level
computed under 10 CSR 60-15.010(3)(C) is
less than or equal to 0.65 mg/L may reduce
the number of samples in accordance with
section (3) of this rule and reduce the
frequency of sampling to once every three (3)
calendar years.
6. A small- or medium-size water system subject to reduced monitoring that
exceeds the lead or copper action level shall
resume sampling in accordance with subsection (4)(C) of this rule and collect the number of samples specified for standard monitoring under section (3) of this rule. Such a
system shall also conduct water quality
parameter monitoring in accordance with 10
CSR 60-15.080(2), (3), or (4) (as appropriate) during the monitoring period in which it
exceeded the action level. Any such system
may resume annual monitoring for lead and
copper at the tap at the reduced number of
sites specified in section (3) of this rule after
it has completed two (2) subsequent consecutive six- (6-) month rounds of monitoring that
meet the criteria of paragraph (4)(D)1. of this
rule and/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 (4)(D)2. or (4)(D)5. of
this rule.
A. Any water system subject to the
reduced monitoring frequency that fails to
meet the lead action level during any four-
(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 10 CSR 60-15.080(6) for more than
nine (9) days in any six- (6-) month period
specified in 10 CSR 60-15.080(4) shall conduct tap water sampling for lead and copper
at the frequency specified in subsection
(4)(C) of this rule, collect the number of samples specified for standard monitoring under
section (3) of this rule, and resume reduced
monitoring for water quality parameters within the distribution system in accordance with
10 CSR 60-15.080(4). This standard tap
water sampling shall begin no later than the
six- (6-) month period beginning January 1 of
the calendar year following the lead action
level exceedance or water quality parameter
excursion. Such a system may resume
reduced monitoring for lead and copper at the
tap and for water quality parameters within
the distribution system under the following
conditions:
(I) The system may resume annual
monitoring for lead and copper at the tap at the
reduced number of sites specified in section (3)
of this rule after it has completed two (2)
subsequent six- (6-) month rounds of
monitoring that meet the criteria of paragraph
(4)(D)2. of this rule and the system has
received written approval from the department
that it is appropriate to resume reduced
monitoring on an annual frequency. This
sampling shall begin during the calendar year
immediately following the end of the second
consecutive six- (6-) month monitoring period;
(II) The system 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 (4)(D)3. or (4)(D)5. of this rule and
the system has received written approval from
the department that it is appropriate to
resume triennial monitoring; and
(III) The system may reduce the
number of water quality parameter tap water
samples required in accordance with 10 CSR
60-15.080(5)(A) and the frequency with
which it collects such samples in accordance
with 10 CSR 60-15.080(5)(B). Such a system
may not resume triennial monitoring for
water quality parameters at the tap until it
demonstrates, in accordance with the requirements of 10 CSR 60-15.080(5)(B), that it has
requalified for triennial monitoring.
7. Any water system subject to the
reduced monitoring frequency 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 10 CSR 60-15.030(6) for more than
nine (9) days in any six- (6-) month period
specified in 10 CSR 60-15.080(4) shall conduct tap water sampling for lead and copper
at the frequency specified in subsection
(4)(C) of this rule, collect the number of samples specified for standard monitoring under
section (3) of this rule, and resume monitoring for water quality parameters within the
distribution system in accordance with 10
CSR 60-15.030(4). Any water system subject
to a reduced monitoring frequency under subsection (4)(D) of this rule shall notify the
department in writing in accordance with 10
CSR 60-7.020(3)(C) of any upcoming longterm change in treatment or addition of a new
source as described in that rule. The department must review and approve the addition of
a new source or long-term change in water
treatment before it is implemented by the
water system. Such a system may resume
reduced monitoring for lead and copper at the
tap and for water quality parameters within
the distribution system under the following
conditions:
A. The system may resume annual
monitoring for lead and copper at the tap at
the reduced number of sites specified in
section (3) of this rule after it has completed
two (2) subsequent six- (6-) month rounds of
monitoring that meet the criteria of paragraph
(4)(D)2. of this rule and the system has
received written approval from the department
that it is appropriate to resume reduced
monitoring on an annual frequency;
B. The system 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 (4)(D)3. or (4)(D)5. of this rule
and the system has received written approval
from the department that it is appropriate to
resume triennial monitoring; and
C. The system may reduce the number
of water quality parameter tap water samples
required in accordance with 10 CSR 6015.080(5)(A) and the frequency with which it
collects such samples in accordance with 10
CSR 60-15.080(5)(B). Such a system may not
resume triennial monitoring for water quality
parameters at the tap until it demonstrates, in
accordance with the requirements of 10 CSR
60-15.080(5)(B)2., that it has requalified for
triennial monitoring.
8. Any water system subject to a reduced
monitoring frequency under subsection (4)(D)
of this rule that either adds a new source of
water or changes any water treatment shall
inform the department in writing in
accordance with 10 CSR 60-7.020(1)(C).
The department may require the system to
resume sampling in accordance with
subsection (4)(C) of this rule and collect the
number of samples specified for standard
monitoring in Table 1 of section (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 any monitoring conducted,
in addition to the minimum requirements of
this section, shall be considered by the system
and the department in making any determinations (that is, calculating the ninetieth percentile lead or copper level) under this rule.
(6) Invalidation of Lead or Copper Tap Water
Samples. A sample invalidated under this
section does not count toward determining
lead or copper ninetieth percentile levels
under 10 CSR 60-15.010(3)(C) or toward
meeting the minimum monitoring requirements of Table 1 in section (3) of this rule.
(A) The department may invalidate a lead
or copper tap water sample if one (1) of the
following conditions is met:
1. The laboratory establishes that
improper sample analysis caused erroneous
results;
2. The department determines that the
sample was taken from a site that did not
meet the site selection criteria of this rule;
3. The sample container was damaged in
transit; or
4. There is substantial reason to believe
that the sample was subject to tampering.
(B) The system must report the results of
all samples to the department and all supporting documentation for samples the system
believes should be invalidated.
(C) To invalidate a sample under subsection (6)(A) of this rule, the decision and the
rationale for the decision must be documented in writing. The department shall 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 system must collect
replacement samples for any samples invalidated under this section if, after the invalidation of one (1) or more samples, the system
has too few samples to meet the minimum
requirements of section (3) of this rule. Any
such replacement samples must be taken as
soon as possible, but no later than twenty
(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) Monitoring Waivers for Small Systems.
Any small system that meets the criteria of
this section may apply to the department to
reduce the frequency of monitoring for lead
and copper under this section to once every
nine (9) years (that is, a “full waiver”) if it
meets all of the materials criteria specified in
subsection (7)(A) of this rule and all of the
monitoring criteria specified in subsection
(7)(B) of this rule. Any small system that
meets the criteria in subsections (7)(A) and
(B) of this rule only for lead, or only for
copper, may apply to the department for a
waiver to reduce the frequency of tap water
monitoring to once every nine (9) years for
that contaminant only (that is, a “partial
waiver”).
(A) Materials Criteria. The system must
demonstrate that its distribution system and
service lines and all drinking water supply
plumbing, including plumbing conveying
drinking water within all residences and
buildings connected to the system, are free of
lead-containing materials and/or copper-containing materials, as those terms are defined
here, as follows:
1. Lead. To qualify for a full waiver, or
a waiver of the tap water monitoring requirements for lead (that is, a “lead waiver”), the
water system must provide certification and
supporting documentation to the department
that the system is free of all lead-containing
materials, as follows:
A. It contains no plastic pipes which
contain lead plasticizers, or plastic service
lines which contain lead plasticizers; and
B. It is free of lead service lines, lead
pipes, lead soldered pipe joints, and leaded
brass or bronze alloy fittings and fixtures,
unless such fittings and fixtures meet the
specifications of any standard established
pursuant to 42 U.S.C. 300g–6(e) (SDWA
section 1417(e)).
2. Copper. To qualify for a full waiver,
or a waiver of the tap water monitoring
requirements for copper (that is, a “copper
waiver”), the water system must provide certification and supporting documentation to
the department that the system contains no
copper pipes or copper service lines.
(B) Monitoring Criteria for Waiver
Issuance. The system must have completed at
least one (1) six- (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 Table 1
of section (3) of this rule and demonstrate
that the ninetieth percentile levels for any and
all rounds of monitoring conducted since the
system became free of all lead-containing
and/or copper-containing materials, as appropriate, meet the following criteria.
1. Lead levels. To qualify for a full
waiver, or a lead waiver, the system must
demonstrate that the ninetieth percentile lead
level does not exceed 0.005 mg/L.
2. Copper levels. To qualify for a full
waiver, or a copper waiver, the system must
demonstrate that the ninetieth percentile copper level does not exceed 0.65 mg/L.
(C) Department Approval of Waiver
Application. The department shall notify the
system 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
system to perform specific activities (e.g.,
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 system must
continue monitoring for lead and copper at
the tap as required by subsections (4)(A)–(D)
of this rule, as appropriate, until it receives
written notification from the department that
the waiver has been approved.
(D) Monitoring Frequency for Systems
with Waivers.
1. A system with a full waiver must conduct tap water monitoring for lead and copper
in accordance with paragraph (4)(D)4. of this
rule at the reduced number of sampling sites
identified in Table 1 of section (3) of this rule
at least once every nine (9) years and provide
the materials certification specified in subsection (7)(A) of this rule for both lead and
copper to the department along with the monitoring results. Samples collected every nine
(9) years shall be collected no later than every
ninth calendar year.
2. A system with a partial waiver must
conduct tap water monitoring for the waived
contaminant in accordance with paragraph
(4)(D)4. of this rule at the reduced number of
sampling sites specified in Table 1 of section
(3) of this rule at least once every nine (9)
years and provide the materials certification
specified in subsection (7)(A) of this rule pertaining to the waived contaminant along with
the monitoring results. Such a system also
must continue to monitor for the non-waived
contaminant in accordance with requirements
of subsections (4)(A) through (4)(D) of this
rule, as appropriate.
3. If a system with a full or partial waiver
adds a new source of water or changes any
water treatment, the system must notify the
department in writing in accordance with 10
CSR 60-7.020(1)(C). Any water system with a
full or partial waiver shall notify the department in writing in accordance with 10 CSR
60-7.020(1)(C) of any upcoming long-term
change in treatment or addition of a new
source, as described in that rule. The department must review and approve the addition of
a new source or long-term change in water
treatment before it is implemented by the
water system. The department may require the
system to add or modify waiver conditions
(e.g., require recertification that the system is
free of lead-containing and/or coppercontaining materials, require additional
round(s) of monitoring), if it deems such
modifications are necessary to address
treatment or source water changes at the
system.
4. If a system with a full or partial
waiver becomes aware that it is no longer free
of lead-containing or copper-containing
materials (for example, as a result of new
construction or repairs), the system shall
notify the department in writing no later than
sixty (60) days after becoming aware of such
a change.
(E) Continued Eligibility. If the system
continues to satisfy the requirements of subsection (7)(D) of this rule, the waiver will be
renewed automatically, unless any of the conditions listed in paragraph (7)(E)1.–3. of this
rule occurs. A system whose waiver has been
revoked may reapply for a waiver at such time
as it again meets the appropriate materials
and monitoring criteria of subsections (7)(A)
and (7)(B) of this rule.
1. A system with a full waiver or a lead
waiver no longer satisfies the materials criteria of paragraph (7)(A)1. of this rule or has a
ninetieth percentile lead level greater than
0.005 mg/l.
2. A system with a full waiver or a copper waiver no longer satisfies the materials
criteria of paragraph (7)(A)2. of this rule or
has a ninetieth percentile copper level greater
than 0.65 mg/l.
3. The department notifies the system,
in writing, that the waiver has been revoked,
setting forth the basis of its decision.
(F) Requirements Following Waiver
Revocation. A system 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:
1. If the system exceeds the lead and/or
copper action level, the system must implement corrosion control treatment in accordance with the deadlines specified in 10 CSR
60-15.010(5), and any other applicable
requirements of this subpart.
2. If the system meets both the lead and
the copper action level, the system must monitor for lead and copper at the tap no less frequently than once every three (3) years using
the reduced number of sample sites specified
in Table 1 of section (3) of this rule.
(G) Pre-existing Waivers. Small system
waivers approved by the department in writing prior to April 11, 2000, shall remain in
effect under the following conditions:
1. If the system has demonstrated that it
is both free of lead-containing and coppercontaining materials, as required by subsection (7)(A) of this rule and that its ninetieth
percentile lead levels and ninetieth percentile
copper levels meet the criteria of subsection
(7)(B) of this rule, the waiver remains in
effect so long as the system continues to meet
the waiver eligibility criteria of subsection
(7)(E) of this rule. The first round of tap
water monitoring conducted pursuant to subsection (7)(D) of this rule shall be completed
no later than nine (9) years after the last time
the system has monitored for lead and copper
at the tap.
2. Reserved.
AUTHORITY: section 640.100, RSMo Supp.
2011.* Original rule filed Aug. 4, 1992, effective May 6, 1993. Amended: Filed Feb. 1,
1996, effective Oct. 30, 1996. 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.