Lead service line replacement requirements

Lead service line replacement requirements. (1c) Definition. In this section, “evidence-based” means a record, method, or technique that is based on one or more of the following: (a) Information sources described under sub. (1n) (b) . (b) A visual inspection of service line material. (c) Other records, methods, or techniques approved by the department. (1g) General. Water suppliers for public water systems that fail to meet the lead action level in tap samples taken pursuant to s. NR 809.547 (4) (b) , after installing corrosion control or source water treatment, or both, whichever sampling occurs later, shall replace lead service lines in accordance with the requirements of this section. If a public water system is in violation of s. NR 809.542 or 809.544 for failure to install source water or corrosion control treatment, the department may require the water supplier to commence lead service line replacement under this section after the date by which the water supplier was required to conduct monitoring under s. NR 809.547 (4) (b) has passed. (1k) Initial service line inventory development. (a) A water supplier was required to develop and submit an initial inventory by October 16, 2024, under 40 CFR 141.84 (a) (1) , as codified on July 1, 2024, and in accordance with requirements under 40 CFR 141.84 (a) (2) to (5) and 40 CFR 141.90 (e) , as codified July 1, 2024. (b) For the initial inventory required under par. (a) , a water supplier must comply with all of the following: 1. The service line materials inventory must be publicly accessible and meet the following requirements, as applicable: a. The inventory must include a location identifier, such as a street address, block, intersection, or landmark, associated with each lead service line and GRR service line. The water supplier may, but is not required to, include a locational identifier for LSU service lines or list the exact address of each service line. b. The water supplier for a PWS serving greater than 50,000 individuals must make the publicly accessible inventory available online. 2. When a PWS has no lead, GRR, or LSU service lines, regardless of ownership, in its inventory, a water supplier may comply with the requirements under subd. 1. using a written statement, in lieu of the inventory, declaring that the distribution system has no lead service lines or GRR service lines. The statement must include a general description of all applicable sources used to make this determination. 3. Instructions to access the service line inventory, including inventories consisting only of a statement in accordance with subd. 2. , must be included in the consumer confidence report under subch. V . 4. The consumer confidence report under subch. V shall include a statement that a service line inventory, including inventories consisting only of a statement that there are no lead service lines, has been prepared and include instructions to access the service line inventory. (1n) Service line and connector inventory development. A water supplier must develop a service line and connector inventory that meets all of the following requirements, as applicable: (a) Baseline inventory deadline. The water supplier must develop a baseline inventory as described under this subsection. The water supplier must submit the baseline inventory to the department by November 1, 2027. The water supplier for a newly regulated public water system must develop a baseline inventory on a schedule established by the department that does not exceed 3 years from the date the PWS becomes subject to regulations under this chapter. The baseline inventory must include each service line and identified connector that is connected to the PWS’s distribution system regardless of ownership status. For example, if service line ownership is shared, the inventory includes both the portion of the service line owned by the PWS and the portion of the service line owned by the customer. (b) Information review. 1. For the baseline inventory, the water supplier must conduct a review of information that describes service line and connector materials and locations, including all of the following: a. All construction and plumbing codes, permits, and records or other documentation that indicate the service line and connector materials used to connect structures to the distribution system. b. All PWS records on service lines and connectors, including distribution system maps and drawings, recent or historical records on each service connection and connector, meter installation records, historical capital improvement or master plans, and standard operating procedures. c. All records of inspections in the distribution system that indicate the material composition of the service connections and connectors that connect a structure to the distribution system. d. Any information on lead, galvanized iron, and galvanized steel materials that the water supplier has identified under s. NR 809.119 . e. Additional information if required or approved by the department. 2. The water supplier must include any new information on service line and connector materials from all applicable information sources described under this paragraph in the baseline inventory. (c) Connector categorization. The water supplier must include each connector identified under par. (b) in the PWS’s baseline inventory. Each connector material must be categorized as one of the following: 1. Lead, if the connector is made of lead. 2. Non-lead, if the connector is determined through an evidence-based record, method, or technique not to be made of lead. The water supplier is not required to identify the specific material of a non-lead connector; however, the water supplier may use the material, such as copper or galvanized, as an alternative to categorizing it as non-lead. 3. Unknown, if the material of the connector is not known. 4. No connector present, if there is no connector at the location, such as when a service line directly connects a water main to a building inlet. (d) Service line categorization. The water supplier must include each service line identified under par. (b) in the PWS’s baseline inventory. Each service line, or portion of the service line when ownership is shared, must be categorized as one of the following: 1. Lead, if the service line is a lead service line as defined under s. NR 809.04 (46) . 2. Galvanized-requiring-replacement, if the service line is a GRR service line as defined under s. NR 809.04 (37q) . 3. Non-lead, if the service line is determined through an evidence-based record, method, or technique not to be a lead or GRR service line. The water supplier is not required to identify the specific material of a non-lead service line; however, the water supplier may use the material, such as plastic or copper, as an alternative to categorizing it as non-lead. 4. LSU or unknown, if the service line material is not known to be lead, GRR, or non-lead, such as when there is no documented evidence or evidence reliably supporting material categorization. The water supplier may elect to provide more information regarding the PWS’s unknown service lines as long as the inventory clearly distinguishes unknown service lines from those in which the categorization of the material is based on the categorization methods approved under this paragraph. (e) Service line and connector locations. The inventory must include a street address associated with each service line and connector. If a street address is not available for an individual service line or connector, a unique locational identifier, such as the block, global positioning system coordinates, intersection, or landmark, may be used. (f) Publicly accessible inventory. Except as provided under par. (g) , the inventory must be publicly accessible and meet the following requirements as applicable: 1. The publicly accessible inventory must include the information described under pars. (a) to (e) . 2. The water supplier for a large water system must make the publicly accessible inventory available online. (g) Written statement in lieu of the publicly accessible inventory. When a PWS does not have any lead, GRR, or LSU service lines, known lead connectors, or connectors of unknown material, the water supplier may comply with the requirements under par. (f) using a written statement in lieu of the publicly accessible inventory, declaring that the distribution system does not have any lead, GRR, or LSU service lines, known lead connectors, or connectors of unknown material. The statement must include a general description of all applicable information sources used in the inventory as described under pars. (a) and (b) to make this determination. (h) Publicly accessible inventory instructions. Instructions to access the publicly accessible inventory, including inventories consisting only of a statement under par. (g) , must be included in the consumer confidence report under subch. V . (i) Basis of material classification for service lines classified as non-lead. For each service line, or portion thereof, classified as non-lead, the inventory must identify the type of evidence-based record, method, or technique used to determine that the material is not made of lead. (j) Information requirements for the baseline inventory and publicly accessible inventory: 1. Except as provided in subd. 2. , the baseline inventory and the publicly accessible inventory must include all of the following information regarding service line material identification and replacement: a. The total number of lead service lines in the inventory and location for each. b. The total number of GRR service lines in the inventory and location for each. c. The total number of LSU service lines in the inventory and location for each. d. The total number of non-lead service lines in the inventory, the location for each, the basis for material classification for each, and whether each is in the validation pool in accordance with this subsection. e. The total number of lead connectors in the inventory and location for each. f. The total number of connectors of unknown material in the inventory and location for each. g. The total number of non-lead connectors in the inventory, the location for each, and the basis for material classification for each. 2. If ownership of a service line is shared, the water supplier must report the information under subd. 1. a. to g. , counting each full service line only once. (2) Rate and schedule for service line replacement. (a) A water supplier shall replace annually at least 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 water supplier shall identify the initial number of lead service lines in its distribution system, including an identification of the portions owned by the public water system, based on a materials evaluation, including the evaluation required under s. NR 809.547 (1) and relevant legal authorities, such as contracts and local ordinances regarding the portion owned by the public water 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 sub. (1g) . 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 unless the department has established an alternate monitoring period. (b) Any water supplier resuming a lead service line replacement program, after the cessation of its lead service line replacement program, as allowed by sub. (6) , shall update the public water system’s inventory of lead service lines to include those sites that were previously determined not to require replacement through the sampling provision under sub. (3) . The water supplier shall 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 lead service line replacement is based on a 15-year replacement program, so, for example, water suppliers resuming lead service line replacement after previously conducting two years of replacement would divide the updated inventory by 13. For those water suppliers for public water systems that have completed a 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 public water system exceeds the action level again after completing a 15-year replacement program. (3) Individual service line considerations. A water supplier 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 s. NR 809.547 (2) (c) , is less than or equal to 0.015 mg/L. (4) Extent of service line replacement. A water supplier shall replace the entire service line, up to the building inlet, unless the water supplier demonstrates to the satisfaction of the department under sub. (5) , that the public water system controls less than the entire service line. In such cases, the water supplier shall replace the portion of the line which the department determines is under the water supplier’s control. The water supplier shall notify the user served by the line that the water supplier will replace the portion of the service line under the public water system’s control and the water supplier shall offer to replace the building owner’s portion of the line, but is not required to bear the cost of replacing the building owner’s portion of the line. A water supplier is not required to bear the cost of replacing the privately-owned portion of the line, nor is the water supplier required to replace the privately-owned portion where the building owner chooses not to pay the cost of replacing the privately-owned portion of the line, or where replacing the privately-owned system would be precluded by department, local or common law. An water supplier that does not replace the entire length of the service line shall also complete all of the following tasks: (a) At least 45 days prior to commencing with the partial replacement of a lead service line, the water supplier shall provide notice to the residents of all buildings served by the line explaining that they may experience a temporary increase of lead levels in their drinking water, and shall provide guidance on measures consumers can take to minimize their exposure to lead. The department may allow the water supplier to provide notice under this paragraph less than 45 days prior to commencing partial lead service line replacement if the replacement is in conjunction with emergency repairs. In addition, the water supplier shall inform the residents served by the line that the water supplier will, at the public water 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 s. NR 809.547 (2) (c) , no later than 72 hours after the completion of the partial replacement of the service line. The water supplier shall collect the sample and report the results of the analysis to the building owner and each resident served by the line no later than 3 business days after receiving the results. Mailed notices post-marked no later than 3 business days after receiving the results shall be considered timely.