Ala. Admin. Code r. 335-7-11-.16

Current through Register Vol. 42, No. 11, August 30, 2024

Section 335-7-11-.16 - Lead Service Line Replacement

(1) Systems which exceed the compliance limit for lead after installation or modification of corrosion control processes or source water treatment and which contain lead service lines shall identify the number and location of lead service lines and develop and implement a removal action plan.

(a) This plan shall identify the number of lines, including an identification of the portion owned by the system, general distribution locations, cost of replacement, proposed disposal site for removed lines, and a time schedule for removal.

(b) This plan shall be provided within six months of exceeding the compliance limit and shall be implemented within twelve months of the end of the monitoring period in which the exceedance occurred. If the monitoring frequency is annual or less, the end of the monitoring period is September 30 of the year in which the sampling occurred.

(c) The plan shall provide for full replacement of all services lines, except those excluded in the following subparagraphs, within 15 years.

1. At least 7% of the initial number of lead service lines shall be replaced annually. Lead service lines which have demonstrated to meet the compliance limit for lead through service line monitoring can be excluded from the process. The state may require a water system to replace more than 7% of the lead service lines annually.

2. The plan shall demonstrate the legal ownership of service lines and if the water system does not control or own the entire lead service line up to the building, it shall include provisions to notify the customer of its existence and offer to replace that service line for a fair and equitable cost.

3. The process of replacing service lines may cease when the system can demonstrate through two consecutive monitoring periods that first draw samples collected from lead service lines are meeting the compliance limit due to enhanced corrosion control activity.

4. A water system that does not replace the entire length of the service line shall comply with the following:

(i) At least 45 days prior to commencing with the partial replacement of a lead service line, the water system 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, 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 45 days prior to commencing partial lead service line replacement where such replacement is done in conjunction with emergency repairs. In addition, the water system shall inform the residents served by the line that the system will, at the system's expense, collect a sample for a lead analysis from each partially-replaced lead service line within 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 residents served by the line within three business days of receiving the results. Mailed notices post-marked within three business days of receiving the results shall be considered "on time."

(ii) The water system shall provide the information required by 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.

(2) The process of replacing service lines may cease when the system can demonstrate through two consecutive monitoring periods that first tap draw monitoring conducted from lead service lines are meeting the compliance limit due to enhanced corrosion control activity. If first draw tap monitoring in any such system thereafter exceeds the lead action level, the system shall recommence replacing lead service lines as required by this rule.

(3) A water system resuming a lead service line replacement program after the cessation of its lead service line replacement program shall update its inventory of lead service lines to include those sites that were previously determined not to require replacement under subparagraph (1)(c)1.

(a) The lead service line replacement program shall be completed within 15 years. The 15 years shall include any previous time allowed under this rule.

(b) If a system has completed a 15 year replacement program, any exceedance of the action level will require the system to consult with the Department to determine a retesting or replacement schedule for the remaining lead service lines in the system.

Ala. Admin. Code r. 335-7-11-.16

Adopted: September 23, 1992; effective November 9, 1992. Amended: Filed November 28, 1995; effective January 2, 1996. Amended: Filed February 6, 2002; effective March 13, 2002. Amended: Filed December 24, 2003; effective January 28, 2004. Amended: Filed December 18, 2007; effective January 22, 2008. Amended: Filed April 26, 2009; effective May 26, 2009.

Authors: Joe Alan Power, Thomas S. DeLoach, Dennis D. Harrison

Statutory Authority:Code of Ala. 1975, §§ 22-23-33, 22-22A-5, 22-22A-6.