Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 22.00 - Drinking Water › Section 22.06B - Control of Lead and Copper in Drinking Water

Current through Register 1525, July 5, 2024
(1)
General Requirements
.
(a)
Applicability
.
			 The requirements of 310 CMR 22.06B constitute the Massachusetts drinking water
			 regulations for lead and copper. Unless otherwise indicated, each of the
			 provisions of 310 CMR 22.06B applies to community water systems and
			 non-transient, non-community water systems ("water systems" or
			 "systems").
(b)
Scope
. 310 CMR 22.06B establishes a treatment
			 technique for lead and copper that includes requirements for corrosion control
			 treatment, source water treatment, lead service line replacement, and public
			 education. These requirements are triggered, in some cases, by lead and copper
			 action levels measured in samples collected at consumers' taps.
(c)
Lead and Copper Action
			 Levels
:
1. The lead action level
			 is exceeded if the concentration of lead in more than 10% of tap water samples
			 collected during any monitoring period conducted in accordance with 310 CMR
			 22.06B(7) is greater than 0.015 mg/L (
i.e
., if the
			 "90th percentile" lead level is greater than 0.015
			 mg/L).
2. The copper action level
			 is exceeded if the concentration of copper in more than 10% of tap water
			 samples collected during any monitoring period conducted in accordance with 310
			 CMR 22.06B(7) is greater than 1.3 mg/L (
i.e
., if the
			 "90th percentile" copper level is greater than 1.3
			 mg/L).
3. The
			 90th percentile lead and copper levels shall be
			 computed as follows:
a. The results of all
			 lead or copper samples taken during a monitoring period shall be placed in
			 ascending order from the sample with the lowest concentration to the sample
			 with the highest concentration. Each sampling result shall be assigned a
			 number, ascending by single integers beginning with the number one for the
			 sample with the lowest contaminant level. The number assigned to the sample
			 with the highest contaminant level shall be equal to the total number of
			 samples taken.
b. The number of
			 samples taken during the monitoring period shall be multiplied by
			 0.9.
c. The contaminant
			 concentration in the numbered sample yielded by the calculation in 310 CMR
			 22.06B(1)(c)3.b. is the 90th percentile contaminant
			 level.
d. For water systems serving
			 fewer than 100 people that collect five samples per monitoring period, the
			 90th percentile is computed by taking the average of
			 the highest and second highest concentrations.
e. For a public water system that has been
			 allowed by the Department to collect fewer than five samples in accordance with
			 310 CMR 22.06B(7)(c), the sample result with the highest concentration is
			 considered the 90th percentile value.
f. If unapproved sample sites are submitted
			 with lead and copper results, they shall be included in the computation of the
			 90th percentile.
(d)
Corrosion Control Treatment
			 Requirements
.
1. All water
			 systems shall install and operate optimal corrosion control treatment as
			 defined in 310 CMR 22.02.
2. Any
			 water system that complies with the applicable corrosion control treatment
			 requirements specified by the Department under 310 CMR 22.06B(2) and (3) shall
			 be deemed in compliance with the treatment requirement contained in 310 CMR
			 22.06B(1)(d)1.
(e)
Source Water Treatment Requirements
. Any system
			 exceeding the lead or copper action level shall implement all applicable source
			 water treatment requirements specified by the Department under 310 CMR
			 22.06B(4).
(f)
Lead
			 Service Line Replacement Requirements
. Any system exceeding the
			 lead action level after implementation of applicable corrosion control and
			 source water treatment requirements shall complete the lead service line
			 replacement requirements contained in 310 CMR 22.06B(5).
(g)
Public Education
			 Requirements
. Pursuant to 310 CMR 22.06B(6), all water systems
			 shall provide a consumer notice of lead and copper tap water monitoring results
			 to the persons served at the sites (taps) that are tested. Any system exceeding
			 the lead action level shall implement the public education
			 requirements.
(h)
Monitoring and Analytical Requirements
. Tap water
			 monitoring for lead and copper, monitoring for water quality parameters, source
			 water monitoring for lead and copper, and analyses of the monitoring results
			 under 310 CMR 22.06B(1) shall be completed in compliance with 310 CMR 22.06B(7)
			 through (10).
(i)
Reporting Requirements
. Systems shall report to the
			 Department any information required by the treatment provisions of 310 CMR
			 22.06B(1) and 310 CMR 22.06B(11).
(j)
Recordkeeping
			 Requirements
. Systems shall maintain records in accordance with
			 310 CMR 22.06B(12).
(k)
Violation of National Primary Drinking Water
			 Regulations
. Failure to comply with the applicable requirements of
			 310 CMR 22.06B(1) through (12), including requirements established by the
			 Department pursuant to 310 CMR 22.00 shall constitute a violation of the
			 national primary drinking water regulations for lead and/or copper.