New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 5 - Drinking Water Supplies › Subpart 5-1 - Public Water Systems › Control of Copper and Lead in Drinking Water › Section 5-1.46 - Lead service line replacement

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Water systems that fail to meet the lead action level in tap samples collected
					 after installing corrosion control treatment and/or source water treatment
					 (whichever occurs later) shall replace lead service lines in accordance with
					 the requirements of this section. Water systems that fail to install optimal
					 corrosion control treatment in accordance with section
					 5-1.41(c) 
					 of this Subpart or source water treatment in accordance with section
					 5-1.45(a)(2) 
					 of this Subpart by the date(s) specified by the State may be required to begin
					 replacement of lead service lines.
(b)
Determining number of lead service
					 lines for replacement.
(1) A water
					 system shall replace annually at least seven percent 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 on materials evaluation, including the evaluation
					 required under section
					 5-1.42(a) 
					 of this Subpart 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 in tap sampling referenced in subdivision (a) of this section. If
					 monitoring is required annually or less frequently, the end of the monitoring
					 period is September 30th of the calendar year in which the sampling occurs. If
					 an alternate monitoring period applies, then the end of the monitoring period
					 will be the last day of that period.
(2) A water system is not required to replace
					 an individual lead service line if the results of all samples representative of
					 water in the lead service line, collected in accordance with section
					 5-1.42(a)(2)(iii) 
					 of this Subpart, are less than or equal to 0.015 mg/L.
(3) The total number of lines replaced,
					 either entirely or partially per subdivision (c) of this section, shall equal
					 at least seven percent of the initial number of lead lines identified under
					 paragraph (1) of this subdivision or the percentage specified by the State as
					 per subdivision (d) of this section.
(4) Any water system resuming a lead service
					 line replacement program after the cessation of its lead service line
					 replacement program as allowed by subdivision (f) of this section 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
					 subdivision (c) of this section. 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 shall be replaced per year (7-percent
					 lead service line replacement is based on a 15-year replacement program). For
					 those systems that have completed a 15-year lead service line replacement
					 program, the State will determine a schedule for replacing or re-testing lines
					 that were previously tested under the replacement program if the system
					 re-exceeds the action level.