Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_300/oar_333/333_061_0034-0042.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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OREGON HEALTH AUTHORITY,

PUBLIC HEALTH DIVISION

 

DIVISION 61
PUBLIC WATER SYSTEMS
SCROLL DOWN TO VIEW OARs 333-061-0034 through 333-061-0042
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333-061-0034
Treatment Requirements and Performance Standards for Corrosion
Control
(1) General requirements:
(a) All Community
and Non-Transient Non-Community water systems required to provide corrosion control
shall install and operate optimal corrosion control treatment.
(b) Any water
system that complies with the applicable corrosion control treatment requirements
specified by the Authority under sections (2) and (3) of this rule shall be deemed
in compliance with the treatment requirement contained in subsection (1)(a) of this
rule.
(c) Any system
exceeding the lead or copper action level shall implement all applicable source
water treatment requirements specified by the Authority under section (4) of this
rule.
(d) Any system
exceeding the lead action level shall implement the public education requirements
contained in section (5) of this rule.
(e) 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 shall
be completed in accordance with OAR 333-061-0036(1)(a) and 333-061-0036(2)(c).
(f) Systems
shall report to the Authority all required treatment provision information and maintain
appropriate records as prescribed in OAR 333-061-0034 and 0040.
(g) Failure
to comply with the applicable requirements prescribed in these rules, shall constitute
a violation of the national primary drinking water regulations for lead and/or copper.
(2) Systems
shall complete the corrosion control treatment requirements as prescribed in section
(3) of this rule as follows:
(a) Large
systems (serving >50,000 persons) shall complete the following corrosion control
treatment steps, unless it is deemed to have optimized corrosion control as prescribed
in paragraphs (d)(B) or (d)(C) of this section:
(A) Systems
shall conduct initial tap and water quality parameter monitoring for two consecutive
six-month periods as prescribed in OAR 333-061-0036(2)(c)(D)(i) and (2)(c)(F) beginning
January 1, 1992;
(B) Systems
shall complete corrosion control studies prescribed in subsection (3)(c) of this
rule by July 1, 1994;
(C) The Authority
shall designate optimal corrosion control treatment as prescribed in subsection
(3)(i) of this rule by January 1, 1995;
(D) Systems
shall install optimal corrosion control treatment as prescribed in subsection (3)(k)
of this rule by January 1, 1997;
(E) Systems
shall complete follow-up sampling as prescribed in OAR 333-061-0036(2)(c)(D)(ii)
and (2)(c)(F)(iv) by January 1, 1998;
(F) The Authority
shall review installation of treatment and designate optimal water quality control
parameters as prescribed in subsection (3)(l) of this rule by July 1, 1998.
(G) Systems
shall operate in compliance with the Authority-specified optimal water quality control
parameters as prescribed in subsection (3)(m) of this rule and continue to conduct
tap sampling.
(b) Medium
systems (serving 3,301 to 50,000 persons) shall complete the following corrosion
control treatment steps, unless it is deemed to have optimized corrosion control
under paragraph (d)(A),(d)(B), or (d)(C) of this section:
(A) Systems
shall conduct initial tap sampling beginning July 1,1992 until the system either
exceeds the lead or copper action level or becomes eligible for reduced monitoring
under OAR 333-061-0036(2)(c)(D)(iv). A system exceeding the lead or copper action
level shall recommend optimal corrosion control treatment within six months after
the end of the monitoring period during which it exceeds one of the action levels.
(B) Within
12 months after the end of the monitoring period during which a system exceeds the
lead or copper action level, the Authority may require the system to perform corrosion
control studies. If the Authority does not require the system to perform such studies,
the Authority shall specify optimal corrosion control treatment within the following
time frames:
(i) For medium
systems, within 18 months after the end of the monitoring period during which such
system exceeds the lead or copper action level;
(ii) For
small systems, within 24 months after the end of the monitoring period during which
such system exceeds the lead or copper action level.
(C) If the
Authority requires a system to perform corrosion control studies under paragraph
(2)(b)(B) of this rule, the system shall complete the studies within 18 months after
the Authority requires that such studies be conducted.
(D) If the
system has performed corrosion control studies under paragraph (2)(b)(B) of this
rule, the Authority shall designate optimal corrosion control treatment within 6
months after completion of paragraph (2)(b)(C) of this rule.
(E) Systems
shall install optimal corrosion control treatment within 24 months after the Authority
designates such treatment.
(F) Systems
shall complete follow-up sampling within 36 months after the Authority designates
optimal corrosion control treatment.
(G) The Authority
shall review the system's installation of treatment and designate optimal water
quality control parameters within 6 months after completion of follow-up sampling.
(H) Systems
shall operate in compliance with the Authority-designated optimal water quality
control parameters and continue to conduct tap sampling.
(c) Small
systems (serving 3,300 or less persons) shall complete the corrosion control treatment
steps prescribed in subsection (2)(b) of this rule, unless it is deemed to have
optimized corrosion control under paragraphs (d)(A),(d)(B), or (d)(C) of this section.
Small systems shall conduct initial tap sampling beginning July 1, 1993.
(d) A system
is deemed to have optimized corrosion control and is not required to complete the
applicable corrosion control treatment steps identified in this section if the system
satisfies one of the following criteria. Any system deemed to have optimized corrosion
control under this rule, and which has treatment in place, shall continue to operate
and maintain optimal corrosion control treatment and meet any requirements that
the Authority determines appropriate to ensure optimal corrosion control treatment
is maintained:
(A) A small
or medium-size water system meets the lead and copper action levels during each
of two consecutive six-month monitoring periods conducted in accordance with OAR
333-061-0036(2)(c)(A) through (E).
(B) Any water
system that demonstrates to the satisfaction of the Authority that it has conducted
activities equivalent to the corrosion control steps applicable to such system under
this section. If the Authority makes this determination, it shall provide the system
with written notice explaining the basis for its decision and shall specify the
water quality control parameters representing optimal corrosion control in accordance
with subsection (3)(l) of this rule. Water systems deemed to have optimized corrosion
control under this paragraph shall operate in compliance with the Authority-designated
optimal water quality control parameters in accordance with subsection (3)(m) of
this rule and continue to conduct lead and copper tap and water quality parameter
sampling in accordance with OAR 333-061-0036(2)(c)(D)(iii) and OAR 333-061-0036(2)(c)(F)(v),
respectively. A system shall provide the Authority with the following information
in order to support a determination under this paragraph:
(i) The results
of all test samples collected for each of the water quality parameters in subsection
(3)(d) of this rule;
(ii) A report
explaining the test methods used by the water system to evaluate the corrosion control
treatments listed in subsection (3)(c) of this rule, the results of all tests conducted,
and the basis for the system's selection of optimal corrosion control treatment;
(iii) A report
explaining how corrosion control has been installed and how it is being maintained
to insure minimal lead and copper concentrations at consumers' taps; and
(iv) The
results of tap water samples collected in accordance with OAR 333-061-0036(2)(c)(A)
through (E) at least once every six months for one year after corrosion control
has been installed.
(C) Any water
system is deemed to have optimized corrosion control if it submits results of tap
water monitoring and source water monitoring conducted in accordance with OAR 333-061-0036(2)(c)(A)
through (E), (G) and (H) that demonstrates for two consecutive six-month monitoring
periods that the difference between the 90th percentile tap water lead level computed
under OAR 333-061-0030(1)(c)(A) and the highest source water lead concentration,
is less than 0.005 mg/l:
(i) Those
systems whose highest source water lead level is below the MDL may also be deemed
to have optimized corrosion control if the 90th percentile tap water lead level
is less than or equal to the PQL for lead for two consecutive 6-month monitoring
periods;
(ii) Any
water system deemed to have optimized corrosion control shall continue monitoring
for lead and copper at the tap no less frequently than once every three years using
the reduced number of sampling sites and collecting the samples at the specified
times and locations. Any such system that has not conducted a round of monitoring
since September 30, 1997, shall complete a round of monitoring no later than September
30, 2000;
(iii) Any
water system deemed to have optimized corrosion control shall notify the Authority
in writing of any upcoming long-term change in treatment (eg. changing disinfectants
or corrosion control chemicals) or the addition of a new source. The Authority 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 Authority may require any such
system to conduct additional monitoring or to take other action the Authority deems
appropriate to ensure that such systems maintain minimal levels of corrosion in
the distribution system;
(iv) As of
July 2001, a system is not deemed to have optimized corrosion control unless it
meets the copper action level.
(v) Any system
triggered into corrosion control because it is no longer deemed to have optimized
corrosion control shall implement corrosion control treatment in accordance with
the deadlines prescribed in subsections (b) and (c) of this rule. Any such large
system shall adhere to the schedule specified for medium size systems, with the
time periods for completing each step being triggered by the date the system is
no longer deemed to have optimized corrosion control.
(e) Any small
or medium-size water system that is required to complete the corrosion control steps
due to its exceedance of the lead or copper action level may cease completing the
treatment steps whenever the system meets both action levels during each of two
consecutive monitoring periods conducted pursuant to OAR 333-061-0036(2)(c)(A) through
(E) and submits the results to the Authority. If any such water system thereafter
exceeds the lead or copper action level during any monitoring period, the system
(or the Authority, as the case may be) shall recommence completion of the applicable
treatment steps, beginning with the first treatment step which was not previously
completed in its entirety. The Authority may require a system to repeat treatment
steps previously completed by the system where the Authority determines that this
is necessary to implement properly the treatment requirements of this section. The
Authority shall notify the system in writing of such a determination and explain
the basis for its decision. The requirement for any small- or medium- size system
to implement corrosion control treatment steps in accordance with subsection (2)(b)
of this rule (including systems deemed to have optimized corrosion control under
paragraph (2)(d)(A) of this rule) is triggered whenever any small- or medium- size
system exceeds the lead or copper action level.
(3) Each
system shall complete the corrosion control treatment requirements described below
which are applicable to such system under section (2) of this rule:
(a) Based
upon the results of lead and copper tap monitoring and water quality parameter monitoring,
small and medium-size water systems exceeding the lead or copper action level shall
recommend installation of one or more of the corrosion control treatments listed
in subsection (3)(c) of this rule which the system believes constitutes optimal
corrosion control for that system. The Authority may require the system to conduct
additional water quality parameter monitoring in accordance with OAR 333-061-0036(2)(c)(F)(iii)
to assist the Authority in reviewing the system's recommendation.
(b) The Authority
may require any small or medium-size system that exceeds the lead or copper action
level to perform corrosion control studies under subsection (3)(c) of this rule
to identify optimal corrosion control treatment for the system.
(c) Any public
water system performing corrosion control studies shall evaluate the effectiveness
of each of the treatments which follow, and, if appropriate, combinations of the
treatments which follow to identify the optimal corrosion control treatment for
that system. The water system shall evaluate each of the corrosion control treatments
using either pipe rig/loop tests, metal coupon tests, partial-system tests, or analyses
based on documented analogous treatments with other systems of similar size, water
chemistry and distribution system configuration:
(A) Alkalinity
and pH adjustment;
(B) Calcium
hardness adjustment; and
(C) The addition
of a phosphate or silicate based corrosion inhibitor at a concentration sufficient
to maintain an effective residual concentration in all test tap samples.
(d) The water
system shall measure the following water quality parameters in any tests conducted
under this subsection before and after evaluating the corrosion control treatments
listed in subsection (3)(c) of this rule:
(A) Lead;
(B) Copper;
(C) pH;
(D) Alkalinity;
(E) Calcium;
(F) Conductivity;
(G) Orthophosphate
(when an inhibitor containing a phosphate compound is used);
(H) Silicate
(when an inhibitor containing a silicate compound is used);
(I) Water
temperature.
(e) Any additional
chemical treatment approaches considered by the water system shall be evaluated
by the water system by conducting appropriate studies and analyses approved by the
Authority that are equivalent in scope to the studies and analyses required in this
section.
(f) The water
system shall identify all chemical or physical constraints that limit or prohibit
the use of a particular corrosion control treatment and document such constraints
with at least one of the following:
(A) Data
and documentation showing that a particular corrosion control treatment has adversely
affected other water treatment processes when used by another water system with
comparable water quality characteristics; and/or
(B) Data
and documentation demonstrating that the water system has previously attempted to
evaluate a particular corrosion control treatment and has found that the treatment
is ineffective or adversely affects other water quality treatment processes.
(g) The water
system shall evaluate the effect of the chemicals used for corrosion control treatment
on other water quality treatment processes.
(h) On the
basis of an analysis of the data generated during each evaluation, the water system
shall recommend to the Authority in writing the treatment option that the corrosion
control studies indicate constitutes optimal corrosion control treatment for that
system. The water system shall provide a rationale for its recommendation along
with all supporting documentation specified in subsections (3)(c) through (g) of
this rule.
(i) Based
upon consideration of available information including, where applicable, studies
performed under subsection (3)(c) through (g) of this rule and a system's recommended
treatment alternative, the Authority shall either approve the corrosion control
treatment option recommended by the system, or designate alternative corrosion control
treatment(s) from among those listed in subsection (3)(c) of this rule. When designating
optimal treatment the Authority shall consider the effects that additional corrosion
control treatment will have on water quality parameters and on other water quality
treatment processes.
(j) The Authority
shall notify the system of its decision on optimal corrosion control treatment in
writing and explain the basis for this determination. If the Authority requests
additional information to aid its review, the water system shall provide the information.
(k) Each
system shall properly install and operate throughout its distribution system the
optimal corrosion control treatment designated by the Authority under subsection
(3)(i) of this rule.
(l) The Authority
shall evaluate the results of all lead and copper tap samples and water quality
parameter samples submitted by the water system and determine whether the system
has properly installed and operated the optimal corrosion control treatment designated
by the Authority in subsection (3)(i) of this rule. Upon reviewing the results of
tap water and water quality parameter monitoring by the system, both before and
after the system installs optimal corrosion control treatment, the Authority shall
designate values for the applicable water quality control parameters as listed below
and shall be those that the Authority determines to reflect optimal corrosion control
treatment for the system. The Authority may designate values for additional water
quality control parameters determined by the Authority to reflect optimal corrosion
control for the system. The Authority shall notify the system in writing of these
determinations and explain the basis for its decisions.
(A) A minimum
value or a range of values for pH measured at each entry point to the distribution
system;
(B) A minimum
pH value, measured in all tap samples. Such value shall be 7.0, unless the Authority
determines that meeting a pH level of 7.0 is not technologically feasible or is
not necessary for the system to optimize corrosion control;
(C) If a
corrosion inhibitor is used, a minimum concentration or a range of concentrations
for the inhibitor, measured at each entry point to the distribution system and in
all tap samples, that the Authority determines is necessary to form a passivating
film on the interior walls of the pipes of the distribution system;
(D) If alkalinity
is adjusted as part of optimal corrosion control treatment, a minimum concentration
or a range of concentrations for alkalinity, measured at each entry point to the
distribution system and in all tap samples;
(E) If calcium
carbonate stabilization is used as part of corrosion control, a minimum concentration
or a range of concentrations for calcium, measured in all tap samples.
(m) All systems
that have installed treatment optimizing corrosion control shall continue to operate
and maintain optimal corrosion control treatment, including maintaining water quality
parameters at or above minimum values or within ranges designated by the Authority
under subsection (3)(l) of this rule for all samples collected under OAR 333-061-0036(2)(c)(F)(v)-(vii).
Compliance shall be determined every six months, as specified under OAR 333-061-0036(2)(c)(F)(v).
A water system is out of compliance for a six-month period if it has excursions
for any Authority-designated water quality parameter on more than nine days during
the period. An excursion occurs whenever the daily value for one or more of the
water quality parameters measured at a sampling location is below the minimum value
or outside the range designated by the Authority. Daily values are calculated as
follows:
(A) On days
when more than one measurement for the water quality parameter is collected at the
sampling location, the daily value shall be the average of all results collected
during the day regardless of whether they are collected through continuous monitoring,
grab sampling or a combination of both;
(B) On days
when only one measurement for the water quality parameter is collected at the sampling
location, the daily value shall be the result of that measurement.
(C) On days
when no measurement is collected for the water quality parameter at the sampling
location, the daily value shall be the daily value calculated on the most recent
day on which the water quality parameter was measured at the sample site;
(n) Upon
its own initiative or in response to a request by a water system or other interested
party, the Authority may modify its determination of the optimal corrosion control
treatment under subsection (3)(i) of this rule or optimal water quality control
parameters under subsection (3)(l) of this rule. A request for modification by a
system or other interested party shall be in writing, explain why the modification
is appropriate, and provide supporting documentation. The Authority may modify its
determination where it concludes that such change is necessary to ensure that the
system continues to optimize corrosion control treatment. A revised determination
shall be made in writing, set forth the new treatment requirements, explain the
basis for the Authority's decision, and provide an implementation schedule for completing
the treatment modifications.
(4) Source
water treatment requirements:
(a) Systems
shall complete the applicable source water monitoring and treatment requirements
prescribed in subsection (4)(b) of this rule and OAR 333-061-0036(2)(c)(A) through
(E), (G) and (H) by the following deadlines:
(A) A system
exceeding the lead or copper action level shall complete lead and copper source
water monitoring as prescribed in OAR 333-061-0036(2)(c)(G) and (H) and make a treatment
recommendation to the Authority as prescribed in paragraph (4)(b)(A) of this rule
no later than 180 days after the end of the monitoring period during which the lead
or copper action level was exceeded.
(B) The Authority
shall make a determination regarding source water treatment as prescribed in paragraph
(4)(b)(B) of this rule within 6 months after submission of monitoring results required
under paragraph (4)(a)(A) of this rule.
(C) If the
Authority requires installation of source water treatment, the system shall install
the treatment as prescribed in paragraph (4)(b)(C) of this rule within 24 months
after completion of requirements prescribed in paragraph (4)(a)(B) of this rule.
(D) The system
shall complete follow-up tap water monitoring as prescribed in OAR 333-061-0036(2)(c)(D)(ii)
and source water monitoring as prescribed in OAR 333-061-0036(2)(c)(I) within 36
months after completion of requirements prescribed in paragraph (4)(a)(B) of this
rule.
(E) The Authority
shall review the system's installation and operation of source water treatment and
specify maximum permissible source water levels as prescribed in paragraph (4)(b)(D)
of this rule within 6 months after completion of requirements prescribed in paragraph
(4)(a)(D) of this rule.
(F) The system
shall operate in compliance with the Authority-specified maximum permissible lead
and copper source water levels as prescribed in paragraph (4)(b)(D) of this rule
and continue source water monitoring as prescribed in OAR 333-061-0036(2)(c)(J).
(b) Source
water treatment description:
(A) Any system
which exceeds the lead or copper action level shall recommend in writing to the
Authority the installation and operation of one of the source water treatments listed
in paragraph (4)(b)(B) of this rule. A system may recommend that no treatment be
installed based upon a demonstration that source water treatment is not necessary
to minimize lead and copper levels at users' taps.
(B) The Authority
shall complete an evaluation of the results of all source water samples submitted
by the water system to determine whether source water treatment is necessary to
minimize lead or copper levels in water delivered to users' taps. If the Authority
determines that treatment is needed, the Authority shall either require installation
and operation of the source water treatment recommended by the system (if any) or
require the installation and operation of another source water treatment from among
the following: ion exchange, reverse osmosis, lime softening or coagulation/filtration.
If the Authority requests additional information to aid in its review, the water
system shall provide the information by the date specified by the Authority in its
request. The Authority shall notify the system in writing of its determination and
set forth the basis for its decision.
(C) Each
system shall properly install and operate the source water treatment designated
by the Authority under paragraph (4)(b)(B) of this rule.
(D) The Authority
shall review the source water samples taken by the water system both before and
after the system installs source water treatment, and determine whether the system
has properly installed and operated the source water treatment designated by the
Authority. Based upon its review, the Authority shall designate the maximum permissible
lead and copper concentrations for finished water entering the distribution system.
Such levels shall reflect the contaminant removal capability of the treatment properly
operated and maintained. The Authority shall notify the system in writing and explain
the basis for its decision.
(E) Each
water system shall maintain lead and copper levels below the maximum permissible
concentrations designated by the Authority at each sampling point monitored in accordance
with OAR 333-061-0036(2)(c)(G) through (K). The system is out of compliance with
this paragraph if the level of lead or copper at any sampling point is greater than
the maximum permissible concentration designated by the Authority.
(F) Upon
its own initiative or in response to a request by a water system or other interested
party, the Authority may modify its determination of the source water treatment
under paragraph (4)(b)(B) of this rule, or maximum permissible lead and copper concentrations
for finished water entering the distribution system under paragraph (4)(b)(D) of
this rule. A request for modification by a system or other interested party shall
be in writing, explain why the modification is appropriate, and provide supporting
documentation. The Authority may modify its determination where it concludes that
such change is necessary to ensure that the system continues to minimize lead and
copper concentrations in source water. A revised determination shall be made in
writing, set forth the new treatment requirements, explain the basis for the Authority's
decision, and provide an implementation schedule for completing the treatment modifications.
(5) All water
systems must deliver a consumer notice of lead tap water monitoring results to persons
served by the water system at sites that are tested, as specified in subsection
(5)(e) of this rule. Water systems that exceed the lead action level must sample
the tap water of any customer who requests it in accordance with subsection (5)(d)
of this rule. A water system that exceeds the lead action level based on tap water
samples collected in accordance with OAR 333-061-0036(2)(c)(A) through (E) shall
deliver the public education materials contained in subsections (5)(a) and (b) of
this rule in accordance with the requirements in subsection (5)(c) of this rule.
(a) Content
of written materials. Community and non-transient non-community water system(s)
shall include the following elements in all of the printed materials it distributes
through its lead public education program in the same order listed below. Paragraphs
(5)(a)(A), (B) and (F) of this rule must be included in the materials exactly as
written except for the text in braces in these paragraphs for which the system must
include system-specific information. Any additional information presented by a system
shall be consistent with the information below and be in plain language that can
be understood by the general public. Water systems must submit all written public
education materials to the Authority prior to delivery.
(A) IMPORTANT
INFORMATION ABOUT LEAD IN YOUR DRINKING WATER. {INSERT NAME OF WATER SYSTEM} found
elevated levels of lead in drinking water in some homes/buildings. Lead can cause
serious health problems, especially for pregnant women and young children. Please
read this information closely to see what you can do to reduce lead in your drinking
water.
(B) HEALTH
EFFECTS OF LEAD: Lead can cause serious health problems if too much enters your
body from drinking water or other sources. It can cause damage to the brain and
kidneys, and can interfere with the production of red blood cells that carry oxygen
to all parts of the body. The greatest risk of lead exposure is to infants, young
children and pregnant women. Scientists have linked the effects of lead on the brain
with lowered IQ in children. Adults with kidney problems and high blood pressure
can be affected by low levels of lead more than healthy adults. Lead is stored in
the bones, and it can be released later in life. During pregnancy, the child receives
lead from the mother's bones, which may affect brain development.
(C) SOURCES
OF LEAD:
(i) Explain
what lead is.
(ii) Explain
the possible sources of lead in drinking water and how lead enters drinking water.
Include information on home/building plumbing materials and service lines that contain
lead.
(iii) Discuss
other important sources of lead exposure in addition to drinking water (e.g., paint).
(D) STEPS
THE CONSUMER CAN TAKE TO REDUCE THEIR EXPOSURE TO LEAD IN DRINKING WATER:
(i) Encourage
running the water to flush out the lead.
(ii) Explain
concerns with using hot water from the tap and specifically caution against the
use of hot water for preparing baby formula.
(iii) Explain
that boiling water does not reduce lead levels.
(iv) Discuss
other options consumers can take to reduce exposure to lead in drinking water, such
as alternative sources or treatment of water.
(v) Suggest
that parents have their child's blood tested for lead.
(E) Explain
why there are elevated levels of lead in the system's drinking water (if known)
and what the water system is doing to reduce the lead levels in homes/buildings
in this area.
(F) For more
information, call us at {INSERT YOUR NUMBER}, {(if applicable include the following)
or visit our web site at {INSERT YOUR WEB SITE HERE}}. For more information on reducing
lead exposure around your home/building and the health effects of lead, visit EPA's
web site at http://www.epa.gov/lead or contact your health care provider.
(b) Community
water systems must also:
(A) Tell
consumers how to get their water tested;
(B) Discuss
lead in plumbing components and the difference between low lead and lead free.
(c) Delivery
of public education materials.
(A) For public
water systems serving a large proportion of non-English speaking consumers, as determined
by the Authority, the public education materials must contain information in the
appropriate language(s) regarding the importance of the notice or contain a telephone
number or address where persons served may contact the water system to obtain a
translated copy of the public education materials or to request assistance in the
appropriate language.
(B) A community
water system that exceeds the lead action level on the basis of tap water samples
collected in accordance with tap water monitoring requirements of these rules and
that is not already conducting public education tasks under this rule must conduct
the public education tasks under this section within 60 days after the end of the
monitoring period in which the exceedance occurred.
(i) Deliver
printed materials meeting the content requirements of subsections (5)(a) and (5)(b)
of this rule to all bill paying customers;
(ii) Contact
customers who are most at risk by delivering education materials that meet the content
requirements of subsections (5)(a) and (5)(b) of this rule to local public health
agencies even if they are not located within the water system's service area, along
with an informational notice that encourages distribution to all the organization's
potentially affected customers or community water system's users. The water system
must contact the local public health agencies directly by phone or in person. The
local public health agencies may provide a specific list of additional community
based organizations serving target populations, which may include organizations
outside the service area of the water system. If such lists are provided, systems
must deliver education materials that meet the content requirements of subsections
(5)(a) and (5)(b) of this rule to all organizations on the provided lists.
(iii) Contact
customers who are most at risk by delivering materials that meet the content requirements
of subsections (5)(a) and (5)(b) of this rule to public and private schools or school
boards; Women, Infants and children (WIC), and Head Start programs; public and private
hospitals and medical clinics; Pediatricians; family planning clinics; and local
welfare agencies located within the water system's service area along with an informational
notice that encourages distribution to all of the organization's potentially affected
customers or community water system's users.
(iv) Make
a good faith effort to locate licensed childcare centers; public and private preschools;
and Obstetricians-Gynecologists and Midwives within the service area and deliver
materials that meet the content requirements of subsections (5)(a) and (5)(b) of
this rule to them, along with an informational notice that encourages distribution
to all potentially affected customers or users. The good faith effort to contact
at-risk customers may include requesting a specific contact list of these organizations
from the local public health agencies, even if the agencies are not located within
the water system's service area.
(v) No less
often than quarterly, provide information on or in each water bill as long as the
system exceeds the action level for lead. The message on the water bill must include
the following statement exactly as written except for the text in braces for which
the water system must include system-specific information: {INSERT NAME OF WATER
SYSTEM} found high levels of lead in drinking water in some homes. Lead can cause
serious health problems. For more information please call {INSERT NAME OF WATER
SYSTEM}, {(if applicable include the following) or visit our web site at {INSERT
YOUR WEB SITE HERE}}. The message or delivery mechanisms can be modified in consultation
with the Authority; specifically the Authority may allow a separate mailing of public
education materials to customers if the water system cannot place the information
on water bills.
(vi) Post
material meeting the content requirements of subsection (5)(a) and (5)(b) of this
rule on the water system's web site if the system serves a population greater than
100,000.
(vii) Submit
a press release to newspaper, television and radio stations.
(viii) In
addition to (5)(c)(B)(i) through (vii) of this rule systems must implement at least
three activities from the following: public service announcements; paid advertisements;
public area information displays; emails to customers; public meetings; household
deliveries, targeted individual customer contact; direct material distribution to
all multi-family homes and institutions or other methods approved by the Authority.
The educational content and selection of these activities must be determined in
consultation with the Authority.
(ix) For
systems that are required to conduct monitoring annually or less frequently, the
end of the monitoring period is September 30 of the calendar year in which the sampling
occurs, or, if the Authority has established an alternate monitoring period, the
last day of that period.
(C) As long
as a community water system exceeds the action level, it must repeat the activities
in subsection (5)(c) of this rule as follows:
(i) A community
water system shall repeat the tasks contained in (5)(c)(B)(i),(ii),(iii),(iv) and
(viii) of this rule every 12 months.
(ii) A community
water system shall repeat tasks contained in (5)(c)(B)(v) of this rule with each
billing cycle.
(iii) A community
water system serving a population greater than 100,000 shall post and retain material
on a publicly accessible web site pursuant to (5)(c)(B)(vi) of this rule.
(iv) The
community water system shall repeat the task in (5)(c)(B)(vii) of this rule twice
every 12 months on a schedule agreed upon with the Authority. The Authority can
allow activities in (5)(c)(B) of this rule to extend beyond the 60-day requirement
if needed for implementation purposes on a case-by-case basis; however, this extension
must be approved in writing by the Authority in advance of the 60-day deadline.
(D) Within
60 days after the end of the monitoring period in which the exceedance occurred
(unless it already is repeating public education tasks), a non-transient non-community
water system shall deliver the public education materials specified by (5)(a) of
this rule as follows:
(i) Post
informational posters on lead in drinking water in a public place or common area
in each of the buildings served by the system; and
(ii) Distribute
informational pamphlets and/or brochures on lead in drinking water to each person
served by the non-transient non-community water system. The Authority may allow
the system to utilize electronic transmission in lieu of or combined with printed
materials as long as it achieves at least the same coverage.
(iii) For
systems that are required to conduct monitoring annually or less frequently, the
end of the monitoring period is September 30 of the calendar year in which the sampling
occurs, or, if the Authority has established an alternate monitoring period, the
last day of that period.
(E) A non-transient
non-community water system shall repeat the tasks contained in (5)(c)(D) at least
once during each calendar year in which the system exceeds the action level. The
Authority can allow activities to extend beyond the 60-day requirement if needed
for implementation purposes on a case-by-case basis, however, this extension must
be approved in writing by the Authority in advance of the 60-day deadline.
(F) A water
system may discontinue delivery of public education materials if the system has
met the lead action level during the most recent six-month monitoring period conducted
pursuant to the monitoring requirements of these rules. Such a system shall recommence
public education requirements if it subsequently exceeds the lead action level during
any monitoring period.
(G) A community
water system may apply to the Authority, in writing to use only the text specified
in (5)(a) of this rule in lieu of the text in (5)(a) and (5)(b) of this rule and
to perform the tasks listed in (5)(c)(D) and (E) in lieu of the tasks in (5)(c)(B)
and (C) of this rule if:
(i) The system
is a facility, such as a prison or a hospital, where the population served is not
capable of or is prevented from making improvements to plumbing or installing point
of use treatment devices: and
(ii) The
system provides water as part of the cost of services provided and does not separately
charge for water consumption.
(H) A community
water system serving 3,300 or fewer people may limit certain aspects of their public
education programs as follows:
(i) With
respect to the requirements of (5)(c)(B)(viii), a system serving 3,300 or fewer
must implement at least one of the activities listed.
(ii) With
respect to the requirements of (5)(c)(B)(ii), (iii) and (iv) of this rule, a system
serving 3,300 or fewer people may limit the distribution of the public education
materials required to facilities and organizations served by the system that are
most likely to be visited regularly by pregnant women and children.
(iii) With
respect to the requirements of (5)(c)(B)(vii) of this rule the Authority may waive
this requirement for systems serving 3,300 or fewer persons as long as the system
distributes notices to every household served by the system.
(d) Supplemental
monitoring and notification of results. A water system that fails to meet the lead
action level on the basis of tap samples collected in accordance with OAR 333-061-0036(2)(c)(A)
through (E) shall offer to sample the tap water of any customer who requests it.
The system is not required to pay for collecting or analyzing the sample, nor is
the system required to collect and analyze the sample itself.
(e) Notification
of results.
(A) All water
systems must provide a notice of the individual tap results from lead tap water
monitoring carried out under the monitoring requirements of these rules to the persons
served by the water system at the specific sampling site from which the sample was
taken (e.g. the occupants of the residence where the tap was tested).
(B) A water
system must provide the consumer notice as soon as practical, but no later than
30 days after the system learns of the tap monitoring results.
(C) The consumer
notice must include the results of lead tap water monitoring for the tap that was
tested, an explanation of the health effects of lead, list steps consumers can take
to reduce exposure to lead in drinking water and contact information for the water
utility. The notice must also provide the maximum contaminant level goal and the
action level for lead and the definitions for these two terms.
(D) The Consumer
notice must be provided to persons served at the tap that was tested, either by
mail or by another method approved by the Authority. For example, upon approval
by the Authority, a non-transient, non-community water system could post the results
on a bulletin board in the facility to allow users to review the information. The
system must provide the notice to customers at sample taps tested, including consumers
who do not receive water bills.
[Publications: Publications
referenced are available from the agency.]
Stat. Auth.:
ORS 448.131

Stats. Implemented:
ORS 431.110, 431.150, 448.131, 448.150 & 448.273

Hist.: HD
12-1992, f. & cert. ef. 12-7-92; HD 3-1994, f. & cert. ef. 1-14-94; HD 1-1996,
f. 1-2-96, cert. ef. 1-5-96; OHD 7-2000, f. 7-1-00, cert. ef. 7-15-00; OHD 23-2001,
f. & cert. ef. 10-31-01; OHD 17-2002, f. & cert. ef. 10-25-02; PH 16-2004(Temp),
f. & cert. ef. 4-9-04 thru 10-5-04; PH 20-2004, f. & cert. ef. 6-18-04;
PH 33-2004, f. & cert. ef. 10-21-04; PH 2-2008, f. & cert. ef. 2-15-08;
PH 4-2009, f. & cert. ef. 5-18-09; PH 7-2010, f. & cert. ef. 4-19-10; PH
3-2013, f. & cert. ef. 1-25-13
333-061-0036
Sampling
and Analytical Requirements
(1) General:
(a) Analyses
must be conducted by EPA approved methods in accordance with the analytical requirements
set forth in 40 CFR 141. Samples analyzed for the purposes of this rule shall be
collected after the water has been allowed to flow from the sample tap for a sufficient
length of time to assure that the collected sample is representative of water in
the distribution system or from the water source as applicable, except for samples
collected to determine corrosion by-products. Analysis and handling of Cryptosporidium
and E. coli samples collected in accordance with subsections (5)(e) through (5)(h)
of this rule must be conducted using EPA approved methods and must meet the requirements
set forth in 40 CFR 141.704.
(b) Alternate
Analytical Methods:
(A) With
the written permission of the Authority, and concurred in by the Administrator of
the U.S. EPA, an alternate analytical method may be employed on the condition that
it is substantially equivalent to the prescribed test in both precision and accuracy
as it relates to the determination of compliance with any MCL; and
(B) The use
of the alternate analytical method shall not decrease the frequency of sampling
required by these rules.
(c) Accredited
laboratories:
(A) For the
purpose of determining compliance with the maximum contaminant levels and the sampling
requirements of these rules, the Authority will only accept results from samples
that have been handled and documented in accordance with Oregon Environmental Laboratory
Accreditation Program (ORELAP) standards, and analyzed by a laboratory accredited
by ORELAP, except as prescribed by paragraph (1)(c)(D) of this rule. Accredited
laboratories will be considered a primary or subcontracted laboratory as specified
by subparagraphs (1)(c)(A)(i) and (ii) of this rule.
(i) A primary
laboratory is the first accredited laboratory that receives a compliance sample
for analysis, and is responsible for chain of custody documentation (if applicable),
performing the analytical method on a compliance sample (if applicable), final report
review, and submission of results to the water system and the Authority as specified
in OAR 333-061-0040(1)(b)(B). Primary laboratories must hold primary or secondary
ORELAP accreditation.
(ii) A subcontracted
laboratory is an accredited laboratory that performs the analytical method on a
compliance sample, and is responsible for sample analysis and result reporting to
the primary laboratory as specified in OAR 333-061-0040(1)(b)(B). Subcontracted
laboratories must hold ORELAP primary or secondary accreditation for the appropriate
method(s).
(B) All analysis
for Cryptosporidium must be conducted by a laboratory that is approved by EPA’s
Laboratory Quality Assurance Evaluation Program for Analysis of Cryptosporidium
in Water or a laboratory certified for Cryptosporidium analysis by the Authority.
(d) Monitoring
of purchasing water systems:
(A) When
a public water system obtains its water, in whole or in part, from one or more public
water systems, the monitoring requirements imposed by these rules on the purchasing
water system may be modified by the Authority to the extent that the system supplying
the water is in compliance with its source monitoring requirements. When a public
water system supplies water to one or more other public water systems, the Authority
may modify monitoring requirements imposed by this rule to the extent that the interconnection
of the systems justifies treating them as a single system for monitoring purposes.
(B) Any modified
monitoring shall be conducted pursuant to a schedule specified by the Authority
and concurred in by the Administrator of the US Environmental Protection Agency.
(e) Water
suppliers shall monitor each water source individually for contaminants listed in
OAR 333-061-0030 (Maximum Contaminant Levels), except for coliform bacteria, TTHMs
and corrosion by-products, at the entry point to the distribution system except
as described below. Any such modified monitoring shall be conducted pursuant to
a schedule prescribed by the Authority.
(A) If the
system draws water from more than one source and sources are combined before distribution,
the system may be allowed to sample at an entry point to the distribution system
during normal operating conditions, where justified, taking into account operational
considerations, geologic and hydrologic conditions, and other factors.
(B) If a
system draws water from multiple ground water sources which are not combined before
distribution, the system may be allowed to sample at a representative source or
sources, where justified, taking into account geologic and hydrogeologic conditions,
land uses, well construction, and other factors.
(f) Compliance
with MCLs shall be based on each sampling point as described in this section. If
any point is determined to be out of compliance, the system shall be deemed out
of compliance. If an entirely separated portion of a water system is out of compliance,
then only that portion of the system shall be deemed out of compliance.
(g) The Authority
may require additional sampling and analysis for the contaminants included in OAR
333-061-0030 (Maximum Contaminant Levels) when necessary to determine whether an
unreasonable risk to health exists. The Authority may also require sampling and
analysis for additional contaminants not included in OAR 333-061-0030 (Maximum Contaminant
Levels) when necessary for public health protection.
(h) Water
suppliers and their appointed representatives shall collect water samples from representative
locations in the water system as prescribed in this rule and shall employ proper
sampling procedures and techniques. Samples submitted to laboratories for analysis
shall be clearly identified and shall include the name of the water system, public
water system identification number, sampling date, and time, sample location identifying
the sample tap, the name of the person collecting the sample and be labeled as follows:
(A) Routine:
These are samples collected from established sampling locations within a water system
at specified frequencies to satisfy monitoring requirements as prescribed in this
rule. These samples are used to calculate compliance with maximum contaminant levels
prescribed in OAR 333-061-0030(4);
(B) Repeat:
These are samples collected as a follow-up to a routine sample that has exceeded
a maximum contaminant level as prescribed in OAR 333-061-0030. Repeat samples are
also used to calculate compliance with maximum contaminant levels prescribed in
OAR 333-061-0030(4);
(C) Special:
These are samples collected to supplement routine monitoring samples and are not
required to be reported to the Authority. Samples of this type are not considered
representative of the water system and are outside the scope of normal quality assurance
and control procedures and/or the established compliance monitoring program. Special
samples include, but are not limited to, samples taken for special studies, user
complaints, post construction/repair disinfection, sources not in service and raw
water prior to treatment, except as required by this rule.
(i) Measurements
for turbidity, disinfectant residual, temperature, alkalinity, calcium, conductivity,
chlorite, bromide, TOC, SUVA, dissolved organic carbon, UV254, orthophosphate, silica
and pH may be performed on site using approved methods by individuals trained in
sampling and testing techniques. Daily chlorite samples measured at the entrance
to the distribution system must be performed by a party approved by the Authority.
(j) Nothing
in these rules shall be construed to preclude the Authority or any of its duly authorized
representatives from taking samples and from using the results of such samples to
determine compliance with applicable requirements of these rules.
(k) Wellfield
Determination
(A) Water
systems possessing two or more wells that separately supply water to the distribution
system may be eligible to have those wells considered as a wellfield source for
monitoring purposes provided the requirements of this rule are met. Information
pertinent to determining whether the wellfield designation is appropriate can be
found in the water system's Source Water Assessment Report.
(B) To be
classified as a wellfield, the wells must meet the following criteria:
(i) The wells
must be within 2,500 feet of one another or as determined in a state approved hydrogeological
study to minimize inter-well interference drawdowns. For wells located in a low-impact
land use area, this criterion may be waived at the discretion of the Authority.
(ii) The
wells must produce from the same and no other aquifer. This criterion is determined
using source water assessment results, based on well reports, maps and other hydrogeological
information.
(C) To be
considered for wellfield designation, the water supplier must submit the following
to the Authority:
(i) A schematic
drawing showing all sources, entry points and relevant sample taps;
(ii) A map
and description of the land use activities within the respective wellhead protection
areas (using the inventory section of the Source Water Assessment Report); and
(iii) A description
of the pumping patterns.
(D) If a
water system's wells are considered to comprise a wellfield, the susceptibility
analysis conducted during the source water assessment is utilized to determine the
sampling point(s). Table 15 summarizes the alternatives: [Table not included. See
ED. NOTE.]
(E) To determine
the most susceptible well, the area within the two-year time-of-travel is considered.
The Authority will consider the potential contaminant source inventory determined
during the source water assessment, the aquifer sensitivity, pumping patterns and
other pertinent hydrogeological information.
(F) The Authority
may still designate more than one entry point within the wellfield as a sampling
point if well construction or land use practices warrant. For a large area containing
numerous wells, sub-wellfields may be identified, each with its own sample site
designation.
(2) Inorganic
chemicals:
(a) Antimony,
Arsenic, Barium, Beryllium, Cadmium, Chromium, Cyanide, Fluoride, Mercury, Nickel,
Selenium and Thallium.
(A) Sampling
of water systems for regulated Inorganic Chemicals shall be conducted as follows:
(i) Community
and Non-Transient Non-Community Water systems using surface water sources or groundwater
sources under the direct influence of surface water solely or a combination of surface
and ground water sources shall sample at each point in the distribution system representative
of each source after treatment or at entry points to the distribution system after
any application of treatment. Surface water systems shall collect samples annually
at each sampling point beginning in the initial compliance period according to the
schedule in subsection (2)(j) of this rule. The water system shall take each sample
at the same sampling point unless conditions make another sampling point more representative
of each source or treatment plant.
(ii) Community
and Non-Transient Non-Community Water systems using ground water sources shall sample
at each point in the distribution system representative of each source after treatment
or at entry points to the distribution system representative of each source after
any application of treatment. Ground water systems shall collect samples once every
three years at each sampling point beginning in the initial compliance period according
to the schedule in subsection (2)(j) of this rule. The water system shall take each
sample at the same sampling point unless conditions make another sampling point
more representative of each source or treatment plant.
(iii) All
new Transient Non-Community and State Regulated water systems or existing Transient
Non-Community, and State Regulated water systems with new sources shall sample once
for arsenic. Samples are to be collected at the entry points to the distribution
system representative of each source after any application of treatment.
(iv) If a
system draws water from more than one source and the sources are combined before
distribution, the system must sample at an entry point to the distribution system
during periods of normal operating conditions when water is representative of all
the sources being used.
(v) A water
system with two or more wells that have been determined to constitute a "wellfield"
as specified in subsection (1)(k) of this rule may reduce sampling to only those
entry point(s) designated by the Authority.
(B) The Authority
may allow compositing of samples from a maximum of 5 sampling points, provided that
the detection limit of the method used for analysis is less than one-fifth of the
MCL. Compositing of samples is to be done in the laboratory. Composite samples must
be analyzed within 14 days of collection. If the concentration in the composite
sample is equal to or greater than one-fifth of the MCL of any inorganic chemical
listed in section (2) of this rule, then a follow-up sample must be taken for the
contaminants which exceeded one-fifth of the MCL within 14 days at each sampling
point included in the composite. If duplicates of the original sample taken from
each sampling point used in the composite are available, the system may use these
instead of resampling. The duplicates must be analyzed and the results reported
to the Authority within 14 days of collection. If the population served by the water
system is >3,300 persons, then compositing can only be allowed within the system.
In systems serving ≤3,300 persons, compositing is allowed among multiple systems
provided the 5 sample limit is maintained.
(C) Water
systems may apply to the Authority for a waiver from the monitoring frequencies
specified in paragraph (2)(a)(A) of this rule on the condition that the system shall
take a minimum of one sample while the waiver is effective and the effective period
for the waiver shall not exceed one nine-year compliance cycle.
(i) The Authority
may grant a waiver provided surface water systems have monitored annually for at
least three years and groundwater systems have conducted a minimum of three rounds
of monitoring (at least one sample shall have been taken since January 1, 1990),
and all analytical results are less than the maximum contaminant levels prescribed
in OAR 333-061-0030 for inorganic chemicals. Systems that use a new water source
are not eligible for a waiver until three rounds of monitoring from the new source
have been completed.
(ii) Waivers
granted by the Authority shall be in writing and shall set forth the basis for the
determination. The Authority shall review and revise, where appropriate, its determination
of the appropriate monitoring frequency when the system submits new monitoring data
or where other data relevant to the system's appropriate monitoring frequency become
available. In determining the appropriate reduced monitoring frequency, the Authority
shall consider the reported concentrations from all previous monitoring; the degree
of variation in reported concentrations; and other factors which may affect concentrations
such as changes in groundwater pumping rates, changes in the system's configuration,
changes in the system's operating procedures, or changes in stream flows or characteristics.
(D) Systems
which exceed the maximum contaminant levels as calculated in subsection (2)(i) of
this rule shall monitor quarterly beginning in the next quarter after the violation
occurred. The Authority may decrease the quarterly monitoring requirement to the
frequencies prescribed in paragraph (2)(a)(A) of this rule when it is determined
that the system is reliably and consistently below the maximum contaminant level.
Before such a decrease is permitted a groundwater system must collect at least two
quarterly samples and a surface water system must collect a minimum of four quarterly
samples.
(E) All new
systems or systems that use a new source of water must demonstrate compliance with
the MCL within a period of time specified by the Authority. The system must also
comply with the initial sampling frequencies specified by the Authority to ensure
a system can demonstrate compliance with the MCL. Routine and increased monitoring
frequencies shall be conducted in accordance with the requirements in this section.
(b) Asbestos:
(A) Community
and Non-Transient Non-Community water systems regardless of source, shall sample
for Asbestos at least once during the initial three-year compliance period of each
nine-year compliance cycle starting January 1, 1993 according to the schedule under
subsection (2)(j) of this rule unless a water system applies for a waiver and the
waiver is granted by the Authority.
(B) As reviewed
by the Authority, if the water system is determined not to be vulnerable to either
asbestos contamination in its source water or due to corrosion of asbestos-cement
pipe, or both, a waiver may be granted. If granted, the water system will not be
required to monitor while the waiver remains in effect. A waiver remains in effect
until the completion of the three year compliance period.
(C) A system
vulnerable to asbestos contamination due solely to corrosion of asbestos-cement
pipe shall take one sample at a tap served by the asbestos-cement pipe under conditions
where asbestos contamination is most likely to occur.
(D) A system
vulnerable to asbestos contamination due solely to source water shall monitor for
asbestos once every nine years.
(E) A system
vulnerable to asbestos contamination due both to its source water supply and corrosion
of asbestos-cement pipe shall take one sample at a tap served by asbestos-cement
pipe and under conditions where asbestos contamination is most likely to occur.
(F) A System
which exceeds the maximum contaminant levels for asbestos as prescribed in subsection
(2)(i) of this rule shall monitor quarterly beginning in the next quarter after
the violation occurred. If the Authority determines that the system is reliably
and consistently below the maximum contaminant level based on a minimum of two quarterly
samples for groundwater systems or a minimum of four quarterly samples for surface
water systems or combined surface water/groundwater systems, the system may return
to the sampling frequency prescribed in paragraph (2)(b)(A) of this rule.
(G) If monitoring
data collected after January 1, 1990 are generally consistent with subsection (2)(b)
of this rule, then the Authority may allow the system to use these data to satisfy
monitoring requirements for the three-year compliance period beginning January 1,
1993.
(c) Lead
and Copper:
(A) Community
and Non-Transient, Non-Community water systems shall monitor for lead and copper
in tap water as follows: Sample site location:
(i) 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 paragraph, and which is sufficiently large to ensure that the water system
can collect the number of lead and copper tap samples required in paragraph (2)(c)(C)
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.
(ii) In addition
to any information that may have been gathered under the special corrosivity monitoring
requirements, the water system shall review the sources of information listed below
in order to identify a sufficient number of sampling sites:
(I) 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; and
(II) 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.
(iii) 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 from January 1, 1983 through June 30, 1985 or contain lead
pipes. When multiple-family residences comprise at least 20 percent of the structures
served by a water system, the system may include these types of structures in its
sampling pool.
(iv) 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 from January 1,
1983 through June 30, 1985 or contain lead pipes.
(v) 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 system.
(vi) The
sampling sites selected for a Non-Transient Non-Community water system ("tier 1
sampling sites") shall consist of buildings that contain copper pipes with lead
solder installed from January 1, 1983 through June 30, 1985 or contain lead pipes.
(vii) A Non-Transient
Non-Community water system with insufficient tier 1 sites that meet the targeting
criteria in subparagraph (2)(c)(A)(vi) 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, the 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.
(viii) Any
water system whose sampling pool does not consist exclusively of tier 1 sites shall
demonstrate in a letter submitted to the Authority under OAR 333-061-0040(1)(g)(A)(i)
why a review of the information listed in subparagraph (2)(c)(A)(ii) of this rule
was inadequate to locate a sufficient number of tier 1 sites. Any Community water
system which includes tier 3 sampling sites in its sampling pool shall demonstrate
in such a letter why it was unable to locate a sufficient number of tier 1 and tier
2 sampling sites.
(B) Monitoring
requirements for lead and copper in tap water. Sample collection methods:
(i) All tap
samples for lead and copper collected in accordance with this paragraph shall be
first draw samples.
(ii) Each
first-draw tap sample for lead and copper shall be one liter in volume and have
stood motionless in the plumbing system of each sampling site for at least six hours.
First-draw samples from residential housing shall be collected from the cold-water
kitchen tap or bathroom sink tap. First-draw samples from a non-residential building
shall be one 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 paragraph.
To avoid problems of residents handling nitric acid, acid fixation of first draw
samples may be done up to 14 days after the sample is collected. 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.
(iii) A water
system shall collect each first-draw 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.
(C) Monitoring
requirements for lead and copper in tap water. Number of samples: Water systems
shall collect at least one sample during each monitoring period specified in paragraph
(2)(c)(D) of this rule from the number of sites listed in the first column below
("standard monitoring"). A system conducting reduced monitoring under subparagraph
(2)(c)(D)(iv) of this rule shall collect at least one sample from the number of
sites specified in the second column below during each monitoring period specified
in subparagraph (2)(c)(D)(iv) of this rule. Such reduced monitoring sites shall
be representative of the sites required for standard monitoring. A system that has
fewer than five drinking water taps, that can be used for human consumption meeting
the sample site criteria of (2)(c)(A) of this rule to reach the required number
of sample sites, must collect at least one 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 Authority may allow these
public water systems to collect a number of samples less than the number of sites
specified below provided that 100 percent of all taps that can be used for human
consumption are sampled. The Authority must approve this reduction of the minimum
number of samples in writing based on a request from the system or onsite verification
by the Authority. The Authority may specify sampling locations when a system is
conducting reduced monitoring.
System Size —
# of sites — # of sites
(# People
Served) — (Standard Monitoring) — (Reduced Monitoring)
>100,000
— 100 — 50
10,001 to
100,000 — 60 — 30
3,301 to
10,000 — 40 — 20
501 to 3,300
— 20 — 10
101 to 500
— 10 — 5
≤100
— 5 — 5
(D) Monitoring requirements
for lead and copper in tap water. Timing of monitoring:
(i) Initial
tap monitoring requirements:
(I) All large
systems shall monitor during two consecutive six-month periods.
(II) All
small and medium-size systems shall monitor during each six-month monitoring period
until the system exceeds the lead or copper action level and is therefore required
to implement the corrosion control treatment requirements specified in OAR 333-061-0034(2),
in which case the system shall continue monitoring in accordance with subparagraph
(2)(c)(D)(ii) of this rule, or the system meets the lead and copper action levels
during two consecutive six-month monitoring periods, in which case the system may
reduce monitoring in accordance with subparagraph (2)(c)(D)(iv) of this rule.
(ii) Monitoring
after installation of corrosion control and source water treatment.
(I) Any large
(serving more than 50,000 persons) system which installs optimal corrosion control
treatment pursuant to OAR 333-061-0034(2)(a)(D) shall monitor during two consecutive
six-month monitoring periods by the date specified in 333-061-0034(2)(a)(E).
(II) Any
small (serving 3,300 people or less) or medium-size (serving 3,301 to 50,000 persons)
system which installs optimal corrosion control treatment pursuant to OAR 333-061-0034(2)(b)(E)
shall monitor during two consecutive six-month monitoring periods by the date specified
in 333-061-0034(2)(b)(F).
(III) Any
system which installs source water treatment pursuant to OAR 333-061-0034(4)(a)(C)
shall monitor during two consecutive six-month monitoring periods by the date specified
in 333-061-0034(4)(a)(D).
(iii) Monitoring
after the Authority specifies water quality parameter values for optimal corrosion
control. After the Authority specifies the values for water quality control parameters
under OAR 333-061-0034(3)(l), the system shall monitor during each subsequent six-month
monitoring period, with the first monitoring period to begin on the date the Authority
specifies the optimal values.
(iv) Reduced
monitoring
(I) A small
or medium-size water system that meets the lead and copper action levels during
each of two consecutive six-month monitoring periods may reduce the number of samples
in accordance with paragraph (2)(c)(C) of this rule, and reduce the frequency of
sampling to once per year. A small or medium water system collecting fewer than
five samples as specified in (2)(c)(C) of this rule that meets the lead and copper
action levels during each of two consecutive six-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 sample per available tap. This
sampling shall begin during the calendar year immediately following the end of the
second consecutive six-month monitoring period.
(II) 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 Authority during each of two consecutive six-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 paragraph (2)(c)(C) of this rule if it
receives written approval from the Authority. This sampling shall begin during the
calendar year immediately following the end of the second consecutive six-month
monitoring period. The Authority shall review monitoring, treatment, and other relevant
information submitted by the water system, and shall notify the system in writing
when it determines the system is eligible to commence reduced monitoring. The Authority
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.
(III) A small
or medium-size water system that meets the lead and copper action levels during
three consecutive years of monitoring may reduce the frequency of monitoring for
lead and copper from annually to once every three 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 Authority
during three consecutive years of monitoring may reduce the frequency of monitoring
from annually to once every three years if it receives written approval from the
Authority. Samples collected once every three years shall be collected no later
than every third calendar year. The Authority shall review monitoring, treatment,
and other relevant information submitted by the water system and shall notify the
system in writing when it determines the system is eligible to reduce the frequency
of monitoring to once every three years. The Authority 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.
(IV) 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 paragraph (2)(c)(A) 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. The Authority 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 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 Authority
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 Authority
in the calendar year immediately following the end of the second consecutive six-month
monitoring period for systems initiating annual monitoring and during the three-year
period following the end of the third consecutive calendar year of annual monitoring
for systems initiating triennial monitoring. Community and Non-transient Non- community
water systems monitoring annually or triennially that have been collecting samples
during the months of June through December and that receive Authority approval to
alter their sample collection period must collect their next round of samples during
a time period that ends no later than 21 months or 45 months, respectively, after
the previous round of sampling. Subsequent rounds of sampling must be collected
annually or triennially as required in this subsection.
(V) 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 subparagraph (2)(c)(D)(iii)
of this rule and collect the number of samples specified for standard lead and copper
monitoring in paragraph (2)(c)(C) of this rule and shall also conduct water quality
parameter monitoring in accordance with subparagraphs (2)(c)(F)(iii), (iv) or (v)
of this rule, as appropriate, during the period in which the lead or copper action
level was exceeded. Any such system may resume annual monitoring for lead and copper
at the tap at the reduced number of sites after it has completed two subsequent
consecutive six-month rounds of monitoring that meet the requirement of subparagraph
(2)(c)(D)(iv)(I) of this rule. This sampling shall begin during the calendar year
immediately following the end of the second consecutive six-month monitoring period.
Any such system 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 prescribed in subparagraphs (2)(c)(D)(iv)(III) or (VI) of
this rule. Any water system subject to reduced monitoring frequency that fails to
meet the lead action level during any four-month monitoring period or that fails
to operate at or above the minimum value or within the range of values for the water
quality control parameters specified by the Authority for more than nine days in
any six-month period specified in subparagraph (2)(c)(F)(v) of this rule shall conduct
tap water sampling for lead and copper at the frequency specified in subparagraph
(2)(c)(D)(iii) of this rule, collect the number of samples specified for standard
monitoring, and shall resume monitoring for water quality parameters within the
distribution system in accordance with subparagraph (2)(c)(F)(v) of this rule. This
standard tap water sampling shall begin no later than the six-month monitoring 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 Such a system may, with written Authority
approval, resume reduced annual monitoring for lead and copper at the tap after
it has completed two subsequent six-month rounds of tap lead and copper monitoring
that meet the criteria specified in subparagraph (2)(c)(D)(iv)(II) of this rule.
This sampling shall begin during the calendar year immediately following the end
of the second consecutive six-month monitoring period. Such a system, with written
Authority approval, may resume reduced triennial monitoring for lead and copper
at the tap if it meets the criteria specified in subparagraphs (2)(c)(D)(iv)(III)
and (VI) of this rule. Such a system may reduce the number and frequency of water
quality parameter distribution tap samples required in accordance with subparagraph
(2)(c)(F)(vi)(I) and (II) of this rule. Such a system may not resume triennial monitoring
for water quality parameters distribution tap samples until it demonstrates that
it has re-qualified for triennial monitoring.
(VI) Any
water system that demonstrates for two consecutive 6-month monitoring periods that
the 90th percentile lead level is less than or equal to 0.005 mg/l and the 90th
percentile copper level is less than or equal to 0.65 mg/l may reduce the number
of samples in accordance with paragraph (2)(c)(C) of this rule and reduce the frequency
of sampling to once every three calendar years.
(VII) Any
water system subject to a reduced monitoring frequency under (2)(c)(D)(iv) of this
rule shall notify the Authority in writing of any upcoming long-term change in treatment
or addition of a new source. The Authority 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 Authority may require the system to resume standard monitoring
or take other appropriate steps such as increased water quality parameter monitoring
or re-evaluation of its corrosion control treatment given the potentially different
water quality considerations.
(E) Monitoring
requirements for lead and copper in tap water. Additional monitoring by systems:
The results of any monitoring conducted in addition to the minimum requirements
of subsection (c) of this rule shall be considered by the system and the Authority
in making any determinations (i.e., calculating the 90th percentile lead or copper
level). The Authority may invalidate lead and copper tap water samples as follows:
(i) The Authority
may invalidate a lead or copper tap sample if at least one of the following conditions
is met. The decision and the rationale for the decision must be documented in writing
by the Authority. A sample invalidated by the Authority does not count toward determining
lead or copper 90th percentile levels or toward meeting the minimum monitoring requirements:
(I) The laboratory
establishes that improper sample analysis caused erroneous results; or
(II) A site
that did not meet the site selection criteria; or
(III) The
sample container was damaged in transit; or
(IV) There
is substantial reason to believe that the sample was subject to tampering.
(ii) The
system must report the results of all samples to the Authority and all supporting
documentation for samples the system believes should be invalidated.
(iii) The
Authority may not invalidate a sample solely on the grounds that a follow-up sample
result is higher or lower than that of the original sample.
(iv) The
water system must collect replacement samples for any samples invalidated if, after
the invalidation of one or more samples, the system has too few samples to meet
the minimum requirements. Any such replacement samples must be taken as soon as
possible, but no later than 20 days after the date the Authority invalidates the
sample. 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.
(F) Monitoring
requirements for water quality parameters. All large water systems and all medium
and small water systems that exceed the lead or copper action levels shall monitor
water quality parameters in addition to lead and copper as follows:
(i) General
Requirements. Sample collection methods:
(I) Tap samples
shall be representative of water quality throughout the distribution system taking
into account the number of persons served, the different sources of water, the different
treatment methods employed by the system, and seasonal variability. Water quality
parameter sampling is not required to be conducted at taps targeted for lead and
copper sampling, however, established coliform sampling sites may be used to satisfy
these requirements.
(II) Samples
collected at the entry point(s) to the distribution system shall be from locations
representative of each source after treatment. If a system draws water from more
than one source and the sources are combined before distribution, the system must
sample at an entry point to the distribution system during periods of normal operating
conditions when water is representative of all sources being used.
(ii) General
requirements. Number of samples:
(I) Systems
shall collect two tap samples for applicable water quality parameters during each
monitoring period specified under subparagraphs (2)(c)(F)(iii) through (vi) of this
rule from the following number of sites.
System Size # People
served — # of Sites For Water Quality Parameters
>100,000
— 25
10,001-100,000
— 10
3,301 to
10,000 — 3
501 to 3,300
— 2
101 to 500
— 1
100,000
— 10
10,001-100,000
— 7
3,301 to
10,000 — 3
501 to 3,300
— 2
101 to 500
— 1
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