§ 22-64686. Requirements Subsequent to the Department's Designation.

(a) If the Department determines that source water treatment is required pursuant to subsection 64685(b), the system shall comply with the following within the specified timeframes that begin with the Department's determination regarding source water treatment:

(1) Install the treatment within 24 months and submit a letter to the Department certifying that installation has been completed;

(2) Collect an additional source water sample from each entry point to the distribution system during two consecutive periods within 36 months;

(3) Complete two consecutive periods of standard monitoring for lead and copper pursuant to section 64675 (General Requirements for Tap Sampling for Lead and Copper) within 36 months.

(b) Within 6 months after the system installs source water treatment, based on its review of the data collected pursuant to subsection (a) and the contaminant removal capability of the installed treatment when properly operated, the Department will specify maximum permissible lead and copper levels for water entering the distribution system. The water system shall comply with these maximum permissible levels.

(c) After the Department specifies maximum permissible levels or determines that source water treatment is not needed, the system shall conduct standard monitoring related to source water pursuant to table 64686-A, according to source water type. If approved by the Department based on a review of source water data, the system may reduce monitoring pursuant to table 64686-A.

Table 64686-A. Standard and Reduced Monitoring Related to Source Water

		Surface water with or
Type of monitoring	Ground water	without groundwater
Standard monitoring	1 sample at each entry	1 sample at each entry
point every 3 years, as	point every year, as
a minimum	a minimum
Reduced monitoring, after	1 sample at each entry	1 sample at each entry
3 consecutive rounds of	point every 9 years	point every 9 years
standard monitoring in
compliance with maximum
permissible levels.

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(d) If a system does not have an action level exceedance for lead and/or copper during three consecutive years for groundwater or one year for surface water with or without groundwater, the system is not required to conduct sampling related to source water for the specific chemical.

(e) If the results of sampling indicate an exceedance of the maximum permissible levels specified pursuant to subsection (b), one additional sample may be collected at the same sampling point as soon as possible within 14 days of the initial sample to confirm the result. If a confirmation sample is collected, then the average of the initial and confirmation sample results shall be used to determine compliance with the maximum permissible levels.

(f) A water system that begins using a new water source shall reinitiate standard monitoring pursuant to subsection (c) and conduct three rounds of monitoring with the new source online before reducing the monitoring frequency.

(g) Upon its own initiative or in response to a request by a system, the Department may modify its determination of the source water treatment, or maximum permissible lead and copper concentrations for treated source water. Any request shall be in writing, explain the reason for the requested modification, and include supporting documentation.

HISTORY

1. New section filed 1-16-90; operative 2-15-90 (Register 90, No. 4).

2. Renumbering and amendment of Noteof former section 64686 to section 64469 filed 5-27-92; operative 6-26-92 (Register 92, No. 22).

3. New article 7 and section filed 12-11-95 as an emergency; operative 12-11-95 (Register 95, No. 50). A Certificate of Compliance must be transmitted to OAL by 4-9-96 or emergency language will be repealed by operation of law on the following day.

4. Refiling of 12-11-95 order, including amendment of Note, filed 4-9-96 as an emergency; operative 4-10-96 (Register 96, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-8-96 or emergency language will be repealed by operation of law on the following day.

5. Certificate of Compliance as to 12-11-95 order, including amendment of subsections (b)(1) and (c), transmitted to OAL 8-7-96 and filed 9-16-96 (Register 96, No. 38).

6. Repealer of article 7 (sections 64686-64688) and repealer and new section filed 9-11-2003; operative 10-11-2003 (Register 2003, No. 37).

Note

Note: Authority cited: Sections 100275, 116350, 116365, 116375 and 116385, Health and Safety Code. Reference: Sections 116325-116750, Health and Safety Code.