Section 809.545. Lead service line replacement requirements.

 

(1)   General. Water suppliers for public water systems that fail to meet the lead action level in tap samples taken pursuant to s. NR 809.547 (4) (b) , after installing corrosion control or source water treatment, or both, whichever sampling occurs later, shall replace lead service lines in accordance with the requirements of this section. If a public water system is in violation of s. NR 809.542 or 809.544 for failure to install source water or corrosion control treatment, the department may require the water supplier to commence lead service line replacement under this section after the date by which the water supplier was required to conduct monitoring under s. NR 809.547 (4) (b) has passed.

(2)   Rate and schedule for service line replacement .

(a) A water supplier shall replace annually at least 7% 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 water supplier shall identify the initial number of lead service lines in its distribution system, including an identification of the portions owned by the public water system, based on a materials evaluation, including the evaluation required under s. NR 809.547 (1) and relevant legal authorities, such as contracts and local ordinances regarding the portion owned by the public water 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 under sub. (1) . If monitoring is required annually or less frequently, the end of the monitoring period is September 30 of the calendar year in which the sampling occurs unless the department has established an alternate monitoring period.

(b) Any water supplier resuming a lead service line replacement program, after the cessation of its lead service line replacement program, as allowed by sub. (6) , shall update the public water system's inventory of lead service lines to include those sites that were previously determined not to require replacement through the sampling provision under sub. (3) . The water supplier shall 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 must be replaced per year. Seven percent lead service line replacement is based on a 15-year replacement program, so, for example, water suppliers resuming lead service line replacement after previously conducting two years of replacement would divide the updated inventory by 13. For those water suppliers for public water systems that have completed a 15-year lead service line replacement program, the department will determine a schedule for replacing or retesting lines that were previously tested out under the replacement program when the public water system exceeds the action level again after completing a 15-year replacement program.

(3)   Individual service line considerations . A water supplier is not required to replace an individual lead service line if the lead concentration in all service line samples from that line, taken pursuant to s. NR 809.547 (2) (c) , is less than or equal to 0.015 mg/L.

(4)   Extent of service line replacement. A water supplier shall replace the entire service line, up to the building inlet, unless the water supplier demonstrates to the satisfaction of the department under sub. (5) , that the public water system controls less than the entire service line. In such cases, the water supplier shall replace the portion of the line which the department determines is under the water supplier's control. The water supplier shall notify the user served by the line that the water supplier will replace the portion of the service line under the public water system's control and the water supplier shall offer to replace the building owner's portion of the line, but is not required to bear the cost of replacing the building owner's portion of the line. A water supplier is not required to bear the cost of replacing the privately-owned portion of the line, nor is the water supplier required to replace the privately-owned portion where the building owner chooses not to pay the cost of replacing the privately-owned portion of the line, or where replacing the privately-owned system would be precluded by department, local or common law. An water supplier that does not replace the entire length of the service line shall also complete all of the following tasks:

(a) At least 45 days prior to commencing with the partial replacement of a lead service line, the water supplier shall provide notice to the residents of all buildings served by the line explaining that they may experience a temporary increase of lead levels in their drinking water, and shall provide guidance on measures consumers can take to minimize their exposure to lead. The department may allow the water supplier to provide notice under this paragraph less than 45 days prior to commencing partial lead service line replacement if the replacement is in conjunction with emergency repairs. In addition, the water supplier shall inform the residents served by the line that the water supplier will, at the public water system's expense, collect a sample from each partially-replaced lead service line that is representative of the water in the service line for analysis of lead content, as prescribed under s. NR 809.547 (2) (c) , no later than 72 hours after the completion of the partial replacement of the service line. The water supplier shall collect the sample and report the results of the analysis to the building owner and each resident served by the line no later than 3 business days after receiving the results. Mailed notices post-marked no later than 3 business days after receiving the results shall be considered timely.

(b) The water supplier shall provide the information required by par. (a) to the residents of individual dwellings by mail or by other methods approved by the department. In instances where multi-family dwellings are served by the line, the water supplier may post the information at a conspicuous location likely to give notice to all residents of the multi-family dwellings.

(5)   Accelerated schedule for service line replacement . The department shall require a water supplier to replace lead service lines on a shorter schedule than that required by this section, taking into account the number of lead service lines in the public water system, if a shorter replacement schedule is feasible. The department shall make this determination in writing and notify the water supplier of its finding no later than 6 months after the water supplier is required to begin service line replacement based on monitoring under sub. (1) .

(6)   Ceasing and recommencing service line replacement. Any water supplier may cease replacing lead service lines when lead service line samples collected pursuant to s. NR 809.547 (2) (b) meet the lead action level during each of 2 consecutive monitoring periods and the water supplier submits the results to the department. If the lead service line samples in any such public water system thereafter exceed the lead action level, the water supplier shall recommence replacing lead service lines, pursuant to sub. (2) .

(7)   Compliance reporting. To demonstrate compliance with subs. (1) to (4) , a water supplier shall report to the department the information specified in s. NR 809.55 (5) .

CR 09-073 : cr. Register November 2010 No. 659 , eff. 12-1-10.