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Virginia Administrative Code
Title 12. Health
Agency 5. Department of Health
Chapter 590. Waterworks Regulations
8/13/2022

12VAC5-590-532. Reporting requirements for lead and copper.

A. The owner shall report all of the information in this section to the department in accordance with this section.

B. Reporting requirements for tap water monitoring for lead and copper and for water quality parameter monitoring.

1. Except as provided in subdivision B 1 g of this section, the owner shall report the information specified in this subsection for all tap water samples specified in 12VAC5-590-375 B and for all water quality parameter samples specified in 12VAC5-590-375 C within the first 10 days following the end of each applicable monitoring period specified in 12VAC5-590-375 B and C (i.e., every six months, annually, every three years, or every nine years). For monitoring periods with a duration less than six months, the end of the monitoring period is the last date samples can be collected during the period as specified in 12VAC5-590-375 B and C.

a. The results of all tap samples for lead and copper including location or a location site code and the criteria under 12VAC5-590-375 B 1 c through B 1 f or 12VAC5-590-375 C under which the site was selected for the waterworks sampling pool.

b. Documentation for each tap water lead or copper sample for which the owner requests invalidation pursuant to 12VAC5-590-375 B 6.

c. The 90th percentile lead and copper concentrations measured from among all lead and copper tap water samples collected during each monitoring period (calculated in accordance with 12VAC5-590-385 C) unless the department calculates the 90th percentile lead and copper levels under subsection I of this section.

d. With the exception of initial tap sampling conducted pursuant to 12VAC5-590-375 B 4 a, the owner shall designate any site that was not sampled during previous monitoring periods and include an explanation of why sampling sites have changed.

e. The results of all tap samples for pH, and where applicable, alkalinity, calcium, conductivity, temperature, and orthophosphate or silica collected under 12VAC5-590-375 C 2 through C 5.

f. The results of all samples collected at the entry point to the distribution system for applicable water quality parameters under 12VAC5-590-375 C 2 through C 5.

g. The owner shall report the results of all water quality parameter samples collected under 12VAC5-590-375 C 3 through 12VAC5-590-375 C 6 during each six month monitoring period specified in 12VAC5-590-375 C 4 within the first 10 days following the end of the monitoring period unless the department has specified a more frequent reporting requirement.

2. The owner of a NTNC, or a community waterworks meeting the criteria of 12VAC5-590-405 D 2 e, that does not have enough taps that can provide first-draw samples must either:

a. Provide written documentation to the department identifying standing times and locations for enough non-first-draw samples to make up the sampling pool under 12VAC5-590-375 B 2 e by the start of the first applicable monitoring period under 12VAC5-590-375 B 4, unless the department has waived prior approval of non-first-draw sample sites selected by the owner pursuant to 12VAC5-590-375 B 2 e; or

b. If the department has waived prior approval of non-first-draw sample sites selected by the owner, then the owner shall identify in writing each site that did not meet the six-hour minimum standing time and the length of standing time for that particular substitute sample collected pursuant to 12VAC5-590-375 B 2 e and include this information with the lead and copper sample results required to be submitted pursuant to subsection B of this section.

3. At a time specified by the department, or if no specific time is designated by the department, then as early as practical before the addition of a new source or any long-term change in water treatment, an owner (i) deemed to have optimized corrosion control under 12VAC5-590-405 A 2 b (3), (ii) subject to reduced monitoring pursuant to 12VAC5-590-375 B 4 d, or (iii) subject to a monitoring waiver pursuant to 12VAC5-590-375 B 7 shall submit written documentation to the department describing the change or addition. The department must approve the addition of a new source or a long-term change in treatment before it is implemented by the owner. Examples of long-term treatment changes include the addition of a new treatment process or modification of an existing treatment process. Examples of modification include switching secondary disinfectants, switching coagulants (e.g., alum to ferric chloride), or switching corrosion inhibitor products (e.g., orthophosphate to blended phosphate). Long-term changes can include dose changes to existing chemicals if the waterworks is planning long-term changes to its finished water pH or residual inhibitor concentration. Long-term treatment changes would not include chemical dose fluctuations associated with daily source water quality changes.

4. The owner of a small waterworks applying for a monitoring waiver under 12VAC5-590-375 B 7 or subject to a waiver granted pursuant to 12VAC5-590-375 B 7 c shall provide the following information to the department in writing by the specified deadline:

a. By the start of the first applicable monitoring period in 12VAC5-590-375 B 4, the owner of a small waterworks applying for a monitoring waiver shall provide the documentation required to demonstrate that the waiver criteria of 12VAC5-590-375 B 7 a and 12VAC5-590-375 B 7 b have been met.

b. No later than nine years after the monitoring previously conducted pursuant to 12VAC5-590-375 B 7 b or 12VAC5-590-375 B 7 d (1), the owner of a small waterworks desiring to maintain its monitoring waiver shall provide the information required by 12VAC5-590-375 B 7 d (1) and 12VAC5-590-375 B 7 d (2).

c. No later than 60 days after becoming aware that it is no longer free of lead-containing or copper-containing material, the owner of a small waterworks with a monitoring waiver shall provide written notification to the department setting forth the circumstances resulting in the lead-containing or copper-containing materials being introduced into the waterworks and what corrective action, if any, the owner plans to take to remove these materials.

5. The owner of a groundwater system that limits water quality parameter monitoring to a subset of entry points under 12VAC5-590-375 C 3 c shall provide by the commencement of the monitoring written correspondence to the department that identifies the selected entry points and includes information sufficient to demonstrate that the sites are representative of water quality and treatment conditions throughout the waterworks.

C. Source water monitoring reporting requirements.

1. The owner shall report the sampling results for all source water samples collected in accordance with 12VAC5-590-375 D within the first 10 days following the end of each source water monitoring period (i.e., annually, per compliance period, per compliance cycle) specified in 12VAC5-590-375 D.

2. With the exception of the first round of source water sampling conducted pursuant to 12VAC5-590-375 D 2, the owner shall specify any site that was not sampled during previous monitoring periods and include an explanation of why the sampling point has changed.

D. Corrosion control treatment reporting requirements. By the applicable dates under 12VAC5-590-405 A 2 a, an owner shall report the following information:

1. For the owner demonstrating that corrosion control has already been optimized, information required in 12VAC5-590-405 A 2 b (2) or 12VAC5-590-405 A 2 b (3).

2. For the owner required to optimize corrosion control, the owner's recommendation regarding optimal corrosion control treatment under 12VAC5-590-405 A 1 a.

3. For the owner required to evaluate the effectiveness of corrosion control treatments, the information required under 12VAC5-590-405 A 1 c.

4. For the owner required to install optimal corrosion control designated by the department under 12VAC5-590-405 A 1 d, a letter certifying that the owner has completed installing that treatment.

E. Source water treatment reporting requirements. By the applicable dates in 12VAC5-590-405 B, an owner shall provide the following information to the department:

1. If required under 12VAC5-590-405 B 2 a, the owner's recommendation regarding source water treatment; or

2. For an owner required to install source water treatment under 12VAC5-590-405 B 2 b, a letter certifying that the owner has completed installing the treatment designated by the department within 24 months after the department designated the treatment.

F. Lead service line replacement reporting requirements. The owner shall report the following information to the department to demonstrate compliance with the requirements of 12VAC5-590-405 C:

1. No later than 12 months after the end of a monitoring period in which a waterworks exceeds the lead AL in sampling referred to in 12VAC5-590-405 C 1, the owner shall submit written documentation to the department of the materials evaluation conducted as required in 12VAC5-590-375 B 1, to identify the initial number of lead service lines in the distribution system at the time the waterworks exceeds the lead AL, and provide the owner's schedule for annually replacing at least 7.0% of the initial number of lead service lines in its distribution system.

2. No later than 12 months after the end of a monitoring period in which a waterworks exceeds the lead AL in sampling referred to in 12VAC5-590-405 C 1, and every 12 months thereafter, the owner shall demonstrate to the department in writing that the owner has either:

a. Replaced in the previous 12 months at least 7.0% of the initial lead service lines or a greater number of lines specified by the department under 12VAC5-590-405 C 6 in the distribution system; or

b. Conducted sampling that demonstrates that the lead concentration in all service line samples from an individual line collected pursuant to 12VAC5-590-375 B 2 c is less than or equal to 0.015 mg/L. In these cases, the total number of lines replaced that meet the criteria in 12VAC5-590-405 C 4 shall equal at least 7.0% of the initial number of lead service lines identified under subdivision F 1 of this section or the percentage specified by the department under 12VAC5-590-405 C 6.

3. The annual letter submitted to the department under subdivision F 2 of this section shall contain the following information:

a. The number of lead service lines scheduled to be replaced during the previous year of the waterworks replacement schedule;

b. The number and location of each lead service line replaced during the previous year of the waterworks replacement schedule; and

c. If measured, the water lead concentration and location of each lead service line sampled, the sampling method, and the date of sampling.

4. The owner of a waterworks that collects lead service line samples following partial lead service line replacement required by 12VAC5-590-405 C shall report the results to the department within the first 10 days of the month following the month in which the owner receives the laboratory results or as specified by the department. The owner shall also report any additional information as specified by the department in a time and manner prescribed by the department to verify that all partial lead service line replacement activities have taken place.

G. Public education program reporting requirements. The owner shall report the following information to the department to demonstrate compliance with the requirements of 12VAC5-590-405 D.

1. The owner of a waterworks that is subject to the public education requirements in 12VAC5-590-405 D shall within 10 days after the end of each period in which the owner is required to perform public education tasks in accordance with 12VAC5-590-405 D 2 send written notice to the department that contains:

a. A demonstration that the owner has delivered the public education materials that meet the content requirements of 12VAC5-590-405 D 1 and the delivery requirements of 12VAC5-590-405 D 2; and

b. A list of all the newspapers, radio stations, television stations, and facilities and organizations to which the owner delivered public education materials during the period in which the owner was required to perform public education tasks.

2. Unless required by the department, an owner that previously has submitted the information required by subdivision G 1 b of this section need not resubmit the information required by subdivision G 1 b of this section, as long as there has been no changes in the distribution list and the owner certifies that the public education materials were distributed to the same list submitted previously.

3. No later than three months following the end of the monitoring period, the owner shall mail a sample copy of the consumer notification of tap results to the department along with a certification that the notification has been distributed in a manner consistent with the requirements of 12VAC5-590-405 D 4.

H. Reporting of additional monitoring data. The owner of a waterworks that collects sampling data in addition to that required by 12VAC5-590-375 shall report the results to the department within the first 10 days following the end of the applicable monitoring period under 12VAC5-590-375 B, 12VAC5-590-375 C, and 12VAC5-590-375 D during which the samples are collected.

I. Reporting of the 90th percentile lead and copper concentrations where the department calculates a waterworks' 90th percentile concentrations. The owner is not required to report the 90th percentile lead and copper concentrations measured from among all lead and copper tap samples collected during each monitoring period, as required by subdivision B 1 d of this section if:

1. The department has previously notified the owner that the department will calculate the waterworks' 90th percentile lead and copper concentrations based on the lead and copper tap results submitted pursuant to subdivision I 2 a of this section and has specified a date before the end of the applicable monitoring period by which the owner shall provide the results of the lead and copper tap water samples; and

2. The owner has provided the following information to the department by the date specified in subdivision I 1 of this section:

a. The results of all tap samples for lead and copper including the location of each site and the criteria under 12VAC5-590-375 B 1 c through 12VAC5-590-375 B 1 f or 12VAC5-590-375 B 1 g under which the site was selected for the waterworks sampling pool, pursuant to subdivision B 1 a of this section;

b. An identification of sampling sites utilized during the current monitoring period that were not sampled during the previous monitoring periods and an explanation why sampling sites have changed; and

c. The department has provided the results of the 90th percentile lead and copper calculations in writing to the owner before the end of the monitoring period.

Statutory Authority

§§ 32.1-12 and 32.1-170 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 37, Issue 20, eff. June 23, 2021.

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