| (iv) Conditions for reduced nine-year tap sampling
eligibility. As a condition of the reduced nine-year tap sampling
schedule, the executive director may require the system to perform
specific activities to avoid the risk of lead or copper concentration
of concern in tap water. For example, additional monitoring, periodic
outreach to customers to remind them to avoid installation of materials
that might void the reduced nine-year tap sampling schedule, or other
activities may be required.
(v) Reduced nine-year tap sampling revocation. If a
water system with a nine-year tap sampling schedule adds a new source
of water, changes any water treatment, or no longer meets the requirements
of this subparagraph, the water system must notify the executive director
in writing within 60 days of the change as required by §290.39(j)
of this title (relating to General Provisions). The executive director
has the authority to modify the reduced nine-year tap sampling schedule
to address changes.
(vi) Notification of change in lead or copper materials.
If a system on reduced nine-year tap sampling becomes aware that the
system is no longer free of lead-containing or copper-containing materials,
the system shall notify the executive director in writing no later
than 60 days after becoming aware of such a change. If the system
met both the lead and the copper action levels in all previous lead
and copper tap sampling results, the system must return to three-year
tap sampling schedule contained in subparagraph (C) of this paragraph.
(vii) Tap sampling frequency sequence. Subsequent rounds
of sampling, after a return to routine monitoring, must be collected
once a year, every three years, or every nine years, as required by
(E) Alternate months for reduced lead and copper tap
sampling. The executive director may approve a different period, other
than June through September, for systems conducting reduced lead and
copper tap sampling. 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 nontransient, noncommunity
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
executive director shall designate a period that represents a time
of normal operation for the system. This sampling shall begin during
the period designated by the executive director 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 three-year reduced
(F) Tap sampling monitoring period. For systems on
annual or less frequent schedules, the end of the monitoring period
is September 30 of the calendar year in which the sampling occurs,
or if the executive director has established an alternate monitoring
period, the last day of that period.
(G) Return to initial/routine tap sampling frequency.
The executive director shall determine whether a system continues
to meet the requirements to remain on reduced annual, three-year,
or nine-year monitoring. A system on reduced monitoring may be required
to return to routine monitoring as described in subparagraph (A)(i)
of this paragraph. Systems required to return to routine monitoring
shall sample at the number of routine sites listed in the table entitled
"Required Number of Lead and Copper Tap Sample Sites" under paragraph
(1) of this subsection.
(H) Replacement tap samples. The water system must
collect replacement samples for any samples invalidated under subsection
(h) of this section. Any such replacement samples must be collected
as soon as possible, but no later than twenty days after receiving
notification of sample invalidation approval from the executive director.
If a water system discovers that a sample has been collected at an
inappropriate sampling site, the water system may request in writing
that the sample be invalidated. 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 with valid results for the
(I) Nontransient, noncommunity systems with less than
five taps. A nontransient, noncommunity system that has fewer than
five drinking water taps meeting the sample site criteria of this
paragraph must collect at least one sample from each tap and then
must collect additional samples from those same taps on different
days during the monitoring period to meet the required number of samples
unless the system has received a five-tap waiver from the executive
director under paragraph (1)(F) of this subsection.
(3) Consumer sampling for lead action level exceeders.
Water systems that exceed the lead action level must arrange to sample
the tap water of any customer who requests it. Analytical costs may
be borne by the consumer.
(d) Lead and copper entry point sampling. Systems must
perform entry point lead and copper sampling after the system exceeds
a lead or copper action level, installs source water treatment, or
exceeds any MPLs set by the executive director. Systems must routinely
monitor lead and copper in conjunction with monitoring for inorganic
contaminants other than asbestos or nitrate under §290.106 of
this title (relating to Inorganic Contaminants).
(1) Lead and copper entry point sampling locations.
Systems required to perform entry point sampling under this subsection
shall sample at every entry point to the distribution system including
purchased water entry points. The system shall take each subsequent
sample at the same sampling point unless conditions make another sampling
point more representative of each source or treatment plant. The system
must seek executive director approval to modify an entry point sample
location, and must revise its monitoring plan.
(2) Lead and copper entry point sampling frequency.
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.
(A) Entry point lead and copper sampling after an action
level exceedance. Any system which exceeds the lead or copper action
level shall collect one sample from each entry point no later than
180 days after the end of the monitoring period during which the lead
or copper action level was exceeded. For systems on annual or less
frequent schedules, the end of the monitoring period is September
30 of the calendar year in which the sampling occurs, or if the executive
director has established an alternate monitoring period, the last
day of that period.
(B) Entry point lead and copper sampling for systems
that meet the action levels. A system is not required to conduct entry
point lead and copper sampling if the system meets the lead and copper
action levels during the entire entry point sampling period.
(C) Entry point lead and copper monitoring frequency
after installing source water treatment. Any system that installs
source water lead or copper removal treatment shall collect entry
point samples during two consecutive six-month periods within 36 months
after source water treatment begins.
(D) Entry point lead and copper sampling frequency
after specification of MPLs. A system shall monitor at the frequency
(i) Starting the year after the executive director
specifies MPLs, water systems using any surface water shall collect
annual samples once during each calendar year.
(ii) Starting the year after the executive director
specifies MPLs, a water system using only groundwater shall collect
samples once during the three-year compliance period in effect at
that time. Such systems shall collect samples once during each subsequent
compliance period. Triennial samples shall be collected every third
(iii) A water system using only groundwater may sample
entry points every ninth year if the system meets one of the following
(I) The entry point lead and copper levels are below
the lead and copper MPLs during at least three consecutive compliance
(II) The executive director has determined that source
water treatment is not needed and the system demonstrates that, during
at least three consecutive annual or three-year compliance periods,
the concentration of lead in source water was less than or equal to
0.005 mg/L and the concentration of copper in source water was less
than or equal to 0.65 mg/L.
(iv) A water system using surface water (or a combination
of surface water and ground water) may reduce the lead and copper
entry point monitoring frequency to once during every ninth year if
the system meets one of the following criteria:
(I) The entry point lead and copper levels are below
the MPLs for lead and copper for at least three consecutive years;
(II) The executive director has determined that source
water treatment is not needed and the concentration of lead at all
entry points was less than or equal to 0.005 mg/L and the concentration
of copper at all entry points was less than or equal to 0.65 mg/L
during at least three consecutive years.
(v) A water system that uses a new source of water
is not eligible for reduced entry point monitoring for lead and copper
until concentrations in samples collected from the new source during
three consecutive monitoring periods are below the lead and copper
(vi) Where the results of sampling indicate an exceedance
of a lead or copper MPL, one additional sample must be collected within
two weeks after the initial sample was taken at the same entry point.
Samples will be averaged for compliance determination.
(E) All water systems shall notify the executive director
in writing of any proposed change in treatment or the addition or
deletion of a source of water. The executive director may require
any such system to conduct additional monitoring or to take other
action to ensure that the system maintains minimal levels of corrosion
in the distribution system.
(e) WQP monitoring requirements. Systems shall monitor
WQPs to determine the potential for corrosion. All systems that serve
more than 50,000 people shall monitor in accordance with this subsection.
Systems that serve 50,000 or fewer people that exceed a lead or copper
action level shall monitor in accordance with this subsection, during
the monitoring period in which the system exceeds the action level.
Sites shall be submitted to the executive director for approval in
conjunction with the system's monitoring plan.
(1) WQP monitoring locations. Systems that are required
to monitor WQPs shall take two samples at all entry points and distribution
WQP sites, as specified in subparagraphs (A) and (B) of this paragraph,
where applicable, and at the number of distribution sites shown in
Figure: 30 TAC §290.117(e)(1). Systems on initial or routine
monitoring, as described in paragraph (2) of this subsection, must
sample at the number of sample sites in the column entitled "Initial
and Routine Number of WQP Distribution Sites." Systems on reduced
monitoring must sample at the number of sites in the column entitled
"Reduced Number of WQP Distribution Sites."
(A) Entry point WQP sites. Systems that are required
to perform entry point WQP monitoring under this subsection must perform
monitoring at every entry point to the distribution system. The executive
director may allow systems using only groundwater to forego entry
point monitoring, and monitor only at representative distribution
system locations according to paragraph (6) of this subsection.
(B) Distribution WQP sites. Sites normally used for
bacteriological monitoring or other appropriate sites may be used
for WQP sampling. Samples need not be collected inside a customer's
home. These sites shall represent water quality throughout the entire
(2) Initial and routine WQP monitoring. New systems
must perform at least one initial WQP monitoring round in the year
following the year that the system is identified as active. Systems
that exceed lead or copper action levels shall perform two consecutive
six-month periods of routine WQP monitoring. Systems must monitor
in accordance with subparagraphs (A) and (B) of this paragraph.
(A) Locations for initial and routine WQP monitoring.
Systems must conduct WQP monitoring at the locations specified in
paragraph (1)(A) and (B) of this subsection, where applicable, and
at the number of distribution sites specified in Figure: 30 TAC §290.117(e)(1).
(B) Frequency of initial and routine WQP monitoring.
Systems serving 50,000 or fewer people shall measure the WQPs listed
in this paragraph during each six-month monitoring period in which
the system exceeds the lead or copper action level. Systems serving
more than 50,000 people must perform two consecutive six-month periods
of sampling. Public water systems shall collect WQP samples on a quarterly
basis as described in Figure: 30 TAC §290.117(e)(2) to reflect
seasonal variability in water quality conditions.