whichever occurs later. Replacement samples taken after the end of the applicable
monitoring period shall not also be used to meet the monitoring requirements of a
subsequent monitoring period. 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.
(7) A small water supply that meets the criteria of this subrule may apply to the
department to reduce the frequency of monitoring for lead and copper under this rule to
once every 9 years, that is, a "full waiver", if it meets all of the materials criteria specified
in subdivision (a) of this subrule and all of the monitoring criteria specified in subdivision
(b) of this subrule. If a small water supply meets the criteria in subdivisions (a) and (b)
of this subrule only for lead, or only for copper, the supply may apply to the department
for a waiver to reduce the frequency of tap water monitoring to once every 9 years for
that contaminant only, that is, a "partial waiver". All of the following apply:
(a) The supply shall demonstrate that its distribution system and service lines and
all drinking water system plumbing, including plumbing conveying drinking water within
all residences and buildings connected to the system, are free of lead containing materials
or copper containing materials, or both, as those terms are defined in this subdivision, as
follows:
(i) To qualify for a full waiver, or a waiver of the tap water monitoring
requirements for lead, that is, a "lead waiver", the water supply shall provide certification
and supporting documentation to the department that the supply is free of all lead
containing materials and that the supply complies with both of the provisions in this
paragraph. Both of the following apply:
(A) It does not contain plastic pipes that contain lead plasticizers or plastic
service lines that contain lead plasticizers.
(B) It is free of lead service lines, lead pipes, lead soldered pipe joints, and
leaded brass or bronze alloy fittings and fixtures, unless the fittings and fixtures meet the
specifications of standards established under "Prohibition on Use of Lead Pipes, Solder,
and Flux: Plumbing Fittings and Fixtures" 42 U.S.C. 300G-6(e), (2006), which is
available on the Internet at http://www.law.cornell.edu/uscode/text/42/300g-6.
(ii) To qualify for a full waiver, or a waiver of the tap water monitoring
requirements for copper, that is, a "copper waiver", the water supply shall provide
certification and supporting documentation to the department that the supply does not
contain copper pipes or copper service lines.
(b) The supply shall have completed at least one 6-month round of standard tap
water monitoring for lead and copper at sites approved by the department and from the
number of sites required by subrule (3) of this rule and demonstrate that the ninetieth
percentile levels for all rounds of monitoring conducted since the supply became free of
all lead containing or copper containing materials, or both, as appropriate, meet the
following criteria:
(i) To qualify for a full waiver or a lead waiver, the supply shall demonstrate that
the ninetieth percentile lead level does not exceed 0.005 mg/l.
(ii) To qualify for a full waiver or a copper waiver, the supply shall demonstrate
that the ninetieth percentile copper level does not exceed 0.65 mg/l.
(c) The department shall notify the supply of its waiver determination, in writing
setting forth the basis of its decision and any condition of the waiver. As a condition of
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