TCA § 68-221-720 — Lead free requirements — Notice — Exceptions

All pipes, pipe or plumbing fittings or fixtures, solder, or flux that is used in the installation or repair of any public water system shall be lead free; provided, that this subsection (a) shall not apply to lead joints necessary for the repair of cast iron pipes. All pipes, pipe or plumbing fittings or fixtures, solder, or flux that is used in the installation or repair of any plumbing, in a residential or nonresidential facility, which provides water for human consumption and is connected to a public water system, shall be lead free. Subsections (a) and (b) shall not apply to: Pipes, pipe or plumbing fittings or fixtures, including backflow preventers, that are used exclusively for nonpotable services such as manufacturing, industrial processing, irrigation, outdoor watering, or any other uses where the water is not anticipated to be used for human consumption; or Toilets, bidets, urinals, fill valves, flushometer valves, tub fillers, shower valves, fire hydrants, service saddles, or water distribution main gate valves that are two inches (2") in diameter or larger. No later than twenty-four (24) hours after a public water system confirms that the lead and copper 90th percentile lead action level, according to the federal Safe Drinking Water Act (42 U.S.C. § 300f et seq.), has been exceeded, the public water system shall notify the commissioner. The commissioner shall direct the public water system to conduct appropriate follow-up actions in accordance with state and federal drinking water rule requirements. No later than seventy-two (72) hours after a public water system confirms that any individual lead monitoring result is above the lead action level, according to the federal Safe Drinking Water Act, the public water system shall provide notification to the customer or residence where the sample was collected. No later than seventy-two (72) hours after the public water system confirms that the lead and copper 90th percentile lead action level has been exceeded, the public water system shall provide public notification to all customers where such exceedance results from the following: The lead content in the construction materials of the public water distribution system; or Corrosivity of the water supply sufficient to cause leaching of lead. The notice required by this subsection (d) shall be provided in such manner, form, and frequency as may be reasonably required by the commissioner. Notice under this subsection (d) shall be provided, even if there has been no violation of any drinking water regulation of the state. Notice under this subsection (d) shall provide a clear and readily understandable explanation of the following: The potential sources of lead in the drinking water; Any potential adverse health effects; Any reasonably available methods of mitigating known or potential lead content in drinking water; Any steps the public water system is taking to mitigate lead content in drinking water; and The necessity for seeking alternative water supplies, if any. If a public water system fails to notify persons that may be affected by lead contamination as required by subdivision (d)(2), the commissioner shall take appropriate action to ensure the public water system provides such notice within at least ten (10) days of such failure. After the commissioner ensures proper notice has occurred by the public water system, the commissioner shall provide direct technical assistance to and oversight of the public water system to ensure the public water system conducts appropriate follow-up testing and exercises the necessary treatment optimization and distribution system modifications, where necessary, to achieve compliance. Any area where a local governmental unit has enacted or will enact ordinances, codes, regulations or governing policies not less stringent than subsection (b) is exempt from subsection (b). There is reserved to the state the right to administer or enforce any applicable ordinances, codes, regulations or governing policies of the local governmental unit, should it fail to properly administer or enforce such ordinances, codes, regulations or governing policies. Nothing herein shall be construed to require any public water system or any residential or nonresidential facility to remove or replace any piping or plumbing, installed prior to March 18, 1988, except as may be necessary in making a repair.