640.120. Tests, required when--inspections, sampling, entry denied, procedure--publication, community water quality--lead-free construction and repair materials required, exceptions.

MISSOURI STATUTES AND CODES

640.120. Tests, required when--inspections, sampling, entry denied, procedure--publication, community water quality--lead-free construction and repair materials required, exceptions.

Tests, required when--inspections, sampling, entry denied,procedure--publication, community water quality--lead-freeconstruction and repair materials required, exceptions.

640.120. 1. The department of natural resources shall require testsfor those contaminants in water which are included in the state drinkingwater regulations, for those contaminants included in the national primarydrinking water regulations, for those contaminants for which monitoring isotherwise required pursuant to the provisions of the federal Safe DrinkingWater Act, and for any other contaminants which the department of naturalresources finds may be hazardous to public health.

2. A water system shall be tested for each contaminant at thefrequency required under federal drinking water regulations or a flexiblemonitoring program allowed under the federal Safe Drinking Water Act, asamended, unless the department determines, after public notice and comment,that testing at a greater frequency for that contaminant is necessary toprotect the health of persons served by that system. In an emergencysituation, the director may order more frequent testing in order to protectthe public health.

3. Water sampling conducted pursuant to this section for lead orother contaminants suspected to be originating in privately owned plumbingattached to the water system shall include a representative number of firstdraw samples collected at the tap. Samples taken from private property notpart of the facilities owned by a public water system may be taken onlywith the permission of the owner or lessee of the property.

4. The department of natural resources may authorize variances andexemptions from state primary water regulations.

5. Duly authorized representatives of the department of naturalresources, with prior notice, may enter at reasonable times upon anyprivate or public property to inspect and investigate conditions relatingto the construction, maintenance and operation of a public water supply,and take samples for analysis. If the director or the director'srepresentative has probable cause to believe that a public water supplysystem is located on any premises, the director or the director'srepresentative shall be granted entry for the purpose of inspection andsample collection. Should entry be denied, a suitably restricted searchwarrant, upon a showing of probable cause in writing and upon oath, shallbe issued by any judge or associate circuit judge having jurisdiction toany representative of the department to enable the director or thedirector's representative to make such inspections.

6. The department of natural resources shall publish annually acensus of Missouri public water systems. The department shall makeavailable for public review for each public water system the most recentlevel found of each contaminant for which it is required to test pursuantto subsection 1 of this section. The department shall notify the publicannually by press release directed to the newspaper or newspapers ofgeneral circulation or radio stations in the area served by each communitywater system as to the availability of an annual report on the condition ofdrinking water quality. The report shall describe testing procedures,identify contaminants tested for and the levels of contamination found, andindicate trends which have been observed in water quality in public watersystems.

7. Only lead-free materials, as determined by the department by rule,shall be used in construction and repair of any public water system and onplumbing in any building in this state which is connected to any publicwater system; provided, however, that lead may be used to repair leadjoints connecting cast iron pipes which were in use prior to August 28,1989.