Effective 09 Jun 1998, see footnote

640.120. Tests, required when — inspections, sampling, entry denied, procedure — publication, community water quality — lead-free construction and repair materials required, exceptions. — 1. The department of natural resources shall require tests for those contaminants in water which are included in the state drinking water regulations, for those contaminants included in the national primary drinking water regulations, for those contaminants for which monitoring is otherwise required pursuant to the provisions of the federal Safe Drinking Water Act, and for any other contaminants which the department of natural resources finds may be hazardous to public health.

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

3. Water sampling conducted pursuant to this section for lead or other contaminants suspected to be originating in privately owned plumbing attached to the water system shall include a representative number of first draw samples collected at the tap. Samples taken from private property not part of the facilities owned by a public water system may be taken only with the permission of the owner or lessee of the property.

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

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

6. The department of natural resources shall publish annually a census of Missouri public water systems. The department shall make available for public review for each public water system the most recent level found of each contaminant for which it is required to test pursuant to subsection 1 of this section. The department shall notify the public annually by press release directed to the newspaper or newspapers of general circulation or radio stations in the area served by each community water system as to the availability of an annual report on the condition of drinking water quality. The report shall describe testing procedures, identify contaminants tested for and the levels of contamination found, and indicate trends which have been observed in water quality in public water systems.

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 on plumbing in any building in this state which is connected to any public water system; provided, however, that lead may be used to repair lead joints connecting cast iron pipes which were in use prior to August 28, 1989.

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(L. 1978 S.B. 509 § 192.202, A.L. 1989 S.B. 112, et al., A.L. 1992 H.B. 1393, A.L. 1998 H.B. 1161)

Effective 6-09-98