Ohio Admin. Code 3745-81-80 - Control of lead and copper - general requirements

(A) Applicability. The requirements of rules 3745-81-80 to 3745-81-90 of the Administrative Code are based on the national primary drinking water regulations for lead and copper. Unless otherwise indicated, each of the provisions of these rules applies to community water systems and nontransient noncommunity water systems (hereinafter referred to as "water systems" or "systems").

(B) Scope. These regulations establish a treatment technique that includes requirements for corrosion control treatment, source water treatment, lead service line replacement, and public education. Lead and copper action levels, measured in samples collected at consumers' taps, may trigger these requirements.

(C) Lead and copper action levels, and lead threshold levels.

(1) The lead action level is exceeded if, at any time during the monitoring period, the concentration of lead in more than ten per cent of tap water samples collected during any monitoring period conducted in accordance with rule 3745-81-86 of the Administrative Code is greater than 0.015 milligram per liter, i.e., if the ninetieth percentile lead level is greater than 0.015 milligram per liter.

(2) The copper action level is exceeded if, at any time during the monitoring period, the concentration of copper in more than ten percent of tap water samples collected during any monitoring period conducted in accordance with rule 3745-81-86 of the Administrative Code is greater than 1.3 milligrams per liter, i.e., if the ninetieth percentile copper level is greater than 1.3 milligrams per liter.

(3) The ninetieth percentile lead and copper levels shall be computed as follows:

(a) The analytical results of all lead or copper samples taken during a monitoring period shall be placed in ascending order from the sample with the lowest concentration to the sample with the highest concentration. Each analytical result shall be assigned a consecutive whole number, beginning with the number one for the sample with the lowest contaminant level. The number assigned to the sample with the highest contaminant level shall be that of the total number of samples analyzed.

(i) If less than the minimum number of samples required by rule 3745-81-86 of the Administrative Code have been taken, the minimum number of samples shall be used in calculations.

(ii) If greater than or equal to the minimum number of samples required by rule 3745-81-86 of the Administrative Code have been taken, the total number of samples shall be used in calculations.

(b) The number of samples taken during the monitoring period shall be multiplied by 0.9.

(c) The contaminant concentration in the numbered sample with the number yielded by the calculation in paragraph (C)(3)(b) of this rule is the ninetieth percentile contaminant level.

If the result of the calculation in paragraph (C)(3)(b) of this rule is not a whole number, the concentrations for the samples above and below the result shall be iterated to yield the ninetieth percentile contaminant level.

(d) For public water systems that monitor five samples per monitoring period, the ninetieth percentile is computed by taking the average for the two samples with highest concentrations.

(e) For public water systems that have been allowed by the director to collect fewer than five samples under rule 3745-81-86 of the Administrative Code, the sample result with the highest concentration is considered the ninetieth percentile value.

(4) The lead threshold level is exceeded at 0.015 milligrams per liter concentration of lead in an individual tap water sample.

(D) Corrosion control treatment requirements.

(1) All water systems shall install and operate optimal corrosion control treatment as defined in rule 3745-81-01 of the Administrative Code.

(2) Any water system that complies with the applicable corrosion control treatment requirements approved by the director under rules 3745-81-81 and 3745-81-82 of the Administrative Code shall be deemed in compliance with the treatment requirement contained in paragraph (D)(1) of this rule.

(E) Source water treatment requirements. Any system exceeding the lead or copper action level shall implement all applicable source water treatment requirements specified by the director under rule 3745-81-83 of the Administrative Code.

(F) Lead service line replacement requirements. Any system exceeding that replaces lead service lines, replaces water mains in areas that contain or are likely to contain lead service lines or exceeds the lead action level after implementation of applicable corrosion control and source water treatment requirements shall complete the lead service line replacement requirements contained in rule 3745-81-84 of the Administrative Code.

(G) Consumer notification, lead public notification and public education requirements.

(1) Consumer notification. Pursuant to paragraph (D) of rule 3745-81-85 of the Administrative Code, all the owner or operator of a public water systems system shall provide a consumer notice of lead tap water monitoring results to persons served at the sites (taps) that are sampled.

(2) Lead public notification. Any system with results of lead tap water monitoring that show an exceedance of the lead action level shall provide lead public notification in accordance with rule 3745-81-85 of the Administrative Code.

(2) (3) Public education. Any system exceeding the lead action level shall implement the public education requirements contained in rule 3745-81-85 of the Administrative Code.

(H) Monitoring and analytical requirements. Monitoring of tap water for lead and copper, monitoring for water quality parameters, monitoring of source water at each entry point to the distribution system for lead and copper, and analyses of these monitoring samples shall be completed in compliance with rules 3745-81-86 to 3745-81-89 of the Administrative Code and Chapter 3745-89(laboratory approval) of the Administrative Code.

(I) Reporting requirements. Public water systems shall report to the director any information required by the treatment provisions of rules 3745-81-80 to 3745-81-90 of the Administrative Code.

(J) Recordkeeping requirements. Public water systems shall maintain records in accordance with rule 3745-81-90 of the Administrative Code.

(K) Violation of primary drinking water regulations. Failure to comply with the applicable requirements of rules 3745-81-80 to 3745-81-90 of the Administrative Code, including requirements established by the director pursuant to these provisions, shall constitute a violation of the Administrative Code primary drinking water regulations for lead and/or or copper.

Notes

Ohio Admin. Code 3745-81-80

Five Year Review (FYR) Dates: 1/24/2023 and 01/24/2028
Promulgated Under: 119.03
Statutory Authority: 6109.121, 6109.04
Rule Amplifies: 6109.04, 6109.121
Prior Effective Dates: 09/13/1993, 10/17/2003, 07/24/2009, 05/01/2018

Effective: 5/1/2018
Five Year Review (FYR) Dates: 1/31/2018 and 05/01/2023
Promulgated Under: 119.03
Statutory Authority: 6109.121, 6109.04
Rule Amplifies: 6109.04, 6109.121
Prior Effective Dates: 9/13/93, 10/17/03, 7/24/09