All water systems that replace lead
service lines, replace water mains in areas that contain or are likely to
contain lead service lines, or exceed the lead action level after the
implementation of corrosion control or source water treatment shall comply with
all applicable requirements in this rule.
(A)
Public
Requirements for
public water systems that exceed the lead
action level in tap water
monitoring pursuant to paragraph (D)(2) of rule
3745-81-86 of the Administrative
Code, after installing corrosion control
and/or
or source water
treatment (whichever sampling occurs later)
, shall
replace lead service lines in accordance with the requirements of this rule. If
a system is in violation of rule 3745-81-81 or rule 3745-81-83 of the
Administrative Code for failure to install source water treatment or corrosion
control treatment, the director may require the system to commence lead service
line replacement under this rule after the date by which the system was
required to conduct monitoring under paragraph (D)(2) of rule 3745-81-86 of the
Administrative Code has passed.
(1)
The water system shall identify the initial number of
lead service lines in its distribution system, including an identification of
the portion owned by the system, based on a materials evaluation, including the
evaluation required under paragraph (A) of rule
3745-81-86 of the Administrative
Code and relevant legal authorities regarding the portion owned by the system
(e.g., contracts and local ordinances).
(2)
The water system
shall replace annually at least seven per cent of the initial number of lead
service lines in its distribution system. The initial number of lead service
lines is the number of lead lines in place at the time the replacement program
begins. The first year of lead service line replacement shall begin on the
first day following the end of the monitoring period in which the action level
was exceeded under paragraph (A) of this rule. If monitoring is required
annually, or triennially, the end of the monitoring period is September
thirtieth of the calendar year in which the sampling occurs. If the director
has established an alternate period, then the end of the monitoring period will
be the last day of that period.
The director shall require a public
water system to replace lead service lines on a shorter schedule than that
required by this rule, taking into account the number of lead service lines in
the system, where such a shorter replacement schedule is feasible. The director
shall make this determination in writing and notify the system of the finding
within six months after the system is required to commence lead service line
replacement based on monitoring referenced in this paragraph.
(3)
If the
water system is in violation of rule
3745-81-81 or rule
3745-81-83 of the Administrative
Code for failure to install source water treatment or corrosion control
treatment, the director may require the system to commence lead service line
replacement under this rule after the date by which the system was required to
conduct monitoring under paragraph (D)(2) of rule
3745-81-86 of the Administrative
Code has passed.
(4)
Any public water system may cease replacing lead
service lines whenever first- draw samples collected pursuant to paragraph
(B)(2) of rule
3745-81-86 of the Administrative
Code meet the lead action level during each of two consecutive monitoring
periods and the system submits the results to the director. If first-draw tap
samples monitored in any such water system thereafter exceed the lead action
level, the system shall recommence replacing lead service lines, pursuant to
paragraph (C) of this rule.
(5)
Any water system
resuming a lead service replacement program after the cessation of its lead
service line replacement program, as allowed by paragraph (A)(4) of this rule,
shall update its inventory of lead service lines. The system will then divide
the updated number of remaining lead service lines by the number of remaining
years in the program to determine the number of lines that must be replaced per
year (seven per cent lead service line replacement is based on a fifteen year
replacement program: e.g., systems resuming lead service line replacement after
previously conducting two years of replacement would divide the updated
inventory by thirteen). For those systems that have completed a fifteen year
lead service line replacement program, the director will determine a schedule
for replacing or retesting lines that were previously tested out under the
replacement program when the system re-exceeds the action level
(6)
The water system
shall replace lead service lines in accordance with the requirements of
paragraph (C) of this rule.
(7)
The water system
shall report to the director the information specified in paragraph (E) of rule
3745-81-90 of the Administrative
Code.
(B)
Lead service line replacement schedule
Beginning October 1, 2018, systems conducting a water
main replacement in an area with known lead service lines or in an area that is
likely to contain lead service lines shall do so in accordance with this
paragraph .
(1) A water system shall replace
annually at least seven per cent of the initial number of lead service lines in
its distribution system. The initial number of lead service lines is the number
of lead lines in place at the time the replacement program begins. The system
shall identify the initial number of lead service lines in its distribution
system, including an identification of the portion(s) owned by the system,
based on a materials evaluation, including the evaluation required under
paragraph (A) of rule 3745-81-86 of the Administrative Code and relevant legal
authorities regarding the portion owned by the system (e.g., contracts and
local ordinances).
The first year of lead service line
replacement shall begin on the first day following the end of the monitoring
period in which the action level was exceeded under paragraph (A) of this rule.
If monitoring is required annually, triennially, or less frequently, the end of
the monitoring period is September thirtieth of the calendar year in which the
sampling occurs. If the director has established an alternate period, then the
end of the monitoring period will be the last day of that
period.
(2) Any water system resuming a lead
service replacement program after the cessation of its lead service line
replacement program, as allowed by paragraph (F) of this rule, shall update its
inventory of lead service lines to include those sites that were previously
determined not to require replacement through the sampling provision under
paragraph (C) of this rule. The system will then divide the updated number of
remaining lead service lines by the number of remaining years in the program to
determine the number of lines that must be replaced per year (seven per cent
lead service line replacement is based on a fifteen year replacement program:
e.g., systems resuming lead service line replacement after previously
conducting two years of replacement would divide the updated inventory by
thirteen). For those systems that have completed a fifteen year lead service
line replacement program, the director will determine a schedule for replacing
or retesting lines that were previously tested out under the replacement
program when the system re-exceeds the action level.
(1)
The water system
shall provide notice of the work to be performed by the system to consumers in
the impacted area at least forty-five days prior to commencing the replacement.
The director may allow the owner or operator of a water system to provide
notice under the previous sentence less than forty-five days prior to
commencing the replacement where such replacement is in conjunction with
emergency repairs. The notice shall shall include language, acceptable to the
director, that explains that work being performed may cause a temporary
increase in lead levels in drinking water, provides instructions on filter use
required to be offered in paragraph (D) of this rule, and guidance on measures
the consumer can take to reduce lead levels at their tap.
(2)
The water system
shall comply with the requirements in paragraph (D) of this rule.
(C) A public water system is not
required to replace an individual lead service line if the lead concentration
in all service line samples from that line, taken pursuant to paragraph(B)(3)
of rule 3745-81-86 of the Administrative Code, is less than or equal to 0.015
milligram per liter.
(D)
(C)
Beginning October 1, 2018, except in conjunction with
action level exceedence, any system performing a lead service line replacement
shall do so in accordance with this paragraph. A
public water system
shall replace that portion of the
lead service line that it owns. In cases
where the system does not own the entire
lead service line, the system shall
notify the owner of the line, or the owner's authorized agent, that the system
will replace the portion of the service line that it owns and shall offer to
replace the owner's portion of the line. A system is not required to bear the
cost of replacing the privately-owned portion of the line, nor is it required
to replace the privately-owned portion where the owner chooses not to pay the
cost of replacing the privately-owned portion of the line, or where replacing
the privately-owned portion would be precluded by state, local, or common law.
A water system shall maintain a record of a full or
partial lead service line replacement with an acknowledgment from the owner of
the line of the work performed by the water system, for a minimum of twelve
years. A water system that does not replace the entire length of the
service line
also shall complete the
following tasks
.
and the requirements in paragraph (D) of this rule:
(1) At least forty-five days prior to
commencing with the partial replacement of a
lead service line, the
owner or operator of a water system shall provide
notice to the residents of all buildings served by the line
. The notice shall shall include language, acceptable to the
director, that explains that work being performed may cause a temporary
increase in lead levels in drinking water, provides instructions on filter use
required to be offered in paragraph (D) of this rule, and guidance on measures
the consumer can take to reduce lead levels at their tap
explaining that they may experience a temporary
increase of lead levels in their drinking water, along with guidance on
measures consumers can take to minimize their exposure to lead. The
director may allow the
owner or operator of a
water system to provide notice under the previous sentence less than forty-five
days prior to commencing partial
lead service line replacement where such
replacement is in conjunction with emergency repairs. In addition, the water
system shall inform the residents serviced by the line that the system will, at
the system's expense, collect a sample from each partially-replaced
lead
service line that is representative of the water in the service line for
analysis of lead content, as prescribed under paragraph (B)(3) of rule
3745-81-86 of the Administrative
Code, within seventy-two hours after the completion of the partial replacement
of the service line. The system shall collect the sample and report the results
of the analysis to the owner and the residents served by the line within
three
two
business days of receiving the
laboratory
results. Mailed notices post-marked within
three
two business
days of receiving the
laboratory results shall be
considered "on time."
(2) The water
system shall provide the information required by paragraph
(D)(1)
(C) (1)
of this rule to the residents of individual dwellings by mail or by other
methods approved by the director. In instances where multi-family dwellings are
served by the line, the water system shall have the option to post information
at a conspicuous location. In instances where a school,
hospital or other non-residential building is served by the line, the water
system shall notify the building administrator. In the case of public water
systems that are schools, day cares, nursing homes or correctional
institutions, the parents, legal guardians or power of attorney shall be
directly notified.
(D)
Prior to
beginning a partial lead service line replacement in accordance with paragraph
(C) of this rule or a water main replacement in accordance with paragraph (B)
of this rule, a water system shall offer and provide drinking water treatment
unit filters up to a period of three months to consumers in the area impacted
by the replacement. The filters shall meet NSF/ANSI standard 53 for "Drinking
Water Treatment Units - Health Effects."
(E) The director shall require a
public water system to replace lead service lines on a shorter schedule than
that required by this rule, taking into account the number of lead service
lines in the system, where such a shorter replacement schedule is feasible. The
director shall make this determination in writing and notify the system of the
finding within six months after the system is required to commence lead service
line replacement based on monitoring referenced in paragraph (A) of this
rule.
(F) Any public water system may
cease replacing lead service lines whenever first-draw samples collected
pursuant to paragraph (B)(2) of rule 3745-81-86 of the Administrative Code meet
the lead action level during each of two consecutive monitoring periods and the
system submits the results to the director. If first-draw tap samples monitored
in any such water system thereafter exceed the lead action level, the system
shall recommence replacing lead service lines, pursuant to paragraph (B) of
this rule.
(G) To demonstrate compliance with
paragraphs (A) to (D) of this rule, a public water system shall report to the
director the information specified in paragraph (E) of rule 3745-81-90 of the
Administrative Code.
(E)
In lieu of
completing lead service line replacement as required under this rule, the
director may use sole discretion to allow a public water system to use an
alternative method to eliminate exposure to lead from lead service lines when,
at a minimum, the following conditions are met:
(1)
The alternative
method has been approved by U.S. EPA as an acceptable alternative for lead
service line replacement pursuant to the Safe Drinking Water
Act.
(2)
The director grants approval to the public water system
to use the alternative method.
When using the alternative method under
this paragraph, a public water system shall comply with all the other
substantive requirements of this rule and with the reporting requirements under
paragraph (E) of rule
3745-81-90 of the Administrative
Code.
[Comment: NSF/ANSI Standard 53,
Drinking Water Treatment Units - Health Effects, October 1, 2015, Document
Number NSF/ANSI 53-2010. This rule incorporates this standard by reference.
Copies may be obtained from "NSF International, 789 N. Dixboro Road, P.O. Box
130140, Ann Arbor, MI 48105," (734) 769-8010,
http://www.nsf.org
. This standard is available for review at "Ohio EPA,
Lazarus Government Center, 50 West Town Street, Suite 700, Columbus, OH
43215.]"
Notes
Ohio Admin. Code
3745-81-84
Five Year Review (FYR) Dates:
1/24/2023 and
01/24/2028
Promulgated
Under: 119.03
Statutory
Authority: 6109.121,
6109.04
Rule
Amplifies: 6109.121,
6109.04
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: 09/13/93,
10/17/03, 7/24/09
