All public water systems collecting tap
water samples in accordance with rule
3745-81-86 of the Administrative
Code shall comply with all applicable requirements in this rule.
(A)
Consumer notice
of results.
A water system shall complete all
applicable notice requirements in this rule for the results of tap water
monitoring collected in accordance with rule
3745-81-86 of the Administrative
Code, as follows:
(1)
Provide notice of the lead results, from each
individual tap water sample to the owner and persons served at the residence or
other structure where the tap was sampled as soon as practical but no later
than two business days after receipt of the laboratory results.
(2)
The consumer
notice shall include the results of lead tap water monitoring for the tap that
was tested, an explanation of health effects of lead, list steps consumers can
take to reduce exposure to lead in drinking water and contact information for
the system. The notice shall also provide the maximum contaminant level goal,
the action level for lead, the lead threshold level, and definitions from rule
3745-81-01 of the Administrative
Code.
(3)
Consumer notice of tap water monitoring results shall
be provided to persons served at the tap that was tested, by the following
methods accepted by the director:
(a)
For results below the lead threshold level, notice may
include hand-delivery, mail, electronic mail, and phone calls.
(b)
For results above
the lead threshold level, notice may include hand-delivery, electronic mail,
and documented phone calls followed by written notice that is mailed.
The system shall provide the notice to
customers at sample taps tested, including consumers who do not receive water
bills. In the case of schools, day cares, nursing homes or correctional
institutions, legal guardians or power of attorney shall be notified by a
method accepted by the director.
(4)
If the results of
lead tap water monitoring show that a sample from an individual tap is above
the lead threshold level, the following, as applicable shall be
completed:
(a)
Provide information on the availability of health screening
and blood lead level testing to the owner and persons served at the residence
or other structure where the tap was sampled no later than two business days
after receipt of the laboratory results.
(b)
Provide notice of
the laboratory results to the applicable board of health no later than two
business days after receipt of the laboratory results.
(c)
The owner and
operator of a nontransient noncommunity water system shall immediately remove
from service all fixtures identified as contributing to elevated lead
levels.
(B)
Supplemental
monitoring and consumer notice of results.
A water system that exceeds the lead
action level on the basis of tap water samples collected in accordance with
rule 3745-81-86 of the Administrative
Code shall provide information on the availability of tap water monitoring to
any customer who requests it. The system is not required to pay for collecting
or analyzing the sample, nor is the system required to collect and analyze the
sample. Water systems shall complete applicable consumer notice requirements in
paragraph (A) of this rule for all samples collected or analyzed by the water
system.
(C)
Lead public notification.
(1)
If the results of
lead tap water monitoring show an exceedance of the lead action level, the
water system shall provide lead public notification of lead action level
exceedance to all of the system's water consumers no later than two business
days after receipt of the laboratory results.
A water system that exceeds the action
level prior to the end of the monitoring period may collect additional samples
that meet the criteria established in rule
3745-81-86 of the Administrative
Code.
(a)
If
the ninetieth percentile lead level falls below the lead action level prior to
the deadlines established in paragraphs (C)(2) and (C)(3) of this rule, the
water system does not have to complete the requirements of paragraphs (C)(2)
and (C)(3) of this rule.
(b)
If the water system subsequently exceeds the lead
action level the requirements in paragraphs (C)(2) and (C)(3) of this rule will
be required.
(c)
A second lead public notification shall be issued at
the end of the monitoring period with updated
results.
(2)
Community water systems shall provide information on
the availability of tap water testing for lead to all consumers served by the
system no later than five business days after receipt of the laboratory
results.
(3)
Comply with public education requirements as
established in paragraph (F) of this rule no later than thirty business days
after receipt of the laboratory results.
(D)
Content of public
notification.
Lead public notification shall include
the ninetieth percentile lead level, number of samples used to compute the
ninetieth percentile lead level, an explanation of the health effects of lead,
a list of the steps consumers can take to reduce exposure to lead in drinking
water, and contact information for the water system.
(E)
Delivery of
public notification.
(1)
Lead public notification shall be provided by a method
accepted by the director, including broadcast media (e.g., radio and
television), social media, delivering the notification by hand, delivering the
notification by electronic mail or posting the notice in conspicuous locations
throughout the area served by the water system.
(2)
A community water
system shall repeat the lead public notification twice every twelve months on a
schedule agreed upon with the director.
(F)
Content of public
education.
A water system that exceeds the lead
action level based on tap water samples collected in accordance with rule
3745-81-86 of the Administrative
Code, shall deliver public education material in accordance with paragraph (G)
of this rule using the following content:
(1)
The content of
written public education materials shall be in print (e.g., brochures and
pamphlets) and include the exact language in paragraphs (F)(1)(a), (F)(1) (b)
and (F)(1)(f) of this rule, except for the text in brackets in these paragraphs
for which the water system shall include system-specific information. Any
additional information presented by a system shall be consistent with the
information below and be in plain language that can be understood by the
general public. All written public education material content shall be
acceptable to the director prior to delivery.
(a)
"IMPORTANT
INFORMATION ABOUT LEAD IN YOUR DRINKING WATER.
[INSERT NAME OF WATER SYSTEM] found
elevated levels of lead in drinking water in some homes / buildings. Lead can
cause serious health problems, especially for pregnant women and young
children. Please read this information closely to see what you can do to reduce
lead in your drinking water."
(b)
"HEALTH EFFECTS
OF LEAD.
Lead can cause serious health problems
if too much enters your body from drinking water or other sources. It can cause
damage to the brain and kidneys, and can interfere with the production of red
blood cells that carry oxygen to all parts of your body. The greatest risk of
lead exposure is to infants, young children, and pregnant women. Scientists
have linked the effects of lead on the brain with lowered IQ in children.
Adults with kidney problems and high blood pressure can be affected by low
levels of lead more than healthy adults. Lead is stored in the bones, and it
can be released later in life. During pregnancy, the child receives lead from
the mother's bones, which may affect brain development."
(c)
Sources of lead:
(i)
Explain what lead is.
(ii)
Explain possible
sources of lead in drinking water and how lead enters drinking water. Include
information on home or building plumbing material and service lines that may
contain lead.
(iii)
Discuss other important sources of lead exposure in
addition to drinking water (e.g., paint).
(d)
Discuss the steps
the consumer can take to reduce their exposure to lead in drinking water.
(i)
Encourage
running the water to flush out the lead.
(ii)
Explain concerns
using hot water from the tap and specifically caution again the use of hot
water for preparing baby formula.
(iii)
Explain that
boiling water does not reduce lead levels.
(iv)
Discuss other
options consumers can take to reduce exposure to lead in drinking water, such
as alternative sources or treatment of water.
(v)
Note that the
centers for disease control and prevention (CDC) recommends children and
pregnant women use bottled water or water from a filtration system has been
certified by an independent testing organization to reduce or eliminate lead
for cooking, drinking and baby formula preparation in homes.
(vi)
Suggest that
parents have their child's blood tested for lead.
(vii)
Provide
information about the availability of health screenings and blood lead level
testing in the areas served by the system.
(viii)
Explain that
parents can have their drinking water tested for lead. Provide a list of Ohio
EPA approved laboratories that test for lead, including their names and phone
numbers.
(e)
Explain why there are elevated levels of lead in the
system's drinking water (if known) and what the water system is doing to reduce
the lead levels in homes or buildings in this area.
(f)
Provide an
analysis of laboratory results.
(g)
"For more
information call us at [INSERT YOUR PHONE NUMBER] [(if applicable) or visit our
web site at [INSERT YOUR WEB SITE HERE]]. For more information on reducing lead
exposure around your home / building and the health effects of lead, visit
EPA's web site at http://www.epa.gov/lead or contact your local health care
provider."
(2)
Community water system. In addition to including the
elements specified in paragraph (F)(1) of this rule, community water systems
shall discuss lead in plumbing components and the difference between low lead
and lead free.
(G)
Delivery of public education materials.
(1)
In the case of
public water systems that are schools, day cares, nursing homes or correctional
institutions, legal guardians or power of attorney shall be directly
notified.
(2)
For public water systems serving a large population of
non-English speaking consumers, as determined by the director, the public
education material must contain information in the appropriate language
regarding the importance of the notice or contain a telephone number or address
where persons served may contact the water system to obtain a translated copy
of the public education materials or to request assistance in the appropriate
language.
(3)
Community water systems.
A community water system that exceeds
the lead action level on the basis of tap water samples collected in accordance
with rule
3745-81-86 of the Administrative
Code, and that is not already conducting public education tasks under this
rule, shall conduct the following public education tasks within thirty business
days after receipt of the laboratory results:
(a)
Deliver printed
materials meeting the content requirements of paragraph (F) of this rule to all
bill paying customers.
(b)
Contact customers who are most at risk by doing the
following:
(i)
Delivering education materials that meet the content
requirements of paragraph (F) of this rule to local public health agencies even
if they are not located within the service area of the public water system,
along with an informational notice that encourages distribution to all
potentially affected customers of the organization or users of the community
water system. The water system shall contact the local public health agencies
directly by phone or in person. The local public health agencies may provide a
specific list of additional community based organizations serving target
populations, which may include organizations outside the service area of the
water system. If such lists are provided, systems shall deliver education
materials that meet the content requirements of paragraph (F) of this rule to
all organizations on the provided lists.
(ii)
Delivering
materials that meet the content of paragraph (F) of this rule to the
organizations listed below that are located within the water system's service
area, along with an informational notice that encourages distribution to all
the organization's potentially affected customers or community water system's
users:
(a)
Public and private schools or school boards.
(b)
Women, infant and
children (WIC) and head start programs.
(c)
Public and
private hospitals and medical clinics.
(d)
Pediatricians.
(e)
Family planning clinics.
(f)
Local welfare
agencies and jobs and family services.
(iii)
Make a good
faith effort to locate the following organizations within the service area and
deliver materials that meet the content requirements of paragraph (F) of this
rule to them, along with an informational notice that encourages distribution
to all potentially affected customers or users. The good faith effort to
contact at-risk customers may include requesting a specific contact list of the
following organizations from the local public health agencies, even if the
agencies are not located within the water system's service area:
(a)
Licensed
childcare centers.
(b)
Public and private preschools.
(c)
Obstetricians,
gynecologists and midwives.
(c)
No less often
than quarterly, provide information on or in each water bill as long as the
system exceeds the action level of lead. The message on the water bill shall
include the following statement exactly as written except for the text in
brackets for which the water system shall include system-specific information:
"[INSERT NAME OF WATER SYSTEM] found high levels of lead in drinking water in
some homes. Lead can cause serious health problems. For more information please
call [INSERT YOUR NUMBER] (or visit [INSERT YOUR WEB SITE HERE])." The message
or delivery mechanism can be modified in consultation with the director;
specifically, the director may allow a separate mailing of public education
materials to customers if the water system cannot place the information on
water bills.
(d)
Post material meeting the content requirements of
paragraph (F) of this rule on the water system's web site if the system serves
a population greater than one hundred thousand.
(e)
In addition to
paragraphs (G)(3)(a) to (G)(3)(d) of this rule, systems shall implement at
least three of the following activities:
(i)
Public service
announcements.
(ii)
Paid advertisements.
(iii)
Public area
information displays.
(iv)
E-mails to customers.
(v)
Public
meetings.
(vi)
Household deliveries.
(vii)
Targeted
individual customer contact.
(viii)
Direct
material distribution to all multi-family homes and
institutions.
(ix)
Other methods approved by the director.
The educational content and selection
of these activities shall be determined in consultation with the
director.
(4)
Frequency of
delivery for community water systems. As long as a community water system
exceeds the action level, the activities shall be repeated pursuant to
paragraph (G)(3) of this rule as follows:
(a)
A community water
system shall repeat the tasks contained in paragraphs (G)(3)(a), (G)(3)(b), and
(G)(3)(e) of this rule every twelve months.
(b)
A community water
system shall repeat tasks contained in paragraph (G) (3)(c) of this rule with
each billing cycle.
(c)
A community water system serving a population greater
than one hundred thousand shall post and retain material on a publically
accessible web site pursuant to paragraph (G)(3)(d) of this
rule.
(5)
Nontransient noncommunity water systems.
Frequency of delivery for nontransient
noncommunity water systems. Within thirty days after receipt of the laboratory
results [unless it already is repeating public education tasks pursuant to
paragraph (G)(6) of this rule], a nontransient noncommunity water system shall
deliver the public education materials specified by paragraph (F) of this rule
as follows:
(a)
Post informational posters on lead in drinking water in
a public place or common area in each of the buildings served by the
system.
(b)
Distribute information via pamphlets, brochures or
electronic transmission on lead in drinking water to each person served by the
nontransient noncommunity water system.
(6)
A nontransient
noncommunity water system shall repeat the tasks contained in paragraph (G)(5)
of this rule at least once during each calendar year in which the system
exceeds the lead action level.
(7)
A water system
may discontinue delivery of public education materials if the system has not
exceeded the lead action level during the most recent six-month monitoring
period conducted pursuant to rule
3745-81-86 of the Administrative
Code. Such a system shall recommence public education in accordance with this
rule if the system subsequently exceeds the lead action level during any
monitoring period.
(8)
A community water system may only perform the tasks
listed in paragraphs (G) (5) and (G)(6) of this rule in lieu of the tasks in
paragraphs (G)(3) and (G)(4) of this rule if the following criteria are
met:
(a)
The
system is a facility, such as a prison or a hospital, where the population
served is not capable of or is prevented from making improvements to
plumbing.
(b)
The system provides water as part of the cost of
services provided and does not separately charge for water
consumption.
(9)
A community water system serving thirty-three hundred
or fewer people may limit certain aspects of the public education programs as
follows:
(a)
The water system shall implement at least one of the
activities listed in paragraph (G)(3)(e) of this rule.
(b)
The water system
may limit the distribution of the public education materials required in
paragraph (G)(3)(b) of this rule to facilities and organizations served by the
system that are most likely to be visited regularly by pregnant women and
children, unless the system is notified by the director in writing that the
system shall make a broader distribution.
Replaces:
3745-81-85
Notes
Ohio Admin. Code
3745-81-85
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: 05/01/2023
Promulgated Under: 119.03
Statutory Authority: 6109.121,
6109.04
Rule Amplifies: 6109.121, 6109.04
Prior Effective
Dates: 9/13/93, 10/17/03, 7/24/09
