This rule applies to all public water systems, including
consecutive water systems.
(A) Tier 1
public notification.
(1) A public water system
shall issue tier 1 public notification in accordance with rule
3745-81-32 of the Administrative
Code when any of the following occur:
(a) A
microcystins action level established paragraph (A)(1) or (A)(2) in rule
3745-90-02 of the Administrative
Code is exceeded in a
repeat sample collected at the
finished water sampling
point in accordance with rule
3745-90-03 of the Administrative
Code, unless the director agrees in writing that the timeline for notification
may be extended or public notification is not necessary, based on extenuating
circumstances, until additional results are received.
(b) If required by the director based on the
results of resamples, distribution system samples or
daily
other samples
collected in accordance with paragraph (A)(4), (B) or (C)(2) of rule
3745-90-03 of the Administrative
Code.
(c) Failure to conduct
resampling or repeat sampling in accordance with paragraph (A)(4)(a),
(A)(4)(b), (C)(2)(a) or (C)(2)(b) of rule
3745-90-03 of the Administrative
Code, unless the director agrees in writing that the timeline for notification
may be extended or public notification is not necessary.
(2) The public notification shall include
applicable content in accordance with paragraph (E) of rule
3745-81-32 of the Administrative
Code, the
action level exceeded and the standard health effects language in
paragraph (C) of this rule.
(3)
The director may allow the system to limit
distribution of the public notice in accordance with paragraph (A)(2) of rule
3745-81-32 of the Administrative Code.
If a
community public water system has an action level exceedance of microcystins in
a portion of the distribution system that is physically or hydraulically
isolated from other parts of the distribution system as documented in the map
of the distribution system required by Chapter 3745-85 of the Administrative
Code, the director may allow the system to limit distribution of the public
notice to only persons served by that portion of the system which is out of
compliance. Permission for limited distribution shall be granted in writing by
the director.
(4) Unless
otherwise specified by the director based on public health and safety
considerations, tier 1 public notification shall remain in effect until
the following occur:
microcystins
(a) Microcystins
concentrations are below the action level in two consecutive samples collected
a minimum of twenty-four hours apart at the finished water sampling
point.
(b) Microcystins concentrations are
below the action level in one set of samples collected at the distribution
sampling points.
(B) Consumer confidence report.
Each community public water system which
exceeds
has a
microcystins
detection
action level established in paragraph (A)(1) or (A)(2) of
rule 3745-90-02 of the Administrative Code in a sample collected at a
finished water sampling point in a daily, resample
or repeat sample, or a distribution sampling point collected within
their own community water system in
accordance with rule
3745-90-03 of the Administrative
Code shall include the following in the consumer confidence report required by
Chapter 3745-96 of the Administrative Code:
(1) The microcystins action level.
(2) The range of levels detected and highest
single measurement of microcystins concentration in samples collected at
finished water sampling points and distribution sampling points.
(3) Information regarding the major source of
the contaminant: "Produced by some naturally occurring cyanobacteria, also
known as blue-green algae, which under certain conditions (i.e., high nutrient
concentration and high light intensity) may produce microcystins."
(4) Standard health effects language in
paragraph (C) of this rule
, when there is an exceedance
of action level established in paragraph (A)(1) or (A)(2) of rule
3745-90-02 of the Administrative
Code.
(C) Standard
health effects language.
The following standard health effects language shall be used in
public notification and consumer confidence reports: "Consuming water
containing concentrations of microcystins over the action level may result in
abnormal liver function, diarrhea, vomiting, nausea, numbness or dizziness.
Children younger than school age, pregnant women, nursing mothers, the elderly,
immune-compromised individuals, those with pre-existing liver conditions and
those receiving dialysis treatment may be more susceptible than the general
population to the health effects of microcystins."
Notes
Ohio Admin. Code
3745-90-06
Effective:
11/1/2022
Five Year Review (FYR) Dates:
3/30/2022 and
11/01/2027
Promulgated
Under: 119.03
Statutory
Authority: 3745.50,
6109.04
Rule
Amplifies: 3745.50,
6109.04
Prior
Effective Dates: 06/01/2016
