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