Or. Admin. R. 333-061-0034 - Treatment Requirements and Performance Standards for Corrosion Control
(1) At community
and NTNC water systems, when the action level for lead or copper is exceeded,
water suppliers must take the following actions as approved by the Authority:
(a) Comply with the applicable corrosion
control treatment requirements specified in sections (2) and (3) of this
rule;
(b) Implement the applicable
source water treatment requirements specified in section (4) of this
rule;
(c) Implement the public
education requirements specified in section (5) of this rule; and
(d) Monitor lead or copper in tap water,
water quality parameters and lead and copper in source water according to
333-061-0036(10) and analyze the monitoring results according to OAR
333-061-0036(1).
(e) Failure to
comply with the applicable requirements prescribed in this rule constitutes a
violation of the rule.
(2) The corrosion control treatment
requirements specified in section (3) of this rule must be completed based on
the size of the water system as specified in this section.
(a) At water systems serving more than 50,000
people, water suppliers must maintain and operate Authority-specified optimal
water quality control parameters as prescribed in subsection (3)(m) of this
rule and monitor lead and copper in tap water according to OAR
333-061-0036(10)(a) through (e).
(b) At water systems serving 50,000 people or
less, except at systems where the Authority considers optimized corrosion
control treatment to be present according to paragraphs (2)(d)(A) through (C)
of this rule, water suppliers must complete the applicable corrosion control
steps identified in paragraphs (2)(b)(A) through (I) of this rule when sample
results exceed the action level for lead or copper.
(A) Water suppliers must recommend optimal
corrosion control treatment within six months after the end of the monitoring
period when sample results exceed the action level.
(B) Water suppliers must perform corrosion
control studies within 12 months after the end of the monitoring period when
sample results exceed the action level, if required by the Authority.
(C) If the Authority requires corrosion
control studies according to paragraph (2)(b)(B) of this rule, the water
supplier must complete the studies within 18 months.
(D) The Authority shall designate optimal
corrosion control treatment within six months after a water supplier completes
corrosion control studies according to paragraph (2)(b)(C) of this
rule.
(E) If the Authority does not
require corrosion control studies according to paragraph (2)(b)(B) of this
rule, the Authority shall designate optimal corrosion control treatment:
(i) Within 18 months for water systems
serving 3,301 to 50,000 people; or
(ii) Within 24 months for water systems
serving 3,300 people or less.
(F) Water suppliers must install optimal
corrosion control treatment within 24 months after the Authority designates
optimal corrosion control treatment.
(G) Water suppliers must complete follow-up
monitoring according to OAR 333-061-0036(10)(d)(B) within 12 months after the
deadline designated by the Authority to install optimal corrosion control
treatment.
(H) The Authority shall
designate optimal water quality control parameters within 6 months after a
water supplier completes follow-up monitoring.
(I) Water suppliers must monitor according to
OAR 333-061-0036(10)(f) and operate treatment such that the
Authority-designated optimal water quality control parameters are met at all
times.
(c) At any water
system where the corrosion control steps specified in subsection (2)(b) of this
rule are required because the action level for lead or copper was exceeded, the
water supplier may cease completing the treatment steps if sample results
subsequently collected according to OAR 333-061-0036(10)(d) are at or below the
action levels for both lead and copper during each of two consecutive
monitoring periods. If any such water system thereafter exceeds the lead or
copper action level during any monitoring period, the water supplier (or the
Authority if applicable) shall recommence completing the applicable treatment
steps, beginning with the first treatment step which was not previously
completed in its entirety. The Authority may require a water supplier to repeat
treatment steps previously completed if the Authority determines it is
necessary to properly implement the treatment requirements specified in this
rule. The Authority shall notify the water supplier in writing of such a
determination and explain the basis for its decision.
(d) At any water system considered to have
optimized corrosion control according to this subsection, water suppliers must
operate and maintain existing corrosion control treatment and also comply with
any requirements determined to be necessary by the Authority. The Authority
considers optimized corrosion control treatment to be present at a water system
and that the corrosion control treatment steps identified in this section are
not required if at least one of the criteria identified in this subsection is
met.
(A) At water systems serving 50,000
people or less, sample results are consistently at or below the lead and copper
action levels and no more than one round of samples has exceeded the action
level at the water system.
(B) At
any water system where the water supplier demonstrated to the Authority's
satisfaction that it conducted activities equivalent to the corrosion control
steps identified in paragraphs (2)(b)(A) through (H) of this rule. If the
Authority makes this determination, it shall provide the water supplier written
notice explaining the basis for the decision and specifying the water quality
control parameters representing optimal corrosion control according to
subsection (3)(l) of this rule. At water systems considered to have optimized
corrosion control treatment according to this paragraph, water suppliers must
operate the treatment in compliance with the Authority-designated optimal water
quality control parameters according to subsection (3)(m) of this rule and
monitor for lead and copper and water quality parameters according to OAR
333-061-0036(10)(d) and OAR 333-061-0036(10)(f), respectively. Water suppliers
must provide the Authority with the following information to allow a
determination according to this paragraph:
(i) The results of all samples collected for
each of the water quality parameters identified in subsection (3)(d) of this
rule;
(ii) A report explaining the
test methods used by the water supplier to evaluate the corrosion control
treatments listed in subsection (3)(c) of this rule, the results of all tests
conducted, and the basis for the water supplier's selection of optimal
corrosion control treatment;
(iii)
A report explaining how corrosion control was installed and how it is
maintained to ensure minimal lead and copper concentrations at consumers' taps;
and
(iv) The results of tap water
samples collected according to OAR 333-061-0036(10)(d)(B) at least once every
six months for one year after corrosion control treatment was
installed.
(C) At any
water system where the results of tap water monitoring and source water
monitoring conducted according to OAR 333-061-0036(10)(d) and (g), respectively
demonstrate for two consecutive six-month monitoring periods that the
difference between lead concentrations in the 90th percentile tap water sample
result calculated according to OAR 333-061-0030(1)(c)(A) and the highest source
water concentration is less than 0.005 mg/l.
(i) At water systems where the highest
concentration of lead in source water is below the method detection limit, lead
in the 90th percentile tap water sample result must be less than or equal to
the practical quantitation level in two consecutive six month monitoring
periods;
(ii) Water suppliers must
monitor for lead and copper no less frequently than once every three years
according to OAR 333-061-0036(10)(d)(D) if the Authority considers a water
system to have optimized corrosion control treatment present.
(iii) At any water system considered to have
optimized corrosion control treatment, water suppliers must notify the
Authority in writing of any upcoming, long-term change in treatment (for
example, changing disinfectants or corrosion control chemicals) or if a new
water source will be utilized. The Authority must review and approve the
changes at the water system before they are implemented by the water supplier.
At any such water system, the Authority may require additional monitoring or
other actions it deems appropriate to ensure minimal levels of corrosion in the
water distribution system;
(iv) If
sample results collected according to OAR 333-061-0036(10)(d) exceed the action
level for lead or copper for two consecutive six month rounds at any water
system where optimized corrosion control treatment is considered to be present,
the water supplier must complete the corrosion control steps specified in
subsection (2)(b) of this rule according to the deadlines prescribed
therein.
(3) Water suppliers must complete the
corrosion control treatment requirements described in this section as required
by section (2) of this rule.
(a) At water
systems serving 50,000 people or less and where the action level for lead or
copper was exceeded, water suppliers must recommend installation of one or more
of the corrosion control treatment methods listed in subsection (3)(c) of this
rule that constitute optimal corrosion control for the water system in
question, based upon monitoring results for lead and copper and water quality
parameters. The Authority may require the water supplier to conduct additional
water quality parameter monitoring according to OAR 333-061-0036(10)(f) to
facilitate Authority review of the water supplier's recommendation.
(b) Water suppliers performing corrosion
control studies must evaluate the effectiveness of each treatment method
identified in this subsection and, if appropriate, combinations of the
treatment methods to identify optimal corrosion control treatment for a system.
Water suppliers must evaluate each of the corrosion control treatment methods
using either pipe rig/loop tests, metal coupon tests, partial-system tests, or
analyses based on documented analogous treatments at other water systems of
similar size and with similar water chemistry and distribution system
configuration. Treatment methods include:
(A)
Alkalinity and pH adjustment;
(B)
Calcium hardness adjustment; and
(C) The addition of a phosphate or silicate
based corrosion inhibitor at a concentration sufficient to maintain an
effective residual concentration in all test tap samples.
(c) Water suppliers must measure the
following water quality parameters in any tests before, during or after
evaluating the corrosion control treatment methods listed in subsection (3)(b)
of this rule:
(A) Lead;
(B) Copper;
(C) pH;
(D) Alkalinity;
(E) Calcium;
(F) Conductivity;
(G) Orthophosphate (when an inhibitor
containing a phosphate compound is used);
(H) Silicate (when an inhibitor containing a
silicate compound is used); and
(I)
Water temperature.
(d)
Any additional chemical treatment methods considered by a water supplier must
be evaluated by conducting appropriate studies and analyses approved by the
Authority that are equivalent in scope to the studies and analyses required in
this section.
(e) Water suppliers
must identify all chemical or physical constraints that limit or prohibit the
use of a particular corrosion control treatment and document such constraints
with at least one of the following:
(A) Data
and documentation showing that a particular corrosion control treatment has
adversely affected other water treatment processes when used at another water
system with comparable water quality characteristics; or
(B) Data and documentation demonstrating that
the water supplier previously attempted to evaluate a particular corrosion
control treatment and found that the treatment is ineffective or adversely
affects other water quality treatment processes.
(f) Water suppliers must evaluate the effect
of the chemicals used for corrosion control treatment on other water quality
treatment processes.
(g) Water
suppliers must recommend to the Authority in writing the treatment option that
corrosion control studies indicate constitutes optimal corrosion control
treatment for a water system on the basis of an analysis of the data generated
during each evaluation. The water supplier must provide a rationale for its
recommendation along with all supporting documentation specified in subsections
(3)(b) through (f) of this rule.
(h) The Authority shall either approve the
corrosion control treatment option recommended by the water supplier or
designate a different corrosion control treatment method listed in subsection
(3)(b) of this rule after considering available information, including where
applicable, studies performed according to subsection (3)(b) through (f) of
this rule and a water supplier's recommended alternative. When designating
optimal treatment, the Authority shall consider the effects that additional
corrosion control treatment will have on water quality parameters and on other
water quality treatment processes.
(i) Water suppliers must provide additional
information upon request if necessary for the Authority's review. The Authority
shall notify water suppliers in writing of decisions about optimal corrosion
control treatment and explain the basis for any determination.
(j) Water suppliers must properly install and
operate the optimal corrosion control treatment designated by the Authority
according to subsection (3)(h) of this rule throughout a water distribution
system.
(k) The Authority shall
evaluate the results of all lead and copper tap samples and water quality
parameter samples reported by water suppliers and determine whether the water
supplier properly installed and operated the optimal corrosion control
treatment designated by the Authority. The Authority shall designate values for
the optimal water quality control parameters after reviewing the results of tap
water and water quality parameter monitoring from both before and after the
water supplier installs optimal corrosion control treatment. The Authority may
also designate values for additional water quality control parameters if
determined necessary to reflect optimal corrosion control for a water system.
The Authority shall notify the water supplier in writing of these
determinations and explain the basis for its decisions. The optimal water
quality control parameters designated by the Authority shall include:
(A) A minimum value or a range of values for
pH measured at each entry point to the distribution system;
(B) A minimum pH value, measured in all tap
samples. Such value shall be 7.0, unless the Authority determines that meeting
a pH level of 7.0 is not technologically feasible or is not necessary for the
system to optimize corrosion control;
(C) If a corrosion inhibitor is used, a
minimum concentration or a range of concentrations for the inhibitor, measured
at each entry point to the distribution system and in all tap samples, that the
Authority determines is necessary to form a passivating film on the interior
walls of the pipes of the distribution system;
(D) If alkalinity is adjusted as part of
optimal corrosion control treatment, a minimum concentration or a range of
concentrations for alkalinity, measured at each entry point to the distribution
system and in all tap samples; and
(E) If calcium carbonate stabilization is
used as part of corrosion control, a minimum concentration or a range of
concentrations for calcium, measured in all tap samples.
(l) At all water systems where optimal
corrosion control was installed, water suppliers must continue to operate and
maintain the corrosion control treatment, including maintaining water quality
parameters at or above minimum values or within ranges designated by the
Authority according to subsection (3)(k) of this rule for all samples collected
according to OAR 333-061-0036(10)(f). Compliance shall be determined every six
months as specified in OAR 333-061-0036(10)(f)(H). A water system is out of
compliance for a six-month period if any Authority-designated water quality
parameter is not met on more than nine days during the period. An excursion
occurs whenever the daily value for one or more of the water quality parameters
measured at a sampling location is below the minimum value or outside the range
designated by the Authority. Daily values are calculated as follows:
(A) On days when more than one measurement
for the water quality parameter is collected at the sampling location, the
daily value shall be the average of all results collected during the day
regardless of whether they are collected through continuous monitoring, grab
sampling or a combination of both;
(B) On days when only one measurement for the
water quality parameter is collected at the sampling location, the daily value
shall be the result of that measurement; and
(C) On days when no measurement is collected
for the water quality parameter at the sampling location, the daily value shall
be the daily value calculated on the most recent day on which the water quality
parameter was measured at the sample site.
(m) The Authority may, upon its own
initiative or in response to a water supplier or other interested party, modify
its determination of the optimal corrosion control treatment designated
according to subsection (3)(h) of this rule or of the optimal water quality
control parameters designated according to subsection (3)(k) of this rule. A
request for modification from a water supplier or other interested party shall
be in writing, explain why the modification is appropriate, and provide
supporting documentation. The Authority may modify its determination where it
concludes that such change is necessary to ensure that a water supplier
continues to optimize corrosion control treatment. A revised determination
shall be made in writing, set forth the new treatment requirements, explain the
basis for the Authority's decision, and provide an implementation schedule for
completing the treatment modifications.
(4) Source water treatment requirements.
(a) Water suppliers must complete the
applicable source water monitoring and treatment requirements specified in
subsection (4)(b) of this rule and in OAR 333-061-0036(10)(g) by the deadlines
identified in this subsection.
(A) At water
systems where the lead or copper action level was exceeded, water suppliers
must complete lead and copper source water monitoring as prescribed by OAR
333-061-0036(10)(g) and make a treatment recommendation to the Authority as
prescribed by paragraph (4)(b)(A) of this rule no later than 180 days after the
end of the monitoring period during which the lead or copper action level was
exceeded.
(B) The Authority shall
make a determination regarding source water treatment as prescribed in
paragraph (4)(b)(B) of this rule within six months after submission of
monitoring results collected according to paragraph (4)(a)(A) of this
rule.
(C) If the Authority requires
installation of source water treatment, the water supplier must install the
treatment as prescribed in paragraph (4)(b)(C) of this rule within 24 months
after completing the requirements prescribed in paragraph (4)(a)(B) of this
rule.
(D) Water suppliers must
complete follow-up tap water and source water monitoring as prescribed by OAR
333-061-0036(10)(d) and (g) within 12 months after the deadline prescribed by
paragraph (4)(a)(C) of this rule.
(E) The Authority shall review the water
supplier's installation and operation of source water treatment and specify
maximum permissible source water levels as prescribed by paragraph (4)(b)(D) of
this rule within 6 months after a water supplier completes the requirements
prescribed by paragraph (4)(a)(D) of this rule.
(F) Water suppliers must operate in
compliance with the Authority-specified maximum permissible lead and copper
source water levels as prescribed in paragraph (4)(b)(D) of this rule and
continue source water monitoring as prescribed in OAR
333-061-0036(10)(g).
(b)
Source water treatment evaluation and installation.
(A) At any water system where the lead or
copper action level was exceeded, water suppliers must recommend in writing to
the Authority the installation and operation of one of the source water
treatment methods listed in paragraph (4)(b)(B) of this rule. A water supplier
may recommend that treatment is not necessary based upon a demonstration that
source water treatment is not necessary to minimize lead and copper levels at
users' taps.
(B) The Authority
shall evaluate the results of all source water samples submitted for a water
system to determine whether source water treatment is necessary to minimize
lead or copper levels in water delivered to users' taps. If the Authority
determines that treatment is necessary, the Authority shall either require
installation and operation of the source water treatment recommended by the
water supplier or require the installation and operation of another source
water treatment method from among the following: ion exchange, reverse osmosis,
lime softening or coagulation/filtration. If the Authority requests additional
information to aid in its review, the water supplier must provide the
information by the date specified by the Authority in its request. The
Authority shall notify the water supplier in writing of its determination and
set forth the basis for its decision.
(C) Each water supplier must properly install
and operate the source water treatment designated by the Authority according to
paragraph (4)(b)(B) of this rule.
(D) The Authority shall review the source
water samples collected both before and after the installation of source water
treatment and determine whether the water supplier properly installed and
operated the source water treatment designated by the Authority. The Authority
shall designate the maximum permissible lead and copper concentrations for
finished water entering the distribution system based upon its review. Such
concentrations shall reflect the contaminant removal capability of the
treatment properly operated and maintained. The Authority shall notify the
water supplier in writing and explain the basis for its decision.
(E) Water suppliers must maintain lead and
copper below the maximum permissible concentrations designated by the Authority
at each sampling point monitored according to OAR 333-061-0036(10)(g). Water
suppliers violate this rule if the concentration of lead or copper at any
sampling point is greater than the maximum permissible concentration designated
by the Authority.
(F) The Authority
may, upon its own initiative or in response to a water supplier or other
interested party, modify its determination of the source water treatment
designated according to paragraph (4)(b)(B) of this rule or of the maximum
permissible lead and copper concentrations for finished water entering the
distribution system designated according to paragraph (4)(b)(D) of this rule. A
request for modification from a water supplier or other interested party shall
be in writing, explain why the modification is appropriate, and provide
supporting documentation. The Authority may modify its determination where it
concludes that such change is necessary to ensure that a water supplier
continues to minimize lead and copper concentrations in source water. A revised
determination shall be made in writing, set forth the new treatment
requirements, explain the basis for the Authority's decision, and provide an
implementation schedule for completing the treatment modifications.
(5) Water suppliers must
deliver a consumer notice of lead tap water monitoring results to persons
served by the water system at sites that are tested, as specified in subsection
(5)(e) of this rule. At water systems where the lead action level is exceeded,
water suppliers must sample the tap water of any customer who requests the
sampling according to subsection (5)(d) of this rule. At water systems where
the lead action level is exceeded based on tap water samples collected
according to OAR 333-061-0036(10)(d), water suppliers must deliver the public
education materials described in subsections (5)(a) and (b) of this rule
according to the requirements prescribed by subsection (5)(c) of this rule.
(a) For community and NTNC water system,
water suppliers must include the elements identified in paragraphs (5)(a)(A)
through (F) of this rule and in the same order they are listed in all printed
materials distributed through a lead public education program. Paragraphs
(5)(a)(A), (B) and (F) of this rule must be included in the materials exactly
as written except for the text in braces for which the water supplier must
include system-specific information. Any additional information presented by a
water supplier shall be consistent with the information below and be in plain
language that can be understood by the general public. Water suppliers must
submit all written public education materials to the Authority prior to
delivery to water users.
(A) IMPORTANT
INFORMATION ABOUT LEAD IN YOUR DRINKING WATER. Personnel at {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 the
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 the possible sources of lead in
drinking water and how lead enters drinking water. Include information on
home/building plumbing materials and service lines that contain lead.
(iii) Discuss other important sources of lead
exposure in addition to drinking water (for example, paint).
(D) 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
with using hot water from the tap and specifically caution against 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) Suggest that parents have their child's
blood tested for lead.
(E) Explain why there are elevated levels of
lead in the system's drinking water (if known) and what will be done to reduce
the lead levels in homes/buildings in this area.
(F) For more information, call us at {INSERT
YOUR NUMBER}, {(if applicable include the following) 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 [File Link Not Available] or contact your health
care provider.
(b) For
community water systems, water suppliers must also:
(A) Tell consumers how to get their water
tested; and
(B) Discuss lead in
plumbing components and the difference between low lead and lead
free.
(c) Delivery of
public education materials.
(A) For public
water systems serving a large proportion of non-English speaking consumers as
determined by the Authority, the public education materials must include
information in the appropriate language(s) 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.
(B) At community water systems where the lead
action level was exceeded in tap water samples collected according to OAR
333-061-0036(10)(d), water suppliers must conduct the public education tasks
specified in this section within 60 days after the end of the monitoring period
in which the exceedance occurred unless the water supplier is already
conducting public education tasks according to this rule. Water suppliers must:
(i) Deliver printed materials meeting the
content requirements of subsections (5)(a) and (5)(b) of this rule to all bill
paying customers.
(ii) Deliver
education materials that meet the requirements of subsections (5)(a) and (5)(b)
of this rule to local public health agencies even if they are not located
within the water system's service area for customers who are most at risk,
including an informational notice that encourages distribution to all the
organization's potentially affected clients. The water supplier must contact
the local public health agencies directly by phone or in person. The local
public health agencies may provide a 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, water
suppliers must deliver education materials that meet the content requirements
of subsections (5)(a) and (5)(b) of this rule to all organizations on the
provided lists.
(iii) Delivering
education materials that meet the requirements of subsections (5)(a) and (5)(b)
of this rule to public and private schools or school boards; Women, Infants and
children (WIC), and Head Start programs; public and private hospitals and
medical clinics; Pediatricians; family planning clinics; and local welfare
agencies located within the water system's service area for customers who are
most at risk, including an informational notice that encourages distribution to
all of the organization's potentially affected clients.
(iv) Make a good faith effort to locate
licensed childcare centers; public and private preschools; and
Obstetricians-Gynecologists and Midwives within the service area and deliver
materials that meet the requirements of subsections (5)(a) and (5)(b) of this
rule to them, including 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 these
organizations from the local public health agencies, even if the agencies are
not located within the water system's service area.
(v) No less often than quarterly, provide
information on or in each water bill as long as samples at the water system
exceed the action level for lead. The message on the water bill must include
the following statement exactly as written except for the text in braces for
which the water system must 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 NAME OF WATER SYSTEM}, {(if applicable include the following) or visit
our web site at {INSERT YOUR WEB SITE HERE}}. The message or delivery
mechanisms can be modified in consultation with the Authority; specifically the
Authority may allow a separate mailing of public education materials to
customers if the water system cannot place the information on water
bills.
(vi) Post material meeting
the requirements of subsection (5)(a) and (5)(b) of this rule on the water
system's web site if the system serves a population greater than
100,000.
(vii) Submit a press
release to newspaper, television and radio stations.
(viii) Implement at least three of the
following activities: public service announcements; paid advertisements; public
area information displays; emails to customers; public meetings; household
deliveries, targeted individual customer contact; direct material distribution
to all multi-family homes and institutions or other methods approved by the
Authority. The educational content and selection of these activities must be
determined in consultation with the Authority.
(ix) For the purposes of paragraph (5)(c)(B)
of this rule, at water systems where monitoring is annually or less frequent,
the end of the monitoring period is considered to be September 30 of the
calendar year in which monitoring occurs, or, if the Authority has established
an alternate monitoring period, the last day of that period.
(C) As long as sample results
exceed the action level at community water systems, water suppliers must repeat
the activities in subsection (5)(c) of this rule as follows:
(i) Repeat the tasks contained in
(5)(c)(B)(i),(ii),(iii),(iv) and (viii) of this rule every 12 months;
(ii) Repeat tasks contained in (5)(c)(B)(v)
of this rule with each billing cycle;
(iii) At water systems serving more than
100,000 people, post and retain material on a publicly accessible web site
pursuant to (5)(c)(B)(vi) of this rule;
(iv) Repeat the task in (5)(c)(B)(vii) of
this rule twice every 12 months on a schedule agreed upon with the Authority.
The Authority can allow activities in (5)(c)(B) of this rule to extend beyond
the 60-day requirement if needed for implementation purposes on a case-by-case
basis, however, this extension must be approved in writing by the Authority in
advance of the 60-day deadline.
(D) At NTNC water systems, water suppliers
must deliver the public education materials specified by (5)(a) of this rule
within 60 days after the end of the monitoring period in which samples exceeded
the action level unless the water supplier is already conducting public
education tasks according to this rule. Water suppliers must:
(i) Post informational posters on lead in
drinking water in a public place or common area in each of the buildings served
by the system; and
(ii) Distribute
informational pamphlets or brochures about lead in drinking water to each
person served by the water system. The Authority may allow the water supplier
to utilize electronic transmission in lieu of or combined with printed
materials as long as it achieves at least the same coverage.
(iii) For the purposes of paragraph (5)(c)(B)
of this rule, at water systems where monitoring is annually or less frequent,
the end of the monitoring period is considered to be September 30 of the
calendar year in which monitoring occurs, or, if the Authority has established
an alternate monitoring period, the last day of that period.
(E) Repeat the tasks contained in
(5)(c)(D) at least once during each calendar year in which sample results
exceed the action level. The Authority can allow activities to extend beyond
the 60-day requirement if needed for implementation purposes on a case-by-case
basis, however, this extension must be approved in writing by the Authority in
advance of the 60-day deadline.
(F)
Water suppliers may discontinue delivery of public education materials if
sample results collected according to OAR 333-061-0036(10)(d) have met the lead
action level during the most recent six-month monitoring period. Water
suppliers must recommence public education if samples subsequently exceed the
lead action level during any monitoring period.
(G) The water supplier for a community water
system may request in writing to use only the text specified in (5)(a) of this
rule in lieu of the text in (5)(a) and (5)(b) of this rule and to perform the
tasks listed in (5)(c)(D) and (E) in lieu of the tasks in (5)(c)(B) and (C) of
this rule if:
(i) The water 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 or installing
point of use treatment devices: and
(ii) The water system provides water as part
of the cost of services provided and does not separately charge for water
consumption.
(H) At
community water systems serving 3,300 people or less, water suppliers may limit
certain aspects of their public education programs as follows:
(i) Implement at least one of the activities
listed in (5)(c)(B)(viii); and
(ii)
Limit the distribution of the public education materials specified in
(5)(c)(B)(ii), (iii) and (iv) of this rule to facilities and organizations most
likely to be visited regularly by pregnant women and children.
(iii) The Authority may waive the
requirements of (5)(c)(B)(vii) of this rule as long as the water supplier
distributes notices to every household served by the water system.
(d) For water systems
where the lead action level is exceeded on the basis of tap samples collected
according to OAR 333-061-0036(10)(d), water suppliers shall offer to sample the
tap water of any customer who requests it but the water supplier is not
required to pay for collecting or analyzing the sample, nor is the water
supplier required to collect and analyze the sample itself.
(e) Notification of results.
(A) Water supplies must provide a notice of
the individual tap results from lead tap water monitoring carried out according
to OAR 333-061-0036(10)(d) to the persons served by the water system at the
specific sampling site from which a sample was collected (for example, the
occupants of the residence where the tap was tested).
(B) Water suppliers must provide the consumer
notice as soon as practical, but no later than 30 days after learning of the
tap monitoring results.
(C) The
consumer notice must include the results of lead tap water monitoring for the
tap that was tested, an explanation of the health effects of lead, list steps
consumers can take to reduce exposure to lead in drinking water and contact
information for the water utility. The notice must also provide the maximum
contaminant level goal and the action level for lead and the definitions for
these two terms.
(D) The Consumer
notice must be provided to persons served at the tap that was tested, either by
mail or by another method approved by the Authority. For example, upon approval
by the Authority, at a NTNC water system, the water supplier could post the
results on a bulletin board in the facility to allow users to review the
information. Water supplier must provide the notice to customer at every sample
tap tested, including consumers who do not receive water bills.
Notes
Publications: Publications referenced are available from the agency.
Statutory/Other Authority: ORS 448.131
Statutes/Other Implemented: 448.131, 448.150 & 448.273
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