California Code of Regulations
Title 22 - Social Security
Division 4 - Environmental Health
Chapter 17.5 - Lead and Copper
Article 7 - Public Education Program for Lead Action Level Exceedances
Section 64687 - Lead Public Education Program Content and Delivery
Universal Citation: 22 CA Code of Regs 64687
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Each system with a lead action level exceedance shall conduct a lead public education program that includes delivery of the following public education materials pursuant to subsection (d). Within 10 days after the period during which the program was required, the system shall submit a letter to the Department demonstrating that it has delivered the public education materials as required and include a list of all the newspapers, radio stations, television stations, facilities and organizations to which the system delivered the materials during the previous year.
(1) Except as provided in subsection (b), a
community water system shall include the following text in all of the printed
materials it distributes through its lead public education program:
(A) Introduction. The California Department
of Health Services (DHS), the U.S. Environmental Protection Agency, and [insert
name of water supplier] are concerned about lead in your drinking water.
Although most homes have very low levels of lead in their drinking water, some
homes in the community have lead levels above the state and federal action
level of 15 parts per billion (ppb), or 0.015 milligrams of lead per liter of
water (mg/L). Under state and federal law we are required to have a program in
place to minimize lead in your drinking water by [insert date when corrosion
control will be completed for your system]. This program includes corrosion
control treatment, source water treatment, and public education. We are also
required to replace the portion of each lead service line that we own if the
line contributes lead concentrations of 15 ppb or more after we have completed
the comprehensive treatment program. If you have any questions about how we are
carrying out the requirements of the lead regulation please give us a call at
[insert water system's phone number]. This brochure explains the simple steps
you can take to protect you and your family by reducing your exposure to lead
in drinking water.
(B) Health
Effects of Lead. Lead is a common metal found throughout the environment in
lead-based paint, air, soil, household dust, food, certain types of pottery
porcelain and pewter, and water. Lead can pose a significant risk to your
health if too much of it enters your body. Lead builds up in the body over many
years and can cause damage to the brain, red blood cells and kidneys. The
greatest risk is to young children and pregnant women. Amounts of lead that
won't hurt adults can slow down normal mental and physical development of
growing bodies. In addition, a child at play often comes into contact with
sources of lead contamination -- like dirt and dust -- that rarely affect an
adult. It is important to wash children's hands and toys often, and to try to
make sure they only put food in their mouths.
(C) Lead In Drinking Water
1. Lead in drinking water, although rarely
the sole cause of lead poisoning, can significantly increase a person's total
lead exposure, particularly the exposure of infants who drink baby formulas and
concentrated juices that are mixed with water. The U.S. Environmental
Protection Agency estimates that drinking water can make up 20 percent or more
of a person's total exposure to lead.
2. Lead is unusual among drinking water
contaminants in that it seldom occurs naturally in water supplies like rivers
and lakes. Lead enters drinking water primarily as a result of the corrosion,
or wearing away, of materials containing lead in the water distribution system
and household plumbing. These materials include lead-based solder used to join
copper pipe, brass and chrome plated brass faucets, and in some cases, pipes
made of lead that connect your house to the water main (service lines). In
1986, Congress banned the use of lead solder containing greater than 0.2% lead,
and restricted the lead content of faucets, pipes and other plumbing materials
to 8.0%. In California, a similar law prohibiting the use of both lead solder
and lead pipe was enacted in 1985.
3. When water stands in lead pipes or
plumbing systems containing lead for several hours or more, the lead may
dissolve into your drinking water. This means the first water drawn from the
tap in the morning, or later in the afternoon after returning from work or
school, can contain fairly high levels of lead.
(D) Steps You Can Take in the Home to Reduce
Exposure to Lead in Drinking Water
1. Despite
our best efforts mentioned earlier to control water corrosivity and remove lead
from the water supply, lead levels in some homes or buildings can be high. To
find out whether you need to take action in your own home, have your drinking
water tested to determine if it contains excessive concentrations of lead.
Testing the water is essential because you cannot see, taste, or smell lead in
drinking water. Some local laboratories that can provide this service are
listed at the end of this booklet. For more information on having your water
tested, please call [insert phone number of water system].
2. If a water test indicates that the
drinking water drawn from a tap in your home contains lead above 15 ppb, then
you should take the following precautions:
A.
Let the water run from the tap before using it for drinking or cooking any time
the water in a faucet has gone unused for more than six hours. The longer water
resides in your home's plumbing the more lead it may contain. Flushing the tap
means running the cold water faucet until the water gets noticeably colder,
usually about 15 to 30 seconds. If your house has a lead service line to the
water main, you may have to flush the water for a longer time, perhaps one
minute, before drinking. Although toilet flushing or showering flushes water
through a portion of your home's plumbing system, you still need to flush the
water in each faucet before using it for drinking or cooking. Flushing tap
water is a simple and inexpensive measure you can take to protect your family's
health. It usually uses less than one or two gallons of water and costs less
than [insert a cost estimate based on flushing two times a day for 30 days] per
month. To conserve water, fill a couple of bottles for drinking water after
flushing the tap, and whenever possible use the first flush water to wash the
dishes or water the plants. If you live in a high-rise building, letting the
water flow before using it may not work to lessen your risk from lead. The
plumbing systems have more, and sometimes larger pipes than smaller buildings.
Ask your landlord for help in locating the source of the lead and for advice on
reducing the lead level.
B. Try not
to cook with, or drink water from the hot water tap. Hot water can dissolve
more lead more quickly than cold water. If you need hot water, draw water from
the cold tap and heat it on the stove.
C. Remove loose lead solder and debris from
the plumbing materials installed in newly constructed homes, or homes in which
the plumbing has recently been replaced, by removing the faucet strainers from
all taps and running the water from 3 to 5 minutes. Thereafter, periodically
remove the strainers and flush out any debris that has accumulated over
time.
D. If your copper pipes are
joined with lead solder that has been installed illegally since it was banned
in 1986, notify the plumber who did the work and request that he or she replace
the lead solder with leadfree solder. Lead solder looks dull gray, and when
scratched with a key looks shiny. In addition, notify the California Department
of Health Services and your local environmental health department about the
violation.
E. Determine whether or
not the service line that connects your home or apartment to the water main is
made of lead. The best way to determine if your service line is made of lead is
by either hiring a licensed plumber to inspect the line or by contacting the
plumbing contractor who installed the line. You can identify the plumbing
contractor by checking the record of building permits which should be
maintained in the files of the [insert name of department that issues building
permits]. A licensed plumber can at the same time check to see if your home's
plumbing contains lead solder, lead pipes, or pipe fittings that contain lead.
The public water system that delivers water to your home should also maintain
records of the materials located in the distribution system. If the service
line that connects your dwelling to the water main contributes more than 15 ppb
to drinking water, after our comprehensive treatment program is in place, we
are required to replace the portion of the line we own. If the line is only
partially owned by the [insert name of the city, county, or water system that
owns the line], we are required to provide the owner of the privately-owned
portion of the service line with information on how to replace the
privately-owned portion of the service line, and offer to replace that portion
of the line at the owner's expense. If we replace only the portion of the line
that we own, we also are required to notify you in advance and provide you with
information on the steps you can take to minimize exposure to any temporary
increase in lead levels that may result from the partial replacement, to take a
follow-up sample at our expense from the line within 72 hours after the partial
replacement, and to mail or otherwise provide you with the results of that
sample within three business days of receiving the results. Acceptable
replacement alternatives include copper, stainless steel, and plastic pipes.
Partial replacement should avoid the creation of mixed piping systems and
include the installation of approved dielectric couplings at all dissimilar
metal interfaces.
F. Have an
electrician check your wiring. If grounding wires from the electrical system
are attached to your pipes, corrosion may be greater. Check with a licensed
electrician or your local electrical code to determine if your wiring can be
grounded elsewhere. DO NOT attempt to change the wiring yourself because
improper grounding can cause electrical shock and fire
hazards.
3. The steps
described above will reduce the lead concentrations in your drinking water.
However, if a water test indicates that the drinking water coming from your tap
contains lead concentrations in excess of 15 ppb after flushing, or after we
have completed our actions to minimize lead levels, then you may want to take
the following additional measures:
A.
Purchase or lease a home treatment device. Home treatment devices are limited
in that each unit treats only the water that flows from the faucet to which it
is connected, and all of the devices require periodic maintenance and
replacement. Devices such as reverse osmosis systems or distillers can
effectively remove lead from your drinking water. Since these treatments remove
dissolved minerals, water treated by these devices will have a greater tendency
to leach lead from brass faucets or fittings which the water contacts after
treatment. Some activated carbon filters may reduce lead levels at the tap,
however all lead reduction claims should be investigated. Be sure to check the
actual performance of a specific home treatment device before and after
installing the unit. The California Department of Health Services certifies the
effectiveness of home treatment devices. Only devices certified by the
California Department of Health Services to remove lead should be used for this
purpose.
B. Purchase bottled water
for drinking and cooking.
4. You can consult a variety of sources for
additional information. Your family doctor or pediatrician can perform a blood
test for lead and provide you with information about the health effects of
lead. State and local government agencies that can be contacted include:
A. [insert the name of city or county
department of public utilities] at [insert phone number] can provide you with
information about your community's water supply, and a list of local
laboratories that have been certified by the California Department of Health
Services for testing water quality;
B. [insert the name of city or county
department that issues building permits] at [insert phone number] can provide
you with information about building permit records that should contain the
names of plumbing contractors that plumbed your home; and
C. California Department of Health Services,
Childhood Lead Poisoning Prevention Branch at [insert the phone number] or the
[insert the name of the city or county health department] at [insert phone
number] can provide you with information about the health effects of lead and
how you can have your child's blood tested.
5. The following is a list of some state
approved laboratories in your area that you can call to have your water tested
for lead. [Insert names and phone numbers of at least two
laboratories].
(2) Except as provided in subsection (b), a
nontransient-noncommunity water system shall include either the text in
paragraph (a)(1) or the following text, in all of the printed materials it
distributes through its lead public education program.
(A) Introduction. The California Department
of Health Services, the United States Environmental Protection Agency (EPA) and
[insert name of water supplier] are concerned about lead in your drinking
water. Some drinking water samples taken from this facility have lead levels
above the EPA action level of 15 parts per billion (ppb), or 0.015 milligrams
of lead per liter of water (mg/L). Under Federal law we are required to have a
program in place to minimize lead in your drinking water by [insert date when
corrosion control will be completed for your system]. This program includes
corrosion control treatment, source water treatment, and public education. We
are also required to replace the portion of each lead service line that we own
if the line contributes lead concentrations of more than 15 ppb after we have
completed the comprehensive treatment program. If you have any questions about
how we are carrying out the requirements of the lead regulation please give us
a call at [insert water system's phone number]. This brochure explains the
simple steps you can take to protect yourself by reducing your exposure to lead
in drinking water.
(B) Health
Effects of Lead. Lead is found throughout the environment in lead-based paint,
air, soil, household dust, food, certain types of pottery porcelain and pewter,
and water. Lead can pose a significant risk to your health if too much of it
enters your body. Lead builds up in the body over many years and can cause
damage to the brain, red blood cells and kidneys. The greatest risk is to young
children and pregnant women. Amounts of lead that won't hurt adults can slow
down normal mental and physical development of growing bodies. In addition, a
child at play often comes into contact with sources of lead contamination --
like dirt and dust -- that rarely affect an adult. It is important to wash
children's hands and toys often, and to try to make sure they only put food in
their mouths.
(C) Lead In Drinking
Water
1. Lead in drinking water, although
rarely the sole cause of lead poisoning, can significantly increase a person's
total lead exposure, particularly the exposure of infants who drink baby
formulas and concentrated juices that are mixed with water. The EPA estimates
that drinking water can make up 20 percent or more of a person's total exposure
to lead.
2. Lead is unusual among
drinking water contaminants in that it seldom occurs naturally in water
supplies like rivers and lakes. Lead enters drinking water primarily as a
result of the corrosion, or wearing away, of materials containing lead in the
water distribution system and household plumbing. These materials include
lead-based solder used to join copper pipe, brass and chrome-plated brass
faucets, and in some cases, pipes made of lead that connect houses and
buildings to water mains (service lines). In 1986, Congress banned the use of
lead solder containing greater than 0.2% lead, and restricted the lead content
of faucets, pipes and other plumbing materials to 8.0%.
3. When water stands in lead pipes or
plumbing systems containing lead for several hours or more, the lead may
dissolve into your drinking water. This means the first water drawn from the
tap in the morning, or later in the afternoon if the water has not been used
all day, can contain fairly high levels of lead.
(D) Steps You Can Take. Steps you can take to
reduce exposure to lead in drinking water include:
1. Let the water run from the tap before
using it for drinking or cooking any time the water in a faucet has gone unused
for more than six hours. The longer water resides in plumbing the more lead it
may contain. Flushing the tap means running the cold water faucet for about
15-30 seconds. Although toilet flushing or showering flushes water through a
portion of the plumbing system, you still need to flush the water in each
faucet before using it for drinking or cooking. Flushing tap water is a simple
and inexpensive measure you can take to protect your health. It usually uses
less than one gallon of water.
2.
Do not cook with, or drink water from the hot water tap. Hot water can dissolve
more lead more quickly than cold water. If you need hot water, draw water from
the cold tap and then heat it.
3.
The steps described above will reduce the lead concentrations in your drinking
water. However, if you are still concerned, you may wish to use bottled water
for drinking and cooking.
4. You
can consult a variety of sources for additional information. Your family doctor
or pediatrician can perform a blood test for lead and provide you with
information about the health effects of lead. State and local government
agencies that can be contacted include:
A.
[insert the name or title of facility official if appropriate] at [insert phone
number] can provide you with information about your facility's water supply;
and
B. [insert the name or title of
the State Department of Health Services] at [insert phone number] or the
[insert the name of the city or county health department] at [insert phone
number] can provide you with information about the health effects of
lead.
(b) Any additional information presented shall be consistent with the information in subsection (a) and be in plain language that can be understood by laypersons. A system may delete information pertaining to lead service lines, on approval by the Department, if the water system does not have any such lines. Building permit record availability and consumer access to these records may be modified, if approved by the Department.
(c) The system shall include the following information in all public service announcements submitted under its lead public education program to television and radio stations for broadcasting:
(1) Why should everyone want to
know the facts about lead and drinking water? Because unhealthy amounts of lead
can enter drinking water through the plumbing in your home. That's why I urge
you to do what I did. I had my water tested for [insert free or cost per
sample]. You can contact the [insert the name of the city or water system] for
information on testing and on simple ways to reduce your exposure to lead in
drinking water.
(2) To have your
water tested for lead, or to get more information about this public health
concern, please call [insert the phone number of the city or water
system].
(d) The system shall conduct the lead public education program as follows:
(1) In communities where a significant
proportion of the population speaks a language other than English, public
education materials shall be communicated in the appropriate
language(s).
(2) Within 60 days
after it has a lead action level exceedance, unless it is already conducting a
lead public education program, a community water system shall:
(A) Insert notices in each customer's water
utility bill containing the information in paragraph (a)(1), along with the
following alert on the water bill itself in large print: SOME HOMES IN THIS
COMMUNITY HAVE ELEVATED LEAD LEVELS IN THEIR DRINKING WATER. LEAD CAN POSE A
SIGNIFICANT RISK TO YOUR HEALTH. PLEASE READ THE ENCLOSED NOTICE FOR FURTHER
INFORMATION. A community water system with a billing cycle that does not
include a billing within 60 days of the exceedance, or that cannot insert
information in the bill without making major changes to its billing system, may
use a separate mailing as long as it is conducted within 60 days of the
exceedance.
(B) Submit the
information in paragraph (a)(1) to the editorial departments of the major daily
and weekly newspapers circulated throughout the community.
(C) Deliver pamphlets and/or brochures that
contain the public education materials in subparagraphs (a)(1)(B) and (D) to
facilities and organizations, including the following:
1. Public schools and/or local school
boards;
2. City or county health
department;
3. Women, Infants, and
Children and/or Head Start Program(s) whenever available;
4. Public and private hospitals and/or
clinics;
5.
Pediatricians;
6. Family planning
clinics; and
7. Local welfare
agencies.
(D) Submit the
public service announcement in subsection (c) to at least five of the radio and
television stations with the largest audiences that broadcast to the community
served by the system.
(3)
A community system shall repeat the tasks in subparagraphs (d)(2)(A),(B) and
(C) every 12 months, and the tasks in subparagraph (d)(2)(D) every 6 months for
as long as the system has a lead action level exceedance.
(4) Within 60 days after it has a lead action
level exceedance, unless it is already conducting a lead public education
program, a nontransient-noncommunity system shall deliver the public education
materials in paragraphs (a)(1) or (a)(2) 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; and
(B) Distribute
informational pamphlets and/or brochures on lead in drinking water to each
person served by the system. The Department may allow the system to utilize
electronic transmission in lieu of or combined with printed materials as long
as it achieves at least the same coverage.
(5) A nontransient-noncommunity system shall
repeat the tasks in paragraph (4) at least once during each calendar year in
which the system has a lead action level exceedance.
(6) A system may discontinue the lead public
education program if it does not have a lead action level exceedance during the
most recent period. The system shall recommence the program pursuant to this
section if it subsequently has a lead action level exceedance.
(7) A community water system may apply to the
Department, in writing, to use the text in paragraph (a)(2) in lieu of the text
in paragraph (a)(1) and to perform the tasks listed in paragraphs (d)(4) and
(c)(5) of this section in lieu of the tasks in paragraphs (d)(2) and (d)(3) of
this section if:
(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 or installing
point of use treatment devices; and
(B) The system provides water as part of the
cost of services provided and does not separately charge for water
consumption.
(8) A
community water system serving 3,300 or fewer people may omit the task
contained in subparagraph (d)(2)(D). As long as it distributes notices
containing the information contained in paragraph (a)(1) of this section to
every household served by the system, such systems may further limit their
public education programs as follows:
(A)
Systems serving 500 or fewer people may forego the task contained in
subparagraph (d)(2)(B). Such a system may limit the distribution of the public
education materials required under subparagraph (d)(2)(C) to facilities and
organizations served by the system that are most likely to be visited regularly
by pregnant women and children, unless notified by the Department in writing
that it shall make a broader distribution.
(B) If approved by the Department in writing,
a system serving 501 to 3,300 people may omit the task in subparagraph
(d)(2)(B) and/or limit the distribution of the public education materials
required under subparagraph (d)(2)(C) to facilities and organizations served by
the system that are most likely to be visited regularly by pregnant women and
children.
(9) A community
water system serving 3,300 or fewer people that delivers the lead public
education in accordance with paragraph (d)(8)(A) of this section shall repeat
these requirements at least once during each calendar year in which the system
exceeds the lead action level.
1. New
section filed 12-11-95 as an emergency; operative 12-11-95 (Register 95, No.
50). A Certificate of Compliance must be transmitted to OAL by 4-9-96 or
emergency language will be repealed by operation of law on the following
day.
2. Refiling of 12-11-95 order, including amendment of NOTE,
filed 4-9-96 as an emergency; operative 4-10-96 (Register 96, No. 15). A
Certificate of Compliance must be transmitted to OAL by 8-8-96 or emergency
language will be repealed by operation of law on the following
day.
3. Certificate of Compliance as to 12-11-95 order, including
amendment of subsection (a), transmitted to OAL 8-7-96 and filed 9-16-96
(Register 96, No. 38).
4. Repealer of former article 7 (sections
64686-64688), new article 7 (section 64687) and repealer and new section filed
9-11-2003; operative 10-11-2003 (Register 2003, No.
37).
Note: Authority cited: Sections 100275, 116350, 116365 and 116375, Health and Safety Code. Reference: Sections 116325- 116750, Health and Safety Code.
Disclaimer: These regulations may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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