Current through Register No. 13, March 27, 2025
(a) The owner of a system exceeding the lead
action level shall issue public notice pursuant to Env-Ws 351 using the
appropriate language as specified in Env-Ws 355.03.
(b) The owner of a water system exceeding the
lead action level based on tap water samples collected in accordance with
Env-Ws
381.15 through
Env-Ws
381.21 shall perform lead education by providing the
lead education language materials contained in (d) or (e) below in accordance
with the delivery requirements of (j) below.
(c) Any additional information presented by a
system owner shall be consistent with the information below and be in plain
English that can be understood by lay-persons.
(d) The educational statement for a community
water system shall read as follows:
(1)
Introduction. The United States Environmental
Protection Agency (EPA) 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
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 you and your family
by reducing your exposure to lead in drinking water.
(2)
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.
(3)
Lead in drinking
water.
(i) 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.
(ii) 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%.
(iii) 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.
(4)
Steps you can take in the
home to reduce exposure to lead in drinking water.
(i) 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).
(ii)
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 6 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 15-30 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 lead-free solder. Lead solder looks dull gray, and
when scratched with a key looks shiny. In addition, notify the Water Supply
Engineering Bureau of the Department of Environmental Services in Concord about
the violation.
(E) Determine
whether or not the service line that connects your home or apartment to the
watermain 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 city's 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 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 3 business days of receiving the results. Acceptable replacement
alternatives include copper, steel, iron, and plastic pipes.
(F) It is recommended that you 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.
(iii) 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. 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.
(B) Purchase
bottled water for drinking and cooking.
(iv) 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 EPA 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) The Health Risk Assessment
unit of the NH Department of Public Health at 271-4664 or the (insert the name
of the city 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.
(v) The
following is a list of some department 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)".
(e) The educational statement for a
non-transient, non-community water system shall either include the text
specified in (d) above, or shall include the following text in all of the
printed materials it distributes through its lead education program:
(1)
Introduction 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.
(2)
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.
(3)
Lead in drinking
water. 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% or more of a person's total exposure to lead.
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%.
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.
(4)
Steps you can take to reduce
exposure to lead in drinking water.
(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 6 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.
(B)
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.
(C)
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.
(D) 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:
(1)
[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
(2) The Health Risk Assessment
Unit of the NH Department of Public Health at 271-4664 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."
(f) A system owner in
(d) or (e) above, may submit in writing to the department a request to delete
information pertaining to lead services lines specified in (d)(4)(E)
above.
(g) The request shall:
(1) Identify the water system name;
(2) Identify the water system EPA
identification number; and
(3)
Include documentation to support the rationale for the request.
(h) The department shall respond
to the request in writing and shall approve the request if it finds that the
water system does not contain any lead service lines.
(i) The owner of a community water system
shall include the following information in all public service announcements
submitted under its lead 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)".
(j) Delivery
of a lead education program shall be as follows:
(1) In communities where greater than 20% of
the population speaks a language other than English, lead education materials
shall be communicated in English and in the language which is the second-most
used;
(2) The owner of a community
water system that exceeds the lead action level on the basis of tap water
samples collected in accordance with
Env-Ws
381.15 through
Env-Ws
381.21, and is not already repeating lead education
tasks pursuant to (j)(3), (j)(8) and (j)(9) below, shall, within 60 days:
a. Insert notices in each customer's water
utility bill containing the information in (d) above, 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.";
b. Submit the information in (d) above, to
editorial departments to at least one daily and weekly newspaper circulated
throughout the community;
c.
Deliver at least one pamphlet, brochures, or both that contain the lead
education materials in (d) above to the following:
1. The principal of each public schools and
chairperson of each local school board;
2. The health officer of the municipal health
department;
3. The administrator of
each women, infants, and children and head start program(s) whenever
available;
4. The administrator of
each public and private hospital and clinic;
6. The administrator of each family planning
clinics; and
7. The municipal
welfare officer;
d.
Submit the public service announcement in paragraph (i) of this section to a
combination of at least 5 of the radio and television stations with the largest
audiences that broadcast to the community served by the water system;
(3) A community water system owner
shall repeat the tasks contained in (j)(2)a., b., and c. above, every 12
months, and the tasks contained in paragraph (j)(2)d. above, every 6 months for
as long as the system exceeds the lead action level;
(4) The owner of a community water system
having a billing cycle that does not include a billing within 60 days of
exceeding the action level, or that cannot insert information in the water
utility bill without making major changes to its billing system, may use a
separate mailing to deliver the information in (d) above, as long as the
information is delivered to each customer within 60 days of exceeding the
action level;
(5) The water system
owner in (4) above, shall include with each mailing the language as specified
in (j)(2)a.;
(6) Within 60 days
after it exceeds the lead action level, unless it is already repeating lead
education tasks pursuant to (j)(7) below, a non-transient non-community water
system owner shall deliver the lead education materials identified in (e)
above, by:
a. Posting informational posters on
lead in drinking water in a public place or common area in each of the
buildings owned by the water system owner; and
b. Distributing informational pamphlets or
brochures on lead in drinking water to each person served by the non-transient,
non-community water system; or
c.
E-mail in lieu of or combined with printed materials as long as at least the
same coverage is achieved;
(7) A non-transient, non-community water
system owner shall repeat the tasks contained in (6) above at least once during
each calendar year in which the system exceeds the lead action level;
(8) A water system owner may discontinue
delivery of lead education materials if the system has met the lead action
level during the most recent 6-month monitoring period conducted pursuant to
Env-Ws
381.15 through
Env-Ws
381.21; and
(9) A system owner in (8) above shall
recommence lead education in accordance with this section if it subsequently
exceeds the lead action level during any monitoring period; .
(k) A community water system owner
may submit to the department a written request to use the text specified in (e)
above, in lieu of the text in (d) above, and perform the requirements listed in
(j)(6) and (j)(7) above, in lieu of the tasks in (j)(2) above, if:
(1) The system is a facility, such as a
prison, hospital or nursing home, where the population served is not capable of
or is prevented from making improvements to plumbing or installing point of use
treatment devices; and
(2) The
system provides water as part of the cost of services provided and does not
separately charge for water consumption.
(l) The written request shall include:
(2) The system EPA identification number;
and
(3) The rationale as to why the
request to perform the alternate requirements is appropriate.
(m) The department shall respond
to the request in above in writing and shall approve the request if the system
meets the criteria in (k) above.
(n) The owner of a community water system
serving 3,300 or fewer people may omit the requirement of (j)(2)d. above,
provided it distributes notices containing the information in (d) above, to
every household served by the system.
(o) A water system owner may limit its lead
education program as follows, provided it distributes notices containing the
information in (d) above, to every household served by the system:
(1) A community or non-community water system
serving 500 or fewer people may omit the public notification requirement in
(j)(2)b. above; and
(2) May limit
the distribution of lead education materials required under (j)(2)c. above, to
facilities and organizations served by the system that are most likely to be
visited regularly by children and pregnant women.
(p) A community or non-transient
non-community system serving 501 to 3,300 people may submit a written request
to the department to:
(1) Omit the
requirements of (j)(2)b. above; and
(2) Limit the distribution of the lead
education materials required (j)(2)c. above, to facilities and organizations
served by the system that are most likely to be visited regularly by children
and pregnant women.
(q)
The request shall:
(1) Identify the water
system name;
(2) Identify the water
system EPA number; and
(3) The
rationale as to why the request is appropriate.
(r) The department shall respond to the
request in (q) above in writing and shall approve the request if it finds that
the alternatives proposed adequately provides notice to the population
served.
(s) The owner of a
community water system serving 3,300 or fewer people that delivers lead
education in accordance with (j)(11) and (j)(12) above shall repeat the
required lead education tasks at least once during each calendar year in which
the system exceeds the lead action level.
(t) The owner of a water system failing to
meet the lead action level on the basis of tap samples collected in accordance
with Env-Ws
381.15 through
Env-Ws
381.21 shall offer to sample and analyze the tap water
of any customer who requests it. The system owner shall not be required to pay
for collecting or analyzing the sample.
(See Revision Note at chapter heading for Env-Ws 300)
#6521, eff 6-4-97, ss by #7734, eff 8-2-02; amd by #8351, eff 5-14-05; amd by
#9598, eff 11-21-09
