Current through Register Vol. 46, No. 39, September 25, 2024
(a)
Notification of results to
consumers.
All water systems shall provide notice of the individual
tap results from lead tap water monitoring carried out under the requirements
of section
5-1.42
of this Subpart to the persons served by the water system at the specific
sampling site from which the sample was taken (i.e., the
occupants of the residence where the tap was tested). Water systems that exceed
the lead action level shall sample the tap water of any customer who requests
it in accordance with subdivision (i) of this section.
(1) Notice shall be provided as soon as
practical, but no later than 30 days after the system learns of the tap
monitoring results.
(2) Notice
shall be provided either by mail or by another method approved by the
State.
(3) Notice shall include the
lead levels for the tap that was tested, an explanation of the health effects
of lead, a list of steps consumers can take to reduce exposure to lead in
drinking water, and contact information for the water utility. The notice shall
also provide the maximum contaminant level goal and the action level for lead
and the definitions for these two terms from section
5-1.72(f)
of this Subpart.
(b)
Public education material content and delivery.
A water system that exceeds the lead action level based
on tap water samples collected in accordance with section
5-1.42
of this Subpart shall deliver public education materials in accordance with
paragraphs (1) and (2) of this subdivision.
(1) Content of public education materials.
(i) Community water systems and nontransient
noncommunity water systems. Water systems shall include the following elements
in printed materials (
e.g., brochures and pamphlets) in the
same order as listed below. In addition, language in clauses
(
a) through (
b) and (
f) of
this subparagraph shall be included in the materials, exactly as written,
except for the text in brackets in these clauses for which the water system
shall include system-specific information. Any additional information presented
by a water system shall be consistent with the information below and be in
plain language that can be understood by the general public. Water systems
shall submit all written public education materials to the State for approval
prior to delivery.
(a) IMPORTANT INFORMATION
ABOUT LEAD IN YOUR DRINKING WATER. [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 your 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)
Provide information on sources of lead.
(1)
explain what lead is;
(2) explain
possible sources of lead in drinking water and how lead enters drinking water.
Include information on home/building plumbing materials and service lines that
may contain lead.
(3) discuss other
important sources of lead exposure in addition to drinking water
(e.g., lead-based paint).
(d) Discuss the steps consumers can take to
reduce their exposure to lead in drinking water:
(1) encourage running the water to flush out
lead;
(2) explain concerns with
using hot water from the tap and specifically caution against the use of hot
water for preparing baby formula;
(3) explain that boiling water does not
reduce lead levels;
(4) discuss
other options consumers can take to reduce exposure to lead in drinking water,
such as alternative sources or treatment of water;
(5) 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 the water system is
doing to reduce the lead levels in homes/buildings in this area.
(f) For more information call us at [Insert
Your Number] [(If Applicable), or visit our website at [Insert Your website
Here]]. For more information on reducing lead exposure around your
home/building and the health effects of lead, visit EPA's website at
http://www.epa.gov/lead or contact
your health care provider.
(ii) Community water systems. In addition to
including the elements specified in this paragraph, community water systems
shall:
(a) tell consumers how to get their
water tested;
(b) discuss lead in
plumbing components, the difference between low lead and lead free, the
requirement to use lead-free materials, and the standards that materials shall
meet in order to be considered lead free.
(iii) Each water system required to deliver
public education materials through additional means specified in subparagraphs
(2)(i) through (ii) of this subdivision shall include additional content as
determined in consultation with the State.
(2) Delivery of public education materials.
(i) For public water systems serving a large
proportion of non-English speaking consumers, as determined by the State, the
public education materials shall contain 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.
(ii) A
community water system that exceeds the lead action level and that is not
already conducting public education tasks under this section, shall conduct the
following public education tasks within 60 days after the end of the monitoring
period in which the exceedance occurred. For systems that are required to
conduct monitoring annually or less frequently, the end of the monitoring
period is September 30th of the calendar year in which the sampling occurs or,
if the State has established an alternate monitoring period, the last day of
that period:
(a) deliver printed materials
meeting the content requirements of subdivision (a) of this section to all bill
paying customers;
(b) contact
consumers who are most at risk by delivering education materials that meet the
content requirements of subdivision (a) of this section as follows:
(1) contact the State for a list of community
based organizations serving target populations, even if they are not located
within the water system's service area, and deliver education materials to all
appropriate organizations along with an informational notice that encourages
distribution to all the organization's potentially affected customers or
community water system's users as determined in consultation with the State.
The water system must contact the State directly by phone or in
person;
(2) contact customers who
are most at risk by delivering materials to the following organizations that
are located within the water system's service area, along with an informational
notice that encourages distribution to all the organization's potentially
affected customers or community water system's users:
(i) public and private schools or school
boards;
(ii) women, infants and
children (WIC) and Head Start programs;
(iii) public and private hospitals and
medical clinics;
(iv)
pediatricians;
(v) family planning
clinics;
(vi) local welfare
agencies;
(3) make a
good faith effort to locate the following organizations within the service area
and deliver materials, along with 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 State:
(i) licensed childcare centers;
(ii) public and private preschools;
(iii) obstetricians-gynecologists and
midwives;
(c)
no less often than quarterly, provide information on or in each water bill as
long as the system exceeds the action level for lead. The message on the water
bill shall include the following statement exactly as written except for the
text in brackets for which the water system shall 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] [or visit (Insert Your
website Here)]. The message or delivery mechanism can be modified in
consultation with the State; specifically, the State may allow a separate
mailing of public education materials to customers if the water system cannot
place the information on water bills;
(d) post material meeting the content
requirements of subdivision (a) of this section on the water system's website
if the system serves a population greater than 100,000 or if the water system
maintains a publicly accessible website;
(e) submit a press release to newspaper,
television and radio stations;
(f)
in addition to the other requirements of this section, systems shall implement
at least three activities from one or more categories listed below. The
educational content and selection of these activities must be determined in
consultation with the State:
(1) public
service announcements;
(2) paid
advertisements;
(3) public area
informational displays;
(4) e-mails
to customers;
(5) public
meetings;
(6) household
deliveries;
(7) targeted individual
customer contact;
(8) direct
material distribution to all multi-family homes and institutions;
(9) other methods approved by the State.
(c) As long as a community water system
exceeds the action level, it shall repeat the activities pursuant to paragraphs
(1) through (4) of this subdivision.
(1) A
community water system shall repeat the tasks contained in subdivisions (a),
(b) and (f) of this section every 12 months.
(2) A community water system shall repeat
tasks contained in this subdivision with each billing cycle.
(3) A community water system serving a
population greater than 100,000 shall post and retain material on a publicly
accessible website pursuant to subdivision (d) of this section.
(4) The community water system shall repeat
the tasks in clauses (b)(2)(ii)(a), (b) and
(d) of this section twice every 12 months on a schedule agreed
upon with the State. The State may allow activities in clause
(b)(2)(ii)(b) of this section 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 State in advance of
the 60-day deadline.
(d)
A nontransient noncommunity water system that exceeds the lead action level and
that is not already conducting public education tasks under this section shall
conduct the following public education tasks within 60 days after the end of
the monitoring period in which the exceedance occurred. For systems that are
required to conduct monitoring annually or less frequently, the end of the
monitoring period is September 30th of the calendar year in which the sampling
occurs or, if the State has established an alternate monitoring period, the
last day of that period:
(1) 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
(2) distribute informational pamphlets and/or
brochures on lead in drinking water to each person served by the nontransient
noncommunity water system. The State 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.
(e) A nontransient noncommunity water system
shall repeat the tasks contained in subdivision (d) of this section at least
once during each calendar year in which the system exceeds the lead action
level. The State may allow activities in this section 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 State in
advance of the 60-day deadline.
(f)
A water system may discontinue delivery of public education materials if the
system has met the lead action level during the most recent six-month
monitoring period. Such a system shall recommence public education in
accordance with this section if it exceeds the lead action level during any
subsequent monitoring period.
(g) A
community water system may use only the text specified in subparagraphs
(b)(1)(i) and (ii) of this section in lieu of the text in subparagraphs
(b)(1)(i) through (iii) of this section, and to perform the tasks listed in
subdivisions (d) and (e) of this section in lieu of the tasks in subparagraph
(b)(2)(ii) and paragraph (3) of this section if:
(1) 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;
(2) the system
provides water as part of the cost of services provided and does not separately
charge for water consumption; and
(3) the State has not directed the water
system to conduct broader distribution of education material as needed if in
its judgment education materials are not reaching the system's
consumers.
(h) A
community water system serving 3,300 or fewer people may limit certain aspects
of their public education programs as follows:
(1) With respect to the requirements of
clause (b)(2)(ii)(f) of this section, a system serving 3,300
or fewer shall implement at least one of the activities listed in that
clause.
(2) With respect to the
requirements of clause (b)(2)(ii)(b) of this section, a system
serving 3,300 or fewer people may limit the distribution of the public
education materials required under that clause to facilities and organizations
served by the system that are most likely to be visited regularly by pregnant
women and children.
(3) With
respect to the requirements of clause (b)(2)(ii)(e) of this
section, the State may waive this requirement for systems serving 3,300 or
fewer persons as long as system distributes notices to every household served
by the system.
(i)
Consumer requests for lead sampling.
A water system that fails to meet the lead action level
on the basis of tap samples collected in accordance with section
5-1.42
of this Subpart shall provide assistance in determining lead levels at the tap
of any customer who requests it. Systems may collect and analyze the samples,
but are not obligated to incur expenses. Systems are also not obligated to
collect and analyze samples itself, but shall provide information about
laboratories providing this service.
