Section 327IAC8-2-19. Public notification requirements pertaining to lead

   (a) Except as provided in subsection (c), by June 19, 1988, the owner or operator of each community water system and each nontransient, noncommunity water system shall issue notice to persons served by the system that may be affected by lead contamination of their drinking water.

  (b) The commissioner may require subsequent notices. The owner or operator shall provide notice under this section even if there is no violation of the MCL for lead.

  (c) Notice under subsection (a) is not required if the system demonstrates to the commissioner that the water system, including the residential and nonresidential portions connected to the water system, are lead free. For purposes of this section, the term "lead free" when used with respect to solders and flux refers to solders and flux containing not more than two-tenths percent (0.2%) lead, and when used with respect to pipes and pipe fittings refers to pipes and pipe fittings containing not more than eight percent (8%) lead.

  (d) Notice shall be given to persons served by the system by:

(1) three (3) newspaper notices, one (1) for each of three (3) consecutive months and the first no later than June 19, 1988;

(2) the water bill or in a separate mailing by June 19, 1988; or

(3) once by hand delivery by June 19, 1988.

  (e) For nontransient noncommunity water systems, notice may be given by continuous posting. If posting is used, the notice shall be posted in a conspicuous place in the area served by the system and start no later than June 19, 1988, and continue for three (3) months.

  (f) Notices issued under this section shall include the following:

(1) Provide a clear and readily understandable explanation of the potential sources of lead in drinking water, potential adverse health effects, reasonably available methods of mitigating known or potential lead content in drinking water, any steps the water system is taking to mitigate lead content in drinking water, and the necessity for seeking alternative water supplies, if any. Use of the mandatory language in subsection (h) in the notice will be sufficient to explain potential adverse health effects.

(2) Include specific advice on how to determine if materials containing lead have been used in homes or the water distribution system, and how to minimize exposure to water likely to contain high levels of lead. Each notice shall be conspicuous and shall not contain unduly technical language, unduly small print, or similar problems that frustrate the purpose of the notice. Each notice shall contain the telephone number of the owner, operator, or designee of the public water system as a source of additional information regarding the notice. Where appropriate, the notice shall be multilingual.

  (g) Optional information to be given may be that each notice should advise persons served by the system to use only the cold water faucet for drinking and for use in cooking or preparing baby formula, and to run the water until it gets as cold as it is going to get before each use. If there has recently been major water use in the household, such as showering or bathing, flushing toilets, or doing laundry with cold water, flushing the pipes should take five (5) to thirty (30) seconds; if not, flushing the pipes could take as long as several minutes. Each notice should also advise persons served by the system to check to see if lead pipes, solder, or flux have been used in plumbing that provides tap water and to ensure that new plumbing and plumbing repairs use lead free materials. The only way to be sure of the amount of lead in the household water is to have the water tested by a competent laboratory. Testing is especially important to apartment dwellers because flushing may not be effective in high-rise buildings that have lead-soldered central piping. As appropriate, the notice should provide information on testing.

  (h) When providing the information in public notices required under subsection (f) on the potential adverse health effects of lead in drinking water, the owner or operator of the water system shall include the following specific language in the notice:

  "The Indiana Department of Environmental Management sets drinking water standards and has determined that lead is a health concern at certain levels of exposure. There is currently a standard of 0.050 parts per million. Based on new health information, the Indiana Department of Environmental Management is likely to lower this standard significantly.

  Part of the purpose of this notice is to inform you of the potential adverse health effects of lead. This is being done even though your water may not be in violation of the current standard.

  Indiana Department of Environmental Management and others are concerned about lead in drinking water. Too much lead in the human body can cause serious damage to the brain, kidneys, nervous system, and red blood cells. The greatest risk, even with short-term exposure, is to young children and pregnant women.

  Lead levels in your drinking water are likely to be highest:

● if your home or water system has lead pipes, or

● if your home has copper pipes with lead solder, and

● if the home is less than five years old, or

● if you have soft or acidic water, or

● if water sits in the pipes for several hours."

  (i) The commissioner may give notice to the public required by this section on behalf of the owner or operator of the water system if the commissioner meets the requirements of subsection (d) and the notice contains all the information specified in subsections (f) and (h). However, the owner or operator of the water system remains legally responsible for ensuring that the requirements of this section are met. (Water Pollution Control Division; 327 IAC 8-2-19; filed Dec 28, 1990, 5:10 p.m.: 14 IR 1037; errata filed Aug 6, 1991, 3:45 p.m.: 14 IR 2258)