Section 327IAC8-2-44. Public education and supplemental monitoring; lead and copper

   (a) A water system shall 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 (d). A water system that exceeds the lead action level based on tap water samples collected in accordance with section 37 of this rule shall sample, in accordance with subsection (c), the tap water of any customer who requests sampling and deliver to all bill paying customers the public education materials contained in the following requirements in accordance with the requirements in subsection (b):

(1) A CWS or an NTNCWS shall include the informational elements contained in this subdivision and in the same order as established in this subdivision in all the printed materials it distributes through its lead public education program. Language in clauses (A) through (F) must be included in the materials exactly as written except for the text in parentheses where the water system shall insert system-specific information. Any additional information presented by a water system shall be consistent with the information contained under clauses (A) through (F) and be in plain language that can be understood by the general public. A water system shall submit all written public education materials to the commissioner prior to delivery to its customers, and the commissioner may require the system to obtain approval of the content of written public materials prior to delivery. The informational elements and their order that must be contained in public education materials distributed by a CWS or an NTNCWS are as follows:

(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 or 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 a 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 the child's brain development.".

(C) Sources of lead shall be described in the water system's public education materials as follows:

(i) The public education materials must explain what lead is.

(ii) Possible sources of lead in drinking water and how lead enters drinking water must be explained, including information on:

(AA) home and building plumbing materials; and

(BB) service lines;

that can contain lead.

(iii) Other important sources of lead exposure in addition to drinking water, for example, paint, must be discussed.

(D) Discussion of the steps the consumer can take to reduce his or her exposure to lead in drinking water, including the following suggestions:

(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 may 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 and include a list of some state approved laboratories in your area that you can call to have your water tested for lead. (Insert names and addresses of at least two (2) laboratories.)

(E) Explain:

(i) why there are elevated levels of lead in the system's drinking water (if known); and

(ii) what the water system is doing to reduce the lead levels in homes and buildings in this area.

(F) "For more information, call us at (INSERT YOUR TELEPHONE NUMBER) (IF APPLICABLE), or visit our website at (INSERT YOUR WEBSITE HERE). For more information on reducing lead exposure around your home or building and the health effects of lead, visit EPA's website at http://www.epa.gov/lead or contact your health care provider.".

(2) In addition to including the informational elements specified in subdivision (1) in public education materials, CWSs shall tell consumers how to get their water tested.

  (b) Requirements for delivery of public education materials shall be as follows:

(1) For PWSs serving a large proportion of non-English speaking customers, in which twenty percent (20%) or more of the customers speak the same language other than English, the public education materials must contain information in the appropriate languages 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.

(2) A CWS that exceeds the lead action level on the basis of tap water samples collected in accordance with section 37 of this rule and that is not already conducting public education under this section shall meet the following, within sixty (60) days after the end of the monitoring period in which the exceedance occurred:

(A) Deliver printed materials meeting the content requirements of subsection (a) to all bill paying customers.

(B) Contact customers who are most at risk by delivering public education materials that meet the content requirements of subsection (a) according to the following:

(i) The public education materials shall be:

(AA) delivered to local public health agencies even if the agencies are not located within the water system's service area;

(BB) accompanied by an informational notice that encourages distribution to all of the agencies' potentially affected customers or CWS's users; and

(CC) provided by the water system directly to the local public health agencies through phone contact or in person.

If a local public health agency provides the water system a specific list of additional community-based organizations serving target populations, including organizations outside the service area of the water system, then the water system shall deliver public education materials that meet the content requirements of subsection (a) to all organizations on the provided list.

(ii) Deliver the public education 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 CWS's users:

(AA) Public and private schools or school boards.

(BB) Women, infants, and children (WIC) and head start programs, whenever available.

(CC) Public and private hospitals and medical clinics.

(DD) Pediatricians.

(EE) Family planning clinics.

(FF) Local welfare agencies.

(iii) Make a good faith effort to locate the following organizations within the water system's service area, including 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 and deliver materials according to item (i):

(AA) Licensed childcare centers.

(BB) Public and private preschools.

(CC) Obstetricians-gynecologists and midwives.

(C) Not less than quarterly, the water system shall provide information on or with each water bill as long as the system exceeds the action level for lead. The message on or with the water bill shall meet the following:

(i) The statement written exactly as follows except for the text in parentheses, for which the water system must include system-specific information, must be included: "(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) or visit (INSERT YOUR WEBSITE HERE).".

(ii) The delivery mechanism of the message may be modified after consultation with the commissioner. Specifically, the commissioner may allow a separate mailing of public education materials to customers if the water system cannot place the information on water bills.

(D) For systems serving a population greater than one hundred thousand (100,000), post the public education material meeting the content requirements of subsection (a) on the water system's website.

(E) Submit a press release to newspapers and television and radio stations.

(F) In addition to clauses (A) through (E), systems shall implement activities that have educational content and are selected in consultation with the commissioner. A system shall implement at least three (3) activities from one (1) or more of the following categories:

(i) Public service announcements.

(ii) Paid advertisements.

(iii) Public area informational displays.

(iv) E-mails to customers.

(v) Public meetings.

(vi) Household deliveries.

(vii) Targeted individual customer contact.

(viii) Direct material distribution to all multifamily homes and institutions.

(ix) Other methods approved by the commissioner.

(G) For monitoring periods that are annual or less frequent, the end of the monitoring period is:

(i) September 30 of the calendar year in which the sampling occurs; or

(ii) the last day of an alternate monitoring period, if one is specified by the commissioner.

(3) As long as a CWS exceeds the action level, the frequency of conducting activities according to subdivision (2) shall be as follows:

(A) A CWS shall repeat the tasks in:

(i) subdivision (2)(A), (2)(B), and (2)(D) every twelve (12) months; and

(ii) subdivision (2)(C) with each billing cycle.

(B) A CWS serving a population greater than one hundred thousand (100,000) shall post and retain material on a publicly accessible website according to subdivision (2)(D).

(C) The CWS shall repeat the task in subdivision (2)(E) twice every twelve (12) months on a schedule agreed upon with the commissioner under the following conditions:

(i) The commissioner may allow activities in subdivision (2) to extend beyond the sixty (60) day requirement if needed for implementation purposes on a case-by-case basis.

(ii) The extension allowed under item (i) must be approved in writing by the commissioner in advance of the sixty (60) day deadline.

(4) Within sixty (60) days after the end of the monitoring period in which the exceedance occurred, unless it is already repeating public education tasks according to subdivision (5), an NTNCWS shall deliver the public education materials contained in subsection (a) 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.

(B) Distribute:

(i) informational pamphlets;

(ii) brochures; or

(iii) both informational pamphlets and brochures;

on lead in drinking water to each person served by the NTNCWS.

(C) For systems that are required to conduct monitoring annually or less frequently, the end of the monitoring period is:

(i) September 30 of the calendar year in which the sampling occurs; or

(ii) the last day of an alternate monitoring period, if one is specified by the commissioner.

The commissioner 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) An NTNCWS shall repeat the tasks contained in subdivision (4) at least once during each calendar year in which the system exceeds the lead action level on a schedule agreed upon with the commissioner under the following conditions:

(A) The commissioner may allow activities in subdivision (4) to extend beyond the sixty (60) day requirement if needed for implementation purposes on a case-by-case basis.

(B) The extension allowed under clause (A) must be approved in writing by the commissioner in advance of the sixty (60) day deadline.

(6) A CWS and an NTNCWS may discontinue delivery of public education materials if the following conditions are met:

(A) The system has met the lead action level during the most recent six (6) month monitoring period conducted under section 37 of this rule.

(B) The system shall recommence public education in accordance with this section if it subsequently exceeds the lead action level during any monitoring period.

(7) A CWS may apply to the commissioner, in writing, to use only the text specified in subsection (a)(1) in lieu of the text in subsection (a)(1) and (a)(2) and to perform the tasks listed in subdivisions (4) and (5) in lieu of the tasks in subdivisions (2) and (3) if the following conditions are met:

(A) The system is a facility, such as a prison or hospital, where the population served is not capable of or is prevented from making improvements to plumbing or installing POUs.

(B) The system:

(i) provides water as part of the costs of services provided; and

(ii) does not separately charge for water consumption.

(8) A CWS serving three thousand three hundred (3,300) or fewer people may limit certain aspects of its public education program if the following conditions are met:

(A) At least one (1) of the activities listed in subdivision (2)(F) is implemented.

(B) The distribution of the public education materials required under subdivision (2)(B) may be limited to facilities and organizations served by the system that are most likely to be visited regularly by pregnant women and children.

(C) The commissioner may waive the requirements under subdivision (2)(E) as long as the system distributes notices to every household served by the system.

  (c) A water system that fails to meet the lead action level on the basis of tap samples collected in accordance with section 37 of this rule:

(1) shall offer to sample the tap water of any customer who requests it;

(2) is not required to pay for collecting or analyzing the sample; and

(3) is not required to collect and analyze the sample itself.

  (d) A water system shall meet the following notification requirements regarding the results of lead and copper tap sampling:

(1) A water system shall provide a notice of the individual tap results from lead tap water monitoring carried out under the requirements of section 37 of this rule to the persons served by the water system at the specific sampling site from which the sample was taken, for example, the occupants of the residence where the tap was tested.

(2) A water system shall provide the consumer notification as soon as practical, but not later than thirty (30) days after the system learns of the tap monitoring results.

(3) The consumer notice must include the following:

(A) The results of lead tap water monitoring for the tap that was tested.

(B) An explanation of the health effects of lead.

(C) A list of the steps consumers can take to reduce exposure to lead in drinking water.

(D) The MCLG and the action level for lead and the definitions for these two (2) terms from 327 IAC 8-2.1-3.

(E) Information for contacting the water utility.

(4) The consumer notification must be provided to persons served at the tap that was tested, either by:

(A) mail; or

(B) another method approved by the commissioner. For example, upon approval by the commissioner, an NTNCWS could provide the results on a bulletin board in the facility to allow users to review the information.

The system shall provide the notice to customers at sample taps tested, including customers who do not receive water bills.

(Water Pollution Control Division; 327 IAC 8-2-44; filed Aug 24, 1994, 8:15 a.m.: 18 IR 79; errata filed Oct 11, 1994, 2:45 p.m.: 18 IR 532; filed Oct 26, 2001, 4:55 p.m.: 25 IR 779; errata filed Oct 30, 2001, 10:50 a.m.: 25 IR 813; errata filed Feb 22, 2002, 1:59 p.m.: 25 IR 2254; filed May 7, 2010, 9:30 a.m.: 20100602-IR-327080198FRA)