-
ORR # 2001-004
DEPARTMENT OF ENVIRONMENTAL QUALITY DRINKING WATER AND RADIOLOGICAL PROTECTION DIVISION
SUPPLYING WATER TO THE PUBLIC
Filed with the Secretary of State on May 22, 2002
This rule takes effect 7 days after filing with the Secretary of State
(By authority conferred on the department of environmental quality by sections 5, 7, 14, and 19 of 1976 PA 399, MCL 325.1005, 325.1007, 325.1014, and 325.1019, and Executive Reorganization Order
No. 1996-1, MCL 330.3101)
R 325.10410 of the Michigan Administrative Code is amended as follows:
PART 4. PUBLIC NOTIFICATION AND PUBLIC EDUCATION
R 325.10410 Public education regarding lead.
Rule 410. (1) If a community water system or a nontransient noncommunity water system exceeds the lead action level based on tap water samples that are collected under R 325.10710a, then the supplier shall deliver the public education materials specified in 40 C.F.R. §§141.85(a) and (b), (January 26, 2000), which are adopted by reference. The adopted material is available from the Superintendent of Documents at the address in R 325.10116(b) for a cost of $47.00 at the time of adoption of these rules. The adopted material is available for inspection, or copies are available at no cost from the offices of the department at the address in R 325.10116(a).
(2) In a community where more than 10% of the population speaks a language other than English, public education materials shall be communicated in the appropriate language or languages.
(3) The supplier of a community water system that exceeds the lead action level on the basis of tap water samples collected under R 325.10710a, and that is not already repeating public education tasks pursuant to subrules (4), (8), and (9) of this rule, shall, within 60 days, do all of the following:
(a) Insert notices in each customer's water utility bill containing the information specified in 40 C.F.R. §141.85(a)(1), together 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." The supplier 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 40 C.F.R. §141.85(a)(1), as adopted by reference in subrule (1) of this rule, as long as the information is delivered to each customer within 60 days of exceeding the action level. The supplier shall also include the "alert" language specified in this subdivision.
(b) Submit the information specified in 40 C.F.R. §141.85(a)(1), as adopted by reference in subrule (1) of this rule, to the editorial departments of the major daily and weekly newspapers circulated throughout the community.
(c) Deliver pamphlets or brochures, or both, that contain the public education materials specified in 40 C.F.R. §§141.85(a)(1)(ii) and (iv), as adopted by reference in subrule (1) of this rule, to facilities and organizations, including all of the following:
(i) Public schools or local school boards.
(ii) City or county health department.
(iii) Women, infants, and children (WIC), or head start programs.
(iv) Public and private hospitals or clinics.
(v) Pediatricians.
(vi) Family planning clinics.
(vii) Local welfare agencies.
(d) Submit the public service announcement specified in 40 C.F.R. §141.85(b), as adopted by reference in subrule (1) of this rule, to not fewer than 5 of the radio and television stations with the largest audiences that broadcast to the community that is served by the system. For small water systems, the public service announcement may be hand delivered to each customer instead of submitting the announcement to radio and television stations.
(4) The supplier of a community water system shall repeat the tasks specified in subrule (3)(a), (b), and (c) of this rule every 12 months and the tasks specified in subrule (3)(d) of this rule every 6 months for as long as the system exceeds the lead action level.
(5) Within 60 days after a nontransient, noncommunity water system exceeds the lead action level, unless the supplier is already repeating public education tasks pursuant to subrule (6) of this rule, the supplier shall deliver the public education materials specified in the applicable provisions of 40 C.F.R. §141.85(a)(1), as adopted by reference in subrule (1) of this rule, or the public education materials specified by 40 C.F.R. §141.85(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.
(b) Distribute informational pamphlets or brochures, or both, on lead in drinking water to each person who is served by the nontransient, noncommunity water system. The department may allow the supplier to utilize electronic transmission instead of or combined with printed materials as long as it achieves at least the same coverage.
(6) The supplier of a nontransient, noncommunity water system shall repeat the tasks specified in subrule (5) of this rule at least once during each calendar year in which the system exceeds the lead action level.
(7) A supplier may discontinue delivery of public education materials if the system subject to this rule has met the lead action level during the most recent 6-month monitoring period conducted under R 325.10710a. The supplier shall recommence public education under this rule if it subsequently exceeds the lead action level during a monitoring period.
(8) The supplier of a community water system may apply to the department, in writing, unless the department has waived the requirement for prior department approval, to use the text specified in 40 C.F.R. §141.85(a)(2), as adopted by reference in subrule (1) of this rule, instead of the text in 40 C.F.R. §141.85(a)(1) and to perform the tasks listed in subrules (5) and (6) of this rule instead of the tasks in subrules (3) and (4) of this rule if both of the following provisions are satisfied:
(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.
(b) The supplier provides water as part of the cost of services provided and does not separately charge for water consumption.
(9) Both of the following provisions apply to community water supplies serving 3,300 or fewer people:
(a) If a community water system serves 3,300 or fewer people, then the supplier may omit the task contained in subrule (3)(d) of this rule. As long as it distributes notices containing the information contained in 40 C.F.R §141.85(a)(1), as adopted by reference in subrule (1) of this rule, to every household served by the system, those suppliers may further limit their public education programs as follows:
(i) If a system serves 500 or fewer people, then the supplier may forego the task contained in subrule (3)(b) of this rule. The supplier may limit the distribution of the public education materials required under subrule (3)(c) of this rule to facilities and organizations served by the system that are most likely to be visited regularly by pregnant women and children, unless it is notified by the department, in writing, that it shall make a broader distribution.
(ii) If a system serves 501 to 3,300 people, then the supplier, if approved by the department in writing, may omit the task in subrule (3)(b) of this rule or limit the distribution of the public education materials required under subrule (3)(c) of this rule to facilities and organizations served by the system that are most likely to be visited regularly by pregnant women and children, or may do both.
(b) The supplier of a community water system serving 3,300 or fewer people that delivers public education under subdivision (a)(i) of this subrule shall repeat the required public education tasks at least once during each calendar year in which the system exceeds the lead action level.
