Ala. Admin. Code r. 335-7-11-.17

Current through Register Vol. 42, No. 11, August 30, 2024

Section 335-7-11-.17 - Public Education Requirement

(1) Water systems shall provide each customer with the results of any lead and copper monitoring conducted at the customer's tap. These results shall be provided to the customers within 30 days of receipt of the results by the water system.

(a) In addition to the results, the water system shall provide an explanation of the health effects of lead, steps consumers can take to reduce exposure to lead, the water system's contact information, maximum contaminate level goal (MCLG), the action level (AL) for lead and the definition of MCLG and AL.

(b) The notice to the consumer shall be mailed or provided by an alternate method approved by the Department. Non-transient non-community water systems may post the results on a bulletin board in the facility that is readily accessible by all employees.

(c) Notice shall be provided to customers who do not receive a water bill.

(2) Any water system with a lead action level that exceeds the compliance limit shall provide public education materials containing the required language located in paragraph (3) below to the consumers within sixty days of the end of the monitoring period unless the system is being required to meet the repeat public education requirements of this rule. In communities where a significant proportion of the population speaks a language other than English, this material shall be in the appropriate language. This information shall include specific guidance as presented and use the language in subparagraph (c) above. Systems may delete information pertaining to lead service lines, upon approval of the Department, if no lead service lines exist anywhere in the water system service area. Public education language may be modified regarding building permit record availability and consumer access to these records, if approved by the Department. Systems may also continue to utilize pre-printed materials that meet the public education language requirements.

(3) A water system that exceeds the lead action level shall deliver the following public education materials in accordance with paragraph (4) of this rule.

(a) Content of written public education materials.

1. Community and non-transient non-community water systems shall include the following elements in printed materials (brochures and pamphlets) in the same order as listed below. The information in paragraphs (i) and (ii) below shall be included exactly as written except for the text in brackets, where the information shall be water system specific.

(i) 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.

(ii) 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.

(iii) Sources of lead.

(I) Explain what lead is.

(II) 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.

(III) Discuss other important sources of lead exposure in addition to drinking water (e.g. paints).

(iv) Discuss the steps the consumer can take to reduce their exposure to lead in drinking water.

(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 can 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.

(v) 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.

(vi) Include information on where additional assistance may be obtained. The language which follows is suggested: For more information, call us at [INSERT PHONE NUMBER] or visit our website at [INSERT WEBSITE ADDRESS HERE] if applicable. 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.

2. Any additional information presented by a water system shall be consistent with the information above and be in plain language that can be understood by the general public.

3. Any information provided to the public under this rule shall have prior written approval by the Department.

(b) Community water systems shall also discuss lead in plumbing components, the difference between low lead and lead free, and how the consumers can get their water tested.

(4) Delivery of public education materials.

(a) Public water systems servicing a large proportion of non-English speaking consumers shall include information in the educational material in the appropriate languages(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.

(b) Community water systems that exceed the lead action level that is not already conducting public education shall conduct public education within 60 days of the end of the monitoring period in which the exceedance occurred. The end of the monitoring period for systems that are monitoring no greater than annually shall be September 30 of the year in which the exceedance occurred or if the Department has established an alternative monitoring schedule, the last day of that period.

1. Printed materials meeting the content requirements of this rule shall be provided to all bill paying customers and all other organizations and entities as required by this rule.

2. The water system shall contact consumers who are most at risk by delivering educational materials that meet the content of this rule to local public health agencies even if they are not 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) The water system shall contact the local public health agencies by phone or in person.

(ii) The water system shall provide the required public educational materials to all organizations provided by the local public health agencies that target the affected populations. This list may include organizations inside or outside of the water system's service area.

(iii) The water system shall request the following list of organizations from public health agencies, including ones not in the water system's service area, and provide these organizations with the educational materials required under this rule along with an informational notice that encourages distribution to all potentially affected customers or users.

(I) Licensed childcare centers.

(II) Public and private preschools.

(III) Obstetricians-Gynecologists and Midwives.

3. The water system shall contact customers who are most at risk by delivering materials to the following organizations that are located in 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; and,

(vi) Local welfare agencies.

(c) Each quarter that the water system has exceeded the lead action level, the water system shall prove public notice to each customer. The water system shall include the following information in subparagraph (c)1. below (exactly as written] on at least one water bill each quarter.

1. [INSERT NAME OF WATER SYSTEM HERE] 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 HERE] [or visit (INSERT NAME OF WEBSITE HERE)].

2. Systems unable to include the statement in paragraph (i) above on its water bill shall consult with the Department for other approved methods of delivery.

(d) Systems with a population greater than 100,000 shall post all required public education material on the water system's publicly accessible website and provide the address to the Department.

(e) Water systems shall submit a press release to all newspapers, television and radio stations that service the water system's service area.

(f) In addition to the public notification and educational materials required above, the water system shall select and implement at least three activities from one or more of the categories below. The selection of activities and educational content shall be approved by the Department prior to implementation.

1. Public Service Announcements.

2. Paid advertisements.

3. Public Area Information 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 as approved by the Department.

(5) A community water system that continues to exceed the action level shall repeat the activities in paragraph (4) above as follows:

(a) A community water system shall repeat the tasks contained in subparagraphs (4)(b) and (4)(f) every 12 months.

(b) A community water system shall repeat the tasks contained in subparagraph (4)(c) with each billing cycle.

(c) A community water system serving a population greater than 100,000 shall maintain on a publically accessible website a copy of all public educational material required under paragraph (3) until the water system no longer exceeds the action level.

(d) A community water system shall repeat the tasks contained in subparagraph (4)(e) twice every 12 months on a schedule approved by the Department.

(6) A non-transient non-community water system shall deliver the public education materials specified in paragraph (3) of this rule within 60 days after the end of the monitoring period unless it is already providing public education as required under this rule. The end of the monitoring period for a system that is monitoring no greater than annually shall be September 30 of the year in which the sampling occurred or the last day of an alternative monitoring schedule. The distribution of public educational materials shall be as follows:

(a) Post informational posters on lead in drinking water in a public place or common area in of the buildings served by the system.

(b) Informational pamphlets and/or brochures on lead in drinking water shall be distributed to each person served by the water system.

(c) The public educational materials shall be distributed as required in this rule at least once each year in which the system exceeds the lead action level.

(7) A community water system serving a population less than 3,301 people may limit certain aspects of its public education program as follows:

(a) At least one of the activities under subparagraph (4)(f) shall be implemented instead of the three required in subparagraph (4)(f).

(b) The water system may limit the distribution of public education materials required under subparagraph (4)(b)2. to facilities and organizations served by the system that are most likely to be visited regularly by pregnant women and children.

(c) The water system may request to have the requirements of subparagraph (4)(e) waived provided the system distributes notices to every household served by the system.

(8) A community water system which is a facility such as a prison or hospital where the population is not capable of or is prevented from making improvements to plumbing or installing point of use treatment devices or is a system that provides water as part of the cost of services and does not charge separately for water consumption may request in writing to only use the text specified in paragraph (3) of this rule and provide notification according to paragraph (6) of this rule.

(9) A water system may discontinue delivery of public educational materials if the system has met the lead action level during the most recent six-month monitoring period conducted in accordance with this section. Public education shall resume, in accordance with this section, if the water system exceeds the lead action level during any monitoring period.

(10) A water system that fails to meet the lead action level on the basis of tap samples collected under this rule shall offer to sample the tap water of any customer who requests it. The water system is not required to pay for collecting or analyzing the sample, nor is the system required to collect and analyze the sample itself.

Ala. Admin. Code r. 335-7-11-.17

Adopted: September 23, 1992; effective November 9, 1992. Amended: Filed November 28, 1995; effective January 2, 1996. Amended: Filed February 6, 2002; effective March 13, 2002. Amended: Filed December 18, 2007; effective January 22, 2008. Amended: Filed April 26, 2009; effective May 26, 2009. Amended: Filed August 21, 2012; effective September 25, 2012.

Amended by Alabama Administrative Monthly Volume XXXIII, Issue No. 01, October 31, 2014, eff. 11/25/2014.

Author: Joe Alan Power

Statutory Authority:Code of Ala. 1975, §§ 22-23-33, 22-22A-5, 22-22A-6.