Ohio Administrative Code|Rule 3745-81-84 | Control of lead and copper - lead service line requirements.

                                                
All water systems that replace lead service lines,
		replace water mains in areas that contain or are likely to contain lead service
		lines, or exceed the lead action level after the implementation of corrosion
		control or source water treatment shall comply with all applicable requirements
		in this rule.
(A) Requirements for public water systems
		  that exceed the lead action level in tap water monitoring pursuant to paragraph
		  (D)(2) of rule 3745-81-86 of the Administrative Code, after installing
		  corrosion control or source water treatment (whichever sampling occurs
		  later).
(1) The water system
			 shall identify the initial number of lead service lines in its distribution
			 system, including an identification of the portion owned by the system, based
			 on a materials evaluation, including the evaluation required under paragraph
			 (A) of rule 3745-81-86 of the Administrative Code and relevant legal
			 authorities regarding the portion owned by the system (e.g., contracts and
			 local ordinances).
(2) The water system
			 shall replace annually at least seven per cent of the initial number of lead
			 service lines in its distribution system. The initial number of lead service
			 lines is the number of lead lines in place at the time the replacement program
			 begins. The first year of lead service line replacement shall begin on the
			 first day following the end of the monitoring period in which the action level
			 was exceeded under paragraph (A) of this rule. If monitoring is required
			 annually, or triennially, the end of the monitoring period is September
			 thirtieth of the calendar year in which the sampling occurs. If the director
			 has established an alternate period, then the end of the monitoring period will
			 be the last day of that period.
The director shall require a public water
			 system to replace lead service lines on a shorter schedule than that required
			 by this rule, taking into account the number of lead service lines in the
			 system, where such a shorter replacement schedule is feasible. The director
			 shall make this determination in writing and notify the system of the finding
			 within six months after the system is required to commence lead service line
			 replacement based on monitoring referenced in this paragraph.
(3) If the water system
			 is in violation of rule 3745-81-81 or rule 3745-81-83 of the Administrative
			 Code for failure to install source water treatment or corrosion control
			 treatment, the director may require the system to commence lead service line
			 replacement under this rule after the date by which the system was required to
			 conduct monitoring under paragraph (D)(2) of rule 3745-81-86 of the
			 Administrative Code has passed.
(4) Any public water
			 system may cease replacing lead service lines whenever first-draw samples
			 collected pursuant to paragraph (B)(2) of rule 3745-81-86 of the Administrative
			 Code meet the lead action level during each of two consecutive monitoring
			 periods and the system submits the results to the director. If first-draw tap
			 samples monitored in any such water system thereafter exceed the lead action
			 level, the system shall recommence replacing lead service lines, pursuant to
			 paragraph (C) of this rule.
(5) Any water system
			 resuming a lead service replacement program after the cessation of its lead
			 service line replacement program, as allowed by paragraph (A)(4) of this rule,
			 shall update its inventory of lead service lines. The system will then divide
			 the updated number of remaining lead service lines by the number of remaining
			 years in the program to determine the number of lines that must be replaced per
			 year (seven per cent lead service line replacement is based on a fifteen year
			 replacement program: e.g., systems resuming lead service line replacement after
			 previously conducting two years of replacement would divide the updated
			 inventory by thirteen). For those systems that have completed a fifteen year
			 lead service line replacement program, the director will determine a schedule
			 for replacing or retesting lines that were previously tested out under the
			 replacement program when the system re-exceeds the action level
(6) The water system shall replace lead
			 service lines in accordance with the requirements of paragraph (C) of this
			 rule.
(7) The water system shall report to the
			 director the information specified in paragraph (E) of rule 3745-81-90 of the
			 Administrative Code.
(B) Beginning October 1, 2018, systems
		  conducting a water main replacement in an area with known lead service lines or
		  in an area that is likely to contain lead service lines shall do so in
		  accordance with this paragraph.
(1) The water system
			 shall provide notice of the work to be performed by the system to consumers in
			 the impacted area at least forty-five days prior to commencing the replacement.
			 The director may allow the owner or operator of a water system to provide
			 notice under the previous sentence less than forty-five days prior to
			 commencing the replacement where such replacement is in conjunction with
			 emergency repairs. The notice shall shall include language, acceptable to the
			 director, that explains that work being performed may cause a temporary
			 increase in lead levels in drinking water, provides instructions on filter use
			 required to be offered in paragraph (D) of this rule, and guidance on measures
			 the consumer can take to reduce lead levels at their tap.
(2) The water system
			 shall comply with the requirements in paragraph (D) of this rule.
(C)  Beginning October 1, 2018, except in conjunction with
		  action level exceedence, any system performing a lead service line replacement
		  shall do so in accordance with this paragraph. A public water system shall
		  replace that portion of the lead service line that it owns. In cases where the
		  system does not own the entire lead service line, the system shall notify the
		  owner of the line, or the owner's authorized agent, that the system will
		  replace the portion of the service line that it owns and shall offer to replace
		  the owner's portion of the line. A system is not required to bear the cost
		  of replacing the privately-owned portion of the line, nor is it required to
		  replace the privately-owned portion where the owner chooses not to pay the cost
		  of replacing the privately-owned portion of the line, or where replacing the
		  privately-owned portion would be precluded by state, local, or common law. A
		  water system shall maintain a record of a full or partial lead service line
		  replacement with an acknowledgment from the owner of the line of the work
		  performed by the water system, for a minimum of twelve years. A water system
		  that does not replace the entire length of the service line shall complete the
		  following tasks and the requirements in paragraph (D) of this
		  rule:
(1) At least forty-five
			 days prior to commencing with the partial replacement of a lead service line,
			 the owner or operator of a water system shall provide notice to the residents
			 of all buildings served by the line. The notice shall shall include language,
			 acceptable to the director, that explains that work being performed may cause a
			 temporary increase in lead levels in drinking water, provides instructions on
			 filter use required to be offered in paragraph (D) of this rule, and guidance
			 on measures the consumer can take to reduce lead levels at their tap. The
			 director may allow the owner or operator of a water system to provide notice
			 under the previous sentence less than forty-five days prior to commencing
			 partial lead service line replacement where such replacement is in conjunction
			 with emergency repairs. In addition, the water system shall inform the
			 residents serviced by the line that the system will, at the system's
			 expense, collect a sample from each partially-replaced lead service line that
			 is representative of the water in the service line for analysis of lead
			 content, as prescribed under paragraph (B)(3) of rule 3745-81-86 of the
			 Administrative Code, within seventy-two hours after the completion of the
			 partial replacement of the service line. The system shall collect the sample
			 and report the results of the analysis to the owner and the residents served by
			 the line within two business days of receiving the laboratory results. Mailed
			 notices post-marked within two business days of receiving the laboratory
			 results shall be considered "on time."
(2) The water system
			 shall provide the information required by paragraph (C)(1) of this rule to the
			 residents of individual dwellings by mail or by other methods approved by the
			 director. In instances where multi-family dwellings are served by the line, the
			 water system shall have the option to post information at a conspicuous
			 location. In instances where a school, hospital or other non-residential
			 building is served by the line, the water system shall notify the building
			 administrator. In the case of public water systems that are schools, day cares,
			 nursing homes or correctional institutions, the parents, legal guardians or
			 power of attorney shall be directly notified.
(D) Prior to beginning a partial lead service line
		  replacement in accordance with paragraph (C) of this rule or a water main
		  replacement in accordance with paragraph (B) of this rule, a water system shall
		  offer and provide drinking water treatment unit filters up to a period of three
		  months to consumers in the area impacted by the replacement. The filters shall
		  meet NSF/ANSI standard 53 for "Drinking Water Treatment Units - Health
		  Effects."
(E) In lieu of completing lead service
		  line replacement as required under this rule, the director may use sole
		  discretion to allow a public water system to use an alternative method to
		  eliminate exposure to lead from lead service lines when, at a minimum, the
		  following conditions are met:
(1) The alternative
			 method has been approved by U.S. EPA as an acceptable alternative for lead
			 service line replacement pursuant to the Safe Drinking Water Act.
(2) The director grants
			 approval to the public water system to use the alternative method.
When using the alternative method under this
		  paragraph, a public water system shall comply with all the other substantive
		  requirements of this rule and with the reporting requirements under paragraph
		  (E) of rule 3745-81-90 of the Administrative Code.
[Comment: NSF/ANSI Standard 53, Drinking Water
		Treatment Units - Health Effects, October 1, 2015, Document Number NSF/ANSI
		53-2010. This rule incorporates this standard by reference. Copies may be
		obtained from "NSF International, 789 N. Dixboro Road, P.O. Box 130140,
		Ann Arbor, MI 48105," (734) 769-8010, http://www.nsf.org. This standard is
		available for review at "Ohio EPA, Lazarus Government Center, 50 West Town
		Street, Suite 700, Columbus, OH 43215.]"