Ohio Administrative Code|Rule 3745-90-06 | Harmful algal blooms - Tier 1 public notification and consumer confidence reports.

                                                

This rule applies to all public water systems,
including consecutive water systems.

(A) Tier 1 public
notification.

(1) A public water system
shall issue tier 1 public notification in accordance with rule 3745-81-32 of
the Administrative Code when any of the following occur:

(a) A microcystins action level established paragraph
(A)(1) or (A)(2) in rule 3745-90-02 of the Administrative Code is exceeded in a
repeat sample collected at the finished water sampling point in accordance with
rule 3745-90-03 of the Administrative Code, unless the director agrees in
writing that the timeline for notification may be extended or public
notification is not necessary, based on extenuating circumstances, until
additional results are received.

(b) If required by the director based on the results of
resamples, distribution system samples or daily samples collected in accordance
with paragraph (A)(4), (B) or (C)(2) of rule 3745-90-03 of the Administrative
Code.

(c) Failure to conduct resampling or repeat sampling in
accordance with paragraph (A)(4)(a), (A)(4)(b), (C)(2)(a) or (C)(2)(b) of rule
3745-90-03 of the Administrative Code, unless the director agrees in writing
that the timeline for notification may be extended or public notification is
not necessary.

(2) The public
notification shall include applicable content in accordance with paragraph (E)
of rule 3745-81-32 of the Administrative Code, the action level exceeded and
the standard health effects language in paragraph (C) of this
rule.

(3) The director may
allow the system to limit distribution of the public notice in accordance with
paragraph (A)(2) of rule 3745-81-32 of the Administrative Code.

(4) Unless otherwise
specified by the director based on public health and safety considerations,
tier 1 public notification shall remain in effect until the following
occur:

(a) Microcystins concentrations are below the action level
in two consecutive samples collected a minimum of twenty-four hours apart at
the finished water sampling point.

(b) Microcystins concentrations are below the action level
in one set of samples collected at the distribution sampling
points.

(B) Consumer confidence
report.

Each community public water system which exceeds
a microcystins action level established in paragraph (A)(1) or (A)(2) of rule
3745-90-02 of the Administrative Code in a sample collected at a finished water
sampling point in a daily, resample or repeat sample, or a distribution
sampling point collected within their own community water system in accordance
with rule 3745-90-03 of the Administrative Code shall include the following in
the consumer confidence report required by Chapter 3745-96 of the
Administrative Code:

(1) The microcystins
action level.

(2) The range of levels
detected and highest single measurement of microcystins concentration in
samples collected at finished water sampling points and distribution sampling
points.

(3) Information regarding
the major source of the contaminant: "Produced by some naturally occurring
cyanobacteria, also known as blue-green algae, which under certain conditions
(i.e., high nutrient concentration and high light intensity) may produce
microcystins."

(4) Standard health
effects language in paragraph (C) of this rule.

(C) Standard health effects
language.

The following standard health effects language
shall be used in public notification and consumer confidence reports:
"Consuming water containing concentrations of microcystins over the action
level may result in abnormal liver function, diarrhea, vomiting, nausea,
numbness or dizziness. Children younger than school age, pregnant women,
nursing mothers, the elderly, immune-compromised individuals, those with
pre-existing liver conditions and those receiving dialysis treatment may be
more susceptible than the general population to the health effects of
microcystins."

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