Chapter 3745-81 Primary Drinking Water Rules

As used in Chapter 3745-81 of the Administrative Code:

(A) “Action level” is the concentration of lead or copper in water specified in paragraph

(C) of rule 3745-81-80 of the Administrative Code.

(B) “Actual CT” means the CT value or the sum of CT values that is representative of the disinfection as determined in accordance with rule 3745-81-72 of the Administrative Code.

(C) “Approved effective volume factor” means the ratio of the disinfectant contact time

(T) to the theoretical contact time. The theoretical contact time is the lowest daily clearwell operating volume during the peak hourly flow divided by the peak hourly flow.

(D) “Bag filters” means pressure-driven separation devices that remove particulate matter larger than one micrometer using an engineered porous filtration media. They are typically constructed of a non-rigid, fabric filtration media housed in a pressure vessel in which the direction of flow is from the inside of the bag to outside.

(E) “Bank filtration” means a water treatment process that uses a well to recover surface water that has naturally infiltrated into ground water through a river bed or bank. Infiltration is typically enhanced by the hydraulic gradient imposed by a nearby pumping water supply or other well.

(F) “Best available technology” or “BAT” means the best technology, treatment techniques, or other means which the director may approve, after examination for efficacy under field conditions and taking cost into consideration, for a public water system to use for achieving compliance with a maximum contaminant level. For synthetic organic chemicals, any BAT must be at least as effective as granular activated carbon.

(G) “Cartridge filters” means pressure-driven separation devices that remove particulate matter larger than one micrometer using an engineered porous filtration media. They are typically constructed as rigid or semi-rigid, self supporting filter elements housed in pressure vessels in which flow is from the outside of the cartridge to the inside.

(H) ”’Chemical Abstracts Service’ registry number” or “CAS number” means the hyphenated number assigned by the “American Chemical Society’s Chemical Abstracts Service” to uniquely designate a chemical substance, regardless of the various names used for this substance.

(I) “Coagulation” means a process using coagulant chemicals and mixing by colloidal and suspended materials are destabilized and agglomerated into flocs.

(J) “Coliform bacteria” means any of the enterobacteriaceae group, including all aerobic and facultative anaerobic gram-negative, nonspore-forming bacilli which utilize lactose with or without the formation of gas.

(K) “Combined distribution system” means an interconnected distribution system consisting of the distribution systems of wholesale systems and of the consecutive systems that receive finished water. Combined distribution systems do not include consecutive systems which receive water from a wholesale system only on an emergency or intermittent basis. Combined distribution systems do not include wholesale systems which deliver water to a consecutive system only on an emergency or intermittent basis.

(L) “Combined population” means the total number of individuals served by the public water system as a prime supplier plus those individuals served through a consecutive water system(s).

(M) “Compliance cycle” means the nine-year cycle for monitoring during which public water systems shall monitor. Each compliance cycle consists of three three-year compliance periods. The first compliance cycle began January 1, 1993, and ended December 31, 2001. The second compliance cycle began January 1, 2002 and ends December 31, 2010.

(N) “Compliance period” means one of the three periods of three consecutive calendar years within a compliance cycle. Each compliance cycle has three three-year compliance periods. Within the first compliance cycle, the first compliance period began January 1, 1993 and ended December 31, 1995.

(O) “Comprehensive performance evaluation” or “CPE” means a thorough review and analysis of a treatment plant’s performance-based capabilities and associated administrative, operation and maintenance practices. It is conducted to identify factors that may be adversely impacting a plant’s performance. The comprehensive performance evaluation consists of at least the following components: assessments of plant performance; evaluation of major unit processes; identification and prioritization of performance limiting factors; assessment of the applicability of comprehensive technical assistance; and preparation of a CPE report.

(P) “Confluent growth” means a continuous bacterial growth, covering the entire filtration area of a membrane filter, or a portion thereof, in which bacterial colonies are not discrete.

(Q) “Consecutive water system” means a public water system that receives water from one or more public water systems, excluding intermittent or emergency interconnections. Delivery may be through a direct connection or through the distribution system of one or more consecutive systems.

(R) “Consumer notice,” for the purpose of rules 3745-81-80 to 3745-81-90 of the Administrative Code, means notification of individual tap results from lead tap water monitoring in accordance with paragraph (D) of rule 3745-81-85 of the Administrative Code.

(S) “Contaminant” means any physical, chemical, biological or radiological substance or matter in water.

(T) “Conventional filtration treatment” means a series of processes including coagulation, flocculation, sedimentation, and filtration resulting in substantial removal of particles.

(U) “Corrosion inhibitor” means a substance capable of reducing the corrosivity of water toward metal plumbing materials, especially lead and copper, by forming a protective film on the interior surface of those materials.

(V) “Contact time” or “CT” means the mathematical product of a “residual disinfectant concentration” (C), which is determined before or at the first customer, and the corresponding “disinfectant contact time” (T).

(W) “Direct filtration” means a series of processes, including coagulation and filtration but excluding sedimentation, resulting in substantial removal of particles from water.

(X) “Director of environmental protection” or “director” includes an authorized representative of the director.

(Y) “Disinfectant” means any oxidant, including but not limited to chlorine, chlorine dioxide, chloramines, and ozone added to water in any part of the treatment or distribution process, that is intended to kill or inactivate pathogenic microorganisms.

(Z) “Disinfectant contact time” (“T” in CT calculations) means the time in minutes that it takes for water to move from the point of disinfectant application or the previous point of disinfectant residual measurement to a point before or at the point where residual disinfectant concentration (C) is measured.

(AA) “Disinfection” means a process which inactivates pathogenic organisms in water by the addition of chemical oxidant(s) or equivalent agents.

(BB) “Disinfection profile” means a summary of Giardia lamblia inactivation through the treatment plant.

(CC) “District office” means the office of the Ohio environmental protection agency located in the district within which the subject water system is located.

(DD) “Dose equivalent” means the product of the absorbed dose from ionizing radiation and such other factors as account for differences in biological effectiveness due to the type of radiation and its distribution in the body as specified by the “International Commission of Radiological Units and Measurements (ICRU).”

(EE) “Dual sample set” means a set of two samples collected at the same time and same location, with one sample analyzed for TTHM and the other sample analyzed for HAA5. Dual sample sets are collected in accordance with paragraph (D) of rule 3745-81-24 of the Administrative Code.

(FF) “Effective corrosion inhibitor residual”, for the purpose of rules 3745-81-80 to 3745-81-90 of the Administrative Code, means a concentration sufficient to form a passivating film on the interior walls of a pipe.

(GG) “Enhanced coagulation” means the addition of sufficient coagulant for improved removal of disinfection byproduct precursors by conventional filtration treatment.

(HH) “Enhanced softening” means the improved removal of disinfection byproduct precursors by precipitative softening.

(II) “Filter profile” means a graphical representation of individual filter performance based on continuous turbidity measurements or total particle counts versus time for an entire filter run, from startup to backwash inclusively, that includes an assessment of filter performance while another filter is being backwashed.

(JJ) “Filtration” means a process for removing particles from water by passage through porous media.

(KK) “Finished water” means water that is introduced into the distribution system of a public water system and is intended for distribution and consumption without further treatment, except as necessary to maintain water quality in the distribution system (e.g., booster disinfection, addition of corrosion control chemicals).

(LL) “First-draw sample” means a one-liter sample of tap water, collected in accordance with paragraph (B)(2) of rule 3745-81-86 of the Administrative Code, that has been standing in plumbing pipes at least six hours and is collected without flushing the tap.

(MM) “Flocculation” means a process which enhances agglomeration of particles into larger, more easily settleable particles through gentle stirring.

(NN) “Flowing stream” means a course of running water flowing in a definite channel.

(OO) “GAC10” means granular activated carbon filter beds with an empty-bed contact time of ten minutes based on average daily flow and a carbon reactivation frequency of every one hundred eighty days., except that the reactivation frequency for GAC10 used as a best available technology for compliance with paragraph (B) of rule 3745-81-12 of the Administrative Code shall be one hundred twenty days.

(PP) “GAC20” means granular activated carbon filter beds with an empty-bed contact time of twenty minutes based on average daily flow and a carbon reactivation frequency of every two hundred forty days.

(QQ) “Gross alpha particle activity” means the total radioactivity due to alpha particle emission as inferred from measurements on a dry sample.

(RR) “Gross beta particle activity” means the total radioactivity due to beta particle emission as inferred from measurements on a dry sample.

(SS) “Ground water” means any water below the surface of the earth in a zone of saturation which is not directly influenced by surface water, which is obtained through a well constructed in accordance with plans approved by the director under section 6109.07 of the Revised Code and Chapter 3745-9 of the Administrative Code, and which is free of biological contamination significant to human health.

(TT) “Ground water system” means a public water system which uses only ground water as its source of water.

(UU) “Haloacetic acids (five)” or “HAA5” means the sum of the concentrations in milligrams per liter of the haloacetic acid compounds (monochloroacetic acid, dichloroacetic acid, trichloroacetic acid, monobromoacetic acid, and dibromoacetic acid), rounded to two significant figures after addition.

(VV) “Halogen” means one of the following chemical elements: chlorine, bromine or iodine.

(WW) “High background count” or “HBC” means that the total number of bacterial colonies exceeds two hundred on a forty-seven-millimeter diameter membrane filter used for coliform detection.

(XX) “Human consumption” means the ingestion or absorption of water or water vapor as the result of drinking, cooking, dishwashing, hand washing, bathing, showering, or oral hygiene.

(YY) “Lake/reservoir” means a natural or man-made basin or hollow on the Earth’s surface in which water collects or is stored that may or may not have a current or single direction of flow.

(ZZ) “Large water system”, for the purpose of rules 3745-81-80 to 3745-81-90 of the Administrative Code, means a public water system that serves more than fifty thousand persons.

(AAA) “Lead service line” means a service line made of lead which connects a water main to a building inlet and any lead pigtail, gooseneck, or other fitting which is connected to such a lead line.

(BBB) “Legionella” means a genus of bacteria, some species of which may cause Legionnaires disease.

(CCC) “Locational running annual average” or “LRAA” means the average of sample analytical results for samples taken at a particular monitoring location during the previous four calendar quarters.

(DDD) “Man-made beta particle and photon emitters” means all radionuclides emitting beta particles and/or photons listed in the maximum permissible body burdens and maximum permissible concentrations of radionuclides in air and water for occupational exposures, “NBS Handbook 69,” except the daughter products of thorium-232, uranium-235 and uranium-238.

(EEE) “Maximum contaminant level” or “MCL” means the maximum permissible level of a contaminant in water which is delivered to any user of a public water system.

(FFF) “Maximum contaminant level goal” or “MCLG” means the level of a contaminant in drinking water below which there is no known or expected risk to health. MCLGs allow for a margin of safety.

(GGG) “Maximum residual disinfectant level” or “MRDL” means the highest level of disinfectant allowed under conditions specified in rule 3745-81-10 of the Administrative Code.

(HHH) “Medium water system”, for the purpose of rules 3745-81-80 to 3745-81-90 of the Administrative Code, means a public water system that serves greater than three thousand three hundred and less than or equal to fifty thousand persons.

(III) “Membrane filtration” means a pressure or vacuum driven separation process in which particulate matter larger than one micrometer is rejected by an engineered barrier, primarily through a size-exclusion mechanism, and which has a measurable removal efficiency of a target organism that can be verified through the application of a direct integrity test. This definition includes the common membrane technologies of microfiltration, ultrafiltration, and reverse osmosis.

(JJJ) “Method detection limit” or “MDL” is the minimum concentration of a substance that can be measured and reported with ninety-nine per cent confidence that the analyte concentration is greater than zero and is determined from analysis of a sample in a given matrix containing the analyte.

(KKK) “Monitor” means the sampling of public drinking water, the submittal of sample(s) to a laboratory certified for the appropriate analysis, and the analysis for the contaminants or characteristics of the water.

(LLL) “New source” means:

(1) A well that is located in a new well field;

(2) A new well that is located in an existing well field for which the results of source water analysis conducted in accordance with rule 3745-9-09 or 3745-91-06 of the Administrative Code indicate the presence of any primary inorganic or radiological contaminant above eighty per cent of the MCL standard or any organic contaminant (except trihalomethanes) at detectable concentrations;

(3) An intake that is located in a surface water body not previously used; or

(4) A new intake that is located in a previously used surface water body for which the results of source water analysis conducted in accordance with rule 3745-91-06 of the Administrative Code indicate the presence of any primary inorganic or radiological contaminant above eighty per cent of the MCL standard or any organic contaminant (except trihalomethanes) at detectable concentrations.

(MMM) “Normal operating conditions” means the operational and treatment processes routinely used by a public water system which are representative of the practices under which water is typically delivered to consumers. Public water systems required to collect samples during normal operating conditions shall not deliberately change distribution or treatment processes, or operating practices during or just prior to sample collection for the sole purpose of influencing sample results collected for compliance purposes. This includes but is not limited to the following examples for the collection of disinfection byproduct or total organic carbon samples: deliberately flushing the distribution system just prior to the collection of samples; temporarily performing enhanced coagulation or softening just prior to the collection of samples; deliberately reducing chlorine dosage just prior to the collection of samples; deliberately turning off pre-chlorination just prior to the collection of samples.

(NNN) “Optimal corrosion control treatment”, for the purpose of rules 3745-81-80 to 3745-81-90 of the Administrative Code, means the corrosion control treatment that minimizes the lead and copper concentrations at users’ taps while insuring that the treatment does not cause the water system to violate any national primary drinking water regulations.

(OOO) “Person” means an individual, corporation, company, association, partnership, the state, any political subdivision, agency, institution, or instrumentality thereof, or federal agency.

(PPP) “Picocurie” or “pCi” means that quantity of radioactive material producing two and twenty-two hundredths nuclear transformations per minute.

“Plant intake” means the works or structures at the head of a conduit through which water is diverted from a source (e.g., river or lake) into the treatment plant.

(RRR) “Point-of-entry treatment device” is a treatment device applied to the drinking water entering a house or building for the purpose of reducing the contaminants in the drinking water distributed through all, or a portion of, the house or building.

(SSS) “Point-of-use treatment device” is a treatment device applied to a single tap used for the purpose of reducing contaminants in drinking water at that one tap.

(TTT) “Point of disinfectant application” means a location where disinfectant is added to a water system, and water downstream of this location is protected from recontamination.

(UUU) “Presedimentation” means a preliminary treatment process used to remove gravel, sand and other particulate material from the source water through settling before the water enters the primary clarification and filtration processes in a treatment plant.

(VVV) “Public education” for the purpose of rules 3745-81-80 to 3745-81-90 of the Administrative Code, means delivery of educational materials, in accordance with paragraphs (A) and (B) of rule 3745-81-85 of the Administrative Code, when an action level is exceeded.

(WWW) “Public notification” means notification to persons served by a public water system of violations or other situations in accordance with rule 3745-81-32 of the Administrative Code.

(XXX) “Public water system” or “PWS” means a system which provides water for human consumption through pipes or other constructed conveyances, if such system has at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily at least sixty days out of the year. Such term includes any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in connection with such system, any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system, and any water supply system serving an agriculture labor camp, as defined in section 3733.41 of the Revised Code. A public water system is either a “community water system” or a “noncommunity water system.”

(1) “Community water system” or “CWS” means a public water system which serves at least fifteen service connections used by year-round residents or regularly serves at least twenty-five year-round residents.

(2) “Noncommunity water system” or “NCWS” means a public water system that is not a community water system.

(a) “Nontransient noncommunity water system” or “NTNCWS” means a public water system that is not a community water system and that regularly serves at least twenty-five of the same persons over six months per year.

(b) “Transient noncommunity water system” or “TNCWS” means a noncommunity public water system that does not regularly serve at least twenty-five of the same persons over six months of the year.

(YYY) “Radiation equivalent man” or “rem” means the unit of dose equivalent from ionizing radiation to the total body or any internal organ or organ system. A “millirem (mrem)” is one one-thousandth of a rem.

(ZZZ) “Required CT” means the CT value that is considered sufficient disinfection treatment to consistently and reliably achieve at least 99.9 per cent (3 log) inactivation and/or removal of Giardia lamblia cysts and at least 99.99 per cent (4 log) inactivation and/or removal of viruses as determined in accordance with rule 3745-81-72 of the Administrative Code.

(AAAA) “Residual disinfectant concentration” (“C” in CT calculations) means the concentration of disinfectant measured in milligrams per liter in a representative sample of water.

(BBBB) “Safe Drinking Water Act” or “SDWA” means the Safe Drinking Water Act, 88 Stat. 1660 (1974), 42 U.S.C. 300(f) and regulations adopted thereunder.

(CCCC) “Sampling point” means,

(1) For groundwater systems, each entry point to the distribution system which is representative of each well after treatment, and

(2) For surface water systems, each entry point to the distribution system after any application of treatment or in the distribution system at points representative of each source.

(DDDD) “Sanitary survey” means an onsite review to evaluate the adequacy of the water source, treatment, distribution system, finished water storage, pumps, pump facilities and controls, montioring, reporting and data verification, system management and operation, and to review operator compliance with state requirements.

(EEEE) “Sedimentation” means a process for removal of solids before filtration.

(FFFF) “Service line sample” means a one-liter sample of water, collected in accordance with paragraph (B)(3) of rule 3745-81-86 of the Administrative Code, that has been standing for at least six hours in a service line.

(GGGG) “Significant deficiency” means a defect in the system that puts the system in violation of a drinking water requirement or that causes an unacceptable risk to the public’s health.

(HHHH) “Single family structure”, for the purpose of rules 3745-81-80 to 3745-81-90 of the Administrative Code, means a building constructed as a single-family residence that is currently used as either a residence or a place of business.

(IIII) “Slow sand filtration” means a process of passing raw water through a porous granular medium, at a rate of less than one hundred fifty gallons per day per square foot of sand area, with substantial removal of particles by physical and biological mechanisms.

(JJJJ) “Small water system”, for the purpose of rules 3745-81-80 to 3745-81-90 of the Administrative Code, means a public water system that serves three thousand three hundred persons or fewer.

(KKKK) “Source water at the entry point to the distribution system” for the purpose of rules 3745-81-80 to 3745-81-90 of the Administrative Code, means finished water (as defined in this rule) or water that is introduced into the distribution system of a public water system and is intended for distribution and consumption without further treatment, except as necessary to maintain water quality in the distribution system (e.g., booster disinfection, addition of corrosion control chemicals).

(LLLL) “State primary drinking water rules” means rules of Chapter 3745-81 of the Administrative Code.

(MMMM) “Supplier of water” means any person who owns or operates a public water system.

(NNNN) “Surface water” means:

(1) All water which is open to the atmosphere and subject to surface runoff, or

(2) Ground water under the direct influence of water which is open to the atmosphere or subject to surface runoff, as indicated by,

(a) Significant occurrence of insects or other macroorganisms, algae, or large-diameter pathogens such as Giardia lamblia or Cryptosporidium, or

(b) The presence of biological contamination significant to human health, or

(c) Improper well construction or inadequate sanitary isolation radius, or

(d) Significant and relatively rapid shifts in water characteristics such as turbidity, temperature, conductivity, or pH which closely correlate to climatological or surface water conditions.

(OOOO) “Surface water system” means a public water system which uses surface water, in whole or in part, as its source of water.

(PPPP) “SUVA” means specific ultraviolet absorption at two hundred fifty-four nanometers. It is calculated by dividing a sample’s ultraviolet absorption at a wavelength of two hundred fifty-four nanometers (UV 254) [in reciprocal meters (M-1)] by its concentration of dissolved organic carbon (DOC) [in milligrams per liter (mg/l)].

(QQQQ) “System with a single service connection” means a public water system which supplies drinking water to consumers via a single service line.

(RRRR) “Third party” means a team of persons conducting a comprehensive performance evaluation who are not employees of the public water system owner and who are independent of the public water system.

(SSSS) “Total trihalomethanes” or “TTHM” means the sum of the concentrations in milligrams per liter of the trihalomethane compounds trichloromethane (chloroform), dibromochloromethane, bromodichloromethane and tribromomethane (bromoform), rounded to two significant figures after addition.

(TTTT) “Treatment technique” means a method for treating water to achieve acceptable levels of the contaminants in lieu of establishing a maximum contaminant level.

(UUUU) “Treatment technique requirement” means a requirement of the state primary drinking water rules which specifies for a contaminant a specific treatment technique or techniques known to the director which leads to a reduction in the level of such a contaminant sufficient to comply with the requirements of this chapter.

(VVVV) “Trihalomethane” or “THM” means one of the family of organic compounds, named as derivatives of methane, wherein three of the four hydrogen atoms in methane are each substituted by a halogen atom in the molecular structure.

(WWWW) “Total organic carbon” or “TOC” means total organic carbon in milligrams per liter (mg/l) measured using heat, oxygen, ultraviolet irradiation, chemical oxidants, or combinations of these oxidants that convert organic carbon to carbon dioxide, rounded to two significant figures.

“Two-stage lime softening” means a process in which chemical addition and hardness precipitation occur in each of two distinct unit clarification processes in series prior to filtration.

(YYYY) “Volatile organic chemicals” or “VOCs” are the chemicals identified in paragraph (D) of rule 3745-81-12 of the Administrative Code.

(ZZZZ) “Waterborne disease outbreak” means the significant occurrence of acute or chronic infectious illness, epidemiologically associated with the ingestion of water from a public water system.

(AAAAA) “Wholesale system” means a public water system that treats source water as necessary to produce finished water and then delivers some or all of that finished water to another public water system. Delivery may be through a direct connection or through the distribution system of one or more consecutive systems.

(BBBBB) “Virus” means a virus which is infectious to humans by waterborne transmission.

Effective: 07/24/2009

R.C. 119.032 review dates: 04/20/2009 and 07/24/2014

Promulgated Under: 119.03

Statutory Authority: 6109.04

Rule Amplifies: 6109.03, 6109.04

Prior Effective Dates: 12/27/78, 08/24/81, 05/22/89, 12/31/90, 09/13/93, 01/01/02, 08/03/04, 08/01/05

This chapter shall apply to each public water system, unless the public water system meets all of the following conditions:

(A) Consists only of distribution and storage facilities (and does not have any collection and treatment facilities);

(B) Obtains all of its water from, but is not owned or operated by, a public water system to which this chapter applies;

(C) Does not sell water to any person; and

(D) Is not a carrier which conveys passengers in interstate commerce.

HISTORY: Eff 12-27-78

Rule promulgated under: Promulgated under: Section 3, Am. Sub.S.B. 445 112th General Assembly

Rule amplifies: RC 6109.04

Before a person may enter into a financial commitment for or initiate construction of a new public water system or increase the capacity of an existing public water system, he shall notify the director and, to the extent practicable, avoid locating part or all of the new or expanded facility at a site which:

(A) Is subject to a significant risk from earthquakes, floods, fires or other disasters which could cause a breakdown of the public water system or a portion thereof; or

(B) Except for intake structures, is within the floodplain of a one-hundred-year flood or is lower than any recorded high tide where appropriate records exist.

HISTORY: Eff 12-27-78

Rule promulgated under: Promulgated under: Section 3, Am. Sub. S.B.445 112th General Assembly

Rule amplifies: RC 6109.04

Pursuant to section 6109.23 of the Revised Code, the director may assess and collect administrative penalties from any person who owns or operates a public water system and violates Chapter 6109. of the Revised Code or the administrative rules adopted thereunder. Administrative penalties for a public water system shall be calculated according to this rule in the following manner. Each violation of the public water system shall be assigned a value of one thousand dollars. This amount represents the threat to public health caused by the public water system’s failure to comply with the applicable regulations. This value is then multiplied by a number, expressed as a decimal, which represents the public water system’s size, in accordance with the following list in order to determine the penalty amount for each day of each violation:

System size (number of people served) Number

At least 15 service connections or 25 to 3,300 0.25

3,301 to 6,700 0.50

6,701 to 10,000 0.75

10,001 or more 1.00

HISTORY: Eff 10-1-99; 10-17-03

Rule promulgated under: RC 119.03

Rule authorized by: RC 6109.23

Rule amplifies: RC 6109.23

R.C. 119.032 review dates: 10/30/2008 and 10/30/2013

(A) This paragraph applies to community and nontransient noncommunity public water systems that treat their water with chlorine and/or chloramines. Surface water systems serving ten thousand or more persons shall comply with the total chlorine MRDL beginning January 1, 2002. Surface water systems serving fewer than ten thousand persons, and ground water systems shall comply with the total chlorine MRDL beginning January 1, 2004.

(B) This paragraph applies to public water systems that treat their water with chlorine dioxide. Surface water systems serving ten thousand or more persons shall comply with the chlorine dioxide MRDL beginning January 1, 2002. Surface water systems serving fewer than ten thousand persons, and ground water systems shall comply with the chlorine dioxide MRDL beginning January 1, 2004.

(C) Maximum residual disinfectant levels (MRDLS) are as follows:

Disinfectant residual       MRDL (MG/L)

Total chlorine 4.0 (AS CI

2)

Chlorine dioxide 0.8 (AS CIO

2)

(D) The director identifies the following as the best available technology for achieving compliance with the MRDLs identified in paragraph (C) of this rule: control of treatment processes to reduce disinfectant demand and control of disinfection treatment processes to reduce disinfectant levels.

Effective: 01/01/2002

R.C. 119.032 review dates: 10/04/2006 and 10/04/2011

Promulgated Under: 119.03

Statutory Authority: 6109.03, 6109.04

Rule Amplifies: 6109.04

Prior Effective Dates: None

(A) The following maximum contaminant levels (MCLs) for inorganic contaminants apply to all public water systems.

Contaminant — MCL in milligrams per liter

Nitrate (as nitrogen) 10

Nitrite (as nitrogen) 1

Total nitrate and nitrite (as nitrogen) 10

(B) The following MCLs for inorganic contaminants apply to all community and nontransient noncommunity public water systems.

Contaminant — MCL in milligrams per liter

Antimony 0.006

Arsenic 0.010a

Asbestos 7b

Barium 2

Beryllium 0.004

Cadmium 0.005

Chromium 0.1

Cyanide (as free cyanide) 0.2

Fluoride 4.0

Mercury 0.002

Selenium 0.05

Thallium 0.002

a. This MCL is effective January 1, 2006. Until then, the MCL for arsenic is 0.05 milligrams per liter.

b. In units of millions of fibers per liter, where only fibers longer than ten micrometers are counted.

(C) The following MCL for bromate applies to all community and nontransient noncommunity public water systems that treat their water with ozone.

Contaminant — MCL in milligrams per liter

Bromate 0.010

(D) The following MCL for chlorite applies to all community and nontransient noncommunity public water systems that treat their water with chlorine dioxide.

Contaminant — MCL in milligrams per liter

Chlorite 1.0

(E) The director may determine that a public water system shall apply best available technology in order to reduce the level of a contaminant to below its MCL. The director identifies the following as the best available technologies (BATs) for removal of the following inorganic contaminants from water.

Contaminant — BATs

Antimony 2, 7

Arsenica 1, 2, 5, 6, 7, 9, 12b

Asbestos 2, 3, 8

Barium 5, 6, 7, 9

Beryllium 1, 2, 5, 6, 7

Bromate 14

Cadmium 2, 5, 6, 7

Chlorite 15

Chromium 2, 5, 6c

Cyanide 5, 7, 13

Mercury 2d, 4, 6d, 7d

Nitrate 5, 7, 9

Nitrite 5, 7

Selenium 1, 2e, 6, 7, 9

Thallium 1, 5

a. BATs for arsenic (V). Pre-oxidation may be required to convert arsenic (III) to arsenic (V)

b. To obtain high removals the iron to arsenic ratio must be at least 20:1

c. BAT for chromium(III) only

d. BAT only for mercury concentrations of ten micrograms per liter or less

e. BAT for selenium(IV) only

Key to BATs in table:

1 = Activated alumina

2 = Coagulation/filtration

3 = Direct filtration

4 = Granular activated carbon

5 = Ion exchange

6 = Lime softening less than five hundred service connections unless treatment is already in place)

7 = Reverse osmosis

8 = Corrosion control

9 = Electrodialysis

10 = Chlorine

11 = Ultraviolet

12 = Oxidation/filtration

13 = Alkaline chlorination (pH &62; 8.5)

14 = Control of ozone treatment process to reduce production of bromate

15 = Control of treatment processes to reduce disinfectant demand and control of disinfectant treatment processes to reduce disinfectant levels

Effective: 08/01/2005

R.C. 119.032 review dates: 04/26/2005 and 08/01/2010

Promulgated Under: 119.03

Statutory Authority: RC Section 6109.03, 6109.04

Rule Amplifies: RC Section 6109.04

Prior Effective Dates: 12/27/78, 03/01/88, 09/13/93, 01/01/02

(A) Total trihalomethanes: the maximum contaminant level for total trihalomethanes of 0.10 milligram per liter applies to community public water systems that treat their water with any combination of chlorine, chloramines, chlorine dioxide and/or ozone. This level applies until January 1, 2002 to surface water systems which serve a population of ten thousand or more persons. This level applies until January 1, 2004 to ground water systems which serve a population of ten thousand or more persons. Compliance with the maximum contaminant level for total trihalomethanes is calculated according to paragraph (A) of rule 3745-81-24 of the Administrative Code.

(B) The following maximum contaminant levels for total trihalomethanes and haloacetic acids (five) apply to community public water systems and nontransient noncommunity public water systems that treat their water with any combination of chlorine, chloramines, chorine dioxide or ozone. These levels apply beginning January 1, 2002, to surface water systems which serve a population of ten thousand or more persons. These levels apply beginning January 1, 2004, to surface water systems serving fewer than ten thousand persons and ground water systems. Compliance with the maximum contaminant levels of total trihalomethanes and haloacetic acids (five) is calculated according to paragraph (D) of rule 3745-81-24 of the Administrative Code. The director identifies the following as the best available technology (BAT), for achieving compliance with the maximum contaminant levels for organic disinfection byproducts identified in this paragraph:

Contaminant MCL/mg/l BAT

Total trihalomethanes 0.080 Enhanced coagulation or enhanced softening or GAC10, with chlorine as the primary and residual disinfectant

Haloacetic acids (five) 0.060 Enhanced coagulation or enhanced softening or GAC10, with chlorine as the primary and residual disinfectant.

(C) A public water system that is installing GAC or membrane technology to comply with the MCLs for TTHM and HAA5 may apply to the director for an extension of up to twenty-four months past January 1, 2002, but not beyond December 31, 2003. In granting this extension, the director shall set a schedule for compliance and may specify any interim measures that the public water system must take. Failure to meet the schedule or interim treatment requirements constitutes a violation of Ohio primary drinking water rules.

(D) The following maximum contaminant levels (MCLs) apply to community public water systems and nontransient noncommunity public water systems. The associated best available technologies (BATs), designated as GAC for granular activated carbon and PTA for packed-tower aeration, identify the best technology, treatment techniques, or other means available for achieving compliance with the stated maximum contaminant levels. The director may determine that a public water system shall apply best available technology in order to reduce the level of a contaminant to below its maximum contaminant level.

Contaminant CAS number MCL milligrams per liter BAT

Vinyl chloride 75-01-4 0.002 PTA

Benzene 71-43-2 0.005 GAC PTA

Carbon tetrachloride 56-23-5 0.005 GAC PTA

p-Dichlorobenzene 106-46-7 0.075 GAC PTA

1,2-Dichloroethane 107-06-2 0.005 GAC PTA

1,1-Dichloroethylene 75-35-4 0.007 GAC PTA

Trichloroethylene 79-01-6 0.005 GAC PTA

1,1,1-Trichloroethane 71-55-6 0.2 GAC PTA

o-Dichlorobenzene 95-50-1 0.6 GAC PTA

cis-1,2-Dichloroethylene 156-59-2 0.07 GAC PTA

trans-1,2-Dichloroethylene 156-60-5 0.1 GAC PTA

1,2-Dichloropropane 78-87-5 0.005 GAC PTA

Dichloromethane 75-09-2 0.005 PTA

Ethylbenzene 100-41-4 0.7 GAC PTA

Monochlorobenzene 108-90-7 0.1 GAC PTA

Styrene 100-42-5 0.1 GAC PTA

Tetrachloroethylene 127-18-4 0.005 GAC PTA

Toluene 108-88-3 1 GAC PTA

1,2,4-Trichlorobenzene 120-82-1 0.07 GAC PTA

1,1,2-Trichloroethane 79-00-5 0.005 GAC PTA

Xylenes (total) 1330-20-7 10 GAC PTA

(E) The following maximum contaminant levels apply to community public water systems and nontransient noncommunity water systems. The associated best available technologies (BATs), designated as GAC for granular activated carbon, PTA for packed-tower aeration, and OX for oxidation with chlorine or ozone, identify the best technology, treatment technique, or other means available for achieving compliance with the stated maximum contaminant levels. The director may determine that a public water system shall apply best available technology in order to reduce the level of a contaminant to below its maximum contaminant level.

Contaminant CAS number MCL milligrams per liter BAT

Alachlor 15972-60-8 0.002 GAC

Atrazine 1912-24-9 0.003 GAC

Benzo[a]pyrene 50-32-8 0.0002 GAC

Carbofuran 1563-66-2 0.04 GAC

Chlordane 57-74-9 0.002 GAC

2,4-D 94-75-7 0.07 GAC

Dalapon 75-99-0 0.2 GAC

Dibromochloropropane (DBCP) 96-12-8 0.0002 GAC PTA

Di(2-ethylhexyl) adipate 103-23-1 0.4 GAC

Di(2-ethylhexyl) phthalate 117-81-7 0.006 GAC

Dinoseb 88-85-7 0.007 GAC

Diquat 85-00-7 0.02 GAC

Endothall 145-73-3 0.1 GAC

Endrin 72-20-8 0.002 GAC

Ethylene dibromide (EDB) 106-93-4 0.00005 GAC PTA

Glyphosate 1071-53-6 0.07 OX

Heptachlor 76-44-8 0.0004 GAC

Heptachlor epoxide 1024-57-3 0.0002 GAC

Hexachlorobenzene 118-74-1 0.001 GAC

Hexachlorocyclopentadiene 77-47-4 0.05 GAC PTA

Lindane 58-89-9 0.0002 GAC

Methoxychlor 72-43-5 0.04 GAC

Oxamyl (Vydate) 23135-22-0 0.2 GAC

Picloram 1918-02-1 0.5 GAC

Polychlorinated biphenyls (PCBs) 1336-36-3 0.0005 GAC

Pentachlorophenol 87-86-5 0.001 GAC

Simazine 122-34-9 0.004 GAC

2,3,7,8-TCDD (Dioxin) 1745-01-6 3×10-8 GAC

Toxaphene 8001-35-2 0.003 GAC

2,4,5-TP (Silvex) 93-72-1 0.05 GAC

Effective: 01/01/2002

R.C. 119.032 review dates: 10/04/2006 and 10/04/2011

Promulgated Under: 119.03

Statutory Authority: RC 6109.03, 6109.04

Rule Amplifies: RC 6109.04

Prior Effective Dates: 12/27/78, 8/24/81, 5/22/89, 9/13/93

(A) A public water system which monitors with at least forty samples per month is in compliance with the maximum contaminant level for total coliforms when no more than 5.0 per cent of the total number of samples during a month are total coliform-positive.

(B) A public water system which monitors with fewer than forty samples per month is in compliance with the maximum contaminant level for total coliforms when no more than one sample during a month is total coliform-positive.

(C) A public water system is in violation of the maximum contaminant level for total coliforms, and may pose an acute risk to human health, if any repeat sample collected in accordance with rule 3745-81-21 of the Administrative Code is

(1) Fecal coliform-positive, or

(2) Escherichia coli-positive (E. coli-positive), or

(3) Total coliform-positive following a fecal coliform-positive routine sample, or

(4) Total coliform-positive following an E. coli-positive routine sample.

(D) A public water system shall determine compliance with the maximum contaminant level for total coliforms as set forth in paragraphs (A), (B), and (C) of this rule for each period in which the public water system is required to monitor for total coliforms.

(E) A public water system which exceeds any maximum contaminant level for total coliforms set forth in paragraph (A), (B), and (C) of this rule shall:

(1) Report the violation to the director no later than the end of the next business day after the public water system learns of the violation, and

(2) Notify the public in accordance with rule 3745-81-32 of the Administrative Code, and

(3) Determine the source of contamination, and

(4) Eliminate the source of contamination.

(F) The director may determine that a public water system shall apply best available technology in order to reduce the level of a contaminant to below its maximum contaminant level. The best available technology for achieving compliance with the maximum contaminant level for total coliforms as set forth in this rule shall be:

(1) Protection of wells from contamination by coliforms by appropriate placement and construction in accordance with Chapter 3745-9 of the Administrative Code; and

(2) Maintenance of a disinfectant residual throughout the distribution system in accordance with rule 3745-81-72 of the Administrative Code and paragraph (C) of rule 3745-83-01 of the Administrative Code; and

(3) Proper maintenance of the distribution system including appropriate pipe replacement and repair procedures, main flushing programs, proper operation and maintenance of storage tanks and reservoirs, continual maintenance of positive water pressure in all parts of the distribution system, and backflow prevention as described in Chapter 3745-95 of the Administrative Code; and

(4) Filtration and disinfection by public water systems using surface water, in whole or in part, as required by rules 3745-81-71 to 3745-81-75 of the Administrative Code, or disinfection of ground water using strong oxidants such as chlorine, chlorine dioxide, or ozone; and

(5) Where appropriate, the development and implementation of a source water assessment and protection program approved by the director.

Effective: 01/01/2008

R.C. 119.032 review dates: 10/11/2007 and 01/01/2013

Promulgated Under: 119.03

Statutory Authority: 6109.04

Rule Amplifies: 6109.04

Prior Effective Dates: 12/27/78, 11/26/80, 3/1/88, 5/22/89, 12/31/90, 9/13/93, 4/1/99, 8/3/04

(A) Combined radium-226 and radium-228: the maximum contaminant level (MCL) for combined radium-226 and radium-228 is five picocuries per liter (pCi/L). The combined radium-226 and radium-228 value is determined by the addition of the results of the analysis for radium-226 and the analysis for radium-228.

(B) Gross alpha particle activity: the MCL for gross alpha particle activity (including radium-226 but excluding radon and uranium) is fifteen pCi/L. The gross alpha particle activity value may be adjusted by subtracting the result of the analysis for uranium. If the result for uranium is reported as a mass measurement in micrograms per liter (µg/L), the activity value in pCi/L shall be obtained by multiplying the result with a conversion factor of 0.67 pCi/µg.

(C) Beta particle and photon radioactivity:

(1) The MCL for beta particle and photon radioactivity from man-made radionuclides is an annual dose equivalent of four millirem/year (mrem/yr) to the total body or any internal organ. The annual dose equivalent is determined by converting the running annual average concentration for the radionuclide from pCi/L to mrem/yr (running annual average concentration divided by the dose equivalent for the radionuclide). If two or more radionuclides are present, the sum of their annual dose equivalent to the total body or to any organ shall not exceed four mrem/yr.

(2) The annual dose equivalent for radionuclides may be determined using the conversion table below. For radionuclides not listed, the concentration causing four mrem/yr total body or organ dose equivalents may be obtained from appendix I of the “Implementation Guidance for Radionuclides” dated March 2002 and designated EPA 816-F-00-002.

[Comment: The U.S. EPA documents entitled “Implementation Guidance for Radionuclides” and “Implementation Guidance for Radionuclides Appendices A – J” are available for download from Ohio EPA’s internet site at: http://www.epa.state.oh.us/ddagw/pubs.html. Copies of these documents may also be obtained by contacting the Ohio EPA, Division of Drinking and Ground Waters, Lazarus Government Center, 122 South Front Street, Columbus, OH, 43215-3425, phone number 614-644-2752.] Dose Equivalents Assumed to Produce a Total Body or Organ Dose of four mrem/yr

Radionuclide Critical organ pCi per liter

Tritium — — — — — — — — — — – total body — — — — — — — — — — — — 20,000

Strontium-89 — — — — — — — – bone marrow — — — — — — — — — — – 20

Strontium-90 — — — — — — — – bone marrow — — — — — — — — — — – 8

Iodine-131 — — — — — — — — – Thyroid — — — — — — — — — — — — — – 3

Cesium-134 — — — — — — — — Total body — — — — — — — — — — — – 80

(D) Uranium: the MCL for uranium is thirty µg/L (activity level of twenty pCi/L). If the result for uranium is reported as an activity measurement in pCi/L, the mass in µg/L shall be obtained by multiplying the result with a conversion factor of 1.49 µg/pCi.

(E) The director may determine that a public water system shall apply best available technology in order to reduce the level of a contaminant to below its MCL. The director hereby identifies the following technologies, treatment techniques, or other means as the best available technologies (BATs) for removal of the following radionuclide contaminants from water.

Contaminant BATs

Combined radium-226 and 1a, 2b, 3c, 4d, 5e, 6, 7f

radium-228

Gross alpha particle activity 2b

(excluding Radon and Uranium)

Beta particle and photon 1a, 2b

radioactivity

Uranium 1a, 2b, 3c, 8a, g, 9h

Key to BATs in table:

1 = Ion exchange

2 = Reverse Osmosis

3 = Lime softening

4 = Green sand filtration

5 = Co-precipitation with barium sulfate

6 = Electrodialysis/electrodialysis reversal

7 = Pre-formed hydrous manganese oxide filtration

8 = Activated alumina

9 = Enhanced coagulation/filtration

Limitations Footnotes:

a) The regeneration solution contains high concentrations of the contaminant ions. Disposal options should be carefully considered before choosing this technology.

b) Reject water disposal options and other reverse osmosis limitations should be carefully considered before choosing this technology.

c) This technology should not be used for public water systems serving a population of five hundred or less.

d) Removal efficiencies can vary depending on water quality.

e) This technology may be very limited in application to small systems. Since the process requires static mixing, detention basins, and filtration, it is most applicable to the systems with sufficiently high sulfate levels that already have a suitable filtration treatment train in place.

f) This technology is most applicable to small systems that already have filtration in place.

g) Competing anion concentrations may affect regeneration frequency. Handling of chemicals required during regeneration and pH adjustment may be too difficult for small systems without an adequately trained operator.

h) Assumes modification to a coagulation/filtration process already in place.

Replaces: 3745-81-15 and 3745-81-16

HISTORY: Eff 12-27-78; Rescinded and reenacted eff. 9-15-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 6109.04

Rule amplifies: RC 6109.04

R.C. 119.032 review dates: 08/03/2009 and 08/03/2014

Rescinded eff 9-15-04

(A) This rule establishes treatment techniques in lieu of maximum contaminant levels for specified contaminants.

(B) Treatment techniques for acrylamide and epichlorohydrin. Each public water system utilizing polymers containing acrylamide or epichlorohydrin shall certify annually in writing to the director (using third-party or manufacturer’s certification) that when polymers containing acrylamide or epichlorohydrin are used in the drinking water system, the combination (or product) of dose and monomer level does not exceed either of the levels specified as follows:

Acrylamide monomer level of 0.05 per cent in polymers added to water at 1 part per million (or equivalent), or

Epichlorohydrin monomer level of 0.01 per cent in polymers added to water at 20 parts per million (or equivalent).

Certifications can rely on manufacturers or third parties, as approved by the director.

HISTORY: Eff 9-13-93

Rule promulgated under: RC Chapter 119.

Rule amplifies: RC 6109.04

(A) Public water systems shall not use bottled water to achieve compliance with the requirements of this chapter. Upon approval of the director, bottled water may be used on a temporary basis to avoid an increased risk to health from contaminant levels exceeding the maximum contaminant level (MCL). The bottled water shall be of a quality acceptable to the director.

(B) Except as provided below, a public water system may not use point-of-use or point-of-entry treatment devices to achieve compliance with a MCL. A nontransient noncommunity public water system may use a point-of-use or point-of-entry treatment device to achieve compliance with the MCL for arsenic if the following conditions are met:

(1) Point-of-use and point-of-entry treatment devices shall be owned, controlled, and maintained by the public water system, or by a person under contract with the public water system, to ensure proper operation and maintenance and compliance with the arsenic maximum contaminant level.

(2) Before any new point-of-use or point-of-entry treatment devices are installed for compliance with the arsenic MCL, or any existing point-of-use or point-of-entry treatment devices are used for compliance with the arsenic MCL, the public water system shall obtain approval of detail plans in accordance with Chapter 3745-91 of the Administrative Code. Chemical and microbiological analyses for constituents that may affect the performance or maintenance of the proposed point-of-entry or point-of-use device must be performed on water entering the treatment device and reported in the detail plans. Results of samples collected more than twelve months prior to plan submittal may not be accepted. Detail plans shall include data from an acceptable demonstration study and a monitoring plan which ensures that the treatment devices provide health protection equivalent to that provided by central water treatment. “Equivalent” means that the water would meet all primary drinking water regulations and would be of acceptable quality similar to water distributed by a well operated central treatment plant. Detail plans shall describe how the system design shall ensure that water of increased corrosivity shall not be released to the drinking water distribution system. The monitoring plan shall include at least the following parts:

(a) Description of and schedule for the recording of physical measurements and observations such as total flow treated and mechanical condition of the treatment equipment.

(b) An explanation of how consumers will be educated as to which taps are suitable for ingestion.

(c) The location of treatment devices and sampling points, and the frequency of sample collection for arsenic analysis. At least one treatment device (or a minimum of twenty-five per cent of treatment devices) shall be sampled for arsenic each quarter unless otherwise approved by the director. Each treatment device shall be sampled at least once annually.

(d) A schedule to collect any additional data required by the director to demonstrate consistency of treatment performance of the point-of-use or point-of-entry treatment device.

(3) The public water system must apply effective technology under a plan approved by the director. The microbiological safety of the water must be maintained at all times

(4) The design and application of any point-of-entry or point-of-use treatment device shall consider the potential for increase in bacteria concentrations in water treated with activated carbon. It may be necessary to use frequent backwashing, post-contactor disinfection, and bacteria monitoring to ensure the microbiological safety of the water is not compromised.

(5) The public water system shall ensure that all buildings connected to the system have sufficient point-of-use or point-of-entry treatment devices that are properly installed, maintained, and monitored such that all consumers will be protected. Public water systems using point-of-use technology must install devices at every tap where common practice is to obtain water for ingestion.

(6) All point-of-use and point-of-entry treatment devices shall be equipped with mechanical warnings that automatically alert consumers of operational problems.

(7) The point-of-entry or point-of-use treatment device shall be certified by an accredited “American National Standards Institute” (ANSI) certification program for drinking water treatment units in accordance with one of the following “American National Standards Institute/National Sanitation Foundation” (ANSI/NSF) standards: standard 58 “Reverse Osmosis Drinking Water Treatment Systems 58-2004 (June 30, 2004)”; standard 62 “Drinking Water Distillation Systems 62-2004 (March 16, 2004)”; or standard 53 “Drinking Water Treatment Units-Health Effects 53-2004 (September 27, 2004)”.

(8) Maintenance of the treatment device shall occur according to manufacturers suggestions, or at an interval determined during a demonstration period, whichever time period is shorter.

(9) Upon failure of the point-of-entry or point-of-use treatment device, all repairs or replacements must be completed as soon as practical, but no later than fourteen days after the failure.

(10) The point-of-entry or point-of-use treatment device must be operational at all times to provide water that meets the arsenic standard at required taps.

(a) Under temporary circumstances during required maintenance of the point-of-entry or point-of-use treatment device or equipment failure, bottled water may be required to be provided as specified in paragraph (A) of this rule for a period not to exceed fourteen days.

(b) At any time a point-of-use or point-of-entry treatment device is not operating due to maintenance or failure of the device, a notice shall be posted at any tap served by that device. The notice shall inform consumers that the water from that tap is not suitable for ingestion due to elevated arsenic concentration and direct them to alternative taps or sources that are suitable for ingestion.

(11) Maintenance records of all treatment devices must be maintained for three years and available for review during a sanitary survey.

[Comment: This rule adopts the ANSI/NSF standards 53, 58, and 62 by reference. Copies may be obtained from “NSF International, 789 Dixboro Road, P.O. Box 130140, Ann Arbor, MI 48113-0140, (734) 769-8010”, www.nsf.org. These documents are available for review at the “Ohio EPA Lazarus Government Center, 122 South Front Street, Columbus, OH 43215-3425”.]

[Comment: This rule references the ANSI accreditation program for third party certification of drinking water units. A list of ANSI accredited third party product certification programs may be obtained from the “American National Standards Institute, 25 West 43rd Street, New York, NY 10036, (212) 642-4900” or www.ansi.org.]

Replaces: Former 3745-81-19

Effective: 08/01/2005

R.C. 119.032 review dates: 08/01/2010

Promulgated Under: 119.03

Statutory Authority: RC Section 6109.04

Rule Amplifies: RC Section 6109.04

(A) Public water systems shall collect total coliform routine samples at sites which are representative of water throughout the distribution system according to a written sample siting plan. Such plans are subject to review and revision by the director. Samples for determination of compliance with this chapter shall be analyzed in a laboratory holding valid certification to analyze drinking water for microbiological contaminants under Chapter 3745-89 of the Administrative Code. The samples shall be analyzed by one or more of the approved methods listed in rule 3745-81-27 of the Administrative Code.

(1)

(a) The minimum monitoring frequency for total coliforms for community water systems is based on the population served by the community water system, except as provided for in paragraphs (A)(1)(b) and (A)(4) of this rule, as follows:

Population served Minimum number of samples per month

Less than or equal to 1,000 1

1,001 to 2,500 2

2,501 to 3,300 3

3,301 to 4,100 4

4,101 to 4,900 5

4,901 to 5,800 6

5,801 to 6,700 7

6,701 to 7,600 8

7,601 to 8,500 9

8,501 to 12,900 10

12,901 to 17,200 15

17,201 to 21,500 20

21,501 to 25,000 25

25,001 to 33,000 30

33,001 to 41,000 40

41,001 to 50,000 50

50,001 to 59,000 60

59,001 to 70,000 70

70,001 to 83,000 80

83,001 to 96,000 90

96,001 to 130,000 100

130,001 to 220,000 120

220,001 to 320,000 150

320,001 to 450,000 180

450,001 to 600,000 210

600,001 to 780,000 240

780,001 to 970,000 270

970,001 to 1,230,000 300

1,230,001 to 1,520,000 330

1,520,001 to 1,850,000 360

1,850,001 to 2,270,000 390

2,270,001 to 3,020,000 420

3,020,001 to 3,960,000 450

3,960,001 or more 480

(b) A community water system using a surface water source, in whole or in part, serving fewer than three thousand three hundred one persons shall monitor at regular intervals for total coliforms no less than four times per month.

(2)

(a) A non-community water system using only ground water or purchased water and serving not more than one thousand persons shall monitor with at least one sample each calendar quarter that the non-community water system provides water to the public.

(b) A non-community water system using only ground water and serving more than one thousand persons during any month shall monitor at the same frequency as a community water system serving the same number of persons, as specified in paragraph (A)(1)(a) of this rule.

(c) A non-community water system using a surface water source, in whole or in part, and serving a population of greater than four thousand one hundred persons shall monitor at the same frequency as a community water system serving the same number of persons, as specified in paragraph (A)(1)(a) of this rule. A non-community water system using surface water, in whole or in part, serving a population of fewer than four thousand one hundred one persons shall monitor at least four times per month for any month the non-community water system serves water to the public.

(3) Public water systems shall monitor with samples taken at regular time intervals throughout the month in accordance with the system’s sample siting plan.

(4) Special purpose samples, such as those taken to determine whether disinfection practices are sufficient following pipe placement, replacement, or repair, shall not be used to determine compliance with the maximum contaminant level for total coliforms as set forth in rule 3745-81-14 of the Administrative Code. The special purpose samples shall be marked as such before analysis. Repeat samples taken pursuant to paragraph (B) of this rule are not considered special purpose samples, and shall be used to determine compliance with the maximum contaminant level for total coliforms as set forth in rule 3745-81-14 of the Administrative Code.

(5) Based on the results of a sanitary survey, the director may increase the frequency of total coliform monitoring. On the basis of subsequent sanitary surveys, the increased monitoring frequency may be reduced. Under no circumstances shall the required monitoring be less than that prescribed by this rule.

(B)

(1) When a routine sample is determined to be total coliform-positive, the public water system shall monitor with a set of four repeat samples within twenty-four hours of being notified of the positive result. Upon a request from a public water system, the director may extend the twenty-four-hour limit on a case-by-case basis when the public water system has a logistical problem collecting the repeat samples within twenty-four hours which is beyond the control of the public water system. When an extension is granted by the director, the director shall specify how much time the public water system has to monitor with repeat samples.

(2) The public water system shall monitor with at least one repeat sample from the sampling tap where the original total coliform-positive sample was taken, and at least one repeat sample at a tap within five service connections upstream and at least one repeat sample at a tap within five service connections downstream of the original sampling site. The fourth repeat sample shall be collected within five service connections upstream or downstream of the original sampling site. When a total coliform-positive sample was taken at an end of the distribution system or one service connection away from an end of the distribution system, the director may waive the requirement to monitor with at least one repeat sample upstream or downstream of the original sampling site.

(3) Public water systems shall collect all total coliform repeat samples on the same day.

(4) When one or more repeat sample(s) in the set is total coliform-positive, the public water system shall continue to monitor with an additional set(s) of repeat samples in the manner specified in paragraphs (B)(1) to (B)(3) of this rule until total coliforms are not detected in one complete set of repeat samples or the system determines that the maximum contaminant level for total coliforms in rule 3745-81-14 of the Administrative Code has been exceeded and notifies the director no later than the end of the next business day after the public water system learns of the violation.

(5) Failure to monitor and report required repeat samples is a monitoring and reporting violation, for which public notification shall be issued in accordance with rule 3745-81-32 of the Administrative Code.

(6) Public notification issued as a result of a violation in paragraph (C) of rule 3745-81-14 of the Administrative Code or paragraph (B)(5) of this rule, and which may cause an acute risk to human health, shall remain in effect until total coliforms are not detected in one complete set of repeat samples.

(7) When a public water system monitoring with fewer than five routine samples per month has one or more total coliform-positive samples, the public water system shall monitor with at least five routine samples during the next month that the public water system provides water to the public. The director shall not waive the requirement for a public water system to collect repeat samples in paragraphs (B)(1) to (B)(4) of this rule.

(8) After a public water system monitors with a routine sample and before the public water system learns the results of the analysis of that sample, when the public water system collects another routine sample(s) from within five adjacent service connections of the initial sample, and the initial sample, after analysis, is found to contain total coliforms, then the public water system may consider the subsequent sample(s) as a repeat sample(s) instead of as a routine sample(s).

(9) When a routine or repeat total coliform sample is analyzed by a membrane filter technique and produces a high background count (HBC) or confluent growth, the HBC or confluent growth culture shall be further analyzed for total coliforms in accordance with a method included in the membrane filter techniques referred to in paragraph (D) of rule 3745-81-27 of the Administrative Code. Gas production of any amount in the inner fermentation tube of brilliant green lactose bile broth indicates a positive coliform test. When an HBC or confluent growth culture is analyzed for total coliforms and none are found, the sample shall be considered invalid and the public water system shall monitor with a replacement sample within twenty-four hours of being notified of the invalid sample. Upon a request from a public water system, the director may extend the twenty-four-hour limit on a case-by-case basis when the public water system has a logistical problem collecting the repeat samples within twenty-four hours which is beyond the control of the public water system. When an extension is granted by the director, the director shall specify how much time the public water system has to monitor with repeat samples.

(C) If any routine or repeat sample is total coliform-positive, that total coliform-positive culture shall be further analyzed to determine if fecal coliforms are present, except that the culture may be tested for Escherichia coli) in lieu of fecal coliforms. If fecal coliforms or E. coli are present, the system shall notify the director by the end of the day when the system is notified of the test result, unless the system is notified of the result after the director’s office is closed, in which case the system shall notify the director before the end of the next business day. All repeat sample results shall be submitted no later than the end of the next business day following analysis.

(D) Failure to comply with a coliform monitoring requirement, as set forth in this rule, is a monitoring violation. A public water system which has failed to comply with a coliform monitoring requirement, as set forth in this rule, shall report the monitoring violation to the director within ten days after the public water system discovers the violation, and notify the public in accordance with rule 3745-81-32 of the Administrative Code.

Effective: 01/01/2008

R.C. 119.032 review dates: 10/11/2007 and 01/01/2013

Promulgated Under: 119.03

Statutory Authority: 6109.04

Rule Amplifies: 6109.04, 6109.12

Prior Effective Dates: 12/27/78, 12/31/90, 9/13/93, 4/1/99

All public water systems shall monitor as described in paragraphs (B) and (C) of this rule to determine compliance with the maximum contaminant levels (MCLs) for nitrate and nitrite. In addition, all community water systems and all nontransient noncommunity water systems shall monitor as described in paragraphs (D) and (E) of this rule for the inorganic contaminants with MCLs listed in paragraph (B) of rule 3745-81-11 of the Administrative Code. Public water systems shall monitor inorganic chemicals according to a schedule provided by the director.

(A) Monitoring for inorganic chemicals with MCLs shall be conducted as follows.

(1) Groundwater systems and surface water systems shall monitor with a minimum of one sample at each sampling point. After the initial set of samples, the system shall take each repeat sample at the same sampling point as used before unless conditions make another sampling point more representative of a source or treatment plant.

(2) If a public water system draws water from more than one source and the sources are combined before distribution, the system shall monitor at each sampling point during periods of normal operating conditions and shall keep a record of and report the sources providing water for each sample. When a sample does not contain water from all the sources which serve the sampling point, a schedule prepared by the public water system shall be followed so that the next monitoring sample at this sampling point for the same inorganic chemical(s) will include water from sources not included in the previous sample or samples. Thus, successive samples from the same sampling point for the same inorganic chemical(s) shall sample water supplied from different sources until all of the sources supplying that sampling point have been monitored. Note that when inorganic chemicals have different monitoring periods, they require separate monitoring schedules.

(3) The frequency of monitoring for nitrate shall be according to paragraph (B) of this rule; the frequency of monitoring for nitrite shall be conducted according to paragraph (C) of this rule; the frequency of monitoring for asbestos shall be conducted according to paragraph (D) of this rule; and the frequency of monitoring for antimony, arsenic, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium, and thallium shall be according to paragraph (E) of this rule. The frequency of monitoring for bromate shall be conducted according to paragraph (L) of this rule. The frequency of monitoring for chlorite shall be conducted according to paragraph (M) of this rule.

(B) All public water systems shall monitor to determine compliance with the MCL for nitrate in rule 3745-81-11 of the Administrative Code.

(1) All public water systems which are groundwater systems shall monitor for nitrate annually.

(2) All public water systems which are surface water systems shall monitor for nitrate monthly.

(3) The repeat monitoring frequency for nitrate for public groundwater systems shall be quarterly for at least one year following any one sample in which the concentration is at least fifty per cent of the MCL. The director may reduce the monitoring frequency of a groundwater system to annually after four consecutive quarterly samples are less than eighty per cent of the MCL. If a groundwater system consistently operates less than four quarters per year, then the director may reduce the monitoring frequency to annually after samples collected during each of the system’s operating quarters are less than eighty per cent of the MCL.

(4) After the initial round of quarterly repeat monitoring for nitrate is completed, each groundwater system which is monitoring annually shall take subsequent samples during the quarter(s) which previously resulted in the highest analytical result.

(C) All public water systems shall monitor to determine compliance with the maximum contaminant level for nitrite in rule 3745-81-11 of the Administrative Code.

(1) All public water systems shall monitor initially for nitrite with one sample at each sampling point.

(2) After the initial sample, public water systems where an analytical result for nitrite is less than fifty per cent of the MCL shall monitor at the frequency specified by the director.

(3) The repeat monitoring frequency for nitrite for public water systems shall be quarterly for at least one year following any one sample in which the concentration is at least fifty per cent of the MCL. The director may reduce the monitoring frequency to annually after a determination that the nitrite concentration for a public water system is less than eighty per cent of the MCL. If a groundwater system consistently operates less than four quarters per year, then the director may reduce the monitoring frequency to annually after samples collected during each of the public water system’s operating quarters are less than eighty per cent of the MCL.

(4) After the initial round of quarterly repeat monitoring for nitrite is completed, each public water system which is monitoring annually shall take each subsequent sample during the quarter(s) which previously resulted in the highest analytical result.

(D) The frequency of monitoring conducted by community water systems and nontransient noncommunity water systems to determine compliance with the MCL for asbestos specified in rule 3745-81-11 of the Administrative Code shall be as follows:

(1) Each community and nontransient noncommunity water system shall monitor for asbestos during the first three-year compliance period for each nine-year compliance cycle, except when a waiver is granted.

(2) A public water system vulnerable to asbestos contamination due solely to corrosion of asbestos-cement pipe shall take one sample at a tap served by asbestos-cement pipe and under conditions where asbestos contamination is most likely to occur.

(3) A public water system vulnerable to asbestos contamination due solely to source water shall monitor in accordance with the provision of paragraph (A) of this rule.

(4) A public water system vulnerable to asbestos contamination due both to its source water supply and corrosion of asbestos-cement pipe shall take one sample at a tap served by asbestos-cement pipe and under conditions where asbestos contamination is most likely to occur.

(5) A public water system which exceeds eighty per cent of the MCL for asbestos as determined in paragraph (H) of this rule shall monitor quarterly beginning in the next quarter after the violation occurred.

(6) The director may decrease the quarterly monitoring requirement for asbestos to the frequency specified in paragraph (D)(1) of this rule provided the director has determined that the asbestos concentration for a public water system does not exceed eighty per cent of the MCL. In no case can the director make this determination unless a groundwater system takes a minimum of two quarterly samples or a surface water system takes a minimum of four quarterly samples.

(E) The frequency of monitoring conducted by community water systems and nontransient noncommunity water systems for antimony, arsenic, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium, and thallium to determine compliance with the MCLs in rule 3745-81-11 of the Administrative Code shall be as follows:

(1) Ground water systems shall take and analyze one sample at each sampling point during each compliance period. Surface water systems shall take and analyze one sample annually at each sampling point.

(2) Monitoring to determine initial compliance with the arsenic MCL of 0.010 mg/L, effective January 1, 2006, shall be as follows:

(a) Community and nontransient noncommunity public water systems scheduled by the director to monitor for arsenic in 2005 which detect arsenic shall collect an additional sample for arsenic analysis after December 31, 2005 as scheduled by the director, and in no case later than December 31, 2007 for groundwater systems, or December 31, 2006 for surface water systems, in order to demonstrate compliance with the MCL for arsenic. Community and nontransient noncommunity public water systems scheduled by the director to monitor for arsenic in 2005 which detect arsenic above 0.008 mg/L shall collect a sample for arsenic analysis quarterly in 2006.

(b) Arsenic sampling results shall be reported to the nearest 0.001 mg/L.

(3) The director may grant a waiver from the monitoring frequencies specified in paragraph (E)(1) of this rule for all of the contaminants listed in paragraph (E) of this rule except fluoride; no waivers shall be granted for fluoride. Waivers for cyanide monitoring may be granted only when the director determines that the public water system is not vulnerable due to any industrial source of cyanide.

(4) Waivers granted under this rule require that the public water system shall monitor with at least one sample while the waiver is in effect. The term during which a waiver is in effect shall not exceed one compliance cycle (i.e., nine years).

(5) Waivers may be granted under this rule only to surface water systems which have monitored annually for at least three years and to groundwater systems which have conducted at least three rounds of monitoring, with at least one monitoring using samples taken after January 1, 1990. Both surface and groundwater systems shall demonstrate that all previous analytical results were less than the MCLs. New public water systems that use a new water source are not eligible for a waiver until three rounds of monitoring of water from the new source have been completed.

(6) In determining the appropriate reduced monitoring frequency, the director shall consider:

(a) Reported concentrations from all previous monitoring;

(b) The degree of variation in reported concentrations; and

(c) Other factors which may affect contaminant concentrations such as changes in groundwater pumping rates, changes in the system’s configuration, changes in the system’s operating procedures, or changes in stream flows or characteristics.

(7) A decision by the director to grant a waiver shall be made in writing and shall set forth the basis for the determination. The director shall review and, where appropriate, revise his determination of the appropriate monitoring frequency when the system submits new monitoring data or when other data relevant to the system’s appropriate monitoring frequency become available.

(8) A public water system, which exceeds eighty per cent of a MCL as calculated in paragraph (H) of this rule, shall monitor quarterly for that contaminant beginning in the next quarter after the result was reported.

(9) A public water system that uses a new source of water after January 1, 2004, or a public water system that begins operation after January 1, 2004, shall monitor initially for each contaminant listed in paragraph (E) of this rule in the first quarter of the next calendar year after operation of the new source or public water system begins. New public water systems shall sample at each sampling point. Existing public water systems with a new source of water shall sample at the sampling point related to the new source.

(10) If, during the initial sampling required in paragraph (E)(9) of this rule, the analytical result for any inorganic contaminant does not exceed eighty per cent of the MCL in rule 3745-81-11 of the Administrative Code, then the public water system shall monitor for that inorganic contaminant according to the frequency specified in paragraph (E)(1) of this rule, or at a frequency determined by the director.

(11) If, during the initial sampling required in paragraph (E)(9) of this rule, any contaminant is reported as a concentration above eighty per cent of the MCLs listed in rule 3745-81-11 of the Administrative Code, at any sampling point, the public water system shall monitor quarterly for that contaminant at that sampling point beginning in the next quarter after the result is reported.

(12) The director may decease the quarterly monitoring requirement for one or more inorganic contaminants to the frequency specified in paragraph (E)(1) of this rule, or to a frequency determined by the director, provided the director has determined that the system does not exceed eighty per cent of the MCL. In no case may the director make this determination unless a groundwater system takes minimum of two quarterly samples and a surface water system takes a minimum of four quarterly samples. The director may also require additional data demonstrating consistency of treatment performance.

(13) Monitoring for arsenic at nontransient noncommunity public water systems which have installed approved point-of-use or point-of-entry treatment devices for arsenic removal in accordance with rule 3745-81-19 of the Administrative Code shall be conducted at sampling point(s) specified in a monitoring plan approval by the director and in accordance with a schedule provided by the director.

(F) Confirmation samples:

(1) Where nitrate or nitrite monitoring indicates an exceedance of the MCL, the director may require the public water system to monitor with a confirmation sample within twenty-four hours of the public water system’s receipt of notification of the analytical results of the first sample. Public water systems unable to comply with the twenty-four hour sampling requirement shall immediately notify the consumers in the area served by the public water system in accordance with rule 3745-81-32 of the Administrative Code. Public water systems giving immediate notification shall monitor with a confirmation sample within two weeks of notification of the analytical results of the first sample.

(2) Where the results of monitoring for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, selenium, or thallium indicate an exceedance of a MCL, the director may require that a confirmation sample be collected at the same sampling point as soon as possible (but not to exceed two weeks) after notification of the initial monitoring result.

(3) With confirmation samples required under paragraphs (F)(1) and (F)(2) of this rule, the results of analysis of the initial and confirmation samples shall be averaged. The resulting average shall be used to determine the water system’s compliance in accordance with paragraph (H) of this rule.

(4) If a public water system fails to collect the number of samples required in paragraph (F) of this rule, compliance (average concentration) will be based on the total number of samples collected.

(G) The director may require more frequent monitoring than specified in paragraphs (B), (C), (D), and (E) of this rule or may require confirmation samples for positive and negative results at his discretion. The director has discretion to delete results of obvious sampling or analytical errors.

(H) Compliance with rule 3745-81-11 of the Administrative Code shall be determined based on the analytical result(s) obtained at each sampling point.

(1) Compliance with the MCLs for nitrate and nitrite is determined based on one sample if the levels of these contaminants are below the MCLs. If the levels of nitrate and/or nitrite exceed the MCLs in the initial sample, and a confirmation sample is required in accordance with paragraph (F)(1) of this rule, compliance shall be determined based on the average of the initial and confirmation samples. Failure to take a confirmation sample will result in a MCL violation based on the level of the initial sample.

(2) For public water systems which are conducting monitoring at a frequency greater than annual, compliance with the maximum contaminant levels for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, selenium, and thallium is determined by a running annual average at each sampling point. The public water system will not be considered in violation of the MCL until it has completed one year of quarterly sampling. If, however, any one sample result would cause the running annual average to exceed the MCL, then the public water system is out of compliance immediately. If one sampling point is in violation of the MCL, the system is in violation of the MCL. If a public water system fails to collect the required number of samples, compliance with the MCL (average concentration) will be based on the total number of samples collected. Any sample result below the following method detection limit (MDL) shall be calculated as zero for the purpose of determining the running annual average.

Method Detection Limits for Inorganic Contaminants

For Table – To obtain the appendix, table, image, etc. please call LSC’s ERF Helpdesk at 614-387-2078 or send an email to erfhelpdesk@lsc.state.oh.us.

(a) For public water systems which are monitoring annually, or less frequently, for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, selenium, or thallium, when the average of a sample collected pursuant to paragraph (E) of this rule and a confirmation sample exceeds eighty per cent of the MCL, the public water system shall begin quarterly sampling at that sampling point. If a confirmation sample was not collected the public water system shall begin quarterly monitoring based on the level of the initial sample.

(b) If a public water system is monitoring annually, or less frequently, for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, selenium, or thallium because of a reduction from quarterly monitoring granted by the director pursuant to paragraph (E)(12) of this rule, the public water system is not required to return to quarterly monitoring unless the sample result exceeds the MCL.

(I) Each public water system shall monitor at the time designated by the director during each compliance period.

(J) Sample collection for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, nitrate, nitrite, selenium, and thallium under this rule shall be conducted using the sample preservation, container, and maximum holding time procedures specified in the following table:

For Table – To obtain the appendix, table, image, etc. please call LSC’s ERF Helpdesk at 614-387-2078 or send an email to erfhelpdesk@lsc.state.oh.us.

(K) Analyses conducted to determine compliance with rule 3745-81-11 of the Administrative Code shall be performed in accordance with methods listed in paragraph (A) of rule 3745-81-27 of the Administrative Code and shall be performed in laboratories approved in accordance with Chapter 3745-89 of the Administrative Code.

(L) All community and nontransient noncommunity public water systems that treat their water with ozone shall monitor to determine compliance with the maximum contaminant level for bromate in rule 3745-81-11 of the Administrative Code.

(1) Surface water public water systems serving ten thousand or more persons shall comply with paragraph (L) of this rule beginning January 1, 2002. Surface water public water systems serving less than ten thousand persons and ground water systems shall comply with paragraph (L) of this rule beginning January 1, 2004.

(2) Each public water system required to monitor for bromate shall develop and implement a monitoring plan. This plan shall be maintained and made available for inspection by the director and the general public no later than thirty days following the applicable compliance dates in paragraph (L)(1) of this rule. All public water systems using surface water as a source and serving more than three thousand three hundred people shall submit a copy of the monitoring plan to the director no later than the date of the first report required under rule 3745-81-75 of the Administrative Code. The director may also require any other public water system to submit such a plan. After review, the director may require changes in any plan elements. The public water system shall modify the plan as required by the director. The plan shall include at least the specific locations and schedules for collecting samples for bromate, and how the public water system will calculate compliance with the MCL for bromate. If a public water system is approved for monitoring as a consecutive system, or provides water to a consecutive system, under the provisions of rule 3745-81-29 of the Administrative Code, its sampling plan must reflect the entire distribution system. Failure to monitor according to the monitoring plan is a monitoring violation.

(3) Public water systems shall take all bromate samples during normal operating conditions.

(4) Routine monitoring for bromate shall be one sample per month for each treatment plant in the system using ozone. The sample shall be taken at the entrance to the distribution system while the ozonation system is operating under normal conditions.

(5) Public water systems may use data collected under the provisions of this rule to qualify for reduced monitoring. Public water systems may use another data set to qualify for reduced monitoring, provided it has been approved by the director.

(6) Reduced monitoring: public water systems required to analyze for bromate may reduce monitoring from monthly to once per quarter, if the system demonstrates that the average source water bromide concentration is less than 0.05 mg/l, based upon representative monthly bromide measurements for one year. The public water system must continue bromide monitoring to remain on reduced bromate monitoring. The public water system may remain on reduced bromate monitoring until the running annual average source water bromide concentration, computed quarterly, is equal to or greater than 0.05 mg/l based upon representative monthly measurements. If the running annual average source water bromide concentration is equal to or greater than 0.05 mg/l, the public water system shall resume routine monitoring required by paragraph (L)(4) of this rule.

(7) Compliance with the MCL for bromate shall be based on a running annual arithmetic average, computed quarterly, of monthly samples. For months in which the public water system takes more than one sample, the average of all samples taken during the month shall be used to compute the monthly average. These samples shall be collected as prescribed by paragraphs (L)(4) and (L)(6) of this rule.

(8) If the average of samples covering any consecutive four-quarter period exceeds the MCL, the public water system is in violation of the MCL and must notify the public according to rule 3745-81-32 of the Administrative Code. Public notification is in addition to reporting to the director according to rule 3745-81-75 of the Administrative Code.

(9) All samples taken and analyzed under the provisions of paragraphs (L)(4) and (L)(6) of this rule shall be included in determining compliance, even if that number is greater than the minimum required.

(10) If, during the first year of monitoring under paragraph (L)(4) or (L)(6) of this rule, any individual quarter’s average will cause the running annual average of that system to exceed the MCL, the public water system is in violation at the end of that quarter.

(11) Failure to complete the required monitoring is a monitoring violation. The public water system will be in violation for the entire period covered by the running annual average. If a public water system fails to complete twelve consecutive months of monitoring, compliance with the MCL for the last four-quarter compliance period shall be based on an average of the available data.

(M) All community and nontransient noncommunity public water systems that treat their water with chlorine dioxide shall monitor to determine compliance with the maximum contaminant level for chlorite in rule 3745-81-11 of the Administrative Code.

(1) Surface water public water systems serving ten thousand or more persons shall comply with paragraph (M) of this rule beginning January 1, 2002. Surface water public water systems serving less than ten thousand persons and ground water systems shall comply with paragraph (M) of this rule beginning January 1, 2004.

(2) Each public water system required to monitor for chlorite shall develop and implement a monitoring plan. This plan shall be maintained and made available for inspection by the director and the general public no later than thirty days following the applicable compliance dates in paragraph (M)(1) of this rule. All public water systems using surface water as a source and serving more than three thousand three hundred people shall submit a copy of the monitoring plan to the director no later than the date of the first report required under rule 3745-81-75 of the Administrative Code. The director may also require any other public water system to submit such a plan. After review, the director may require changes in any plan elements. The public water system shall modify the plan as required by the director. The plan shall include at least the specific locations and schedules for collecting samples for chlorite, and how the public water system will calculate compliance with the MCL for chlorite. If a public water system is approved for monitoring as a consecutive system, or provides water to a consecutive system, under the provisions of rule 3745-81-29 of the Administrative Code, their sampling plan must reflect the entire distribution system. Failure to monitor according to the monitoring plan is a monitoring violation.

(3) Public water systems shall take all chlorite samples during normal operating conditions.

(4) Routine daily monitoring: public water systems shall take daily chlorite samples at the entrance to the distribution system. For any daily sample that exceeds the chlorite MCL, the system shall take additional samples in the distribution system the following day at the locations required by paragraph (M)(6) of this rule, in addition to the sample required at the entrance to the distribution system.

(5) Routine monthly monitoring: public water systems shall take a three-sample set each month in the distribution system. The system shall take one sample for chlorite at each of the following locations: near the first customer, at a location representative of average residence time, and at a location reflecting maximum residence time of the water in the distribution system. Any additional distribution system sampling shall be conducted in the same manner (as three-sample sets, at the specified locations). The system may use the results of additional monitoring conducted under paragraph (M)(6) of this rule to meet the requirement for monitoring in this paragraph.

(6) Additional monitoring: on each day following a daily sample monitoring result that exceeds the chlorite MCL at the entrance to the distribution system, the public water system is required to take three samples for chlorite in the distribution system. Samples shall be taken at the following locations: near the first customer, at a location representative of average residence time, and at a location reflecting maximum residence time in the distribution system.

(7) Chlorite monitoring at the entrance to the distribution system required by paragraph (M)(4) of this rule may not be reduced.

(8) Public water systems may use data collected under the provisions of this rule to qualify for reduced chlorite monitoring in the distribution system. Public water systems may use another data set to qualify for reduced distribution system monitoring, provided it has been approved by the director.

(9) Chlorite monitoring in the distribution system required by paragraph (M)(5) of this rule may be reduced to one three-sample set per quarter after one year of monitoring where no individual chlorite sample taken in the distribution system under paragraph (M)(5) of this rule has exceeded the chlorite MCL and the system has not been required to conduct monitoring under paragraph (M)(6) of this rule.

(10) The public water system may remain on the reduced monitoring schedule until either any of the three individual chlorite samples taken quarterly in the distribution system under paragraph (M)(5) exceeds the chlorite MCL or the system is required to conduct monitoring under paragraph (M)(6) of this rule, at which time the system must revert to routine monitoring.

(11) Compliance with the MCL for chlorite shall be based on an arithmetic average of each three-sample set taken in the distribution system as prescribed by paragraphs (M)(5) and (M)(6) of this rule. All samples taken and analyzed under the provisions of paragraphs (M)(5) and (M)(6) of this rule shall be included in determining compliance, even if that number is greater than the minimum required. If the arithmetic average of any three-sample set exceeds the MCL, the system is in violation of the MCL and must notify the public according to rule 3745-81-32 of the Administrative Code, in addition to reporting to the director according to rule 3745-81-75 of the Administrative Code.

Effective: 08/01/2005

R.C. 119.032 review dates: 04/26/2005 and 08/01/2010

Promulgated Under: 119.03

Statutory Authority: RC Section 6109.04

Rule Amplifies: RC Section 6109.04

Prior Effective Dates: 12/27/78, 03/29/88, 05/22/89, 09/13/93, 04/01/96, 01/01/02, 01/01/03

Monitoring requirements for organic chemical contaminants of drinking water are stated in this rule. Analytical procedures which are acceptable for monitoring for organic contaminants in drinking water are listed in rule 3745-81-27 of the Administrative Code. Community public water systems and nontransient noncommunity public water systems shall monitor for organic chemicals according to a schedule provided by the director.

(A) Monitoring for volatile organic chemicals with maximum contaminant levels (MCLs) listed in paragraph (D) of rule 3745-81-12 of the Administrative Code shall be conducted by community public water systems and nontransient noncommunity public water systems as follows:

(1) Groundwater systems shall monitor with a minimum of one sample at each respective sampling point during each compliance period. Surface water systems shall monitor with a minimum of one sample annually at each sampling point. After the first set of samples, each repeat sample shall be taken at the same sampling point as used before unless conditions make another sampling point more representative of a source, treatment plant, or part of the distribution system.

(2) If a public water system draws water from more than one source and the sources are combined before distribution, the public water system shall monitor at each sampling point during periods of normal operating conditions and shall keep a record of and report the sources providing water for each sample. When a sample does not contain water from all the sources which serve the sampling point, the public water system shall prepare and follow a schedule such that the next monitoring sample at this sampling point for the same volatile organic chemicals will include water from sources not included in the previous sample or samples. Thus, successive samples from the same sampling point for the same volatile organic chemicals shall sample water supplied from different sources until all the sources supplying that sampling point have been monitored.

(3) Each new community and new nontransient noncommunity public water system and public water systems that use a new source of water shall monitor initially with four consecutive quarterly samples for each contaminant listed in paragraph (D) of rule 3745-81-12 of the Administrative Code beginning in the first quarter of the next calendar year after operation of the new source or system. New public water systems shall sample at each sampling point; systems with a new source of water shall sample at the sampling point related to the new source.

(4) If the initial monitoring for the contaminants listed in paragraph (D) of rule 3745-81-12 of the Administrative Code has been completed and the public water system did not detect any contaminant listed in paragraph (D) of rule 3745-81-12 of the Administrative Code, then the public water system shall monitor with one sample annually. For any contaminant detected during the initial monitoring, the public water system shall continue quarterly monitoring until eligible for a reduction under paragraph (A)(6)(b) of this rule.

(5) The director may, after a minimum of three years of annual monitoring with no detection of any contaminant listed in paragraph (D) of rule 3745-81-12 of the Administrative Code, reduce monitoring by a groundwater system to one sample during each compliance period.

(6) If a contaminant listed in paragraph (D) of rule 3745-81-12 of the Administrative Code is detected at a level exceeding 0.0005 milligram per liter in any sample, then:

(a) The public water system shall monitor quarterly at each sampling point which resulted in a detection. If a public water system is monitoring annually or less frequently for a previously detected contaminant, then the public water system does not have to return to quarterly monitoring for that contaminant unless the sample result exceeds eighty per cent of the MCL.

(b) The director may decrease the quarterly monitoring requirement specified in paragraph (A)(6)(a) of this rule to annual monitoring provided the director has determined that the public water system does not exceed eighty per cent of the MCL for that contaminant. In no case shall the director make this determination unless a groundwater system has monitored with a minimum of two consecutive quarterly samples and a surface water system has monitored with a minimum of four consecutive quarterly samples.

(c) Public water systems which monitor annually for a previously detected contaminant shall monitor during the quarter(s) which previously yielded the highest analytical result.

(7) The director may require a confirmation sample for positive or negative results. If a confirmation sample is required by the director, the result shall be averaged with the first sampling result and the average used for the compliance determination as specified by paragraph (A)(8) of this rule.

(8) Compliance with paragraph (D) of rule 3745-81-12 of the Administrative Code shall be determined based on the analytical results obtained at each sampling point.

(a) For public water systems which are conducting monitoring at a frequency greater than annually, compliance is determined by a running annual average of all samples taken at each sampling point. If the running annual average of any sampling point is greater than the MCL, then the public water system is out of compliance. The system will not be considered in violation of the MCL until it has completed one year of quarterly sampling. If, however, the initial sample or a subsequent sample would cause the running annual average exceed the MCL, then the public water system is out of compliance immediately. Any samples below the detection limit shall be counted as zero for purposes of determining the running annual average.

(b) For public water systems monitoring annually or less frequently, when the average of a result and a required confirmation sample exceeds eighty per cent of the MCL, the public water system shall begin quarterly monitoring at that sample point. If a confirmation sample was not collected, the public water system shall begin quarterly monitoring if the level of the initial sample exceeds eighty per cent of the MCL. Compliance with a MCL will be determined by a running annual average as stated in paragraph (A)(8)(a) of this rule. If one sampling point is in violation of the MCL, the system is in violation of the MCL.

(c) If a public water system fails to collect the required number of samples, compliance will be based on the total number of samples collected.

(9) Analysis for the contaminants listed in paragraph (D) of rule 3745-81-12 of the Administrative Code shall be conducted using the methods in rule 3745-81-27 of the Administrative Code.

(10) Analysis under this rule shall only be conducted by laboratories that are approved under chapter 3745-89 of the Administrative Code.

(11) The director has discretion to delete results of obvious sampling or analytical errors.

(12) The director may increase required monitoring where necessary to detect variations within the public water system.

(13) Each approved laboratory shall determine the method detection limit (MDL), as defined in the appendix to rule 3745-89-03 of the Administrative Code, at which it is capable of detecting volatile organic chemicals. The acceptable MDL is 0.0005 milligram per liter. This concentration is the detection concentration for purposes of this rule.

(B) Monitoring of the organic chemical contaminants with maximum contaminant levels listed in paragraph (E) of rule 3745-81-12 of the Administrative Code shall be conducted by community public water systems and nontransient noncommunity public water systems as described below.

(1) Groundwater systems and surface water systems shall monitor with a minimum of one sample at each sampling point each time monitoring is required in paragraph (B) of this rule. After the initial set of samples, each sample shall be taken at the same sampling point as used before unless conditions make another sampling point more representative of a source or treatment plant.

(2) If the public water system draws water from more than one source and the sources are combined before distribution, the public water system shall monitor at each sampling point during periods of normal operating conditions and shall keep a record of and report the sources providing water for each sample. When a sample does not contain water from all the sources which serve the sampling point, a schedule prepared by the public water system shall be followed so that the next monitoring sample at this sampling point for the same organic chemical(s) will include water from sources not included in the previous sample or samples. Thus, successive samples from the same sampling point for the same organic chemical(s) shall sample water supplied from different sources until all the sources supplying that sampling point have been monitored.

(3) Monitoring frequency:

(a) Each community public water system and nontransient noncommunity public water system shall monitor with four consecutive quarterly samples at each sampling point for each organic chemical contaminant listed in paragraph (E) of rule 3745-81-12 of the Administrative Code during each compliance period.

(b) Public water systems serving more than three thousand three hundred persons which do not detect a contaminant listed in paragraph (E) of rule 3745-81-12 of the Administrative Code in their first compliance period may reduce the sampling frequency to a minimum of two quarterly samples in one year during each following compliance period.

(c) Public water systems serving fewer than three thousand three hundred one persons which do not detect a contaminant listed in paragraph (E) of rule 3745-81-12 of the Administrative Code in their first compliance period may reduce the sampling frequency to a minimum of one sample during each following compliance period.

(d) Public water systems that use a new source of water and new public water systems shall begin initial quarterly monitoring for each contaminant listed in paragraph (E) of rule 3745-81-12 of the Administrative Code in a quarter designated by the director during the next calendar year after operation of the new source or system begins. New public water systems shall sample at each sampling point. Public water systems with a new source of water shall sample at the sampling point related to the new source.

(4) The director may grant a waiver from one or more requirements of paragraphs (B)(3)(a) to (B)(3)(c) of this rule. Each waiver is valid for only one compliance period.

(5) The director may grant a waiver after evaluating the previous use (including transport, storage, or disposal) of a contaminant listed in paragraph (E) of rule 3745-81-12 of the Administrative Code within the watershed or zone of influence of the public water system. If a determination by the director reveals no previous use of the contaminant within the watershed or zone of influence, a waiver may be granted. If the contaminant has been used previously or if its previous use is unknown, then the following factors shall be used to determine whether a waiver is granted.

(a) Previous analytical results.

(b) The proximity of the public water system to a potential point or nonpoint source of contamination. Point sources include spills and leaks of chemicals at or near a water treatment facility or at manufacturing, distribution, or storage facilities or from hazardous and municipal waste landfills and other waste handling or treatment facilities. Nonpoint sources include the use of pesticides to control insect and weed pests on agricultural areas, forest lands, homes and gardens, and other land application uses.

(c) The environmental persistence and transport of the organic chemicals listed in paragraph (E) of rule 3745-81-12 of the Administrative Code.

(d) How completely the water source is protected against contamination due to such factors as the depth of the well, the type of soil, and the integrity of the well casing.

(e) Elevated nitrate levels at the public water system source.

(f) Use of polychlorinated biphenyls in equipment used in the production, storage, or distribution of water (e.g., polychlorinated biphenyls used in pumps, transformers, etc.).

(6) If an organic chemical contaminant listed in paragraph (E) of rule 3745-81-12 of the Administrative Code is detected (as defined by paragraph (B)(14) of this rule) in any sample, then:

(a) Each public water system shall monitor quarterly at each sampling point which resulted in a detection. If a public water system is monitoring annually or less frequently for a previously detected contaminant, then the public water system does not have to return to quarterly monitoring unless the sample result exceeds eighty per cent of the MCL.

(b) The director may decrease the quarterly monitoring requirement specified in paragraph (B)(6)(a) of this rule to annual monitoring provided he has determined that the public water system does not exceed eighty per cent of the MCL. In no case shall the director make this determination unless a groundwater system takes a minimum of two quarterly samples and a surface water system takes a minimum of four quarterly samples.

(c) Public water systems which monitor annually shall monitor during the quarter that previously yielded the highest analytical result.;

(d) For public water systems which have three consecutive annual samples with no detection of a contaminant listed in paragraph (E) of rule 3745-81-12 of the Administrative Code, the director may grant a waiver as specified in paragraph (B)(4) of this rule.

(e) If monitoring results in detection of one or more of certain related contaminants (heptachlor, heptachlor epoxide), then subsequent monitoring shall analyze for all related contaminants.

(7) The director may require a confirmation sample for positive or negative results. If a confirmation sample is required by the director, the result shall be averaged with the first monitoring result and the average used for the compliance determination as specified by paragraph (B)(8) of this rule.

(8) Compliance with paragraph (E) of rule 3745-81-12 of the Administrative Code shall be determined based on the analytical results obtained at each sampling point.

(a) For public water systems which are conducting monitoring at a frequency greater than annual, compliance is determined by a running annual average of all samples taken at each sampling point. The system will not be considered in violation of the MCL until it has completed one year of quarterly sampling If, however, the initial result or a subsequent result would cause the running annual average to exceed the MCL, then the public water system is out of compliance immediately. If a system fails to collect the required number of samples, compliance will be based on the total number of samples collected. If one sampling point is in violation of the MCL, the system is in violation of the MCL. Any results below the detection limit shall be calculated as zero for purposes of determining the running annual average.

(b) For public water systems monitoring annually or less frequently, when the average of a result and a confirmation sample exceeds eighty per cent of the MCL the public water system shall begin quarterly monitoring at that sample point. If a confirmation sample was not collected, the public water system shall begin quarterly monitoring if the level of the initial sample exceeds eighty per cent of the MCL. Compliance with a MCL will then be determined by a running annual average as stated in paragraph (B)(8)(a) of this rule.

(c) If a public water system fails to collect the required number of samples, compliance will be based on the total number of samples collected.

(9) Analysis for the organic chemical contaminants listed in paragraph (E) of rule 3745-81-12 of the Administrative Code shall be conducted by using methods set forth in rule 3745-81-27 of the Administrative Code.

(10) Analysis for polychlorinated biphenyls shall be conducted as follows:

(a) Each public water system which monitors for polychlorinated biphenyls shall analyze or have analyzed each sample using a technique set forth in rule 3745-81-27 of the Administrative Code.

(b) If polychlorinated biphenyls (as one of seven aroclors) are detected (as designated in this paragraph) in any sample analyzed using a technique set forth in rule 3745-81-27 of the Administrative Code, the sample shall be reanalyzed using a technique set forth in rule 3745-81-27 of the Administrative Code to quantitate polychlorinated biphenyls (as decachlorobiphenyl).

(c) Compliance with the MCL for polychlorinated biphenyls shall be determined based upon the quantitative results of analyses using a technique set forth in rule 3745-81-27 of the Administrative Code.

Aroclor Detection limit (Milligrams per liter)

1016 0.00008

1221 0.02

1232 0.0005

1242 0.0003

1248 0.0001

1254 0.0001

1260 0.0002

(11) The director has discretion to delete results of obvious sampling or analytical errors.

(12) The director may increase the required monitoring frequency, where necessary, to detect variations within the public water system (e.g., fluctuations in concentration due to seasonal use, changes in water source).

(13) Each public water system shall monitor at the time designated by the director within each compliance period.

(14) Detection as used in this rule shall be defined as greater than or equal to the following concentration for each contaminant.

Contaminant Detection limit (Milligrams per liter)

Alachlor 0.0002

Atrazine 0.0001

Benzo(A)pyrene 0.00002

Carbofuran 0.0009

Dalapon 0.001

Dibromochloropropane (dbcp) 0.00002

Di(2-ethylhexyl) adipate 0.0006

Di(2-ethylhexyl) phthalate 0.0006

Dinoseb 0.0002

Diquat 0.0004

2,4-d 0.0001

Endothall 0.009

Ethylene dibromide (edb) 0.00001

Glyphosate 0.006

Heptachlor 0.00004

Heptachlor epoxide 0.00002

Hexachlorobenzene 0.0001

Hexachlorocyclopentadiene 0.0001

Lindane 0.00002

Methoxychlor 0.0001

Oxamyl 0.002

Pentachlorophenol 0.00004

Picloram 0.0001

Pentachlorophenol 0.00004

Polychlorinated biphenyls (pcbs) 0.0001

(As de cachlorobiphenyl)

Simazine 0.00007

Toxaphene 0.001

2,3,7,8-tcdd (dioxin) 0.000000005

2,4,5-tp (silvex) 0.0002

(15) Analyses for paragraph (C) of this rule shall only be conducted by laboratories that are certified for these analyses under Chapter 3745-89 of the Administrative Code.

(C) Monitoring for total trihalomethanes (TTHM) and haloacetic acids five (HAA5).

(1) Community public water systems and nontransient noncommunity public water systems that treat their water with any combination of chlorine, chloramines, chlorine dioxide and/or ozone, shall monitor for TTHM and HAA5 according to this rule. Surface water systems serving a population of ten thousand or more persons shall comply with this rule beginning January 1, 2002. Surface water systems serving less than ten thousand persons and ground water systems shall comply beginning January 1, 2004.

(2) Each public water system required to monitor for TTHMs and HAA5 shall develop and implement a sample monitoring plan. The public water system shall maintain the plan and make it available for inspection by the director and the general public no later than thirty days following the applicable compliance dates in paragraph (C)(1) of this rule. All surface water systems serving more than three thousand three hundred people shall submit a copy of the monitoring plan to the director no later than the date of the first report required by paragraph (G) of rule 3745-81-75 of the Administrative Code. The director may also require the plan to be submitted by any other public water system. The public water system shall modify the plan as required by the director. The plan must include at least the specific locations and schedules for collecting samples for TTHMs and HAA5. The director will determine compliance with MCLs for TTHMs and HAA5. If approved for monitoring as a consecutive public water system, or if providing water to a consecutive public water system, under the provisions of rule 3745-81-29 of the Administrative Code the sampling plan shall reflect the entire distribution system. Failure to monitor according to the monitoring plan is a monitoring violation.

(3) Public water systems shall take all samples during normal operating conditions.

(4) Routine monitoring for TTHMs and HAA5: public water systems specified in paragraph (C)(1) of this rule shall monitor at the frequency indicated in the following table:

For Table – To obtain the appendix, table, image, etc. please call LSC’s ERF Helpdesk at 614-387-2078 or send an email to erfhelpdesk@lsc.state.oh.us.

(5) For each quarterly interval, all samples for each public water system shall be collected within a twenty-four hour period. This requirement may be waived in the event of any unforseen, temporary or uncontrollable circumstances.

(6) If a public water system elects to sample more frequently than the minimum required, at least twenty-five per cent of all samples collected each quarter (including those taken in excess of the required frequency) must be taken at locations that represent the maximum residence time of the water in the distribution system. The remaining samples must be taken at locations representative of at least average residence time in the distribution system.

(7) Multiple wells drawing water from a single aquifer may be considered one treatment plant for determining the minimum number of samples required, with approval from the director. Public water systems may use the results of one sample to fulfill the monitoring requirements for more than one treatment plant, if this location is acceptable to the director.

(8) Public water systems may use data collected under the provisions of this rule to qualify for reduced monitoring. Public water systems may use another data set to qualify for reduced monitoring, provided it has been approved by the director.

(9) Reduced monitoring for TTHMs and HAA5: public water systems specified in paragraph (C) of this rule may reduce monitoring according to the following table:

For Table – To obtain the appendix, table, image, etc. please call LSC’s ERF Helpdesk at 614-387-2078 or send an email to erfhelpdesk@lsc.state.oh.us.

(10) Public water systems on a reduced monitoring schedule may remain on that reduced schedule as long as the average of all samples taken in the year (for public water systems which must monitor quarterly) or the result of the sample (for public water systems which must monitor no more frequently than annually) is no more than 0.060 mg/l and 0.045 mg/l for TTHMs and HAA5, respectively. Public water systems that do not meet these levels shall resume monitoring at the frequency identified in paragraph (C)(4) of this rule (minimum monitoring frequency column) in the quarter immediately following the quarter in which the public water system exceeds either 0.060 mg/l and 0.045 mg/l for TTHM and HAA5, respectively. For systems using only ground water and serving fewer than ten thousand persons, if either the TTHM running annual average is >0.080 mg/l or the HAA5 running annual average is >0.060 mg/l, the system shall go to the increased monitoring identified in paragraph (C)(4) of this rule (sample location in the distribution system column) in the quarter immediately follow the monitoring period in which the system exceeds 0.080 mg/l or 0.060 mg/l for TTHMs or HAA5 respectively.

(11) The director may return a public water system to routine monitoring at the director’s discretion.

(12) All samples taken and analyzed under the provisions of this rule shall be included in determining compliance with the MCLs for TTHMs and HAA5, even if that number is greater than the minimum required.

(13) If, during the first year of monitoring under paragraph (C) of this rule, any individual quarter’s average will cause the running annual average of that public water system to exceed the MCL, the public water system is out of compliance at the end of that quarter.

(14) For public water systems monitoring quarterly, compliance with MCLs for TTHMs and HAA5 shall be based on a running annual arithmetic average, computed quarterly, of quarterly arithmetic averages of all samples collected by the public water system as prescribed by paragraph (C) of this rule. If the running annual arithmetic average of quarterly averages covering any consecutive four-quarter period exceeds the MCL, the public water system is in violation of the MCL and must notify the public according to rule 3745-81-32 of the Administrative Code, in addition to reporting to the director according to rule 3745-81-75 of the Administrative Code. Failure to perform the required monitoring is a monitoring violation. The public water system will be in violation for the entire period covered by the running annual average. If a public water system fails to complete four consecutive quarters of monitoring, compliance with the MCL for the last four-quarter compliance period must be based on an average of the available data.

(15) For public water systems monitoring less frequently than quarterly, systems demonstrate MCL compliance if the average of samples taken that year according to paragraph (C) of this rule does not exceed the MCLs for TTHM and/or HAA5. If the average of these samples exceeds the MCL, the system must increase monitoring to once per quarter per treatment plant or bulk supplier. The system is not in violation of the MCL until it has completed one year of quarterly monitoring, unless the result of fewer than four quarters of monitoring will cause the running annual average to exceed the MCL, in which case the the system is in violation at the end of that quarter. Systems required to increase their monitoring frequency to quarterly monitoring shall calculate compliance by including the sample which triggered the increased monitoring plus the following three quarters of monitoring.

Effective: 08/01/2005

R.C. 119.032 review dates: 04/26/2005 and 08/01/2010

Promulgated Under: 119.03

Statutory Authority: RC Section 6109.04

Rule Amplifies: RC Section 6109.04

Prior Effective Dates: 12/27/78, 08/24/81, 03/29/88, 05/22/89, 09/13/93, 01/01/02, 01/01/03

Monitoring requirements for radionuclide contaminants of drinking water are stated in this rule. Analytical procedures which are acceptable for monitoring of radionuclide contaminants in drinking water are listed in rule 3745-81-27 of the Administrative Code. Community public water systems shall monitor for radionuclide contaminants according to a schedule provided by the director.

(A) Monitoring requirements for gross alpha particle activity, radium-226, radium-228, and uranium.

(1) Community public water systems shall complete initial monitoring to determine compliance with the maximum contaminant levels listed in rule 3745-81-15 by December 31, 2007. For the purposes of monitoring for gross alpha particle activity, radium-226, radium-228, uranium, and beta particle and photon radioactivity in drinking water, “detection limit” is defined as in paragraph (D) of this rule.

(2) All existing community public water systems shall sample at every sampling point that is representative of all sources being used under normal operating conditions for that sampling point. The system shall take each sample at the same sampling point unless the director determines that conditions make another sampling location more representative of each source.

(3) All new community public water systems or community public water systems that use a new source of water shall begin initial monitoring within the first quarter after initiating use of the source.

(4) Initial monitoring. Systems shall conduct initial monitoring for gross alpha particle activity, radium-226, radium-228, and uranium as follows:

(a) Systems without acceptable grandfathered data, as described below, shall collect four consecutive quarterly samples at all sampling points before December 31, 2007.

(b) Grandfathering of data. Under the following circumstances the director may use data from compliance monitoring conducted between June 1, 2000 and December 8, 2003 to determine that a system has satisfied part or all of the initial monitoring requirements.

(i) Monitoring during that time period was conducted for each entry point to the distribution system and the director finds that other available historical data provide sufficient indication that each entry point to the distribution system is expected to be in compliance. The director shall consider trends and variability in the historical data and other relevant information to determine the suitability of the data from compliance monitoring conducted between June 1, 2000 and December 8, 2003 to satisfy part or all of the initial monitoring requirements. If acceptable, the grandfathered monitoring data shall be used to determine the future monitoring frequency as specified in paragraph (A)(6) of this rule.

(ii) Monitoring during that time period was conducted for a representative point or points in the distribution system and the director finds that other available historical data provide sufficient indication that each entry point to the distribution system is expected to be in compliance. The director shall consider trends and variability in the historical data and other relevant information to determine the suitability of the data from compliance monitoring conducted between June 1, 2000 and December 8, 2003 to satisfy part or all of the initial monitoring requirements. The director shall make a written finding indicating how the monitoring data conforms to the above requirements. If acceptable, the grandfathered monitoring data shall be used to determine the future monitoring frequency as specified in paragraph (A)(6) of this rule.

(iii) Monitoring for gross alpha particle activity may be substituted for the required radium-226 and uranium monitoring data as specified by paragraph (A)(7) of this rule.

(iv) All monitoring data for entry point samples collected during these times will be used to determine future monitoring frequency, as specified in paragraph (A)(6) of this rule, using the highest annual average or annual result if only one sample was monitored in a year.

(c) For gross alpha particle activity, uranium, radium-226, and radium-228 monitoring, the director may waive the final two quarters of initial monitoring for a sampling point if the results of the samples from the previous two quarters are below the detection limit.

(5) If the average of the initial monitoring results for a sampling point is above the maximum contaminant level (MCL), the community public water system shall collect and analyze quarterly samples at that sampling point until the system has results from four consecutive quarters that are at or below the MCL.

(6) Reduced monitoring. The director may allow community public water systems to reduce the future frequency of monitoring from once every three years to once every six or nine years at each sampling point, based on the following criteria:

(a) If the average of the initial monitoring results for each contaminant (i.e., gross alpha particle activity, uranium, radium-226, or radium-228) is below the detection limit specified in paragraph (D) of this rule, the community public system shall collect and analyze for that contaminant using at least one sample at that sampling point every nine years.

(b) For gross alpha particle activity and uranium, if the average of the initial monitoring results for each contaminant is at or above the detection limit but at or below fifty per cent of the MCL, the community public water system shall collect and analyze for that contaminant using at least one sample at that sampling point every six years.

For combined radium-226 and radium-228, the analytical results shall be combined. If the average of the combined initial monitoring results for radium-226 and radium-228 is at or above the detection limit but at or below fifty per cent of the MCL, the community public water system shall collect and analyze for the contaminant(s) using at least one sample at that sample point every six years.

(c) For gross alpha particle activity and uranium, if the average of the initial monitoring results for each contaminant is above fifty per cent of the MCL but at or below the MCL, the community public water system shall collect and analyze at least one sample at that sampling point every three years.

For combined radium-226 and radium-228, the analytical results shall be combined. If the average of the combined initial monitoring results for radium-226 and radium-228 is above fifty per cent of the MCL but at or below the MCL, the community public water system shall collect and analyze at least one sample at that sampling point every three years.

(d) Community public water systems shall use the samples collected during the reduced monitoring period to determine the monitoring frequency for subsequent monitoring periods (e.g., if a system’s sampling point is on a nine year monitoring period, and the sample result is above fifty per cent of MCL but at or below the MCL, then the next monitoring period for that sampling point is at least one sample every three years.)

(e) If a community public water system has a monitoring result that exceeds the MCL while on reduced monitoring, the system shall collect and analyze quarterly samples at that sampling point until the system has results from four consecutive quarters that are at or below the MCL.

(7) A gross alpha particle activity measurement may be substituted for the required radium-226 measurement provided that the measured gross alpha particle activity does not exceed 5 pCi/L. A gross alpha particle activity measurement may be substituted for the required uranium measurement provided that the measured gross alpha particle activity does not exceed 15 pCi/L. The gross alpha measurement shall have a confidence interval of ninety-five per cent (1.96 sigma where sigma is the standard deviation of the net counting rate of the sample) for radium-226 and uranium. When a community public water system uses a gross alpha particle activity measurement in lieu of radium-226 and/or uranium measurement, the gross alpha particle activity analytical result will be used to determine the future monitoring frequency for radium-226 and/or uranium. If the gross alpha particle activity result is less than detection, fifty per cent of the detection limit will be used to determine compliance and the future monitoring frequency.

(B) Monitoring requirements for beta particle and photon radioactivity.

(1) The director may designate a community public water system as vulnerable to beta particle and photon radioactivity contamination based on identified potential radioactive sources which may influence source waters via air deposition, groundwater migration, or surface water releases. Those community public water systems within a one mile radius of potential radioactive sources will be considered vulnerable to beta particle and photon radioactivity contamination unless information is provided on mitigating factors showing that this designation is not appropriate. Community public water systems designated by the director as vulnerable shall sample for beta particle and photon radioactivity to determine compliance with the maximum contaminant levels listed in rule 3745-81-15 as follows:

(a) Community public water systems shall collect quarterly samples for beta emitters and annual samples for tritium and strotium-90 at each sampling point, beginning within one quarter after being notified by the director. Systems designated as vulnerable shall continue to sample until the director removes the designation.

(b) If the gross beta particle activity at a sampling point has a running annual average (computed quarterly) less than or equal to 50 pCi/L (screening level) and the combined monitoring results for all measured contaminants (i.e. tritium. strontium-90, and any other contaminants for beta particle and photon radioactivity as specified by rule 3745-81-15 of the Administrative Code) are at or below the MCL, the director may reduce the frequency of monitoring at that sampling point to once every three years. Systems shall collect all samples required in paragraph (B)(1)(a) of this rule during the reduced monitoring period.

(2) Community public water systems designated by the director as utilizing waters contaminated by effluents from nuclear facilities shall sample for beta particle and photon radioactivity to determine compliance with the MCLs listed in rule 3745-81-15 of the Administrative Code as follows:

(a) Community public water systems shall collect monthly samples for gross beta particle activity and quarterly samples for iodine-131, tritium, and strontium-90 at each sampling point, beginning within one quarter after being notified in writing by the director. For iodine-131, five consecutive daily samples shall be analyzed once each quarter. As ordered by the director, more frequent monitoring shall be conducted when iodine-131 is identified in the finished water. Systems designated by the director as using waters contaminated by effluents from nuclear facilities shall continue to sample until the director removes the designation.

(b) If the gross beta particle activity at a sampling point has a running average (computed quarterly) less than or equal to 15 pCi/L (screening level) and the combined monitoring results are at or below the MCL for all measured contaminants (i.e., iodine-131, tritium, strontium-90, etc.), the director may reduce the frequency of monitoring at that sampling point to every three years. Community public water systems shall collect all samples required in paragraph (B)(2)(a) of this rule during the reduced monitoring period.

(3) A waiver from the monitoring frequencies specified in paragraph (B)(1) or (B)(2) of this rule shall not be granted to community public water systems designated by the director as vulnerable to beta particle and photon radioactivity contamination.

(4) Community public water systems may analyze for naturally occurring potassium-40 beta particle activity from the same or equivalent sample used for gross beta particle activity analysis. Systems may subtract the potassium-40 beta particle activity value from the total gross beta activity. The potassium-40 beta particle activity shall be calculated by multiplying elemental potassium concentrations (in mg/L) by a factor of 0.82 picocuries of potassium-40 per milligram of potassium.

(5) If the gross beta particle activity (minus the naturally occurring potassium-40 beta particle activity) exceeds the appropriate screening level, an analysis of the sample shall be performed to identify the major applicable radioactive constituents present in the sample and the appropriate doses shall be calculated and summed to determine compliance with the MCLs listed in rule 3745-81-15. Doses shall also be calculated and combined for measured levels of tritium and strontium to determine compliance.

(6) Community public water systems shall monitor monthly at the sampling point(s) which exceed the MCLs as determined in rule 3745-81-15 beginning the month after the exceedance occurs. Systems shall continue monthly monitoring until the system has established, by a running average of three monthly samples, that the MCL is being met. Systems who establish that the MCL is being met shall return to quarterly monitoring until they meet the requirements set forth in paragraph (B)(1)(b) or (B)(2)(b) of this rule.

(7) For community public water systems in the vicinity of a nuclear facility or other facility that is a radioactive source, the director may allow the systems to utilize environmental surveillance data collected by the nuclear facility (i.e., raw water data for locations within the vicinity of the systems) in lieu of monitoring at the system’s sampling point(s), where the director determines that data is applicable to a particular water system. In the event that there is a release from a nuclear facility, community public water systems which are using surveillance data shall begin monitoring at the system’s sampling point(s) in accordance with paragraph (B)(1) or (B)(2) of this rule.

(C) General monitoring and compliance requirements for radionuclides.

(1) The director may require more frequent monitoring than specified in paragraphs (A) and (B) of this rule, or may require confirmation samples. The results of the initial and confirmation samples will be averaged for use in compliance determinations.

(2) To determine compliance with the MCLs listed in rule 3745-81-15 of the Administrative Code, averages of data shall be used and shall be rounded to the same number of significant figures as the maximum contaminant level for the substance in question.

(3) Compliance with the MCLs listed in rule 3745-81-15 of the Administrative Code will be determined based on the analytical result(s) obtained at each sampling point. If the average of any sampling point is greater than the MCL, then the community public water system is in violation of the MCL.

(a) For community public water systems monitoring more than once per year, compliance with the MCL is determined quarterly by a running annual average at each sampling point. If the average of any sampling point is greater than the MCL, then the system is in violation of the MCL.

(b) For community public water systems monitoring more than once per year, if any sample result will cause the running annual average to exceed to MCL at any sampling point, the system is out of compliance with the MCL immediately.

(c) Community public water systems shall include all samples taken and analyzed under the provisions of this rule in determining compliance, even if that number is greater than the minimum required.

(d) If a community public water system does not collect all required samples when compliance is based on a running annual average, compliance will be based on the running average of the total number of samples collected.

(e) If a sample result is less than the detection limit, zero will be used to calculate the running annual average, unless a gross alpha particle activity result is being used in lieu of radium-226 or uranium. If the gross alpha particle activity result is less than detection, fifty per cent of the detection limit will be used to calculate the running annual average for radium-226 and/or uranium.

(4) The director has the discretion to delete results of obvious sampling or analytical errors.

(5) If a MCL set forth in rule 3745-81-15 of the Administrative Code is exceeded, the owner or operator of a community water system shall give notice to the director pursuant to rule 3745-81-31 of the Administrative Code and to the public as required by rule 3745-81-32 of the Administrative Code.

(D) For the purpose of monitoring radioactivity concentrations in drinking water, the required sensitivity of the radioanalysis is defined in terms of a detection limit.

(1) The detection limit shall be that concentration which can be counted with a precision of plus or minus one hundred per cent at the ninety-five percent confidence level (1.96 sigma where sigma is the standard deviation of the net counting rate of the sample).

(2) To determine compliance with rule 3745-81-15 of the Administrative Code, the detection limits shall not exceed the concentrations listed in the following table:

Radionuclide Detection limit

Cesium-134 10 pCi/L

Iodine-131 1 pCi/L

Gross alpha 3 pCi/L

Gross beta 4 pCi/L

Radium-226 1 pCi/L

Radium-228 1 pCi/L

Strontium-89 10 pCi/L

Strontium-90 2 pCi/L

Tritium 1,000 pCi/L

Uranium 1 µg/L

Other beta/photon emitters 1/10 of the MCL (dose equivalent in pCi/L)

Effective: 04/15/2005

R.C. 119.032 review dates: 09/15/2009

Promulgated Under: 119.03

Statutory Authority: RC Section 6109.04

Rule Amplifies: RC Section 6109.04

Prior Effective Dates: 12/27/78, 05/22/89, 09/15/04

(A) Inorganic chemical analyses conducted to determine compliance with rules 3745-81-11, 3745-81-23, 3745-81-80 to 3745-81-86, 3745-81-88, and 3745-83-01 of the Administrative Code shall be performed by a laboratory certified by the director pursuant to Chapter 3745-89 of the Administrative Code unless otherwise specified and shall be made in accordance with methods listed in this rule for the chemicals being analyzed. Inorganic chemical analyses required by rule 3745-81-87 of the Administrative Code also shall be made in accordance with methods listed in this rule for the chemicals being analyzed but do not require that the laboratory be certified pursuant to Chapter 3745-89 of the Administrative Code. Many of these inorganic chemical analysis methods are described in books and manuals referred to in this paragraph as “Standard Methods”, “Standard Methods Online”, “Technical Notes”, EMSL94, and EMSL93. The United States environmental protection agency books and manuals are available from the “National Technical Information Service (or NTIS), United States Department of Commerce, 5285 Port Royal Road, Springfield, Virginia 22161,” with telephone number 800-553-6847.

“Standard Methods” stands for the eighteenth, nineteenth or twentieth editions of “Standard Methods for the Examination of Water and Wastewater, by the American Public Health Association, American Water Works Association, and Water Pollution Control Federation, 1992, 1995 and 1998 respectively.” “Standard Methods Online” stands for online versions of “Standard Methods for the Examination of Water and Wastewater”. These methods can be found at www.standardmethods.org. The accepted version of the method is incorporated into the name of the online method. Frequently quoted methods of analysis for metals include method 3111 (atomic absorption spectrometry-direct aspiration flame), method 3113 (electrothermal atomic absorption spectrometry), method 3120 (inductively coupled plasma-emission spectroscopy), and method 4110 B (anion chromatography).

“Technical Notes” stands for “Technical Notes on Drinking Water Methods”, dated October 1994 and designated EPA/600/R-94/173, by “the United States Environmental Protection Agency, Environmental Monitoring Systems Laboratory, Cincinnati, OH 45268,” available from NTIS as PB95-104766. “Technical Notes” contains mandatory and recommended modifications for some analytical methods included in this paragraph; criteria for analyzing arsenic, barium, beryllium, cadmium, calcium, chromium, copper, lead, nickel, selenium, sodium, and thallium with digestion or directly without digestion; and additional information pertinent to analysis of contaminants in drinking water.

“EMSL94” stands for “Methods for the Determination of Metals in Environmental Samples – Supplement I,” dated May 1994 and designated EPA-600/R-94/111, by the “United States Environmental Protection Agency, Environmental Monitoring Systems Laboratory-Cincinnati,” available to government agencies from “ORD Publications, 26 West MLK Drive, Cincinnati Ohio 45268-1072,” with telephone number 513-569-7562, and generally available from the NTIS with designation PB94-184942. Frequently quoted methods of analyses for metals include method 200.7 Rev. 4.4 (1994) (inductively coupled plasma-atomic emission spectrometry), method 200.8 Rev. 5.4 (1994) (inductively coupled plasma-mass spectrometry), and method 200.9 Rev. 2.2 (1994) (stabilized temperature graphite furnace atomic absorption spectrometry).

“EMSL93” stands for “Methods for the Determination of Inorganic Substances in Environmental Samples”, dated August 1993 and designated EPA/600/R-93/100, by the “United States Environmental Protection Agency, Environmental Monitoring Systems Laboratory, Cincinnati, Ohio 45268,” available from NTIS as PB94-120821. Method 300.0 (inorganic anion determination by ion chromatography) is frequently quoted.

“EPA method 300.1” stands for “USEPA Method 300.1, Determination of Inorganic Anions in Drinking Water by Ion Chromotography, Revision 1.0,” dated 1997 and designated EPA/600/R-98/118, available from NTIS as PB98-169196.

“EPA method 335.4” stands for “USEPA Method 335.4, Determination of Total Cyanide by Semi-Automated Colorimetry, Revision 1.0,” dated August 1993 and designated EPA/600/R-93/100, available from NTIS as PB94-120821.

“Methods for the Determination of Inorganic Substances in Environmental Samples, dated August 1993, designated EPA/600/R-93/100 and available from NTIS as PB94-120821. This manual includes methods 353.2 and 335.4.

Methods which have been determined to be equivalent to an approved method, by USEPA Alternative Test Procedure (ATP) program at the Office of Ground Water and Drinking Water’s Technical Support Center (OGWDW/TSC), may be used for compliance monitoring. Equivalent methods will be referenced as the method is listed in rule 3745-81-27 with no special notation. The letter of equivalence issued by USEPA’s ATP program at OGWDW/TSC must be maintained by the certified laboratory and be available for verification.

(1) Aluminum: “Standard Methods” section 3111 D (18th, 19th) or 3113 B (18th, 19th) or 3120 B (18th, 19th, 20th) or “Standard Methods Online” section 3111 D-99 or 3113 B-99 or 3120 B-99 or EMSL94 method 200.7 Rev. 4.4 (1994) or 200.8 Rev. 5.4 (1994) or 200.9 Rev 2.2 (1994).

(2) Antimony: “Standard Methods” section 3113 B (18th, 19th), or “Standard Methods Online” section 3113 B-99 or EMSL94 method 200.8 Rev. 5.4 (1994) or 200.9 Rev. 2.2 (1994).

(3) Arsenic: “Standard Methods” section 3113 B (18th, 19th) (atomic absorption furnace) or 3114 B (18th, 19th) (hydride atomic absorption) as modified in “Technical Notes” or “Standard Methods Online” section 3113 B-99 or 3114 B-97 or EMSL94 method 200.8 Rev. 5.4 (1994) or 200.9 Rev. 2.2 (1994).

(4) Asbestos: “Technical Notes” method 100.1 and “Analytical Method for Determination of Asbestos Fibers in Water,” EPA-600/4-83-043, September 1983, “United States Environmental Research Laboratory, Athens, Georgia 30613,” available from NTIS as PB83-260471, or method 100.2, “Determination of Asbestos Structures Over 10 ìM in Length in Drinking Water”, EPA/600/R-94/134, June 1994, available from NTIS as PB94-201902.

(5) Barium: “Standard Methods” section 3111 D (18th, 19th) or 3113 B (18th, 19th) or 3120 B or “Standard Methods Online” section 3111 D-99 or 3113 B-99 or EMSL94 method 200.7 Rev. 4.4 (1994) or 200.8 Rev. 5.4 (1994).

(6) Beryllium: “Standard Methods” section 3113 B (18th, 19th) or 3120 B (18th, 19th, 20th) or “Standard Methods Online” section 3113 B-99 or 3120 B-99 or EMSL94 method 200.7 Rev. 4.4 (1994) or 200.8 Rev. 5.4 (1994) or 200.9 Rev. 2.2 (1994).

(7) Bromate: EPA method 300.1 Rev. 1.0 or 317.0 Rev. 2.0 or 326.0 Rev. 1.0 or 321.8 Rev. 1.0.

(8) Cadmium: “Standard Methods” section 3113 B (18th, 19th) or “Standard Methods Online” section 3113 B-99 or EMSL94 method 200.7 Rev. 4.4 (1994) or 200.8 Rev. 5.4 (1994) or 200.9 Rev. 2.2 (1994).

(9) Calcium: “Standard Methods” section 3111 B (18th, 19th) or 3120 B (18th, 19th, 20th) or 3500Ca D (18th, 19th, 20th) (EDTA titrimetric method) or “Standard Methods Online” section 3111 B-99 or 3120 B-99 or 3500Ca D-97 or EMSL94 method 200.7 Rev. 4.4 (1994).

(10) Chloride: “Standard Methods” section 4500-Cl- B (18th, 19th, 20th)(argentometric) or 4110 B (18th, 19th, 20th) or 4500-Cl- D (18th, 19th, 20th )(potentiometric) or “Standard Methods Online” 4500-Cl- B-97 or 4110 B-00 or 4500 Cl-D-97 or EPA method 300.0 Rev. 2.1 or 300.1 Rev. 1.0.

(11) Chlorite: “Standard Methods” nineteenth edition, section 4500-ClO2E (19th, 20th) or “Standard Methods Online” section 4500-ClO 2E-00 may be used for routine daily monitoring of chlorite at the entrance of the distribution system. This analysis shall be performed by persons acceptable to the director. EPA method 300.0 Rev. 2.1 or 300.1 Rev. 1.0 or 317.0 Rev. 2.0 or 326.0 Rev. 1.0 shall be used for routine monthly monitoring of chlorite and additional monitoring of chlorite in the distribution system. This analysis shall be performed by a laboratory certified by the director according to Chapter 3745-89 of the Administrative Code.

(12) Chromium: “Standard Methods” section 3113 B (18th, 19th) as modified in “Technical Notes” or 3120 B (18th, 19th, 20th) or “Standard Methods Online” section 3113 B-99 or 3120 B-99 or EMSL94 method 200.7 Rev. 4.4 (1994) or 200.8 Rev. 5.4 (1994) or 200.9 Rev. 2.2 (1994).

(13) Copper: “Standard Methods” section 3111 B (18th, 19th) or 3113 B (18th, 19th) or 3120 B (18th, 19th, 20th) or “Standard Methods Online” section 3111 B-99 or 3113 B-99 or 3120 B-99 or EMSL94 method 200.7 Rev. 4.4 (1994) or 200.8 Rev. 5.4 (1994) or 200.9 Rev. 2.2 (1994). In addition, untreated raw water may be analyzed by “Standard Methods” section 3500-Cu E (18th, 19th, 20th) or “Standard Methods Online” 3500-Cu E-99) (bathocuproine).

(14) Cyanide: manual distillation by “Standard Methods” section 4500-CN- C (18th, 19th, 20th) followed by “Standard Methods” section 4500-CN- E (18th, 19th, 20th) (colorimetric) or 4500-CN- F (18th, 19th, 20th)(selective electrode) or 4500-CN- G (18th, 19th, 20th) (amenable to chlorination) or “Standard Methods Online” section 4500-CN- E-99 or 4500-CN- F-99 or 4500-CN- G-99 or EPAEMSL93 method 335.4 Rev. 1.0 or Lachat QuikChem 10-204-00-1-X or Kelada 01 Rev. 1.2 or OIA-1677, DW. Some mandatory method modifications are given in “Technical Notes”.

(15) Fluoride: “Standard Methods” section 4110 B (18th, 19th, 20th) or 4500-F- C (18th, 19th, 20th) (ion-selective electrode) or 4500-F- E (18th, 19th, 20th)(automated Alizarin), or “Standard Methods Online” section 4110 B-00 or 4500-F- C-97 or 4500-F- E-97 or EPA method 300.0 Rev. 2.1 or 300.1 Rev. 1.0, or “Technicon Industrial Systems” method 380-75WE (February 1976) or 129-71W (December 1972), available from “Technicon Industrial Systems, Tarrytown NY 10591.”

(16) Iron: “Standard Methods” section 3111 B (18th, 19th) or 3113 B (18th, 19th) or 3120 B (18th, 19th, 20th) or 3500-Fe D (18th, 19th, 20th) (phenanthroline) or “Standard Methods Online” section 3111 B-99 or 3113 B-99 or 3120 B-99 or 3500-Fe D-97 or EMSL94 method 200.7 Rev. 4.4 (1994) or 200.9 Rev. 2.2 (1994).

(17) Lead: “Standard Methods” section 3113 B (18th, 19th) or “Standard Methods Online” section 3113 B-99 or EMSL94 method 200.8 Rev. 5.4 (1994) or 200.9 Rev. 2.2 (1994).

(18) Manganese: “Standard Methods” section 3111 B (18th, 19th,) or 3113 B (18th, 19th) or 3120 B (18th, 19th, 20th) or 3500-Mn D (18th, 19th, 20th) (persulfate) or “Standard Methods Online” section 3111 B-99 or 3113 B-99 or 3120 B-99 or 3500-Mn D-99 or EMSL94 method 200.7 Rev. 4.4 (1994) or 200.8 Rev. 5.4 (1994) or 200.9 Rev. 2.2 (1994).

(19) Magnesium: “Standard Methods” section 3111B (18th, 19th) or 3120B (18th, 19th, 20th) or 3500-Mg E (18th, 19th, 20th) or “Standard Methods Online” section 3111 B-99 or 3120 B-99 or 3500-Mg E-97 or EMSL 94 method 200.7 Rev. 4.4 (1994).

(20) Mercury: “Standard Methods” section 3112 B (18th, 19th) (cold-vapor atomic absorption spectrometry) or “Standard Methods Online” section 3112 B-99 or EMSL94 method 200.8 Rev. 5.4 (1994) or 245.1 Rev. 3.0 (manual cold vapor technique) or EMSL93 method 245.2 (automated cold vapor technique).

(21) Nickel: “Standard Methods” section 3111 B (18th, 19th) or 3113 B (18th, 19th)or 3120 B (18th, 19th, 20th) or or “Standard Methods Online” section 3111 B-99 or 3113 B-99 or 3120 B-99 or EMSL94 method 200.7 Rev. 4.4 (1994) or 200.8 Rev. 5.4 (1994) or 200.9 Rev. 2.2 (1994).

(22) Nitrate: “Standard Methods” section 4110 B (18th, 19th, 20th) (ion chromatography) or 4500-NO 3 – D (18th, 19th, 20th) (nitrate electrode) or 4500-NO 3 – E (18th, 19th, 20th) (cadmium reduction) or 4500-NO 3 – F (18th, 19th, 20th) (automated cadmium reduction), or “Standard Methods Online” section 4110 B-00 or 4500-NO 3 – D-00 or 4500-NO 3 – E-00 or 4500-NO 3 – F-00, or EPA Method 300.0 Rev. 2.1 or 300.1 Rev. 1.0 or 353.2 Rev. 2.0 (cadmium reduction automated colorimetric), or method B-1011, “Waters Test Method for Determination of Nitrite/Nitrate in Water Using Single Column Ion Chromatography, August 1987”. Copies may be obtained from Waters Corporation, Technical Services Division, 34 Maple Street, Millford, MA 01757-3696, 800-252-4752 , or D6508 Rev. 2.0, “Waters Test Method for Determination of Dissolved Inorganic Anions in Aqueous Matrices Using Capillary Ion Electrophoresis and Chromate Electrolyte’’. Copies may be obtained from Waters Corp, 34 Maple St., Milford, MA, 01757-3696, 800-252-4752 .

(23) Nitrite: “Standard Methods” section 4110 B (18th, 19th, 20th) (ion chromatography) or 4500-NO 2 -B (18th, 19th, 20th) (colorimetric) or 4500-NO 3 -E (18th, 19th, 20th) (cadmium reduction) or 4500-NO 3 -F (18th, 19th, 20th)(automated cadmium reduction), or “Standard Methods Online” section 4110 B-00 or 4500-NO2- B-00 or 4500-NO 3 – E-00 or 4500-NO 3 – F-00, or EMSL93 method EPA Method 300.0 Rev. 2.1 or 300.1 Rev. 1.0 or 353.2 Rev. 2.0 (cadmium reduction automated colorimetric), or method B-1011, “Waters Test Method for Determination of Nitrite/Nitrate in Water Using Single Column Ion Chromatography, August 1987”. Copies may be obtained from Waters Corporation, Technical Services Division, 34 Maple Street, Millford, MA 01757-3696, 800-252-4752, or D6508 Rev. 2.0, “Waters Test Method for Determination of Dissolved Inorganic Anions in Aqueous Matrices Using Capillary Ion Electrophoresis and Chromate Electrolyte’’. Copies may be obtained from Waters Corp, 34 Maple St., Milford, MA, 01757-3696, 800-252-4752.

(24) Orthophosphate: “Standard Methods” section 4110 B (18th, 19th, 20th) or 4500-P E (18th, 19th, 20th) (ascorbic acid) or 4500-P F (18th, 19th, 20th)(automated ascorbic acid reduction), or “Standard Methods Online” section 4110 B-00, or EPA Method 300.0 Rev. 2.1 or 300.1 Rev. 1.0 or method D6508 Rev. 2.0, “Waters Test Method for Determination of Dissolved Inorganic Anions in Aqueous Matrices Using Capillary Ion Electrophoresis and Chromate Electrolyte’’. Copies may be obtained from Waters Corp, 34 Maple St., Milford, MA, 01757-3696, 800-252-4752.

(25) Selenium: “Standard Methods” section 3113 B (18th, 19th) or 3114 B (18th, 19th) (hydride generation/atomic absorption spectrometric) as modified in “Technical Notes” or “Standard Methods Online” 3113 B-97 or 3114 B-99 or EMSL94 method 200.8 Rev. 5.4 (1994) or 200.9 Rev. 2.2 (1994).

(26) Silica: “Standard Methods” section 3120 B (18th, 19th, 20th) or 4500-Si D (18th, 19th) (molybdosilicate) or 4500-Si E (18th, 19th) (heterpoly blue) or 4500-Si F (18th, 19th) (automated for molybdate-reactive silica) or 4500 SiO2 4-C (20th) or 4500 SiO2 4-D (20th) or 4500 SiO2 4-E (20th) or “Standard Methods Online” section 3120 B-99 or 4500 SiO4 2 C-97 or 4500 SiO2 4 D-97 or 4500 SiO2 4 E-97 or EMSL94 method 200.7 Rev. 4.4 (1994).

(27) Silver: “Standard Methods” section 3111 B (18th, 19th) or 3113 B (18th, 19th) or 3120 B (18th, 19th, 20th) or “Standard Methods Online” section 3111 B-99, 3113 B-99 or 3120 B-99 or EMSL94 method 200.7 Rev. 4.4 (1994) or 200.8 Rev. 5.4 (1994) or 200.9 Rev. 2.2 (1994).

(28) Sulfate: “Standard Methods” section 4110 B (18th, 19th, 20th) or 4500-SO 4 2- C and D (18th, 19th, 20th) or 4500-SO 4 2- F (18th, 19th, 20th) or 4500-SO 4 2- E (18th, 19th, 20th) or “Standard Methods Online” section 4110 B-00 or EMSL93 method EPA Method 300.0 Rev. 2.1 or 300.1 Rev. 1.0, or 375.2 (automated colorimetry) or method D6508 Rev. 2.0, “Waters Test Method for Determination of Dissolved Inorganic Anions in Aqueous Matrices Using Capillary Ion Electrophoresis and Chromate Electrolyte’’. Copies may be obtained from Waters Corp, 34 Maple St., Milford, MA, 01757-3696, 800-252-4752.

(29) Thallium: EMSL94 method 200.8 Rev. 5.4 (1994) or 200.9 Rev. 2.2 (1994).

(30) Total Phosphorous: “Standard Methods” section 4500-P B (18th, 19th, 20th)with 4500-P E (18th, 19th, 20th) or 4500-P F (18th, 19th, 20th).

(31) Zinc: “Standard Methods” section 3111 B (18th, 19th) or 3120 B (18th, 19th, 20th) or “Standard Methods Online” section 3111 B-99 or 3120 B-99 or EMSL94 method 200.7 Rev. 4.4 (1994) or 200.8 Rev. 5.4 (1994).

(B) Organic chemical sampling and analyses, as required by rule 3745-81-24 of the Administrative Code, shall use the following procedures. Analyses shall be performed by a laboratory certified by the director pursuant to Chapter 3745-89 of the Administrative Code. Procedures for many of these specified organic chemical analyses are included in manuals prepared by the “Environmental Monitoring Systems Laboratory-Cincinnati of the United States Environmental Protection Agency (USEPA).” These manuals may be purchased from the “National Technical Information Service (NTIS), U.S. Department of Commerce, 5285 Port Royal Road, Springfield, Virginia 22161,” with telephone number 800-553-6847. They are also available to government agencies from “ORD Publications, 26 West MLK Drive, Cincinnati, Ohio 45268-1072,” with telephone number 513-569-7562.

Methods which have been determined to be equivalent to an approved method, by USEPA Alternative Test Procedure (ATP) program at the Office of Ground Water and Drinking Water’s Technical Support Center (OGWDW/TSC), may be used for compliance monitoring. Equivalent methods will be referenced as the method is listed in rule 3745-81-27 with no special notation. The letter of equivalence issued by USEPA’s ATP program at OGWDW/TSC must be maintained by the certified laboratory and be available for verification.

One manual is “Methods for the Determination of Organic Compounds in Drinking Water, dated December 1988 (Revised July 1991), designated EPA/600/4-88/039R and available from NTIS as PB91-231480.” This manual includes currently approved USEPA analysis methods 502.2, 505, 507, 508, 508A, 515.1, and 531.1.

Another manual is “Methods for the Determination of Organic Compounds in Drinking Water-Supplement I, dated July 1990, designated EPA/600/4-90/020,” and available from NTIS as PB91-146027. This manual includes currently approved USEPA analysis methods 506, 547, 550, 550.1, and 551.

A third manual is named “Methods for the Determination of Organic Compounds in Drinking Water-Supplement II,” dated August 1992, designated EPA/600/R-92/129, available from NTIS as PB92-207703, and containing methods 515.2, 524.2, 548.1, 549.1, 552.1, and 555.

A fourth manual is named “Methods for the Determination of Organic Compounds in Drinking Water-Supplement III,” dated August 1995, designated EPA/600/R-95/131, available from NTIS as PB95-261616, and containing methods 502.2, 504.1, 508.1, 524.2, 525.2, 551.1, and 552.2.

A fifth manual is named “Methods for the Determination of Organic and Inorganic Compounds in Drinking Water”, dated August 2000, designated EPA 815-R-00-014, available from the “National Service Center for Environmental Publications” (NSCEP), P.O. Box 42419, Cincinnati, OH 45242-2419, telephone number 800-490-9198. This manual includes currently approved USEPA methods 515.3 and 549.2.

“Technical Notes” stands for “Technical Notes on Drinking Water Methods”, dated October 1994 and designated “EPA/600/R-94/173, by the United States Environmental Protection Agency, Environmental Monitoring Systems Laboratory, Cincinnati, OH 45268,” available from NTIS as PB95-104766. “Technical Notes” contains mandatory and recommended modifications for some of the analytical methods referred to in this paragraph and also includes additional information pertinent to analysis of contaminants in drinking water. USEPA method 1613, “Tetra- through Octa-Chlorinated Dioxins and Furans by Isotope-Dilution HRGC/HRMS”, designated EPA-821-B-94-005 and dated October 1994, available from NTIS as PB95-104774. Copies may be obtained from NTIS, 5285 Port Royal Road, Springfield, VA 22161, Phone: 703-605-6000 or 800-553-6847.

Other sources of methods are the eighteenth, nineteenth and twentieth editions of “Standard Methods For the Examination of Water and Wastewater; by American Public Health Association, American Water Works Association, and Water Environment Federation”; dated 1992, 1995 and 1998 respectively; designated “Standard Methods”; and containing method 6651 which is pertinent to this paragraph. The eighteenth edition supplement was copyrighted in 1994 and contains method 6610 which is pertinent to this paragraph. Also, “Standard Methods Online” stands for online versions of “Standard Methods for the Examination of Water and Wastewater”. These methods can be found at www.standardmethods.org. The accepted version of the method is incorporated into the name of the online method.

(1) Sampling and analyses for total trihalomethanes made to determine compliance with paragraphs (A) and (B) of rule 3745-81-12 and paragraphs (A) and (D) of rule 3745-81-24 of the Administrative Code shall be conducted by a method listed in paragraphs (B)(1)(a) to (B)(1)(c) of this rule. Samples for total trihalomethanes shall be dechlorinated upon collection to prevent further production of trihalomethanes, according to the procedures described in the following methods.

(a) USEPA method 502.2, “Volatile Organic Compounds in Water by Purge and Trap Capillary Gas Chromatography with Photoionization and Electrolytic Conductivity Detector in Series.”

(b) USEPA method 524.2, “Measurement of Purgeable Organic Compounds in Water by Capillary Column Gas Chromatography/Mass Spectrometry.”

(c) USEPA method 551.1, “Determination of Chlorination Disinfection Byproducts, Chlorinated Solvents and Halogenated Pesticides/Herbicides in Drinking Water by Liquid-Liquid Extraction and Gas Chromatography with Electron-Capture Detection.”

(2) Sampling and analysis for haloacetic acids (five) made to determine compliance with paragraph (B) of rule 3745-81-12 of the Administrative Code and paragraph (D) of rule 3745-81-24 of the Administrative Code shall be conducted by a method listed in paragraphs (B)(2)(a) to (B)(2)(ec) of this rule.

(a) USEPA method 552.1, “Determination of Haloacetic Acids and Dalapon in Drinking Water by Ion Exchange Liquid-Solid Extraction and Gas Chromatography with Electron Capture Detection”.

(b) USEPA method 552.2, “Determination of Haloacetic Acids and Dalapon in Drinking Water by Liquid-Liquid Extraction, Derivization and Gas Chromatography with Electron Capture Detection”.

(c) USEPA method 552.3, “Determination of Haloacetic Acids and Dalapon in Drinking Water by Liquid-Liquid Microextraction, Derivization, and Gas Chromatography with Electron Capture Detection”.

(d) “Standard Methods”, 6251 B (19th, 20th).

(e) “Standard Methods Online”, 6251 B-94.

(3) Organic chemical analyses required by paragraph (B) of rule 3745-81-24 of the Administrative Code shall be conducted using the following United States environmental protection agency methods or their equivalent as approved by the United States environmental protection agency and the director. The methods listed in paragraphs (B)(3)(a) to (B)(3)(d) of this rule are contained in one of the manuals listed in paragraph (B) of this rule.

(a) USEPA method 502.2, “Volatile Organic Compounds in Water by Purge and Trap Capillary Gas Chromatography with Photoionization and Electrolytic Conductivity Detector in Series”, as modified in “Technical Notes”, may be used for analyzing for all the compounds referred to in paragraph (B)(3) of this rule.

(b) USEPA method 524.2, “Measurement of Purgeable Organic Compounds in Water by Capillary Column Gas Chromatography/Mass Spectrometry”, as modified in “Technical Notes”, may be used for analyzing for all the compounds referred to in paragraph (B)(3) of this rule.

(c) USEPA method 504.1, “1,2-Dibromoethane (EDB), 1,2-Dibromo-3-chloropropane (DBCP), and 1,2,3-Trichloropropane (123TCP) in Water By Microextraction and Gas Chromatography”, may be used for analyzing 1,2,3-trichloropropane.

(d) USEPA method 551.1, “Determination of Chlorination Disinfection Byproducts, Chlorinated Solvents and Halogenated Pesticides/Herbicides in Drinking Water by Liquid-Liquid Extraction and Gas Chromatography with Electron-Capture Detection”, may be used for analyzing bromodichloromethane, bromoform, carbon tetrachloride, chlorodibromomethane, chloroform, tetrachloroethylene, 1,1,1-trichloroethane, and trichloroethylene.

(4) Organic chemical analyses required in paragraphs (C) and (D) of rule 3745-81-24 of the Administrative Code shall be conducted using the following approved methods.

(a) USEPA method 314.0, “Determination of Perchlorate in Drinking Water using Ion Chromatography. Method 314.0 may be used for the determination of perchlorate in reagent water, surface water, ground water, and finished drinking water using ion chromatography.

(b) USEPA method 504.1, “1,2-Dibromoethane (EDB), 1,2-Dibromo-3-chloropropane (DBCP), and 1,2,3-Trichloropropane (123TCP) in Water by Microextraction and Gas Chromatography.” Method 504.1 may be used to measure 1,2-dibromo-3-chloropropane (dibromochloropropane or DBCP) and 1,2-dibromoethane (ethylene dibromide or EDB).

(c) USEPA method 505, “Analysis of Organohalide Pesticides and Commercial Polychlorinated Biphenyl Products (Aroclors) in Water by Microextraction and Gas Chromatography.” Method 505 may be used to measure alachlor, atrazine, chlordane, endrin, heptachlor, heptachlor epoxide, hexachlorobenzene, hexachlorocyclopentadiene, lindane, methoxychlor, simazine, and toxaphene. Method 505 may also be used as a screen for polychlorinated biphenyls (PCBs). When any aroclor (PCB) listed in paragraph (C)(11)(b) of rule 3745-81-24 of the Administrative Code is found to be present in a concentration of 0.0001 milligram per liter or more, the sample shall be reanalyzed by method 508A to provide quantitative results for polychlorinated biphenyl concentrations in the water sample.

(d) USEPA method 506, “Determination of Phthalate and Adipate Esters in Drinking Water by Liquid-Liquid Extraction or Liquid-Solid Extraction and Gas Chromatography with Photoionization Detection.” Method 506 may be used to measure di(2-ethylhexyl) adipate and di(2-ethylhexyl) phthalate.

(e) USEPA method 507, “Determination of Nitrogen- and Phosphorus-Containing Pesticides in Ground Water by Gas Chromatography with a Nitrogen-Phosphorus Detector.” Method 507 may be used to measure alachlor, atrazine, and simazine.

(f) USEPA method 508, “Determination of Chlorinated Pesticides in Water by Gas Chromatography with an Electron Capture Detector.” Method 508 may be used to measure chlordane, endrin, heptachlor, heptachlor epoxide, hexachlorobenzene, hexachlorocyclopentadiene (when “Technical Notes” requirement is met), lindane, methoxychlor, and toxaphene. Method 508 may also be used as a screen for polychlorinated biphenyls (PCBs). When any aroclor (PCB) listed in paragraph (C)(11)(b) of rule 3745-81-24 of the Administrative Code is found to be present in a concentration of 0.0001 milligram per liter or more, the sample shall be reanalyzed by method 508A to provide quantitative results for polychlorinated biphenyl concentrations in the water sample.

(g) USEPA method 508.1, “Determination of Chlorinated Pesticides, Herbicides, and Organohalides by Liquid-Solid Extraction and Electron Capture Gas Chromatography”. Method 508.1 may be used to measure alachlor, aldrin, atrazine, chlordane, endrin, heptachlor, heptachlor epoxide, hexachlorobenzene, hexachlorocyclopentadiene, lindane, methoxychlor, and simazine.

(h) USEPA method 508A, “Screening for Polychlorinated Biphenyls by Perchlorination and Gas Chromatography.” Method 508A is used to quantitate polychlorinated biphenyls as decachlorobiphenyl if one or more aroclor(s) (or PCBs) are detected in analysis by method 505 or 508.

(i) USEPA method 515.1, “Determination of Chlorinated Acids in Water by Gas Chromatography with an Electron Capture Detector” as revised May 1991. An alternate derivatization is given in “Technical Notes”. Method 515.1 may be used to measure 2,4-D, dalapon, dinoseb, pentachlorophenol, picloram, and 2,4,5-TP (Silvex).

(j) USEPA method 515.2, “Determination of Chlorinated Acids in Water Using Liquid-Solid Extraction and Gas Chromatography With an Electron Capture Detector”. An alternate derivatization is given is “Technical Notes”. Method 515.2 may be used to measure 2,4-D, dinoseb, pentachlorophenol, picloram, and 2,4,5-TP (Silvex).

(k) USEPA method 515.3, “Determination of Chlorinated Acids in Drinking Water by Liquid-Liquid Extraction, Derivization and Gas Chromatography with Electron-Capture Detection” may be used to measure 2,4-D, 2,4,5-TP, dalapon, dinoseb, pentachlorophenol, and picloram.

(l) USEPA method 525.2, “Determination of Organic Compounds in Drinking Water by Liquid-Solid Extraction and Capillary Column Gas Chromatography/Mass Spectrometry” as revised March 1994. Method 525.2 may be used to measure alachlor, atrazine, chlordane, di(2-ethylhexyl) adipate, di(2-ethylhexyl) phthalate, endrin, heptachlor, heptachlor epoxide, hexachlorobenzene, hexachlorocyclopentadiene, lindane, methoxychlor, pentachlorophenol, polynuclear aromatic hydrocarbons (including benzo[a]pyrene), simazine, and toxaphene.

(m) USEPA method 531.1, “Measurement of N-Methyl Carbamoyloximes and N-Methyl Carbamates in Water by Direct Aqueous Injection HPLC with Post-Column Derivatization.” Sample storage requirements are modified in “Technical Notes”. Method 531.1 may be used to measure carbofuran and oxamyl.

(n) USEPA method 531.2, “Measurement of N-Methylcarbamoyloximes and N-Methylcarbamates in Water by Direct Aqueous Injection HPLC with Postcolumn Derivatization”.

(o) USEPA method 547, “Determination of Glyphosate in Drinking Water by Direct-Aqueous-Injection HPLC, Post-Column Derivatization, and Fluorescence Detection.” Method 547 may be used to measure glyphosate.

(p) USEPA method 548.1, “Determination of Endothall in Drinking Water by Aqueous Derivatization, Liquid-Solid Extraction, and Gas Chromatography with Electron-Capture Detection.” Method 548.1 may be used to measure endothall.

(q) USEPA method 549.2, “Determination of Diquat and Paraquat in Drinking Water by Liquid-Solid Extraction and HPLC with Ultraviolet Detection.” Sample bottle requirements are modified in “Technical Notes”. Method 549.2 may be used to measure diquat.

(r) USEPA method 550, “Determination of Polycyclic Aromatic Hydrocarbons in Drinking Water by Liquid-Liquid Extraction and HPLC with Coupled Ultraviolet and Fluorescence Detection.” Method 550 may be used to measure polynuclear aromatic hydrocarbons, including benzo(a)pyrene.

(s) USEPA method 550.1, “Determination of Polycyclic Aromatic Hydrocarbons in Drinking Water by Liquid-Solid Extraction and HPLC with Coupled Ultraviolet and Fluorescence Detection.” Method 550.1 may be used to measure polynuclear aromatic hydrocarbons, including benzo(a)pyrene.

(t) USEPA method 551.1, “Determination of Chlorination Disinfection Byproducts, Chlorinated Solvents and Halogenated Pesticides/Herbicides in Drinking Water by Liquid-Liquid Extraction and Gas Chromatography with Electron-Capture Detection”. Method 551.1 may be used to measure 1,2-dibromo-3-chloropropane (dibromochloropropane or DBCP), 1,2-dibromoethane (ethylene dibromide or EDB), alachlor, atrazine, endrin, heptachlor, heptachlor epoxide, hexachlorobenzene, hexachlorocyclopentadiene, lindane, methoxychlor and simazine.

(u) USEPA method 552.1, “Determination of Haloacetic Acids and Dalapon in Drinking Water by Ion Exchange Liquid-Solid Extraction and Gas Chromatography With Electron Detection”. Method 552.1 may be used to measure dalapon.

(v) USEPA 552.2, “Determination of Haloacetic Acids and Dalapon in Drinking Water by Liquid-Liquid Extraction, Derivization and Gas Chromatography with Electron-Capture Detection”, may be used to measure dalapon.

(w) USEPA 552.3, “Determination of Haloacetic Acids and Dalapon in Drinking Water by Liquid-Liquid Microextraction, Derivization, and Gas Chromatography with Electron Capture Detection”.

(x) USEPA method 555, “Determination of Chlorinated Acids in Water by High Performance Liquid Chromatography With a Photodiode Array Ultraviolet Detector”. Method 555 may be used to measure 2,4-D, dicamba, dinoseb, pentachlorophenol, picloram, and 2,4,5-TP (Silvex).

(y) USEPA method 1613, “Tetra- through Octa-Chlorinated Dioxins and Furans by Isotope-Dilution HRGC/HRMS.” Method 1613 may be used to measure the compounds in its title, including 2,3,7,8-TCDD (2,3,7,8-tetrachlorodibenzo-p-dioxin or dioxin).

(z) “Standard Methods” and “Standard Methods Online” supplement method 6610 (19th, 20th), “Carbamate Pesticides High-Performance Liquid Chromatographic Method”. Sample storage requirements are modified in “Technical Notes”. This method 6610 may be used to measure carbofuran and oxamyl.

(aa) “Standard Methods” and “Standard Methods Online” method 6651 (19th, 20th), “Glyphosate Herbicide Liquid Chromatographic Postcolumn Fluorescence Method”. Method 6651 may be used to measure glyphosate.

(bb) “Syngenta” method AG-625, “Atrazine in Drinking Water by Immunoassay”. Copies may be obtained from Syngenta Crop Protection, P.O. Box 18300, Greensboro, NC, 27419, 800-334-9481×2368.

(C) Analyses conducted to determine compliance with rules 3745-81-10, 3745-81-70 to 3745-81-74, and 3745-83-01 of the Administrative Code shall use the following methods. The analytical methods referred to as “Standard Methods” sections in paragraphs (C)(1) to (C)(3) of this rule are printed in the indicated sections of the eighteenth, nineteenth and twentieth editions of “Standard Methods for the Examination of Water and Wastewater, by the American Public Health Association, American Water Works Association, and Water Pollution Control Association, dated 1992, 1995 and 1998 respectively.” “Standard Methods Online” stands for online versions of “Standard Methods for the Examination of Water and Wastewater”. These methods can be found at www.standardmethods.org. The accepted version of the method is incorporated into the name of the online method. The method referred to as EMSL93 Method 300.0 in paragraph (C)(4) of this rule may be found in the manual defined in paragraph (A) of this rule as EMSL93.

Methods which have been determined to be equivalent to an approved method, by USEPA Alternative Test Procedure (ATP) program at the Office of Ground Water and Drinking Water’s Technical Support Center (OGWDW/TSC), may be used for compliance monitoring. Equivalent methods will be referenced as the method is listed in rule 3745-81-27 with no special notation. The letter of equivalence issued by USEPA’s ATP program at OGWDW/TSC must be maintained by the certified laboratory and be available for verification

(1) Residual disinfectant concentrations shall be analyzed by the following methods from “Standard Methods”, subject to some corrections published in “Technical Notes” (defined in paragraph (A) of this rule).

(a) Residual disinfectant concentrations for free chlorine and combined chlorine (chloramines) shall be measured by persons acceptable to the director. Residual disinfectant concentrations shall be measured by a method in section 4500-Cl D (19th, 20th) (amperometric titration method) for free or total chlorine, section 4500-Cl E (19th, 20th) for total chlorine (low-level amperometric titration method), section 4500-CI F (19th, 20th) (DPD ferrous titrimetric method) for free or total chlorine, section 4500-Cl G (19th, 20th) (DPD colorimetric method) for free or total chlorine, section 4500-Cl H (19th, 20th) (syringaldazine (FACTS) method) for free chlorine, section 4500-Cl I (19th, 20th) (iodometric electrode technique) for total chlorine, or “Standard Methods Online” section 4500-Cl D-00, section 4500-Cl E-00, section 4500-CI F-00, section 4500-Cl G-00, section 4500-Cl H-00, section 4500-Cl I-00. Residual disinfectant concentrations for free chlorine and combined chlorine may also be measured by using DPD colorimetric test kits. A DPD colorimetric test kit acceptable to the director is one that uses electronic measurement of the color development. It shall also have a digital display of the result. DPD colorimetric test kits with an analog display are not acceptable for use. An acceptable DPD colorimetric test kit shall have a method detection limit of 0.1mg/l. A written protocol for quantitative dilution of samples shall be kept on file. This protocol shall be approved by the director before a colorimeter is approved for use for determining compliance with the MRDL for total chlorine.

(b) Residual disinfectant concentrations for chlorine dioxide shall be measured by persons acceptable to the director and using a method in section 4500-ClO 2 C (18th, 19th, 20th) (amperometric method I) or section 4500-ClO 2 D (18th, 19th, 20th) (DPD method) or section 4500-ClO 2 E (18th, 19th, 20th)(amperometric method II), or “Standard Methods Online” section 4500-ClO 2 C-00 or 4500-ClO 2 D-00 or 4500-ClO 2 E-00, or EPA Method 327.0 Rev. 1.1. An acceptable DPD colorimetric test kit may be used for determining chlorine dioxide by “Standard Methods” nineteenth edition 4500-ClO 2 .

(c) Residual disinfectant concentrations for ozone shall be measured by the method in section 4500-O 3 B (indigo colorimetric method), or “Standard Methods Online” section 4500-O 3 B-97, or automated methods which are calibrated in reference to the results obtained by the indigo method on a regular basis, if approved by the director.

(2) Measurements of the plant control tests shall be conducted by a person designated on a valid laboratory certificate of approval as required under rule 3745-89-03 of the Administrative Code and using the following methods.

(a) Alkalinity: “Standard Methods” section 2320 (18th, 19th, 20th) or “Standard Methods Online” section 2320 B-97 (alkalinity).

(b) Alkalinity Stability: “Standard Methods” section 2330 (18th,19th,20th) (Langelier’s Index).

(c) pH: “Standard Methods” section 4500-H+ B (18th, 19th, 20th), or “Standard Methods Online” section 4500-H+ B-00 (pH value), or EPA method 150.1 (electrometric) or 150.2 (continuous monitoring electrometric).

(3) Turbidity shall be measured by a person designated on a valid certificate of approval as required under rule 3745-89-03 of the Administrative Code and using “Standard Methods” section 2130 B (18th, 19th, 20th) or “Standard Methods Online” section 2130 B-01 (nephelometric method); USEPA method 180.1 Rev. 2.0 (nephelometric) as described in “Methods for the Determination of Inorganic Substances in Environmental Samples, EPA-600/R-93-100, August 1993,” which is available from the “National Technical Information Service (NTIS)” as PB94-121811; or “Great Lakes Instruments Method 2”, November 2, 1992, with information available from GLI International, Inc., 9020 West Dean Road, Milwaukee, Wisconsin, 53224, telephone number 414-355-3601. “Hach” FilterTrak 10133, “Determination of Turbidity by Laser Nephelometry” Copies may be obtained from Hach Co., P.O. Box 389, Loveland, CO 80539-0389, 800-227-4224. Some additional calibration information is given in “Technical Notes”.

(4) Analysis to determine compliance with rule 3745-81-77 of the Administrative Code shall be conducted by a person designated on a valid laboratory certificate of approval as required under rule 3745-89-03 of the Administrative Code and using the following methods. This requirement also applies to public water systems measuring bromide to qualify for reduced bromate monitoring under paragraph (L)(6) of rule 3745-81-23 of the Administrative Code.

(a) Alkalinity: “Standard Methods” section 2320 B or U.S. Geological Survey Method I-1030-85.

(b) Bromide: EMSL93 Method 300.0 or EPA Method 300.1. “EPA method 300.1” stands for “USEPA Method 300.1, Determination of Inorganic Anions in Drinking Water by Ion Chromatography, Revision 1.0,” dated 1997 and designated EPA/600/R-98/118, available from NTIS as PB98-169196.

(c) Magnesium: “Standard Methods” section 3111 B or 3120 B or 3500-Mg E or EMSL 94 Method 200.7.

(d) Total organic carbon (TOC) or dissolved organic carbon (DOC): supplement to “Standard Methods” section 5310 B (18th, 19th, 20th) (high-temperature combustion method) or 5310 C (18th, 19th, 20th)(persulfate-ultraviolet or heated-persulfate oxidation method) or 5310 D (18th, 19th 20th)(wet-oxidation method), or “Standard Methods Online” section 5310 B-00 or 5310 C-00 or 5310 D-00, or EPA Method 415.3 Rev. 1.1, “Determination of Total Organic Carbon and Specific UV Absorbance at 254 nm in Source Water and Drinking Water”.

(e) Ultraviolet absorption at 254 nm (UV254). “Standard Methods” 5910 B (18th, 19th, 20th) or “Standard Methods Online” section 5910 B-00 (ultraviolet absorption method), or EPA Method 415.3 Rev. 1.1, “Determination of Total Organic Carbon and Specific UV Absorbance at 254 nm in Source Water and Drinking Water”.

(f) pH: “Standard Methods” section 4500-H+ B (18th, 19th, 20th) or “Standard Methods Online” section 4500-H+ B-00 (pH value).

(D) Analyses conducted to determine compliance with rules 3745-81-14 and 3745-81-21 of the Administrative Code shall be conducted by a person designated on a valid laboratory certificate of approval as required under rule 3745-89-03 of the Administrative Code.

The approved analytical methods in this paragraph are in the twentieth edition of “Standard Methods for the Examination of Water and Wastewater, by the American Public Health Association, American Water Works Association, and Water Pollution Control Federation, 1998,” referred to as “Standard Methods” in the rest of this paragraph.

(1) The standard sample volume required for a total coliform analysis is one hundred milliliters. The time from sample collection to initiation of analysis shall not exceed thirty hours. Systems are encouraged but not required to hold samples below ten degrees Celsius during transit.

(2) Total coliform analyses shall be conducted in accordance with one of the following methods.

(a) Membrane filter (MF) technique, as set forth in “Standard Methods” section 9222 B.

(b) Enzyme substrate coliform test (MMO-MUG), as partially described in “Standard Methods” section 9223 and further explained in the twentieth (1998) edition of “Standard Methods” section 9223. Colilert-18 is referenced as 9223-18 for certification purposes.

(3) Fecal coliform analysis, for cases in which membrane filter analysis gives total coliform-positive results, shall use EC medium. Nutrient EC medium preparation is described on page 9-54 of “Standard Methods”.

(a) The total coliform-positive culture is transferred by the following method:

(i) Swab the entire membrane filter surface with a sterile swab and transfer the inoculum to EC medium (do not leave the swab in the EC medium).

(b) Gently shake the inoculated tubes of EC medium to ensure adequate mixing and incubate in a waterbath at 44.5 ± 0.2 degrees Celsius for twenty-four plus or minus two hours. Gas production of any amount in the inner fermentation tube of the EC medium indicates a positive fecal coliform test. Public water systems need only determine the presence or absence of fecal coliforms; a determination of fecal coliform density is not required.

(4) Escherichia coli (E. coli) analysis shall be done by a method identified in paragraph (D)(2)(b) of this rule. These methods allow simultaneous determination of the presence or absence of total coliforms and E. coli when applied to drinking water samples, but they are not approved for determining whether bacteria samples resulting from membrane filter tests contain E. coli.

(E) The methods listed in Table A shall be used to determine compliance with rules 3745-81-15 and 3745-81-26 of the Administrative Code (radioactivity) except in cases where alternative approaches have been approved by the United States environmental protection agency or the director.

Table A. Radionuclide analytical methods.

Contaminant Methodology Reference (method or page number)

EPA1 EPA2 EPA3 EPA4 SM5

Gross alpha6 and beta. Evaporation 900.0 p 1 00-01 p 1 302, 7110 B

Gross alpha6 Co-precipitation 00-02 7110 C

Radium 226 Radon emanation 903.1 p 16 Ra-04 p 19 7500-Ra C

Radio chemical 903.0 p 13 Ra-03 304, 305, 7500-Ra B

Radium 228 Radio chemical 904.0 p 24 Ra-05 p 19 304, 7500-Ra D

Uranium7 Radio chemical 908.0 7500-U B

Fluorometric 908.1 7500-U C (17th Ed.)

Alpha spectrometry 00-07 p 33 7500-U C (18th or 19th Ed.).

Radioactive cesium Radio chemical 901.0 p 4 7500-Cs B

Gamma ray spectrometry 901.1 p 92 7120 (19th Ed.)

Radioactive iodine Radio chemical 902.0 p 6 p9 7500-I B 7500-I C 7500 I-D

Gamma ray spectrometry. 901.1 p 92 7120 (19th Ed.)

Radioactive Strontium 89, 90 Radio chemical 905.0 p 29 Sr-04 p. 65 303, 7500-Sr B

Tritium Liquid scintillation 906.0 p 34 H-02 p. 87 306, 7500-3H B

Gamma emitters Gamma ray 901.1 p 92 7120 (19th Ed.)

Spectrometry 902.0 901.0 7500-Cs B 7500-I B

1 “Prescribed Procedures for Measurement of Radioactivity in Drinking Water”, EPA 600/4-80-032, August 1980. Available at U.S. Department of Commerce, National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, VA 22161 (Telephone 800-553-6847), PB 80-224744.

2 “Interim Radiochemical Methodology for Drinking Water”, EPA 600/4-75-008 (revised), March 1976. Available at NTIS, ibid. PB 253258.

3 “Radiochemistry Procedures Manual”, EPA 520/5-84-006, December 1987. Available at NTIS, ibid. PB 84-215581.

4 “Radiochemical Analytical Procedures for Analysis of Environmental Samples”, March 1979. Available at NTIS, ibid. EMSL LV 053917.

5 “Standard Methods for the Examination of Water and Wastewater”, thirteenth, seventeenth, eighteenth, nineteenth and twentieth editions, 1971, 1989, 1992, 1995 and 1998. Available at American Public Health Association, 1015 Fifteenth Street N.W., Washington, D.C. 200005. All methods are in the seventeenth, eighteenth, nineteenth and twentieth editions except 7500-U C Fluorometric Uranium was discontinued after the 17th Edition, 7120 Gamma Emitters is only in the 19th Edition, and 302, 303, 304, 305 and 306 are only in the 13th Edition.

6 Natural uranium and thorium-230 are approved as gross alpha calibration standards for gross alpha with co-precipitation and evaporation methods; americium-241 is approved with co-precipitation methods.

7 If uranium (U) is determined by mass, a 0.67 pCi/g of uranium conversion factor must be used. This conservative factor is based on the 1:1 activity ratio of U-234 to U-238 that is characteristic of naturally occurring uranium.

(F) Analyses for water quality parameters required by rule 3745-81-87 of the Administrative Code shall be made in accordance with methods listed in paragraph (A) of this rule for calcium, orthophosphate, and silica and shall be made in accordance with methods listed in paragraph (C) of this rule for alkalinity, conductivity, pH, and temperature. As long as the methods are properly followed, these analyses do not have to be performed in a laboratory approved by the director nor does the person performing these analyses have to be designated on a valid laboratory certificate of approval.

(G) Analytical techniques alternative to those of this rule may be used only with the written approval of the director, concurred in by the administrator of the United States environmental protection agency. An alternative technique shall be acceptable only if it is substantially equivalent to the prescribed test in both precision and accuracy as it relates to the determination of compliance with any maximum contaminant level or monitoring requirements. The use of an alternative analytic technique shall not decrease the frequency of monitoring required by this chapter.

[Comment: The inorganic chemical analysis methods are described in books and manuals referred to in this rule as “Standard Methods”, “Technical Notes”, EMSL94, and EMSL93. The United States environmental protection agency books and manuals are available from the “National Technical Information Service (or NTIS), United States Department of Commerce, 5285 Port Royal Road, Springfield, Virginia 22161,” with telephone number 800-553-6847. A copy of the eighteenth, nineteenth or twentieth edition of Standard Methods may be obtained from “AWWA Bookstore, 6666 W Quincy Avenue, Denver, CO, 80235-3098,” (303) 795-2114. These documents are available for review at “Ohio EPA, Lazarus Government Center, 122 South Front Street, Columbus, OH, 43215-3425”]

[Comment: The organic chemical analysis methods referred to in this rule are included in manuals prepared by the “Environmental Monitoring Systems Laboratory-Cincinnati of the United States Environmental Protection Agency (USEPA).” These manuals may be purchased from the “National Technical Information Service (NTIS), U.S. Department of Commerce, 5285 Port Royal Road, Springfield, Virginia 22161,” with telephone number 800-553-6847. They are also available to government agencies from “ORD Publications, 26 West MLK Drive, Cincinnati, Ohio 45268-1072,” with telephone number 513-569-7562. These documents are available for review at “Ohio EPA, Lazarus Government Center, 50 West Town Street, Columbus, OH, 43215-3425”]

[Comment: Except for the colisure test, the approved bacteriological analytical methods referred to in this rule are the eighteenth, nineteenth or twentieth edition of “Standard Methods for the Examination of Water and Wastewater, by the American Public Health Association, American Water Works Association, and Water Pollution Control Federation”, dated 1992, 1995 and 1998 respectively. A copy of the eighteenth, nineteenth or twentieth edition of Standard Methods may be obtained from “AWWA Bookstore, 6666 W Quincy Avenue, Denver, CO, 80235-3098,” (303) 795-2114. These documents are available for review at “Ohio EPA, Lazarus Government Center, 122 South Front Street, Columbus, OH, 43215-3425” A copy of the Colisure test may be obtained from “Millipore Corporation, Technical Services Department, 80 Ashby Road, P.O. Box 9125, Bedford, Massachusetts 01730-9125,” 800-645-5476. This document is available for review at “Ohio EPA, Lazarus Government Center, 50 West Town Street, Columbus, OH, 43215-3425” ]

Effective: 10/13/2008

R.C. 119.032 review dates: 07/10/2008 and 07/10/2013

Promulgated Under: 119.03

Statutory Authority: 6109.03, 6109.04

Rule Amplifies: 6109.04

Prior Effective Dates: 12/12/78, 5/22/89, 12/31/90, 9/13/93, 4/1/96, 01/01/02, 06/28/03

Analytical results for the purpose of determining compliance with this chapter may be considered only if they have been determined and reported by a laboratory certified by or otherwise acceptable to the director under Chapter 3745-89 of the Administrative Code, except that measurements for free, total, or combined chlorine residual may be performed by any person acceptable to the director and reported to the director by the public water system.

HISTORY: Eff 12-27-78; 5-22-89; 4-1-99; 11-1-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 6109.04

Rule amplifies: RC 6109.04

R.C. 119.032 review dates: 08/03/2009 and 08/03/2014

When a public water system supplies water to one or more other public water systems, teh director may modify the monitoring requirements imposed by this chapter to the extent that the interconnection of the systems justifies treating them as a single system for monitoring purposes. Any modified monitoring shall be conducted pursuant to a schedule specified by the director and concurred in by the administrator of the U.S. environmental protection agency.

HISTORY: Eff 12-27-78

Rule promulgated under: Section 3, Am. Sub. S.B. 445 112th General Assembly

Rule amplifies: RC 6109.04

(A) Except where a different reporting period is specified in this chapter, the public water system is responsible for ensuring that the results of a test, measurement, or analysis required to be made by this chapter are reported to the director within the first ten days following the month in which the result is received for that test, measurement, or analysis or within the first ten days following the end of the required monitoring period as specified by the director, whichever occurs first.

(B) The public water system shall report to the director within forty-eight hours the failure to comply with any requirement of state primary drinking water rules.

HISTORY: Eff 12-27-78; 9-13-93; 4-1-99

Rule promulgated under: RC Chapter 119.

Rule authorized by: RC 6109.04

Rule amplifies: RC 6109.04

R.C. 119.032 review dates: 10-23-03; 10-23-08

(A) General requirements for public notification by public water systems.

(1) The owner or operator of a public water system shall provide public notice to persons served by that public water system in accordance with this rule. Public water systems that sell or otherwise provide drinking water to other public water systems (i.e., to consecutive systems) are required to give public notice in accordance with this rule to the owner or operator of the consecutive system; the consecutive system is responsible for providing public notice in accordance with this rule to the persons it serves.

(2) If a community public water system has a violation in a portion of the distribution system that is physically or hydraulically isolated from other parts of the distribution system as described in the emergency contingency plan required by Chapter 3745-85 of the Administrative Code, the director may allow the system to limit distribution of the public notice to only persons served by that portion of the system which is out of compliance. Permission for limited distribution shall be granted in writing by the director.

(3) The public water system, within ten days of completing the public notification requirements under this rule for the initial public notice and any repeat notices, must submit to the director a completed verification form indicating that is has fully complied with the public notification regulations. The public water system must include with this certification a representative copy of each type of notice distributed, published, posted, and made available to the persons served by the system and to the media.

(B) Tier 1 public notification requirements

(1) The owner or operator of a public water system with any of the following violations or situations that may pose an acute risk to human health, shall notify the persons served by the public water system in accordance with paragraph (B)(3) of this rule:

(a) Any violation or situation specified by the director as posing an acute risk to human health.

(b) Violation of the maximum contaminant level (MCL) for nitrate and nitrite as established in rule 3745-81-11 of the Administrative Code and determined according to rule 3745-81-23 of the Administrative Code.

(c) Violation of the maximum contaminant level for total coliforms, as specified in paragraph (C) of rule 3745-81-14 of the Administrative Code.

(d) Violation of monitoring and reporting repeat samples for total coliforms, as specified in paragraph (B) of rule 3745-81-21 of the Administrative Code.

(e) Occurrence of a waterborne disease outbreak in a public water system, as defined in rule 3745-81-01 of the Administrative Code, or waterborne emergency as specified by the director.

(f) Violation of the maximum residual disinfectant level (MRDL) for chlorine dioxide as defined in rule 3745-81-10 of the Administrative Code and determined according to rule 3745-81-70 of the Administrative Code.

(g) Exceedance of the turbidity level in representative samples of filtered water as specified in paragraph (E) of rule 3745-81-75 of the Administrative Code and one or more of the following occurs:

(i) The public water system fails to consult with the director within twenty-four hours after learning of the violation;

(ii) Any failure in an individual treatment process where the treatment process does not operate as designed and approved;

(iii) The director determines after consultation that a Tier 1 notice is required.

(2) The owner or operator of a public water system with a physical or operational disruption shall notify the persons served in the affected area of the public water system in accordance with paragraph (B)(3) of this rule when any sample (including special purpose samples) taken after minimum pressure falls below twenty pounds per square inch gauge at ground level and within the affected area of disruption is determined to be E. coli positive or fecal coliform positive.

(a) Tier 1 notice is not required if the system issued a precautionary notice as approved by the director through the public water system’s contingency plan required by Chapter 3745-85 of the Administrative Code and a follow-up notice identifying the E. coli or fecal coliform results is issued to persons who received the preliminary notice.

(b) The Tier 1 notice shall remain in effect until total coliforms are not detected in consecutive samples collected twenty-four hours apart. The number of samples to be collected each day must be representative of the affected area, but shall not be less than two samples per day.

(3) Public water systems shall:

(a) Provide a public notice as soon as practical but no later than twenty-four hours after the system learns of the violation or situation, using one or more of the following forms of delivery in order to reach all persons served:

(i) Appropriate broadcast media (such as radio and television);

(ii) Posting of the notice in conspicuous locations throughout the area served by the water system;

(iii) Hand delivery of the notice to persons served by the water system; or

(iv) Another delivery method approved in writing by the director.

(b) Initiate consultation with the director as soon as practical, but no later than twenty -four hours after the public water system learns of the violation or situation, to determine additional public notice requirements; and

(c) Comply with any additional public notification requirements (including any repeat notices or direction on the duration of the posted notices) that are established as a result of the consultation with the director. Such requirements may include the timing, form, manner, frequency, and content of repeat notices (if any) and other actions designed to reach all persons served.

(C) Tier 2 public notification requirements

(1) The owner or operator of a public water system with any of the following violations or situations shall notify the persons served by the public water system in accordance with paragraph (C)(2) of this rule:

(a) All violations of the MCL, MRDL, and treatment technique requirements pursuant to this chapter, except those specified in paragraph (B)(1) of this rule.

(b) Any other violation or situation specified by the director.

(2) Public water systems shall:

(a) Provide a public notice as soon as practical, but no later than thirty days after the system learns of the violation or situation.

(i) Community public water systems shall provide notice using the following forms of delivery in order to reach all persons served:

(a) Mail or other direct delivery to each customer receiving a bill and to other service connections to which water is delivered by the public water system; and

(b) Any other method reasonably calculated to reach other persons regularly served by the system, if they would not normally be reached by the notice required in paragraph (C)(2)(a)(i)(a) of this rule. Such persons may include those who do not pay water bills or do not have service connection addresses (e.g., house renters, apartment dwellers, university students, nursing home patients, prison inmates, etc.). Other methods may include: publication in a local newspaper; delivery of multiple copies for distribution by customers that provide their drinking water to others (e.g., apartment building owners or large private employers); posting in public places served by the system or on the Internet; or delivery to community organizations. If the public notice is posted, the notice shall remain in place for as long as the violation or situation persists, but in no case for less than seven days, even if the violation or situation is resolved.

(ii) Noncommunity public water systems shall provide notice using the following forms of delivery in order to reach all persons served:

(a) Posting the notice in conspicuous locations throughout the distribution system frequented by persons served by the system, or by mail or direct delivery to each customer and service connection (where known). If the public notice is posted, the notice shall remain in place for as long as the violation or situation persists, but in no case for less than seven days, even if the violation or situation is resolved; and

(b) Any other method reasonably calculated to reach other persons served by the system if they would not normally be reached by the notice required in paragraph (C)(2)(a)(ii)(a) of this rule. Such persons may include those served who may not see a posted notice because the posted notice is not in a location they routinely pass by. When the persons served are children, such as in schools, their parents or legal guardians shall be notified. Other methods may include: publication in a local newspaper or newsletter distributed to customers; use of E-mail to notify employees or students and parents or legal guardians; or delivery of multiple copies in central locations (e.g., community centers).

(b) The public water system shall repeat the notice every three months as long as the violation or situation persists, unless the director determines that appropriate circumstances warrant a different repeat notice frequency. In no circumstances may the repeat notice be given less frequently than once per year. Permission to issue repeat notices less frequently than once every three months must be granted in writing by the director.

(c) For turbidity violations specified in paragraph (E) of rule 3745-81-75 of the Administrative Code, public water systems shall consult with the director as soon as practical but no later than twenty four hours after the public water system learn of the violation. When the director determines after consultation that a Tier 1 notice is required, or when consultation does not take place within the twenty -four- hour period, the water system shall distribute notice of the violation within the next twenty four hours (i.e., no later than forty eight hours after the system learns of the violation) in accordance with paragraph (B) of this rule.

(D) Tier 3 public notification requirements

(1) The owner or operator of a public water system with any of the following violations or situations shall notify the persons served by the public water system in accordance with paragraphs (D)(2) and (D)(3) of this rule:

(a) Violations of the monitoring and testing procedure requirements pursuant to this chapter;

(b) Exceedance of the fluoride secondary maximum contaminant level (SMCL) as specified in Chapter 3745-82 of the Administrative Code;

(c) Availability of unregulated contaminant monitoring results, as required by 40 CFR Section 141.207 (March 25, 2003); or

(d) Any other violation or situation specified by the director.

(2) Community public water systems shall provide notice as soon as practical, but no later than one year after the public water system learns of the violation or situation. The following forms of delivery shall be used in order to reach all persons served:

(a) Mail or other direct delivery to each customer receiving a bill and to other service connections to which water is delivered by the public water system; and

(b) Any other method reasonably calculated to reach other persons regularly served by the system, if they would not normally be reached by the notice required in paragraph (D)(2)(a)(i)(a) of this rule. Such persons may include those who do not pay water bills or do not have service connection addresses (e.g., house renters, apartment dwellers, university students, nursing home patients, prison inmates, etc.). Other methods may include: publication in a local newspaper; delivery of multiple copies for distribution by customers that provide their drinking water to others (e.g., apartment building owners or large private employers); posting in public places or on the Internet; or delivery to community organizations. If the public notice is posted, the notice shall remain in place for as long as the violation or other situation persists, but in no case less than seven days (even if the violation or situation is resolved).

(c) The consumer confidence report (CCR) required under Chapter 3745-96 of the Administrative Code may be used as a vehicle for the initial public notice and all required repeat notices, as long as:

(i) The CCR is provided to persons served within the time frames specified in paragraph (D)(2)(a) of this rule; and

(ii) The notice contained in the CCR follows the content requirements under this rule; and

(iii) The CCR is distributed following the delivery requirements in this rule.

(3) Noncommunity water systems shall provide notice as soon as practical, but no later than thirty days after the public water system learns of the violation or situation. The following forms of delivery shall be used in order to reach all persons served:

(a) Posting the notice in conspicuous locations through the distribution system frequented by persons served by the system, or by mail or direct delivery to each customer and service connection (where known). If the public notice is posted, the notice shall remain in place for as long as the violation or other situation persists, but in no case less than seven days (even if the violation or situation is resolved); and

(b) Any other method reasonably calculated to reach other persons served by the system, if they would not normally be reached by the notice required in paragraph (D)(3)(a) of this rule. Such persons may include those who may not see a posted notice because the notice is not in a location they routinely pass by. When the persons served are children, such as in schools, their parents or legal guardians shall be notified. Other methods may include: publication in a local newspaper or newsletter distributed to customers; use of E-mail to notify employees or students and parents or legal guardians; or, delivery of multiple copies in central locations (e.g., community centers).

(4) For methods other than posting, the public water system shall repeat the notice annually for as long as the violation or other situation persists.

(5) For violations of the fluoride SMCL, the public water system shall send a copy of the notice to the local health department and the “Ohio Department of Health, Bureau of Oral Health Services.”

(E) Content of public notices

(1) Each public notice shall include the following elements:

(a) A description of the violation or situation, including the contaminant(s) of concern, the MCL, and (as applicable) the contaminant level(s);

(b) When the violation or situation occurred;

(c) Any potential adverse health effects from the violation or situation, including:

(i) Standard health effects language specified in table 1 of this rule, including the language necessary to fill in the blanks, for MCL, MRDL, treatment technique, or fluoride SMCL exceedances, or

(ii) Standard language for monitoring and testing procedure violations, including the language necessary to fill in the blanks: “We are required to monitor your drinking water for specific contaminants on a regular basis. Results of regular monitoring are an indicator of whether or not your drinking water meets health standards. During [compliance period], we “did not monitor or test” or “did not complete all monitoring or testing” for [contaminant(s)], and therefore cannot be sure of the quality of your drinking water during that time.”

(d) The population at risk, including subpopulations particularly vulnerable if exposed to the contaminant in their drinking water;

(e) Whether alternative water supplies should be used;

(f) What actions consumers should take, including when they should seek medical help, if known;

(g) What the system is doing to correct the violation or situation;

(h) When the water system expects to return to compliance or resolve the situation;

(i) The name, business address, and phone number of the water system owner, operator, or designee of the public water system as a source of additional information concerning the notice; and

(j) A statement to encourage the notice recipient to distribute the public notice to other persons served, using the following standard language: “Please share this information with all the other people who drink this water, especially those who may not have received this notice directly (for example, people in apartments, nursing homes, schools, and businesses). You can do this by posting this notice in a public place or distributing copies by hand or mail.”

(2) Presentation of the public notice

(a) Each public notice required by this section:

(i) Shall be displayed in a conspicuous way when printed or posted;

(ii) Shall not contain overly technical language or very small print;

(iii) Shall not be formatted in a way that defeats the purpose of the notice;

(iv) Shall not contain language which nullifies the purpose of the notice.

(b) For public water systems serving a large proportion of non-English speaking consumers, defined as ten percent or more of the residents speaking the same non-English language, the public notice shall contain information in the appropriate language(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 notice or to request assistance in the appropriate language.

(3) Notice to new billing units or new customers.

(a) Community water systems shall give a copy of the most recent public notice for any continuing violation, or other ongoing situations requiring a public notice to all new billing units or new customers prior to or at the time service begins.

(b) Noncommunity water systems shall continuously post the public notice in conspicuous locations in order to inform new consumers of any continuing violation or other situation requiring a public notice for as long as the violation or other situation persists.

(F) The director may give the notice required by this rule when the owner or operator of a public water system fails or refuses to comply with the requirements of this rule. However, the owner or operator of a public water system remains responsible for ensuring that the requirements of this rule are satisfied.

Table 1: Standard Health Effects Language for Public Notification

Contaminant Standard Health Effects Language for Public Notification

A. Microbiological Contaminants

1a. Total coliform Coliforms are bacteria that are naturally present in the environment and are used as an indicator that other, potentially-harmful, bacteria may be present. Coliforms were found in more samples than allowed and this was a warning of potential problems.

1b. Fecal coliform/E. coli Fecal coliforms and E. coli are bacteria whose presence indicates that the water may be contaminated with human or animal wastes. Microbes in these wastes can cause short-term effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a special health risk for infants, young children, some of the elderly, and people with severely compromised immune systems.

2. Turbidity Turbidity has no health effects. However, turbidity can interfere with disinfection and provide a medium for microbial growth. Turbidity may indicate the presence of disease-causing organisms. These organisms include bacteria, viruses, and parasites that can cause symptoms such as nausea, cramps, diarrhea and associated headaches.

B. Surface Water Treatment Rule1 and Interim Enhanced Surface Water Treatment Rule2 Violations

3. Giardia lamblia Inadequately treated water may contain disease-causing organisms. These organisms include bacteria, viruses, and parasites which can cause symptoms such as nausea, cramps, diarrhea, and associated headaches.

4. Viruses

5. Heterotrophic plate count (HPC) bacteria

6. Legionella

7. Cryptosporidium

C. Inorganic Chemicals (IOCs)

8. Antimony Some people who drink water containing antimony well in excess of the MCL over many years could experience increases in blood cholesterol and decreases in blood sugar.

9. Arsenic Some people who drink water containing arsenic in excess of the MCL over many years could experience skin damage or problems with their circulatory system, and may have an increased risk of getting cancer.

10. Asbestos (greater than 10 em) Some people who drink water containing asbestos in excess of the MCL over many years may have an increased risk of developing benign intestinal polyps.

11. Barium Some people who drink water containing barium in excess of the MCL over many years could experience an increase in their blood pressure.

12. Beryllium Some people who drink water containing beryllium well in excess of the MCL over many years could develop intestinal lesions.

13. Cadmium Some people who drink water containing cadmium in excess of the MCL over many years could experience kidney damage.

14. Chromium (total) Some people who use water containing chromium well in excess of the MCL over many years could experience allergic dermatitis.

15. Cyanide (as free cyanide) Some people who drink water containing cyanide well in excess of the MCL over many years could experience nerve damage or problems with their thyroid.

16a. Fluoride (MCL) Some people who drink water containing fluoride in excess of the MCL over many years could get bone disease, including pain and tenderness of the bones. Fluoride in drinking water at half the MCL or more may cause mottling of children’s teeth, usually in children less than nine years old. Mottling, also known as dental fluorosis, may include brown staining and/or pitting of the teeth, and occurs only in developing teeth, before they erupt from the gums.

16b. Fluoride (Secondary MCL) This is an alert about your drinking water and a cosmetic dental problem that might affect children under nine years of age. At low levels, fluoride can help prevent cavities, but children drinking water containing more than 2 milligrams per liter (mg/l) of fluoride may develop cosmetic discoloration of their permanent teeth (dental fluorosis). The drinking water provided by your public water system [name] has a fluoride concentration of [insert value] mg/l. Dental fluorosis, in its moderate or severe forms, may result in a brown staining and/or pitting of the permanent teeth. This problem occurs only in developing teeth, before they erupt from the gums. Children under nine should be provided with alternative sources of drinking water or water that has been treated to remove the fluoride to avoid the possibility of staining and pitting of their permanent teeth. You may also want to contact your dentist about proper use by young children of fluoride-containing products. Older children and adults may safely drink the water. Drinking water containing more than 4 mg/L of fluoride (the U.S. Environmental Protection Agency’s drinking water standard) can increase your risk of developing bone disease. Your drinking water does not contain more than 4 mg/l of fluoride, but we’re required to notify you when we discover that the fluoride levels in your drinking water exceed 2 mg/l because of this cosmetic dental problem. For more information, please call [name of water system contact] of [name of water system] at [phone number]. Some home water treatment units are also available to remove fluoride from drinking water. To learn more about available home water treatment units, you may call NSF International at 1-877-8-NSF-HELP.

17. Mercury (inorganic) Some people who drink water containing inorganic mercury well in excess of the MCL over many years could experience kidney damage.

18. Nitrate Infants below the age of six months who drink water containing nitrate in excess of the MCL could become seriously ill and, if untreated, may die. Symptoms include shortness of breath and blue-baby syndrome.

19. Nitrite Infants below the age of six months who drink water containing nitrite in excess of the MCL could become seriously ill and, if untreated, may die. Symptoms include shortness of breath and blue-baby syndrome.

20. Total Nitrate and Nitrite Infants below the age of six months who drink water containing nitrate and nitrite in excess of the MCL could become seriously ill and, if untreated, may die. Symptoms include shortness of breath and blue baby syndrome.

21. Selenium Selenium is an essential nutrient. However, some people who drink water containing selenium in excess of the MCL over many years could experience hair or fingernail losses, numbness in fingers or toes, or problems with their circulation.

22. Thallium Some people who drink water containing thallium in excess of the MCL over many years could experience hair loss, changes in their blood, or problems with their kidneys, intestines, or liver.

D. Lead and Copper

23. Lead Infants and children who drink water containing lead in excess of the action level could experience delays in their physical or mental development. Children could show slight deficits in attention span and learning abilities. Adults who drink this water over many years could develop kidney problems or high blood pressure.

24. Copper Copper is an essential nutrient, but some people who drink water containing copper in excess of the action level over a relatively short amount of time could experience gastrointestinal distress. Some people who drink water containing copper in excess of the action level over many years could suffer liver or kidney damage. People with Wilson’s Disease should consult their personal doctor.

E. Synthetic Organic Chemicals (SOCs)

25. 2,4-D Some people who drink water containing the weed killer 2,4-D well in excess of the MCL over many years could experience problems with their kidneys, liver, or adrenal glands.

26. 2,4,5-TP (Silvex) Some people who drink water containing silvex in excess of the MCL over many years could experience liver problems.

27. Alachlor Some people who drink water containing alachlor in excess of the MCL over many years could have problems with their eyes, liver, kidneys, or spleen, or experience anemia, and may have an increased risk of getting cancer.

28. Atrazine Some people who drink water containing atrazine well in excess of the MCL over many years could experience problems with their cardiovascular system or reproductive difficulties.

29. Benzo(a)pyrene (PAHs) Some people who drink water containing benzo(a)pyrene in excess of the MCL over many years may experience reproductive difficulties and may have an increased risk of getting cancer.

30. Carbofuran Some people who drink water containing carbofuran in excess of the MCL over many years could experience problems with their blood, or nervous or reproductive systems.

31. Chlordane Some people who drink water containing chlordane in excess of the MCL over many years could experience problems with their liver, or nervous system, and may have an increased risk of getting cancer.

32. Dalapon Some people who drink water containing dalapon well in excess of the MCL over many years could experience minor kidney changes.

33. Di (2-ethylhexyl) adipate Some people who drink water containing di (2-ethylhexyl) adipate well in excess of the MCL over many years could experience general toxic effects or reproductive difficulties.

34. Di (2-ethylhexyl) phthalate Some people who drink water containing di (2-ethylhexyl) phthalate in excess of the MCL over many years may have problems with their liver, or experience reproductive difficulties, and may have an increased risk of getting cancer.

35. Dibromochloropropane (DBCP) Some people who drink water containing DBCP in excess of the MCL over many years could experience reproductive difficulties and may have an increased risk of getting cancer.

36. Dinoseb Some people who drink water containing dinoseb well in excess of the MCL over many years could experience reproductive difficulties.

37. Dioxin (2,3,7,8-TCDD) Some people who drink water containing dioxin in excess of the MCL over many years could experience reproductive difficulties and may have an increased risk of getting cancer.

38. Diquat Some people who drink water containing diquat in excess of the MCL over many years could get cataracts.

39. Endothall Some people who drink water containing endothall in excess of the MCL over many years could experience problems with their stomach or intestines.

40. Endrin Some people who drink water containing endrin in excess of the MCL over many years could experience liver problems.

41. Ethylene dibromide Some people who drink water containing ethylene dibromide in excess of the MCL over many years could experience problems with their liver, stomach, reproductive system, or kidneys, and may have an increased risk of getting cancer.

42. Glyphosate Some people who drink water containing glyphosate in excess of the MCL over many years could experience problems with their kidneys or reproductive difficulties.

43. Heptachlor Some people who drink water containing heptachlor in excess of the MCL over many years could experience liver damage and may have an increased risk of getting cancer.

44. Heptachlor epoxide Some people who drink water containing heptachlor epoxide in excess of the MCL over many years could experience liver damage, and may have an increased risk of getting cancer.

45. Hexachlorobenzene Some people who drink water containing hexachlorobenzene in excess of the MCL over many years could experience problems with their liver or kidneys, or adverse reproductive effects, and may have an increased risk of getting cancer.

46. Hexachlorocyclopentadiene Some people who drink water containing hexachlorocyclopentadiene well in excess of the MCL over many years could experience problems with their kidneys or stomach.

47. Lindane Some people who drink water containing lindane in excess of the MCL over many years could experience problems with their kidneys or liver.

48. Methoxychlor Some people who drink water containing methoxychlor in excess of the MCL over many years could experience reproductive difficulties.

49. Oxamyl (Vydate) Some people who drink water containing oxamyl in excess of the MCL over many years could experience slight nervous system effects.

50. Pentachlorophenol Some people who drink water containing pentachlorophenol in excess of the MCL over many years could experience problems with their liver or kidneys, and may have an increased risk of getting cancer.

51. Picloram Some people who drink water containing picloram in excess of the MCL over many years could experience problems with their liver.

52. Polychlorinated biphenyls (PCBs) Some people who drink water containing PCBs in excess of the MCL over many years could experience changes in their skin, problems with their thymus gland, immune deficiencies, or reproductive or nervous system difficulties, and may have an increased risk of getting cancer.

53. Simazine Some people who drink water containing simazine in excess of the MCL over many years could experience problems with their blood.

54. Toxaphene Some people who drink water containing toxaphene in excess of the MCL over many years could have problems with their kidneys, liver, or thyroid, and may have an increased risk of getting cancer.

F. Volatile Organic Chemicals (VOCs)

55. Benzene Some people who drink water containing benzene in excess of the MCL over many years could experience anemia or a decrease in blood platelets, and may have an increased risk of getting cancer.

56. Carbon tetrachloride Some people who drink water containing carbon tetrachloride in excess of the MCL over many years could experience problems with their liver and may have an increased risk of getting cancer.

57. Chlorobenzene (monochlorobenzene) Some people who drink water containing chlorobenzene in excess of the MCL over many years could experience problems with their liver or kidneys.

58. o-Dichlorobenzene Some people who drink water containing o-dichlorobenzene well in excess of the MCL over many years could experience problems with their liver, kidneys, or circulatory systems.

59. p-Dichlorobenzene Some people who drink water containing p-dichlorobenzene in excess of the MCL over many years could experience anemia, damage to their liver, kidneys, or spleen, or changes in their blood.

60. 1,2-Dichloroethane Some people who drink water containing 1,2-dichloroethane in excess of the MCL over many years may have an increased risk of getting cancer.

61. 1,1-Dichloroethylene Some people who drink water containing 1,1-dichloroethylene in excess of the MCL over many years could experience problems with their liver.

62. cis-1,2-Dichloroethylene Some people who drink water containing cis-1,2-dichloroethylene in excess of the MCL over many years could experience problems with their liver.

63. trans-1,2-Dichloroethylene Some people who drink water containing trans-1,2-dichloroethylene well in excess of the MCL over many years could experience problems with their liver.

64. Dichloromethane Some people who drink water containing dichloromethane in excess of the MCL over many years could have liver problems and may have an increased risk of getting cancer.

65. 1,2-Dichloropropane Some people who drink water containing 1,2-dichloropropane in excess of the MCL over many years may have an increased risk of getting cancer.

66. Ethylbenzene Some people who drink water containing ethylbenzene well in excess of the MCL over many years could experience problems with their liver or kidneys.

67. Styrene Some people who drink water containing styrene well in excess of the MCL over many years could have problems with their liver, kidneys, or circulatory system.

68. Tetrachloroethylene Some people who drink water containing tetrachloroethylene in excess of the MCL over many years could have problems with their liver, and may have an increased risk of getting cancer.

69. Toluene Some people who drink water containing toluene well in excess of the MCL over many years could have problems with their nervous system, kidneys, or liver.

70. 1,2,4-Trichlorobenzene Some people who drink water containing 1,2,4-trichlorobenzene well in excess of the MCL over many years could experience changes in their adrenal glands.

71. 1,1,1-Trichloroethane Some people who drink water containing 1,1,1-trichloroethane in excess of the MCL over many years could experience problems with their liver, nervous system, or circulatory system.

72. 1,1,2-Trichloroethane Some people who drink water containing 1,1,2-trichloroethane well in excess of the MCL over many years could have problems with their liver, kidneys, or immune systems.

73. Trichloroethylene Some people who drink water containing trichloroethylene in excess of the MCL over many years could experience problems with their liver and may have an increased risk of getting cancer.

74. Vinyl chloride Some people who drink water containing vinyl chloride in excess of the MCL over many years may have an increased risk of getting cancer.

75. Xylenes (total) Some people who drink water containing xylenes in excess of the MCL over many years could experience damage to their nervous system.

G. Radioactive Contaminants

76. Beta/photon emitters Certain minerals are radioactive and may emit forms of radiation known as photons and beta radiation. Some people who drink water containing beta and photon emitters in excess of the MCL over many years may have an increased risk of getting cancer.

77. Alpha emitters (Gross alpha) Certain minerals are radioactive and may emit a form of radiation known as alpha radiation. Some people who drink water containing alpha emitters in excess of the MCL over many years may have an increased risk of getting cancer.

78. Combined radium (226 & 228) Some people who drink water containing radium 226 or 228 in excess of the MCL over many years may have an increased risk of getting cancer.

79. Uranium Some people who drink water containing uranium in excess of the MCL over many years may have an increased risk of getting cancer and kidney toxicity.

H. Disinfection Byproducts (DBPs), Byproduct Precursors, and Disinfectant Residuals: Where disinfection is used in the treatment of drinking water, disinfectants combine with organic and inorganic matter present in water to form chemicals called disinfection byproducts (DBPs). EPA sets standards for controlling the levels of disinfectants and DBPs in drinking water, including trihalomethanes (THMs) and haloacetic acids (HAAs).

80. Total trihalomethanes Some people who drink water containing (TTHMs) trihalomethanes in excess of the MCL over many years may experience problems with their liver, kidneys, or central nervous system, and may have an increased risk of getting cancer.

81. Haloacetic Acids (HAA) Some people who drink water containing haloacetic acids in excess of the MCL over many years may have an increased risk of getting cancer.

82. Bromate Some people who drink water containing bromate in excess of the MCL over many years may have an increased risk of getting cancer.

83. Chlorite Some infants and young children who drink water containing chlorite in excess of the MCL could experience nervous system effects. Similar effects may occur in fetuses of pregnant women who drink water containing chlorite in excess of the MCL. Some people may experience anemia.

84. Chlorine Some people who use drinking water containing chlorine well in excess of the MRDL could experience irritating effects to their eyes and nose. Some people who drink water containing chlorine well in excess of the MRDL could experience stomach discomfort.

85. Chloramines Some people who use drinking water containing chloramines well in excess of the MRDL could experience irritating effects to their eyes and nose. Some people who drink water containing chloramines well in excess of the MRDL could experience stomach discomfort or anemia.

86a. Chlorine dioxide, where any 2 consecutive daily samples taken at the entrance to the distribution system are above the MRDL Some infants and young children who drink water containing chlorine dioxide in excess of the MRDL could experience nervous system effects. Similar effects may occur in fetuses of pregnant women who drink water containing chlorine dioxide in excess of the MRDL. Some people may experience anemia. The chlorine dioxide violations reported today are the result of exceedances at the treatment facility only, not within the distribution system which delivers water to consumers. Continued compliance with chlorine dioxide levels within the distribution system minimizes the potential risk of these violations to consumers.

86b. Chlorine dioxide, where one or more distribution system samples are above the MRDL Some infants and young children who drink water containing chlorine dioxide in excess of the MRDL could experience nervous system effects. Similar effects may occur in fetuses of pregnant women who drink water containing chlorine dioxide in excess of the MRDL. Some people may experience anemia. The chlorine dioxide violations reported today include exceedances of the EPA standard within the distribution system which delivers water to consumers. Violations of the chlorine dioxide standard within the distribution system may harm human health based on short-term exposures. Certain groups, including fetuses, infants, and young children, may be especially susceptible to nervous system effects from excessive chlorine dioxide exposure.

87. Control of DBP precursors (TOC) Total organic carbon (TOC) has not health effects. However, total organic carbon provides a medium for the formation of disinfection byproducts. These byproducts include trihalomethanes (THMs) and haloacetic acids (HAAs). Drinking water containing these byproducts in excess of the MCL may lead to adverse health effects, liver or kidney problems, or nervous system effects, and may lead to an increased risk of getting cancer.

I. Other Treatment Techniques

88. Acrylamide Some people who drink water containing high levels of acrylamide over a long period of time could have problems with their nervous system or blood, and may have an increased risk of getting cancer.

89. Epichlorohydrin Some people who drink water containing high levels of epichlorohydrin over a long period of time could experience stomach problems, and may have an increased risk of getting cancer.

1 U.S. EPA Surface Water Treatment Rule, 54 Fed Reg 27486 (June 29, 1989)

2 U.S. EPA Interim Enhanced Surface Water Treatment Rule, 63 Fed Reg 69478 (December 16, 1998)

Effective: 01/01/2008

R.C. 119.032 review dates: 10/11/2007 and 01/01/2013

Promulgated Under: 119.03

Statutory Authority: 6109.04

Rule Amplifies: 6109.04, 6109.06

Prior Effective Dates: 12/27/78, 5/22/89, 12/31/90, 9/13/93, 4/1/96, 1/1/02, 1/1/03, 11/1/04

Any owner or operator of a public water system subject to the provisions of this chapter shall retain on its premises or at a convenient location near its premises the following records:

(A) Records of bacteriological analyses made pursuant to this chapter shall be kept for not less than five years. Records of chemical analyses made pursuant to this chapter shall be kept for not less than ten years. Actual laboratory reports may be kept, or data may be transferred to tabular summaries, provided that the following information is included:

(1) The date, place, and time of sampling, and the name of the person who collected the sample;

(2) Identification of the sample as to whether it was a routine distribution system sample, check sample, raw or process water sample or other special purpose sample;

(3) Date of analysis;

(4) Laboratory and person responsible for performing analysis;

(5) The analytical technique/method used; and

(6) The results of the analysis.

(B) Records of action taken by the system to correct violations of state primary drinking water rules shall be kept for a period not less than three years after the last action taken with respect to the particular violation involved.

(C) Copies of any written reports, summaries or communications relating to sanitary surveys of the system conducted by the system itself, by a private consultant, or by any local, state or federal agency, shall be kept for a period not less than ten years after completion of the sanitary survey involved.

(D) Copies of public notices issued pursuant to rule 3745-81-32 of the Administrative Code and certifications submitted to the director pursuant to paragraph (A)(3) of rule 3745-81-32 of the Administrative Code must be kept for a minimum of three years after issuance.

Effective: 11/01/2004

R.C. 119.032 review dates: 07/27/2004 and 11/01/2009

Promulgated Under: 119.03

Statutory Authority: RC Section 6109.04

Rule Amplifies: RC Section 6109.04

Prior Effective Dates: 12/27/78, 01/01/04

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(A) Community surface water systems must undergo a sanitary survey at least every three years. Noncommunity surface water systems must undergo a sanitary survey at least every five years. Community ground water systems must undergo a sanitary survey at least every five years. Noncommunity ground water systems must undergo a sanitary survey at least every ten years. The director shall review the results of each sanitary survey to determine whether the existing monitoring frequency is adequate and what additional measures, if any, the public water system needs to undertake to improve drinking water quality.

(B) In conducting a sanitary survey at a public water system using ground water and having a wellhead protection program approved by the director, information on sources of contamination within the delineated wellhead protection area that was collected in the course of developing and implementing the program should be considered instead of collecting new information, if the information was collected since the last time the public water system was subject to a sanitary survey.

(C) Public water systems are responsible for ensuring that the required sanitary surveys are performed. Sanitary surveys shall be performed in accordance with procedures approved by the director.

(D) A public water system shall respond to the director in writing, within forty-five days following receipt of a sanitary survey letter, indicating how and on what schedule the public water system will address any significant deficiencies noted in the survey.

HISTORY: Eff 12-31-90; 1-1-02; 8-3-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 6109.04

Rule amplifies: RC 6109.03, 6109.04

R.C. 119.032 review dates: 05/05/2004 and 08/03/2009

(A) Each public water system required to monitor under this rule shall develop and implement a monitoring plan. The public water system shall maintain the plan and make it available for inspection by the director and the general public no later than thirty days following the applicable compliance dates in this rule. All surface water systems serving more than three thousand three hundred people shall submit a copy of the monitoring plan to the director no later than the date of the first report required by paragraph(H) of rule 3745-81-75 of the Administrative Code. The director may also require any other public water system to submit such a plan. After review, the director may require changes in any plan elements. The public water system shall modify the plan as required by the director. The plan shall include at least the specific locations and schedules for collecting samples for any parameters included in this rule, and the plan shall include how the public water system will calculate compliance with MRDLs. If a public water system is approved for monitoring as a consecutive system, or provides water to a consecutive system, under the provisions of rule 3745-81-29 of the Administrative Code, its sampling plan shall reflect the entire distribution system. Failure to monitor according to the monitoring plan is a monitoring violation.

(B) Public water systems shall take all disinfectant residual samples during normal operating conditions.

(C) Failure to perform the required monitoring for total chlorine is a monitoring violation. The public water system will be in violation for the entire period covered by the running annual average.

(D) All samples taken and analyzed under the provisions of this rule shall be included in determining compliance, even if that number is greater than the minimum required.

(E) This paragraph applies to community and nontransient noncommunity public water systems that treat their water with chlorine and/or chloramines. Surface water systems serving ten thousand or more persons shall comply with the applicable paragraphs of this rule beginning January 01, 2002. Surface water systems serving fewer than ten thousand persons, and ground water systems shall comply with the applicable paragraphs of this rule beginning January 01, 2004. The monitoring requirements for total chlorine are as follows:

(1) Residual disinfectant level shall be measured at the same points in the distribution system and at the same time as total coliforms are sampled. However, surface water systems may use the results of residual disinfectant concentration sampling conducted under rule 3745-81-74 of the Administrative Code in lieu of taking separate samples.

(2) Compliance shall be based on a running annual arithmetic average, computed quarterly, of monthly averages of all samples collected by the system under this rule. For total chlorine a public water system is in compliance with the maximum residual disinfectant level (MRDL) when the running annual average of samples taken in the distribution system, computed quarterly, is less than or equal to the MRDL. If the average of the quarterly averages covering any consecutive four-quarter period exceeds the MRDL, the system is in violation of the MRDL and must notify the public according to rule 3745-81-32 of the Administrative Code, in addition to reporting to the director according to rule 3745-81-75 of the Administrative Code.

(F) This paragraph applies to all public water systems that treat their water with chlorine dioxide. Surface water systems serving ten thousand or more persons shall comply with the applicable paragraphs of this rule beginning January 01, 2002. Surface water systems serving fewer than ten thousand persons, and ground water systems shall comply with the applicable paragraphs of this rule beginning January 01, 2004. The monitoring requirements for chlorine dioxide are as follows:

(1) Chlorine dioxide levels shall be measured daily in samples taken at the entrance to the distribution system.

(2) Compliance shall be based on consecutive daily samples. A public water system is in compliance with the MRDL when daily samples are taken at the entrance to the distribution system and no two consecutive daily samples exceed the MRDL. If any daily sample exceeds the MRDL, the public water system shall take three chlorine dioxide distribution system samples on the following day. These three samples are in addition to the sample required at the entrance to the distribution system.

(a) If chlorine dioxide or chloramines are used to maintain a disinfectant residual in the distribution system, or if chlorine is used to maintain a disinfectant residual in the distribution system and there are no disinfection addition points after the entrance to the distribution system (i.e., no booster chlorination), the public water system shall take the three samples as close to the first customer as possible, at intervals of at least six hours.

(b) If chlorine is used to maintain a disinfectant residual in the distribution system and there is at least one disinfection addition point after the entrance to the distribution system (i.e., booster chlorination), the public water system shall take one sample at each of the following locations: close to the first customer, in a location representative of average residence time and at a location reflecting maximum residence time in the distribution system.

(c) If any daily sample taken at the entrance to the distribution system exceeds the MRDL, and on the following day one or more of the three samples taken in the distribution system exceed the MRDL, the public water system is in violation of the MRDL. The public water system shall take immediate corrective action to lower the level of chlorine dioxide below the MRDL, and shall notify the public according to the procedures for acute health risks in rule 3745-81-32 of the Administrative Code in addition to reporting to the director according to rule 3745-81-75 of the Administrative Code.

(d) If any two consecutive daily samples taken at the entrance to the distribution system exceed the MRDL and all distribution system samples taken are below the MRDL, the public water system is in violation of the MRDL. The public water system shall take corrective action to lower the level of chlorine dioxide below the MRDL at the point of sampling and shall notify the public according to the procedures for nonacute health risks in rule 3745-81-32 of the Administrative Code in addition to reporting to the director according to rule 3745-81-75 of the Administrative Code.

(3) Failure to monitor at the entrance to the distribution system the day following an exceedance of the chlorine dioxide MRDL at the entrance to the distribution system is also an MRDL violation. The public water system shall notify the public of the violation according to the provisions for nonacute violations in rule 3725-81-32 of the Administrative Code.

(4) Failure to monitor in the distribution system the day following an exceedance of the chlorine dioxide MRDL at the entrance to the distribution system is also an MRDL violation and the system must notify the public of the violation according to the provisions for acute violations under rule 3745-81-32 of the Administrative Code.

(G) Notwithstanding the MRDLs in rule 3745-81-10 of the Administrative Code, public water systems may increase residual disinfectant levels of chlorine or chloramines (but not chlorine dioxide) in the distribution system to a level and for a time necessary to protect public health, to address specific microbiological contamination problems caused by circumstances such as, but not limited to, distribution line breaks, storm run-off events, source water contamination events, or cross-connection events.

HISTORY: Eff 1-1-02; 1-1-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 6109.04

Rule amplifies: RC 6109.04

RC 119.032 review dates: 10/4/06, 9/25/03, 1/1/09

(A) The requirements of rules 3745-81-71 to 3745-81-75 of the Administrative Code are derived from national primary drinking water regulations. The treatment technique requirements of this rule are established in lieu of maximum contaminant levels for the following contaminants: Cryptosporidium, Giardia lamblia, viruses, heterotrophic plate count bacteria, Legionella, and turbidity. Each public water system using a surface water source, in whole or in part, shall provide treatment of that source water which complies with the treatment technique requirements of this rule. The treatment technique requirements consist of installing and properly operating water treatment processes which consistently and reliably achieve:

(1) At least 99.9 per cent (3 log) removal and/or inactivation of Giardia lamblia cysts between a point where the raw water is not subject to recontamination by surface water runoff and a later point before or at the first customer; and

(2) At least 99.99 per cent (4 log) removal and/or inactivation of viruses between a point where the raw water is not subject to recontamination by surface water runoff and a later point before or at the first customer; and

(3) [Effective January 1, 2005] At least 99 per cent (2 log) removal of Cryptosporidium between a point where the raw water is not subject to recontamination by surface water runoff and a later point before or at the first customer.

(B) A public water system using a surface water source, in whole or in part, shall be in compliance with the requirements of paragraph (A) of this rule if the public water system meets the filtration requirements of rule 3745-81-73 and the disinfection requirements of rule 3745-81-72 of the Administrative Code.

(C) The owner of a public water system using a surface water source, in whole or in part, shall place the operation of the public water system in the responsible charge of a person holding a public water system operator’s certificate at least equal to that required by the public water system classification under Chapter 3745-7 of the Administrative Code.

HISTORY: Eff 12-31-90; 1-1-02; 1-1-05

Rule promulgated under: RC 119.03

Rule authorized by: RC 6109.04

Rule amplifies: RC 6109.03, 6109.04

R.C. 119.032 review dates: 05/05/2004 and 01/01/2010

(A) A public water system that uses a surface water source, in whole or in part, shall provide the disinfection treatment specified in paragraph (B) of this rule no later than eighteen months following designation by the director as a surface water source. Failure to meet any requirement of this rule is a treatment technique violation for which public notification is required under rule 3745-81-32 of the Administrative Code. A public water system that uses a surface water source, in whole or in part, and does not already provide filtration treatment shall comply with any interim disinfection requirements established by the director before filtration is installed.

(B) Each public water system that uses a surface water source, in whole or in part, shall provide disinfection treatment of the water as follows.

(1) The disinfection treatment shall be considered sufficient if the total treatment processes of that public water system would consistently and reliably achieve at least 99.9 per cent (3 log) inactivation and/or removal of Giardia lamblia cysts and at least 99.99 per cent (4 log) inactivation and/or removal of viruses, as determined from Table A, and Tables B-1 to B-13 of this rule. The inactivation by disinfection is calculated from the actual CT divided by the required CT during the peak hourly flow of each day that the public water system is in operation.

(2) Table A of this rule lists: the minimum requirement for inactivation and/or removal of Cryptosporidium, Giardia lamblia and viruses; the extent to which a properly operated conventional filtration treatment, direct filtration, and slow sand filtration are considered sufficient to remove Cryptosporidium, Giardia lamblia, and viruses; and the minimum disinfection needed to complete the required minimum inactivation and/or removal of Cryptosporidium, Giardia lamblia and viruses. Table A specifies the additional minimum log inactivation of Giardia lamblia and viruses by disinfection if filtration is properly operated and the turbidity treatment technique requirements of rule 3745-81-73 of the Administrative Code are satisfied. The filtration and disinfection treatment shall include disinfection that consistently and reliably achieves at least the minimum log inactivation by disinfection of Giardia lamblia and viruses as specified in Table A.

(3) The residual disinfectant concentration in the water entering the distribution system shall not be less than 0.2 milligram per liter free chlorine or one milligram per liter combined chlorine for more than four consecutive hours.

(4) The residual disinfectant concentration in the distribution system shall not be less than 0.2 milligram per liter free chlorine or one milligram per liter combined chlorine in more than five per cent of the samples each month for any two consecutive months that the public water system serves water to the public.

(C) Disinfection treatment sufficiency determination.

(1) Paragraph (B)(1) of this rule requires minimum percentage of inactivation and/or removal of Giardia lamblia and viruses in water obtained at least partly from a surface water source. Because of the difficulties in measuring the concentrations of viable Cryptosporidium, Giardia lamblia, and viruses, maximum contaminant levels are not practical and treatment technique requirements are used to ensure control of these contaminants in drinking water. Tables B-1 to Table B-13 shall be used to determine the sufficiency of disinfection. This determination is made at the peak hourly flow rate of each day the water system is in operation.

(2) The level of inactivation being provided by the system is determined by measuring actual CT values. Actual CT values are obtained by multiplying the residual disinfectant, C, by the disinfection contact time, T, giving the resultant, CT. The value of C in milligrams per liter is determined at a point before or at the first customer. The value of T in minutes is based on the time available for the disinfectant to work from the point at which it is added to the water until the point at which C is measured. Values of T are determined based on the approved effective volume factor of the clearwell or contact tank. It may be appropriate to determine the value of C at more than one point of the water treatment flow, with the T associated with each C being estimated from the previous measurement point or the previous addition of disinfectant, which ever is closer. If more than one disinfectant concentration point is used, the products of each C and its associated T are added and the sum of these products is the actual CT value to compare with the appropriate value of the required minimum CT values for specified conditions and levels of inactivation in the following tables. Note that any disinfection after the last determination of C is not included in the actual CT value. Minimum required CT values for inactivation of Giardia lamblia and viruses by disinfection in relation to the disinfectant, the extent of inactivation, the disinfectant concentration, the pH, and the water temperature at the peak hourly flow rate for each day of operation are found in Tables B-1 to B-13.

(3) In Tables B-1 to B-13 of this rule, the required CT between the indicated pH or residual disinfectant concentration may be determined by linear interpolation. The required CT between the indicated temperatures of different tables may be determined by linear interpolation. If no interpolation is used, then the required CT shall be determined at the lower temperature, and at the higher pH, and at the higher residual disinfectant concentration. For Giardia lamblia inactivation at a pH greater than nine, the required CT shall be the same as the required CT at a pH equal to nine. For virus inactivation at a pH greater than nine, the required CT shall be the same as the required CT at a pH equal to ten.

(4) On each day when the actual CT value meets or exceeds the required minimum CT value in or linearly interpolated from Tables B-1 to B-13, then the water treatment plant is considered to be satisfying this rule’s treatment technique requirements for disinfection of surface water sources. On each day when the actual CT value does not meet or exceed the required minimum CT value from Tables B-1 to B-13, then the water treatment plant is in violation of paragraph B(1) of this rule.

(5) For each clearwell, or contact tank, the approved effective volume factor shall be determined by the director based upon its design characteristics including: the average flow path length to channel width ratio; baffling; and the proximity of the outlet to the inlet using Figures B-1 and B-2. The approved effective volume factor shall be the preliminary effective volume factor obtained from Figure B-1 multiplied by the reduction factor obtained from Figure B-2, rounded down to the nearest 0.05. A public water system may request that the director approve an effective volume factor that was determined by tracer studies, hydraulic analysis or modeling, or an equivalent demonstration. For a tracer study to be acceptable, the net advection of the tracer shall be within ten percent of the change in the tracer chemical storage within the clearwell system. Net advection means the amount of tracer convected out of the clearwell system minus the amount of tracer convected into the clearwell system over the duration of the tracer study.

(D) A public water system that serves a population of at least ten thousand persons and was required to develop a disinfection profile or benchmark under 40 CFR 141.172 or 40 CFR 141.170(d) as published July, 2002, or a community or nontransient noncommunity public water system that serves a population of less than ten thousand persons and was required to develop a disinfection profile or benchmark under 40 CFR 141.530 as published July, 2002, shall follow these requirements:

(1) Prior to making a significant change in its disinfection practice, the public water system shall submit the disinfection profile to the director for review and consultation. Such changes may require approval if determined substantial by the director as specified by rule 3745-91-02 of the Administrative Code. Significant changes to disinfection practice include any of the following:

(a) Changes to the point of disinfection;

(b) Changes to the disinfectant used in the treatment plant;

(c) Changes to the disinfection process; and

(d) Any other modification identified by the director, including those identified and proposed in a general plan required by paragraph (A)(7) of rule 3745-81-24 of the Administrative Code. [Comment: The 40 CFR 141.172, 40 CFR 141.170(d), and 40 CFR 141.530 refer to the “Code of Federal Regulations” published on July 1, 2002. At the effective date of this rule, a copy may be obtained from the “Superintendent of Documents, PO Box 371954, Pittsburgh, PA 15250-7954,” (866) 512-1800, or http://bookstore.gpo.gov. This document is available for review at “Ohio EPA, Lazarus Government Center, 122 South Front Street, Columbus, OH, 43215-3425.”]

(2) The public water system shall calculate its disinfection benchmark using the following procedure:

(a) The disinfection benchmark is the lowest monthly average value (for public water systems with one year of profiling data) or average of lowest monthly average values (for public water systems with more than one year of profiling data) of the monthly logs of Giardia lamblia inactivation in each year of profiling data.

(b) For each year of profiling data collected and calculated, the public water system shall determine the lowest average monthly Giardia lamblia inactivation in each year of profiling data. The average Giardia lamblia inactivation shall be determined by dividing the sum of Giardia lamblia inactivation values by the number of values calculated for that month. For public water systems with a combined population of at least ten thousand persons, daily values shall be used. For public water systems with a combined population less than ten thousand persons, weekly values may be used. Values for each calendar month for each year of profiling data shall be used in the calculation.

(3) A public water system that uses chloramines, chlorine dioxide, or ozone for primary disinfection shall also calculate the disinfection benchmark for viruses using a method acceptable to the director.

(4) Prior to making a significant change, the public water system shall submit the following information for review by the director:

(a) A description of the proposed change;

(b) The disinfection profile for Giardia lamblia (and, if necessary, viruses) and disinfection benchmark; and

(c) An analysis of how the proposed change will affect the current levels of disinfection.

(5) The public water system shall retain the disinfection profile data in graphic form, as a spreadsheet, or in some other format acceptable to the director for review as part of a sanitary survey. The disinfection profile, disinfection benchmark, and all data and analysis used to complete the disinfection profile shall be retained by the public water system indefinitely.

For Tables – To obtain the appendix, table, image, etc. please call LSC’s ERF Helpdesk at 614-387-2078 or send an email to erfhelpdesk@lsc.state.oh.us.

HISTORY: Eff 12-31-90; 1-1-02; Replaces: Former 3745-81-72, eff. 1-1-05

Rule promulgated under: RC 119.03

Rule authorized by: RC 6109.04

Rule amplifies: RC 6109.03, 6109.04

R.C. 119.032 review dates: 01/01/2010

A public water system that uses a surface water source, in whole or in part, shall provide treatment consisting of both disinfection, as specified in paragraph (B) of rule 3745-81-72 of the Administrative Code, and filtration treatment which complies with the requirements of paragraph (A), (B), or (C) of this rule no later than eighteen months following designation by the director as a surface water source. Distinction between surface water sources and ground water sources is set forth in rule 3745-81-76 of the Administrative Code. Filtration treatment shall consistently and reliably achieve at least ninety-nine per cent (2 log) removal of Cryptosporidium. Failure to meet any requirement of this rule after the date specified in this paragraph shall be a treatment technique violation and shall require public notification as set forth in rule 3745-81-32 of the Administrative Code.

(A) Conventional filtration treatment or direct filtration treatment. All public water systems using conventional filtration treatment or direct filtration treatment to treat surface water shall meet the following requirements:

(1) Turbidity levels of representative samples of filtered water shall be less than or equal to 0..3 nephelometric turbidity units (NTU) in at least ninety-five per cent of the samples analyzed each month.

(2) The turbidity level of representative samples of a public water system’s filtered water shall not exceed one NTU.

(B) Slow sand filtration. Filtration by a public water system filtering surface water by slow sand filtration shall meet the following requirements.

(1) For a public water system using slow sand filtration, the turbidity level of representative samples of filtered water shall be less than or equal to one NTU in at least ninety-five per cent of the samples each month.

(2) The turbidity level of representative samples of a public water system’s filtered water shall not exceed five NTU.

(C) Alternative filtration technologies. If a public water system using a surface water source, in whole or in part, can demonstrate to the director, using pilot plant studies or other means, that a filtration technology not listed in paragraph (A) or (B) of this rule, in combination with disinfection treatment that meets the requirements of paragraph (B) of rule 3745-81-72 of the Administrative Code, consistently and reliably achieves ninety-nine per cent removal of Cryptosporidium, 99.9 per cent removal and/or inactivation of Giardia lamblia cysts and 99.99 per cent removal and/or inactivation of viruses, the director may accept this alternative filtration technology for use by the public water system. For a public water system that makes this demonstration, the requirements of paragraph (A) of this rule apply unless other performance and operational requirements are approved by the director. The director may require direct and indirect integrity testing of a membrane filter.

HISTORY: Eff 12-31-90; 9-13-93; 1-1-02; 1-1-05

Rule promulgated under: RC 119.03

Rule authorized by: RC 6109.04

Rule amplifies: RC 6109.03, 6109.04

R.C. 119.032 review dates: 05/05/2004 and 01/01/2010

A public water system that uses a surface water source, in whole or in part shall conduct turbidity and disinfection monitoring in accordance with this rule.

(A) Turbidity measurements to ensure compliance with rule 3745-81-73 of the Administrative Code shall be performed on representative samples of filtered water at least every four hours that the water treatment plant is in operation. If using grab sampling for turbidity monitoring, samples shall be obtained within the first and last hours of filter operation and at least every four hours in between. A public water system may substitute continuous turbidity monitoring for grab sample monitoring if the public water system validates the continuous measurement for accuracy on a regular basis using a protocol acceptable to the director. Turbidity monitoring of filtered water may be:

(1) At the combined filter effluent prior to entry into the clearwell; or

(2) The average of turbidity measurements from each individual filter effluent if each filter has essentially the same loading rate; or

(3) At the clearwell effluent; or

(4) At the plant effluent or immediately prior to entry into the distribution system.

(B) Public water system(s) using conventional filtration treatment or direct filtration treatment, shall also conduct individual filter turbidity monitoring as follows:

(1) A public water system that provides conventional filtration treatment or direct filtration treatment shall conduct continuous monitoring of turbidity for each individual filter effluent. The public water system shall validate the continuous measurement for accuracy on a regular basis using the protocol acceptable to the director. The public water system shall record the results of individual filter monitoring every fifteen minutes. A public water system serving a combined population of less than ten thousand and which has two filters may conduct continuous monitoring of turbidity of the combined filter effluent, prior to entry into the clearwell, in lieu of individual filter effluent turbidity monitoring. The public water system shall record the results of the combined filter monitoring every fifteen minutes.

(2) If there is a failure in the continuous turbidity monitoring equipment, the public water system shall conduct grab sampling every four hours in lieu of continuous monitoring until the continuous turbidity monitoring equipment is repaired and placed back online. A public water system serving a combined population of at least ten thousand has no more than five working days after the failure of the equipment to repair the continuous turbidity monitoring equipment and to place it back online. A public water system serving a combined population of less than ten thousand has no more than fourteen days after the failure of the equipment to repair the continuous turbidity monitoring equipment and to place it back online.

(C) Turbidity analysis shall be conducted as specified in paragraph (C) of rule 3745-81-27 of the Administrative Code.

(D) The residual disinfectant concentration of the water entering the distribution system shall be monitored continuously, and the lowest value must be recorded each day, except that:

(1) If there is a failure in the continuous disinfection monitoring equipment, the public water system shall conduct grab sampling every four hours in lieu of continuous monitoring until the continuous monitoring equipment is repaired and place back online. A public water system has no more than five working days after failure of the equipment to repair the continuous monitoring equipment and place it back online; and

(2) Public water systems serving three thousand three hundred or fewer persons may, with prior acceptance by the director, take grab samples in lieu of providing continuous monitoring. Grab sample monitoring shall require at least one sample every four hours that the water treatment plant is in operation.

(E) The residual disinfectant concentration shall be measured at least at the same points in the distribution system and at the same time as total coliforms are sampled, as specified in rule 3745-81-21 of the Administrative Code.

(F) Parameters necessary to determine the sufficiency of disinfection prior to the first customer as required in rule 3745-81-72 of the Administrative Code shall be measured and recorded at the peak hourly flow rate each day the public water system is in operation. Public water systems which do not record any or all of the parameters set forth in paragraphs (F)(1) to (F)(3) of this rule on continuously recording devices, may estimate the period at which peak hourly flow will occur from records of flow rates from previous days for that water plant. The parameters necessary to calculate the actual CT value may then be those measured during this estimated peak hourly flow period. Temperature, pH, and residual disinfection concentration shall be analyzed in accordance with the methods specified in rule 3745-81-27 of the Administrative Code. The parameters necessary to calculate the actual CT value include:

(1) The temperature of the disinfected water at each residual disinfectant concentration sampling point. The director may accept an alternative representative sampling point.

(2) The pH of the disinfected water at each residual disinfectant concentration sampling point.

(3) The kind of disinfectant used and the residual disinfectant concentration at each sampling point before or at the first customer.

(4) The flow rate, clearwell used volume or depth, approved effective volume factor, and any other parameters needed to calculate the disinfectant contact time for each sampling point during each day’s peak hourly flow.

(5) The actual CT value as determined for each day in the month, calculated from the above water temperature, pH, residual disinfectant concentration, disinfectant contact time(s), and other characteristics of the water treatment plant as it was operating at peak hourly flow rate for that day.

(6) The required CT value for each day of the month, determined from the water temperature, the water pH, the disinfectant in use, and other information referred to in rule 3745-81-72 of the Administrative Code.

(7) The number of days, if any, for which the required CT value was greater than the actual CT value.

HISTORY: Eff 12-31-90; 1-1-02; 1-1-05

Rule promulgated under: RC 119.03

Rule authorized by: RC 6109.04

Rule amplifies: RC 6109.03, 6109.04

R.C. 119.032 review dates: 08/03/2009 and 08/03/2014

A public water system that uses a surface water source shall report monthly to the director the information specified in paragraphs (A) to (F) of this rule. In addition, a public water system that must monitor for TTHM, HAA5, bromate, chlorite, total residual chlorine, chlorine dioxide, or TOC shall comply with the applicable sections of paragraph (G) of this rule. A public water system that is subsequently designated by the director as using a surface water source, according to rule 3745-81-76 of the Administrative Code, shall begin reporting the information specified in this rule when filtration is installed or after eighteen months following the effective date of the designation as a surface water source, whichever occurs first.

(A) Turbidity determinations as required by paragraph (A) of rule 3745-81-74 of the Administrative Code shall be reported to the director within ten days after the end of each month the public water system serves water to the public. The information reported shall include:

(1) The total number of filtered water turbidity determinations during the month. When filtered water turbidity is recorded continuously, the reported number shall be the number of hours in which turbidity values were recorded during the month.

(2) The number and per cent of filtered water turbidity determinations during the month which are less than or equal to the turbidity limits specified in paragraph (A)(1) or (B)(1) of rule 3745-81-73 of the Administrative Code for the filtration method being used. For public water systems which continuously monitor turbidity, the duration and per cent of filtered water turbidity readings during the month which are less than or equal to the turbidity limits in paragraph (A)(1) or (B)(1) of rule 3745-81-73 of the Administrative Code shall be reported.

(3) The date and value of each turbidity determination during the month which exceeds any applicable turbidity limit specified in rule 3745-81-73 of the Administrative Code for the filtration method being used. For public water systems which continuously monitor turbidity, the date and duration of each period during the month that the turbidity exceeds the turbidity limit specified in paragraph (A)(2) or (B)(2) of rule 3745-81-73 of the Administrative Code shall be reported.

(B) The following individual filter turbidity monitoring activities as required by paragraph (B) of rule 3745-81-74 of the Administrative Code shall be reported to the director as follows:

(1) Confirmation that individual filter monitoring was conducted shall be reported within ten days after the end of each month the public water system serves water to the public.

(2) Public water systems serving a combined population of at least ten thousand shall report individual filter turbidity monitoring results within ten days after the end of each month the public water system serves water to the public only if measurements demonstrate one or more of the following conditions:

(a) For any individual filter that has a measured turbidity level of greater than 1.0 nephelometric turbidity units (NTU) in two consecutive measurements taken fifteen minutes apart, the public water system shall report the filter number, the turbidity measurements, and the date(s) and times on which the exceedance occurred. In addition, the public water system shall either produce a filter profile for the filter within seven days of the exceedance and report that the filter profile has been produced or report the obvious reason for the exceedance.

(b) For any individual filter that has a measured turbidity level of greater than 0.5 NTU in two consecutive measurements taken fifteen minutes apart between the end of the first four hours of continuous filter operation after the filter has been backwashed or otherwise taken offline, and at the end of a filter run the public water system shall report the filter number, the turbidity measurements, and that date(s) and times on which the exceedance occurred. In addition, the public water system shall either produce a filter profile for the filter within seven days of the exceedance and report that the profile has been produced or report the obvious reason for the exceedance.

(c) For any individual filter that has a measured turbidity level of greater than 1.0 NTU in two consecutive measurements taken fifteen minutes apart at any time in each of three consecutive months, the public water system shall report the filter number, the turbidity measurements, and the dates and times on which the exceedance occurred. In addition, the public water system shall conduct a self-assessment of the filter within fourteen days of the exceedance and report that the self-assessment was conducted. The self assessment shall consist of at least the following components: assessment of filter performance; development of a filter profile; identification and prioritization of factors limiting filter performance; assessment of the applicability of corrections; and preparation of a filter self-assessment report.

(d) For any individual filter that has a measured turbidity level of greater than 2.0 NTU in two consecutive measurements taken fifteen minutes apart at any time in each of two consecutive months, the public water system shall report the filter number, the turbidity measurements, and the dates and times on which the exceedance occurred. In addition, no later than thirty days following the exceedance, the public water system shall arrange for a comprehensive performance evaluation (CPE) to be conducted by the director. If the director decides not to conduct the CPE, then the CPE shall be conducted by a third party in accordance with procedures acceptable to the director. A report of the evaluation shall be completed and submitted to the director no later than ninety days following the exceedance. The director may require the public water system to correct any or all of the deficiencies noted in the report.

(3) Public water systems serving a combined population of less than ten thousand shall report individual filter turbidity monitoring results within ten days after the end of each month the public water system serves water to the public only if measurements demonstrate one of more of the following conditions:

(a) For any individual filter (or combined filter effluent for systems with two filters that monitor combined filter effluent in lieu of individual filters) that has a measured turbidity level of greater than 1.0 nephelometric turbidity units (NTU) in two consecutive measurements taken fifteen minutes apart, the public water system shall report the filter number, the turbidity measurements, and the dates and times on which the exceedance occurred. In addition, the public water system shall report the cause of the exceedance if known.

(b) For any individual filter (or combined filter effluent for systems with two or fewer filters that monitor combined filter effluent in lieu of individual filters) that has a measured turbidity level of greater than 1.0 NTU in two consecutive measurements taken fifteen minutes apart at any time in each of three consecutive months, the public water system shall report the filter number, the turbidity measurements, and the dates and times on which the exceedance occurred. In addition, the public water system shall conduct a self-assessment of the filter (or both filters if the system monitors the combined filter effluent in lieu of individual filters) within fourteen days of the exceedance and report that the self-assessment was conducted unless the requirement to conduct a comprehensive performance evaluation which includes a self-assessment of this filter is required during this time period by paragraph (B)(3)(c) of this rule. The self-assessments shall consist of at least the following components: assessment of filter performance; development of a filter profile; identification and prioritization of factors limiting filter performance; assessment of the applicability of corrections; and preparation of a filter self-assessment report.

(c) For any individual filter (or combined filter effluent for systems with two or fewer filters that monitor combined filter effluent in lieu of individual filters) that has a measured turbidity level of greater than 2.0 NTU in two consecutive measurements taken fifteen minutes apart at any time in each of two consecutive months, the public water system shall report the filter number, the turbidity measurements, and the dates and times on which the exceedance occurred. In addition, no later than sixty days following the exceedance, the public water system shall arrange for a comprehensive performance evaluation (CPE) to be conducted by the director. If the director decides not to conduct the CPE, then the CPE shall be conducted by a third party in accordance with procedures acceptable to the director. A report of the evaluation shall be completed and submitted to the director no later than one hundred twenty days following the exceedance. The director may require the public water system to correct any or all of the deficiencies noted in the report. If a CPE has been completed within twelve months prior to the exceedance or if the director and public water system are jointly participating in an ongoing comprehensive technical assistance (CTA) at the system, the director may not require a new CPE to be conducted.

(4) Recorded results of individual filter turbidity monitoring shall be maintained by the public water system for a minimum of three years.

(C) Disinfection information specified in rule 3745-81-74 of the Administrative Code shall be reported to the director within ten days after the end of each month the public water system serves water to the public. The information reported shall include:

(1) For each day, the lowest residual disinfectant concentration in milligrams per liter in water entering the distribution system.

(2) The date and duration of each period when the residual disinfectant concentration in water entering the distribution system fell below 0.2 milligram per liter free chlorine or one milligram per liter combined chlorine and when the director was notified of the occurrence.

(3) The following information on all the residual disinfectant concentration samples taken in the distribution system in conjunction with total coliform monitoring pursuant to rule 3745-81-21 of the Administrative Code:

(a) The number of residual disinfectant concentration samples analyzed for the distribution system,

(b) The number of samples with residual disinfectant concentration determined to be less than 0.2 milligram per liter free chlorine or one milligram per liter combined chlorine, and

(c) The per cent of samples with residual disinfectant concentration of at least 0.2 milligram per liter free chlorine or one milligram per liter combined chlorine.

(4) The CT parameters during peak hourly flow rate for each day, including the temperature, pH, disinfectant, residual disinfectant concentration(s), disinfectant contact time(s), actual CT value, required CT value, and the number of days, if any, for which the required CT value is larger than the actual CT value.

(D) Each public water system, upon discovering that a waterborne disease outbreak potentially attributable to that public water system has occurred, shall report that occurrence to the director as soon as possible, but no later than by the end of the next business day.

(E) If at any time the turbidity in representative samples of filtered water in accordance with paragraph (A) of rule 3745-81-74 of the Administrative Code exceeds 1 NTU, for conventional or direct filtration or alternative filtration surface water systems, the public water system shall notify the director as soon as practical, but no later than twenty-four hours after the exceedance is known. For all other surface water systems, if at any time the turbidity in representative samples of filtered water in accordance with paragraph (A) of rule 3745-81-74 exceeds five NTU, the public water system shall notify the director as soon as practical, but no later than twenty-four hours after the exceedance is known.

(F) If at any time the residual disinfectant concentration falls below 0.2 milligram per liter free chlorine or one milligram per liter combined chlorine in the water entering the distribution system, the public water system shall notify the director as soon as possible, but no later than by the end of the next business day. The public water system also shall notify the director by the end of the next business day whether or not the residual disinfectant concentration was restored to at least 0.2 milligram per liter free chlorine or one milligram per liter combined chlorine within four hours.

(G) This paragraph is applicable to public water systems that monitor for TTHM, HAA5, bromate, chlorite, chlorine, chloramines, chlorine dioxide, or TOC:

(1) Public water systems monitoring for TTHM and HAA5 under the provisions of rule 3745-81-24 of the Administrative Code shall ensure that the analytical results are reported to the director according to the requirements specified in rule 3745-89-08 of the Administrative Code. In order to determine compliance with the sample monitoring plan for total TTHM and HAA5, the sample submission reports shall contain the sample location description. Compliance with the MCLs for TTHM and HAA5 in rule 3745-81-12 of the Administrative Code shall be determined by the director.

(2) Public water systems monitoring for bromate under the requirements of rule 3745-81-23 of the Administrative Code shall report the following:

(a) The number of samples taken during the last quarter;

(b) The location, date, and result of each sample taken during the last quarter;

(c) The arithmetic average of the monthly arithmetic averages of all samples taken in the last year; and

(d) Whether the MCL was exceeded.

(3) Public water systems monitoring for chlorite under the requirements of rule 3745-81-23 of the Administrative Code shall report the following:

(a) The number of entry point samples taken each month for the last three months;

(b) The location, date, and result of each sample (both entry point and distribution) taken during the last quarter;

(c) For each month in the reporting period, the arithmetic average of all samples taken in each three sample sets taken in the distribution system; and

(d) Whether the MCL was exceeded, in which month, and how many times it was exceeded each month.

(4) Public water systems monitoring for total chlorine under the requirements of rule 3745-81-70 of the Administrative Code shall report the following:

(a) The number of samples taken during each month of the last quarter;

(b) The monthly arithmetic average of all samples taken in each month for the last twelve months;

(c) The arithmetic average of the monthly averages for the last twelve months; and

(d) Whether the MRDL was exceeded.

(5) Public water systems monitoring for chlorine dioxide under the requirements of rule 3745-81-70 of the Administrative Code shall report the following:

(a) The dates, results, and locations of samples taken during the last quarter;

(b) Whether the MRDL was exceeded; and

(c) Whether the MRDL was exceeded in any two consecutive daily samples and whether the resulting violation was acute or nonacute.

(6) Public water systems monitoring monthly or quarterly for TOC under the requirements of rule 3745-81-77 of the Administrative Code and required to meet the enhanced coagulation or enhanced softening requirements in rule 3745-81-77 of the Administrative Code shall report the following:

(a) The number of paired (source water and treated water, prior to continuous disinfection) samples taken during the last quarter;

(b) The location, date, and result of each paired sample and associated alkalinity taken during the last quarter;

(c) For each month in the reporting period that paired samples were taken, the arithmetic average of the percent reduction of TOC for each paired sample and the required TOC percent removal;

(d) Calculations for determining compliance with the TOC percent removal requirements, as provided in rule 3745-81-77 of the Administrative Code; and

(e) Whether the public water system is in compliance with the enhanced coagulation or enhanced softening per cent removal requirements in rule 3745-81-77 of the Administrative Code for the last four quarters.

(7) Public water systems monitoring monthly or quarterly for TOC under the requirements of rule 3745-81-77 of the Administrative Code and meeting one or more of the alternative compliance criteria in rule 3745-81-77 of the Administrative Code shall report the following:

(a) The alternative compliance criterion that the system is using;

(b) The number of paired samples taken during the last quarter;

(c) The location, date, and result of each paired sample and associated alkalinity taken during the last quarter;

(d) The running annual arithmetic average based on monthly averages (or quarterly samples) of source water TOC for public water systems meeting a criterion in rule 3745-81-77(D)(1) or 3745-81-77(D)(3) of the Administrative Code or of treated water TOC for public water systems meeting the criterion in rule 3745-81-77(D)(2) of the Administrative Code;

(e) The running annual arithmetic average based on monthly averages (or quarterly samples) of source water SUVA for public water systems meeting the criterion in rule 3745-81-77(D)(6) of the Administrative Code or of treated water SUVA for public water systems meeting the criterion in rule 3745-81-77(D)(7) of the Administrative Code;

(f) The running annual average of source water alkalinity for public water systems meeting the criterion in rule 3745-81-77(D)(3) of the Administrative Code and of treated water alkalinity for public water systems meeting the criterion in rule 3745-81-77(E)(1) of the Administrative Code;

(g) The running annual average for both TTHM and HAA5 for public water systems meeting the criterion in rule 3745-81-77(D)(3) or 3745-81-77(D)(5) of the Administrative Code;

(h) The running annual average of the amount of magnesium hardness removal (as CaCO 3 , in mg/l) for public water systems meeting the criterion in rule 3745-81-77(E)(2) of the Administrative Code; and

(i) Whether the public water system is in compliance with the particular alternative compliance criterion in rule 3745-81-77 of the Administrative Code.

HISTORY: Eff 12-31-90; 1-1-02; 1-1-05

Rule promulgated under: RC 119.03

Rule authorized by: RC 6109.04

Rule amplifies: RC 6109.03, 6109.04

R.C. 119.032 review dates: 05/05/2004 and 01/01/2010

(A) The director shall determine and designate each water source of a public water system as either a surface water source or a ground water source, based on information available in environmental protection agency files about the water source and the water produced from the source, information from on-site sanitary or geological surveys, information supplied by the public water system upon a request from the director, any additional information which becomes available, and the guidelines outlined in the following paragraphs. A public water system shall provide information requested by the director within six months of receipt of a written request. Information requested for each water source may concern water quality, well construction and location, geological information, particulate analysis, Cryptosporidium analysis, Giardia lamblia analysis, and other information related to designation of the water source as being either surface water or ground water.

(B) The following minimum guidelines shall be used in determining whether each water source is a surface water source or a ground water source.

(1) Source water which is open to the atmosphere and subject to surface runoff shall be designated as surface water. Surface water sources include streams, rivers, ponds, lakes, reservoirs, and impoundments.

(2) Source water shall be designated as ground water when the source water comes from a well which meets all of the following criteria:

(a) The well shall meet all of the requirements for wells in Chapter 3745-9 of the Administrative Code; and

(b) Untreated water samples from the well shall have been analyzed for coliform contamination for at least the previous four calendar quarters of a year with no analysis showing any coliform bacterium present; and

(c) Water from the well shall have no history of carrying any known or suspected waterborne disease organism.

(3) Unless the criteria of paragraph (B)(1) or (B)(2) of this rule are met for a particular water source, the director shall base the determination and designation of the water source as surface water or as ground water on all the available information of the types listed in paragraph (A) of this rule.

(C) Designation of a public water system’s water sources as including surface water shall bring this public water system under the requirements of rules 3745-81-71 to 3745-81-75 of the Administrative Code.

(D) The director may redesignate a water source as surface water or as ground water at any time that additional information indicates that redesignation is appropriate.

Effective: 01/01/2002

R.C. 119.032 review dates: 10/04/2006 and 10/04/2011

Promulgated Under: 119.03

Statutory Authority: RC 6109.04

Rule Amplifies: RC 6109.03, 6109.04

Prior Effective Dates: 12/31/90

(A) Surface water community and nontransient noncommunity public water systems using conventional filtration and serving ten thousand or more persons shall comply with this rule beginning January 1, 2002. Surface water community and nontransient noncommunity public water systems using conventional filtration and serving less than ten thousand persons shall comply with this rule beginning January 1, 2004. Surface water systems using conventional filtration treatment shall operate with enhanced coagulation or enhanced softening to achieve the TOC per cent removal levels specified in paragraph (F) of this rule unless the system meets at least one of the alternative compliance criteria listed in paragraph (D) or (E) of this rule.

(B) Surface water systems using conventional filtration treatment shall comply with the following monitoring requirements for disinfection byproduct precursors (DBPP).

(1) Routine monitoring: public water systems using surface water as a source which use conventional filtration treatment shall monitor each treatment plant for TOC no later than the point of combined filter effluent turbidity monitoring and representative of the treated water. All public water systems required to monitor under this paragraph shall also monitor for TOC in the source water prior to any treatment at the same time as monitoring for TOC in the treated water. These samples (source water and treated water) are referred to as paired samples. At the same time as the source water sample is taken, all systems shall monitor for alkalinity in the source water prior to any treatment. Public water systems shall take one paired sample and one source water alkalinity sample per month per plant at a time representative of normal operating conditions and influent water quality.

(2) Reduced monitoring: public water systems using surface water as a source with an average treated water TOC of less than 2.0 mg/l for two consecutive years, or less than 1.0 mg/l for one year, may reduce monitoring for both TOC and alkalinity to one paired sample and one source water alkalinity sample per plant per quarter. The public water system must revert to routine monitoring in the month following the quarter when the running annual average treated water TOC 3;2.0 mg/l.

(C) Public water systems may begin monitoring twelve months prior to the compliance date for the system, to determine whether step 1 TOC removals can be met. This monitoring is not required and failure to monitor during this period is not a violation. However, any public water system that does not monitor during this period, and then determines in the first twelve months after the compliance date that it is not able to meet the step 1 requirements in paragraph (F)(2) of this rule and must apply for alternate minimum TOC removal (step 2) requirements, is not eligible for retroactive approval of alternate minimum TOC removal (step 2) requirements as allowed by paragraph (F)(3) of this rule and is in violation of the treatment technique for TOC removal of this rule. Public water systems may apply for alternate minimum TOC removal (step 2) requirements any time after the compliance date.

(D) Alternative compliance criteria for enhanced coagulation and enhanced softening systems. Surface water systems using conventional filtration treatment may use one or more of the alternative compliance criteria in paragraphs (D)(1) to (D)(7) of this rule to comply with this rule in lieu of complying with paragraph (F) of this rule. Public water systems must still comply with the monitoring requirements of paragraph (B) of this rule.

(1) The system’s source water TOC level, measured according to rule 3745-81-27 of the Administrative Code, is less than 2.0 mg/l, calculated quarterly as a running annual average.

(2) The system’s treated water TOC level, measured according to rule 3745-81-27 of the Administrative Code, is less than 2.0 mg/l, calculated quarterly as a running annual average.

(3) The system’s source water TOC level, measured according to rule 3745-81-27 of the Administrative Code, is less than 4.0 mg/l, calculated quarterly as a running annual average; the source water alkalinity, measured according to rule 3745-81-27 of the Administrative Code, is greater than 60 mg/l (as CaCO3), calculated quarterly as a running annual average and the TTHM and HAA5 running annual averages are no greater than 0.040 mg/l and 0.030 mg/l, respectively.

(4) The system’s source water TOC level, measured according to rule 3745-81-27 of the Administrative Code, is less than 4.0 mg/l, calculated quarterly as a running annual average; the source water alkalinity, measured according to rule 3745-81-27 of the Administrative Code, is greater than 60 mg/l (as CaCO3), calculated quarterly as a running annual average and the system has made a clear and irrevocable financial commitment not later than the effective date for compliance in paragraph (A) of this rule to use technologies that will limit the levels of TTHMS and HAA5 to no more than 0.040 mg/l and 0.030 mg/l, respectively. Systems must submit evidence of a clear and irrevocable financial commitment, in addition to a schedule containing milestones and periodic progress reports for installation and operation of appropriate technologies, to the director for approval not later than the effective date for compliance in paragraph (A) of this rule. These technologies must be installed and operating not later than June 30, 2005. Failure to install and operate these technologies by the date in the approved schedule will constitute a violation of the Administrative Code primary drinking water regulations for control of disinfection byproduct precursors.

(5) The TTHM and HAA5 running annual averages are no greater than 0.040 mg/l and 0.030 mg/l, respectively, and the system uses only chlorine for primary disinfection and maintenance of a residual in the distribution system.

(6) The system’s source water SUVA, prior to any treatment and measured monthly according to of rule 3745-81-27 of the Administrative Code, is less than or equal to 2.0 l/mg-m, calculated quarterly as a running annual average.

(7) The system’s finished water SUVA, measured monthly according to rule 3745-81-27 of the Administrative Code, is less than or equal to 2.0 l/mg-m, calculated quarterly as a running annual average.

(E) Additional alternative compliance criteria for softening systems. Systems practicing enhanced softening that cannot achieve the TOC removals required by paragraph (F)(2) of this rule may use the alternative compliance criteria in paragraph (E)(1) or (E)(2) of this rule in lieu of complying with paragraph (F) of this rule. Systems must still comply with monitoring requirements in paragraph (B) of this rule.

(1) Softening that results in lowering the treated water alkalinity to less than 60 mg/l (as CaCO3), measured monthly according to rule 3745-81-27 of the Administrative Code and calculated quarterly as a running annual average.

(2) Softening that results in removing at least 10 mg/l of magnesium hardness (as CaCO3), measured monthly and calculated quarterly as an annual running average.

(F) Enhanced coagulation and enhanced softening performance requirements.

(1) Public water systems must achieve the per cent reduction of TOC specified in paragraph (F)(2) of this rule between the source water and the combined filter effluent, unless the director approves a system’s request for alternate minimum TOC removal (step 2) requirements under paragraph (F)(3) of this rule.

(2) Required step 1 TOC reductions, indicated in the following table, are based upon specified source water parameters measured according to rule 3745-81-27 of the Administrative Code. Systems practicing softening are required to meet the step 1 TOC reductions in the far-right column (source water alkalinity > 120 mg/l) for the specified source water TOC:

Step 1 required removal of TOC by enhanced coagulation and enhanced softening for surface water systems using conventional treatment

1,2

Source-water alkalinity, mg/l as

CaCO3

Source-water TOC, mg/l

0 – 60 >60 – 120 >1203

(Per cent) (Per cent) (Per cent)

>2.0 – 4.0 35.0 25.0 15.0

>4.0 – 8.0 45.0 35.0 25.0

>8.0 50.0 40.0 30.0

1 Systems meeting at least one of the conditions in paragraphs (D)(1) to (D)(7) of this rule are not required to operate with enhanced coagulation.

2 Softening systems meeting one of the alternative compliance criteria in paragraphs (E)(1) and (E)(2) of this rule are not required to operate with enhanced softening.

3 Systems practicing softening must meet the TOC removal requirements in this column.

(3) Surface water conventional treatment systems that cannot achieve the step 1 TOC removals required by paragraph (F)(2) of this rule due to water quality parameters or operational constraints shall apply to the director, within three months of failure to achieve the TOC removals required by paragraph (F)(2) of this rule, for approval of alternative minimum TOC removal (step 2) requirements submitted by the system. If the director approves the alternative minimum TOC removal (step 2) requirements, the director may make those requirements retroactive for the purposes of determining compliance. Until the director approves the alternate minimum TOC removal (step 2) requirements, the system must meet the step 1 TOC removals contained in paragraph (F)(2) of this rule.

(4) Alternate minimum TOC removal (step 2) requirements. Applications made to the director by enhanced coagulation systems for approval of alternative minimum TOC removal (step 2) requirements under paragraph (F)(3) of this rule shall include, at a minimum, results of bench-or pilot-scale testing conducted under paragraphs (F)(6) to (F)(9) of this rule. The submitted bench- or pilot-scale testing shall be used to determine the alternate enhanced coagulation level.

(5) Alternate enhanced coagulation level is defined as coagulation at a coagulant dose and pH as determined by the method described in paragraphs (F)(6) to (F)(9) of this rule such that an incremental addition of ten mg/l of alum (or equivalent amount of ferric salt) results in a TOC removal of < 0.3 mg/l. The per cent removal of TOC at this point on the “TOC removal versus coagulant dose” curve is then defined as the minimum TOC removal required for the system. Once approved by the director, this minimum requirement supersedes the minimum TOC removal required by the table in paragraph (F)(2) of this rule. This requirement will be effective until such time as the director approves a new value based on the results of a new bench- or pilot-scale test. Failure to achieve alternative minimum TOC removal levels as set by the director is a violation of the Administrative Code primary drinking water regulations for control of disinfection byproduct precursors.

(6) Bench- or pilot-scale testing of enhanced coagulation must be conducted by using representative water samples and adding 10 mg/l increments of alum (or equivalent amounts of ferric salt) until the pH is reduced to a level less than or equal to the enhanced coagulation step 2 target pH shown in the following table:

Enhanced coagulation step 2 target pH

Alkalinity (mg/l as CaCO3) Target pH

0 – 60 5.5

>60 – 120 6.3

>120 – 240 7.0

>240 7.5

(7) For waters with alkalinities of less than 60 mg/l for which addition of small amounts of alum or equivalent addition of iron coagulant drives the pH below 5.5 before significant TOC removal occurs, the system must add necessary chemicals to maintain the pH between 5.3 and 5.7 in samples until the TOC removal of 0.3 mg/l per ten mg/l alum added (or equivalent addition of iron coagulant) is reached.

(8) The system may operate at any coagulant dose or pH necessary (consistent with other state primary drinking water regulations) to achieve the minimum TOC per cent removal approved under paragraph (F)(3) of this rule.

(9) If the TOC removal is consistently less than 0.3 mg/l of TOC per 10 mg/l of incremental alum dose at all dosages of alum (or equivalent addition of iron coagulant), the water is deemed to contain TOC not amenable to enhanced coagulation. The system may then apply to the director for a waiver of enhanced coagulation requirements.

(G) Compliance calculations: surface water systems other than those identified in paragraphs (D) or (E) of this rule shall comply with requirements contained in paragraph (F)(2) or (F)(3) of this rule. Systems shall calculate compliance quarterly, beginning after the system has collected twelve months of data, by determining a running annual average using the following method:

(1) Determine actual monthly TOC per cent removal. This is equal to:

(1 – (treated water TOC/source water TOC)) X 100.

(2) Determine the required monthly TOC per cent removal (from either the table in paragraph (F)(2) of this rule or from paragraph (F)(3) of this rule).

(3) Divide the value determined according to paragraph (G)(1) of this rule by the value determined according to paragraph (G)(2) of this rule.

(4) Add together the results of paragraph(G)(3) of this rule for the last twelve months and divide by twelve.

(5) If the value calculated in paragraph (G)(4) of this rule is less than 1.00, the system is not in compliance with the TOC per cent removal requirements.

(6) Systems may use the provisions in paragraphs (G)(7) to (G)(11) of this rule in lieu of the calculations in paragraphs (G)(1) to (G)(5) of this rule to determine compliance with TOC per cent removal requirements.

(7) In any month that the system’s treated or source water TOC level, measured according to rule 3745-81-27 of the Administrative Code, is less than 2.0 mg/l, the system may assign a monthly value of 1.0 (in lieu of the value calculated in paragraph (G)(3) of this rule).

(8) In any month that a system practicing softening removes at least 10 mg/l of magnesium hardness (as CaCO3), the system may assign a monthly value of 1.0 (in lieu of the value calculated in paragraph (G)(3) of this rule).

(9) In any month that the system’s source water SUVA, prior to any treatment and measured according to rule 3745-81-27 of the Administrative Code, is < 2.0 l/mg-m, the system may assign a monthly value of 1.0 (in lieu of the value calculated in paragraph (G)(3) of this rule).

(10) In any month that the system’s finished water SUVA, measured according to rule 3745-81-27 of the Administrative Code, is < 2.0 l/mg-m, the system may assign a monthly value of 1.0 (in lieu of the value calculated in paragraph (G)(3) of this rule).

(11) In any month that a system practicing enhanced softening lowers alkalinity below 60 mg/l (as CaCO3), the system may assign a monthly value of 1.0 (in lieu of the value calculated in paragraph (G)(3) of this rule).

(12) Surface water systems using conventional treatment may also comply with the requirements of this rule by meeting the criteria in paragraph (D) or (E) of this rule.

(H) Treatment technique requirements for DBP precursors. The director identifies the following as treatment techniques to control the level of disinfection byproduct precursors in drinking water treatment and distribution systems: for surface water systems using conventional treatment, enhanced coagulation or enhanced softening.

(I) Each public water system required to monitor under this rule shall develop and implement a monitoring plan. The public water system shall maintain the plan and make it available for inspection by the director and the general public no later than thirty days following the applicable compliance dates in this rule. All surface water systems serving more than three thousand three hundred people shall submit a copy of the monitoring plan to the director no later than the date of the first report required under paragraph (G) of rule 3745-81-75 of the Administrative Code. The director may also require any other public water system to submit such a plan. After review, the director may require changes in any plan elements to ensure monitoring will be adequate for required compliance determinations. The public water system shall modify the plan as required by the director. The plan shall include how the public water system will calculate compliance with the treatment technique for disinfection byproduct precursors. Failure to sample according to the monitoring plans is monitoring violation.

HISTORY: Eff 1-1-02; 1-1-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 6109.04

Rule amplifies: RC 6109.03 and 6109.04

RC 119.032 review dates: 10/4/06, 9/25/03, 1/1/09

(A) Applicability.

(1) Beginning January 1, 2002 all surface water community public water systems that treat their water with any combination of chlorine, chloramines, chlorine dioxide and/or ozone and serve less than ten thousand persons shall monitor for TTHM and HAA5 according to this rule. Beginning January 1, 2004 these systems will no longer have to comply with this rule and shall comply with Administrative Code rules 3745-81-12 and 3745-81-24.

(2) Beginning January 1, 2002 all consecutive community public water systems that receive water from public water systems that use sources of water designated as surface water according to rule 3745-81-76 of the Administrative Code and distribute water that has been treated with any combination of chlorine, chloramines, chlorine dioxide and/or ozone but do not treat their water with any of these chemicals shall monitor for TTHM and HAA5 according to this rule.

(B) Definition. For purposes of this rule, optimization of distribution system operation is defined as:

(1) Reduction of TTHM to below 0.080 mg/l and HAA5 to below 0.060 mg/l as a running annual average as determined according to paragraph (E) of this rule;

(2) A significant reduction in the running annual averages of TTHM and HAA5. The reduction shall be determined by comparing the running annual averages from the first four quarters of monitoring to running annual averages determined by subsequent monitoring conducted according to this rule; or

(3) Demonstration of the implementation of an approved optimization plan.

(C) Monitoring requirements.

(1) Monitoring required by this rule shall be done using analytical procedures listed in rule 3745-81-27 of the Administrative Code, which are acceptable for monitoring TTHM and HAA5, and analyzed by laboratories certified to perform such analyses according to rule 3745-89-03 of the Administrative Code.

(2) Routine monitoring: public water systems specified in paragraph (A) of this rule shall conduct routine monitoring for TTHM and HAA5 according to the following table:

Population served by the public water system Routine monitoring frequency Sample location in the distribution system

10,000 or more persons (consecutive systems not treating with a disinfectant). Four water samples per treatment plant or bulk supplier. At least twenty-five per cent of quarter per all samples collected each quarter at locations representing maximum residence time. Remaining samples taken at locations representative of at least average residence time in the distribution system and representing the entire distribution system, taking into account number of persons served, different sources of Water, and different treatmentmethods.

Fewer than 10,000 persons. One water sample per quarter per treatment plant or bulk supplier. Location(s) representing maximum residence time.

(3) Reduced monitoring. Public water systems specified in paragraph (A)(2) of this rule may reduce monitoring according to the following table:

Type of public water system Conditions for reduced Monitoring Reduced monitoring frequency

10,000 or more persons (consecutive systems not treating with a disinfectant) TTHM running annual average #0.040 mg/l and HAA5 running annual average #0.030 mg/l. One sample per bulk supplier per quarter at distribution system locations reflecting maximum residence time.

Fewer than 10,000 persons (consecutive systems not treating with a disinfectant) TTHM running annual average #0.040 mg/l and HAA5 running annual average #0.030 mg/l. One sample per bulk supplier per year at distribution system locations reflecting maximum residence time during the month of warmest water temperature.

(a) Public water systems on a reduced monitoring schedule may remain on that reduced schedule as long as the average of all samples taken in the year (for public water systems which must monitor quarterly) or the result of the sample (for public water systems which must monitor no more frequently than annually) is no more than 0.060 mg/l and 0.045 mg/l for TTHMs and HAA5, respectively. Public water systems that do not meet these levels shall resume monitoring at the frequency identified in paragraph (C)(1) of this rule (routine monitoring) in the quarter immediately following the quarter in which the public water system exceeds either 0.060 mg/l and 0.045 mg/l for TTHM and HAA5, respectively.

(b) The director may return a public water system to routine monitoring at the director’s discretion.

(c) All samples taken and analyzed under the provisions of this rule must be included in determining compliance with the annual running average for TTHMs and HAA5, even if that number is greater than the minimum required.

(4) Public water systems shall take all samples during normal operating conditions. For each quarterly interval, all samples for each public water system shall be collected within a twenty-four hour period. This requirement may be waived in the event of any unforseen, temporary or uncontrollable circumstances. Failure to monitor according to this rule is a monitoring violation.

(D) Reporting requirements. Public water systems monitoring for TTHM and HAA5 according to this rule shall ensure that the analytical results are reported to the director according to the requirements specified in rules 3745-89-08 and 3745-81-61 of the Administrative Code.

(E) For TTHMs and HAA5 the director will calculate a running annual arithmetic average, computed quarterly, of quarterly arithmetic averages of all samples collected by the public water system as prescribed by paragraph (C) of this rule.

(F) Trigger for optimization. The requirements of paragraph (G) of this rule apply to those public water systems described in paragraph (A)(2) of this rule. If the running annual arithmetic average of quarterly averages covering any consecutive four-quarter period exceeds 0.080 mg/l for TTHMs or 0.060 mg/l for HAA5, public water systems shall operate their distribution system in a manner that will minimize the level of TTHM and HAA5 present in the system by optimizing operation of their distribution systems.

(G) Optimization requirements.

(1) Water systems that are required to optimize their distribution systems by paragraph (F) of this rule shall do so according to a written plan submitted to the director. The plan shall be submitted within six months of exceeding the levels specified in paragraph (F)of this rule. Water systems shall complete distribution optimization as soon as practical, but no later than thirty-six months following the date of exceeding the level specified in paragraph (F) of this rule. Failure to optimize according to this rule is a treatment technique violation.

(2) Plans for optimizing a distribution system shall include but not be limited to the following.

(a) Optimal replacement of water in storage tanks. Replacement of at least twenty-five per cent of water is recommended on a daily basis;

(b) Calculations or modeling to determine water age, identification of deficiencies in the distribution system, an evaluation of options for improvements and corrections, and consultation with the director on the feasibility of implementing the improvements and corrections. Improvements and corrections considered may include the installation of additional water lines, looping and modifying flow through adjustment of valves;

(c) Planned flushing program;

(d) If multiple water sources are used, varying the source or percentage of the source used based on the potential to form disinfection by-products; and

(e) A schedule indicating when operational improvements and capital improvements will be completed.

(H) The director shall review and approve the written distribution optimization plan.

Effective: 1/1/2004

RC 119.032 review dates: 09/25/2003 and 01/01/2009

Promulgated under: RC Chapter 119

Statutory authority: RC Section 6109.04

Rule amplifies: RC Section 6109.03, 6109.04

Prior effective dates: 01/01/2002

(A) A surface water system that uses conventional filtration treatment or direct filtration treatment and that recycles spent filter backwash water, thickener supernatant, or liquid from a dewatering process shall meet these requirements.

(1) By December 8, 2003, the surface water system shall notify the director in writing if spent filter backwash water, thickener supernatant, or liquid from a dewatering process is recycled. This notification must include at least the following information:

(a) A plant schematic showing the origin of all flows which are recycled that may include, but are not limited to:

(i) Spent filter backwash water;

(ii) Thickener supernatant;

(iii) Liquid from a dewatering process;

(iv) Filter to waste;

(v) The hydraulic conveyance used to transport them; or

(vi) The location where they are mixed in the water treatment process; and

(b) The typical recycle flow, the highest observed plant flow during the previous twelve months and the state approved design capacity. All flows shall be reported in gallons per minute.

(2) By June 8, 2004, surface water systems which recycle spent filter backwash water, thickener supernatant, or a liquid from dewatering process shall return these flows through the existing conventional filtration treatment or direct filtration treatment, or through an alternative location that is approved by the director. Failure to comply with this paragraph is a treatment technique violation.

(3) Beginning June 8, 2004, the surface water system shall collect and retain on file the following recycle flow information for review and evaluation:

(a) A copy of the recycle notification and information that was submitted to the director in accordance to paragraph (A)(1) of this rule:

(b) A list of all recycle flows and the frequency with which they are returned;

(c) The average and maximum backwash flow rates through the filters and the average and maximum durations of the filter backwash in minutes;

(d) The typical filter run length and a written summary of how filter run length is determined;

(e) The type of treatment provided for the recycle flow; and

(f) Data on the physical dimensions of the equilization and treatment units, typical and maximum hydraulic loading rates, type of treatment chemicals used and average dose and frequency of use, and, if applicable, frequency that solids are removed.

HISTORY: Eff. 8-3-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 6109.04

Rule amplifies: RC 6109.03, 6109.04(B)

R.C. 119.032 review dates: 08/03/2009 and 08/03/2014

(A) Applicability. The requirements of rules 3745-81-80 to 3745-81-90 of the Administrative Code are based on the national primary drinking water regulations for lead and copper. Unless otherwise indicated, each of the provisions of these rules applies to community water systems and non-transient non-community water systems (hereinafter referred to as “water systems” or “systems”).

(B) Scope. These regulations establish a treatment technique that includes requirements for corrosion control treatment, source water treatment, lead service line replacement, and public education. Lead and copper action levels, measured in samples collected at consumers’ taps, may trigger these requirements.

(C) Lead and copper action levels.

(1) The lead action level is exceeded if the concentration of lead in more than ten per cent of tap water samples collected during any monitoring period conducted in accordance with rule 3745-81-86 of the Administrative Code is greater than 0.015 milligram per liter, i.e., if the “ninetieth percentile” lead level is greater than 0.015 milligram per liter.

(2) The copper action level is exceeded if the concentration of copper in more than ten percent of tap water samples collected during any monitoring period conducted in accordance with rule 3745-81-86 of the Administrative Code is greater than 1.3 milligrams per liter, i.e., if the “ninetieth percentile” copper level is greater than 1.3 milligrams per liter.

(3) The ninetieth percentile lead and copper levels shall be computed as follows:

(a) The analytical results of all lead or copper samples taken during a monitoring period shall be placed in ascending order from the sample with the lowest concentration to the sample with the highest concentration. Each analytical result shall be assigned a consecutive whole number, beginning with the number one for the sample with the lowest contaminant level. The number assigned to the sample with the highest contaminant level shall be that of the total number of samples analyzed.

(b) The number of samples taken during the monitoring period shall be multiplied by 0.9.

(c) The contaminant concentration in the numbered sample with the number yielded by the calculation in paragraph (C)(3)(b) of this rule is the ninetieth percentile contaminant level.

(d) For public water systems that monitor five samples per monitoring period, the ninetieth percentile is computed by taking the average for the two samples with highest concentrations.

(e) For public water systems that have been allowed by the director to collect fewer than five samples under rule 3745-81-86 of the Administrative Code, the sample result with the highest concentration is considered the ninetieth percentile value.

(D) Corrosion control treatment requirements.

(1) All water systems shall install and operate optimal corrosion control treatment as defined in rule 3745-81-01 of the Administrative Code.

(2) Any water system that complies with the applicable corrosion control treatment requirements approved by the director under rules 3745-81-81 and 3745-81-82 of the Administrative Code shall be deemed in compliance with the treatment requirement contained in paragraph (D)(1) of this rule.

(E) Source water treatment requirements. Any system exceeding the lead or copper action level shall implement all applicable source water treatment requirements specified by the director under rule 3745-81-83 of the Administrative Code.

(F) Lead service line replacement requirements. Any system exceeding the lead action level after implementation of applicable corrosion control and source water treatment requirements shall complete the lead service line replacement requirements contained in rule 3745-81-84 of the Administrative Code.

(G) Consumer notification and public education requirements.

(1) Consumer notification. Pursuant to paragraph (D) of rule 3745-81-85 of the Administrative Code, all public water systems shall provide a consumer notice of lead tap water monitoring results to persons served at the sites (taps) that are sampled.

(2) Public education. Any system exceeding the lead action level shall implement the public education requirements contained in rule 3745-81-85 of the Administrative Code.

(H) Monitoring and analytical requirements. Monitoring of tap water for lead and copper, monitoring for water quality parameters, monitoring of source water at seach entry point to the distribution system for lead and copper, and analyses of these monitoring samples shall be completed in compliance with rules 3745-81-86 to 3745-81-89 of the Administrative Code and Chapter 3745-89 (laboratory approval) of the Administrative Code.

(I) Reporting requirements. Public water systems shall report to the director any information required by the treatment provisions of rules 3745-81-80 to 3745-81-90 of the Administrative Code.

(J) Recordkeeping requirements. Public water systems shall maintain records in accordance with rule 3745-81-90 of the Administrative Code.

(K) Violation of primary drinking water regulations. Failure to comply with the applicable requirements of rules 3745-81-80 to 3745-81-90 of the Administrative Code, including requirements established by the director pursuant to these provisions, shall constitute a violation of the Administrative Code primary drinking water regulations for lead and/or copper.

Effective: 07/24/2009

R.C. 119.032 review dates: 04/20/2009 and 07/24/2014

Promulgated Under: 119.03

Statutory Authority: 6109.04

Rule Amplifies: 6109.04

Prior Effective Dates: 9/13/93, 10/17/03

(A) Public water systems shall complete the applicable corrosion control treatment requirements described in rule 3745-81-82 of the Administrative Code by the deadlines established in this rule.

(1) A large system (serving more than fifty thousand persons) shall complete the corrosion control treatment steps specified in paragraph (D) of this rule, unless it is deemed to have optimized corrosion control under paragraph (B)(2) or (B)(3) of this rule.

(2) A small system (serving less than or equal to three thousand three hundred persons) and a medium system (serving more than three thousand three hundred and less than or equal to fifty thousand persons) shall complete the corrosion control treatment steps specified in paragraph (E) of this rule, unless it is deemed to have optimized corrosion control under paragraph (B)(1), (B)(2), or (B)(3) of this rule.

(B) A public water system is deemed to have optimized corrosion control and is not required to complete the applicable corrosion control treatment steps identified in this rule if the system satisfies one of the criteria specified in paragraphs (B)(1) to (B)(3) of this rule. Any such system deemed to have optimized corrosion control under this paragraph, and which has treatment in place, shall continue to operate and maintain optimal corrosion control treatment and meet any requirements that the director determines appropriate to ensure optimal corrosion control treatment is maintained.

(1) A small or medium water system is deemed to have optimized corrosion control if during each of two consecutive six-month monitoring periods conducted in accordance with rule 3745-81-86 of the Administrative Code the system does not exceed the lead or copper action levels.

(2) Any public water system may be deemed by the director to have optimized corrosion control treatment if the system demonstrates to the satisfaction of the director that it has conducted activities equivalent to the corrosion control steps applicable to such system under this rule. If the director makes this determination, the director shall provide the system with written notice explaining the basis for the director’s decision and shall specify the water quality control parameters representing optimal corrosion control in accordance with paragraph (F) of rule 3745-81-82 of the Administrative Code. Water systems deemed to have optimized corrosion control under this paragraph shall operate in compliance with the designated optimal water quality control parameters in accordance with paragraph (G) of rule 3745-81-82 of the Administrative Code and continue to conduct lead and copper tap and water quality parameter sampling in accordance with paragraph (D)(3) of rule 3745-81-86 and paragraph (D) of rule 3745-81-87 of the Administrative Code, respectively. A system shall provide the director with the following information in order to support a determination under this paragraph:

(a) The results of all test samples collected for each of the water quality parameters in paragraph (C)(3) of rule 3745-81-82 of the Administrative Code;

(b) A report explaining the test methods used by the water system to evaluate the corrosion control treatments listed in paragraph (C)(1) of rule 3745-81-82 of the Administrative Code, the results of all tests conducted, and the basis for the system’s selection of optimal corrosion control treatment;

(c) A report explaining how corrosion control has been installed and how it is being maintained to insure minimal lead and copper concentrations at consumers’ taps; and

(d) The results of tap water monitoring with samples collected in accordance with rule 3745-81-86 of the Administrative Code at least once every six months for one year after corrosion control has been installed.

(3) Any water system is deemed to have optimized corrosion control if, for two consecutive six-month monitoring periods, the difference between the ninetieth percentile tap water level computed under paragraph (C)(3) of rule 3745-81-80 of the Administrative Code and the highest source water at the entry point to the distribution system lead concentration is less than the practical quantitation level (PQL) of 0.005 milligrams per liter. Monitoring shall be conducted in accordance with rules 3745-81-86 and 3745-81-88 of the Administrative Code.

(a) Those systems whose highest source water at the entry point to the distribution system lead level is below the method detection limit (MDL) may also be deemed to have optimized corrosion control under this paragraph if the ninetieth percentile tap water lead level is less than or equal to the PQL of 0.005 milligram per liter for two consecutive six-month monitoring periods.

(b) Any water system deemed to have optimized corrosion control in accordance with this paragraph shall continue monitoring for lead and copper at the tap no less frequently than once every three calendar years using the reduced number of sites specified in paragraph (C) of rule 3745-81-86 of the Administrative Code and collecting the samples at times and locations specified in paragraph (D)(4)(d) of rule 3745-81-86 of the Administrative Code.

(c) Any water system deemed to have optimized corrosion control in accordance with this paragraph shall notify the director in writing of any change or modification in treatment or the addition of a new source in accordance with paragraph (A)(3) of rule 3745-81-90. The director shall review and approve the addition of a new source or substantial change in treatment before it is implemented by the water system. The director may require any such water system to conduct additional monitoring or to take other action the director deems appropriate to ensure that minimal levels of corrosion in the distribution system are maintained.

(d) As of the effective date of this rule, a system is not deemed to have optimized corrosion control under this paragraph, and shall implement corrosion control treatment pursuant to paragraph (B)(3)(e) of this rule unless it meets the copper action level.

(e) Any system triggered into corrosion control because it is no longer deemed to have optimized corrosion control under this paragraph shall implement corrosion control treatment in accordance with the deadlines in paragraph (E) of this rule. Any such large system shall adhere to the schedule specified in that paragraph for medium systems, with the time periods for completing each step being triggered by the date the system is no longer deemed to have optimized corrosion control under this paragraph.

(C) Any small or medium water system that is required to complete the corrosion control steps due to exceeding the lead or copper action level may cease completing the treatment steps whenever both action levels are no longer exceeded by the public water system during each of two consecutive monitoring periods conducted pursuant to rule 3745-81-86 of the Administrative Code and the system submits the results to the director. If any such water system thereafter exceeds the lead or copper action level during any monitoring period, the system (or the director, as the case may be) shall recommence completion of the applicable treatment steps, beginning with the first treatment step which was not previously completed in its entirety. The director may require a system to repeat treatment steps previously completed where the director determines that this is necessary to implement properly the treatment requirements of this rule. The director shall notify the system in writing of such a determination and explain the basis for the decision. The requirement for any small or medium water system to implement corrosion control treatment steps in accordance with paragraph (E) of this rule (including systems deemed to have optimized corrosion control under paragraph (B)(1) of this rule) is triggered whenever monitoring exceeds the lead or copper action level.

(D) Treatment steps for large systems. Except as provided in paragraphs (B)(2) and (B)(3) of this rule, large systems shall complete the following corrosion control treatment steps (described in the referenced portions of rules 3745-81-82, 3745-81-86, and 3745-81-87 of the Administrative Code).

(1) Step one: The system shall conduct initial monitoring (in accordance with paragraph (D)(1) of rule 3745-81-86 and paragraph (B) of rule 3745-81-87 of the Administrative Code) during two consecutive six-month monitoring periods.

(2) Step two: The system shall complete corrosion control studies (in accordance with paragraph (C) of rule 3745-81-82 of the Administrative Code).

(3) Step three: The director shall complete the review and approval of optimal corrosion control treatment plans (in accordance with paragraph (D) of rule 3745-81-82 of the Administrative Code).

(4) Step four: The system shall install optimal corrosion control treatment (in accordance with paragraph (E) of rule 3745-81-82 of the Administrative Code).

(5) Step five: The system shall complete follow-up monitoring (in accordance with paragraph (D)(2) of rule 3745-81-86 of the Administrative Code and paragraph (C) of rule 3745-81-87 of the Administrative Code).

(6) Step six: The director shall review installation of treatment and specify optimal water quality parameters (in accordance with paragraph (F) of rule 3745-81-82 of the Administrative Code).

(7) Step seven: The system shall operate in compliance with the director-specified optimal water quality control parameters (in accordance with paragraph (G) of rule 3745-81-82 of the Administrative Code) and continue to conduct tap sampling (in accordance with paragraph (D)(3) of rule 3745-81-86 of the Administrative Code and paragraph (D) of rule 3745-81-87 of the Administrative Code).

(E) Treatment steps and deadlines for small and medium systems. Except as provided in paragraph (B) of this rule, small and medium systems shall complete the following corrosion control treatment steps (described in the referenced portions of rules 3745-81-82, 3745-81-86, and 3745-81-87 of the Administrative Code) within the indicated time periods.

(1) Step one: The system shall conduct initial tap monitoring (in accordance with paragraph (D)(1) of rule 3745-81-86 of the Administrative Code and paragraph (B) of rule 3745-81-87 of the Administrative Code) until the system either exceeds the lead or copper action level or becomes eligible for reduced monitoring under paragraph (D)(4) of rule 3745-81-86 of the Administrative Code.

(a) A small system exceeding the lead or copper action level shall recommend optimal corrosion control treatment (in accordance with paragraph (A) of rule 3745-81-82 of the Administrative Code), and submit plans therefor if required by Chapter 3745-91 of the Administrative Code, within six months after the end of the monitoring period during which it exceeds one of the action levels.

(b) A medium system exceeding the lead or copper action level shall proceed to step two, paragraph (E)(2) of this rule, requiring corrosion control studies (in accordance with paragraph (B) of rule 3745-81-82 of the Administrative Code).

(2) Step two: Within twelve months after the end of the monitoring period during which a small system exceeds the lead or copper action level, the director may require the system to perform corrosion control studies (in accordance with paragraph (B) of rule 3745-81-82 of the Administrative Code). If the director does not require the small system to perform such studies, the director shall complete the review and approval of optimal corrosion control treatment plans (in accordance with paragraph (D) of rule 3745-81-82 of the Administrative Code) within twenty-four months after the end of the monitoring period during which the system exceeds the lead or copper action level.

Any medium system exceeding the lead or copper action level is required to perform corrosion control studies (in accordance with paragraph (B) of rule 3745-81-82 of the Administrative Code).

(3) Step three: When the director requires a system to perform corrosion control studies under step two, the system shall complete the studies and submit approvable plans for optimum corrosion control treatment (in accordance with paragraph (C) of rule 3745-81-82 of the Administrative Code) within eighteen months after the director requires that such studies be conducted.

(4) Step four: If the system has performed corrosion control studies under step two, the director shall complete the review and approval of optimal corrosion control treatment plans (in accordance with paragraph (D) of rule 3745-81-82 of the Administrative Code) within six months after completion of step three.

(5) Step five: The system shall install optimal corrosion control treatment (in accordance with paragraph (E) of rule 3745-81-82 of the Administrative Code) within twenty-four months after the director approves plans therefor.

(6) Step six: The system shall complete follow-up monitoring (in accordance with paragraphs (D)(2) of rule 3745-81-86 and (C) of rule 3745-81-87 of the Administrative Code) within thirty-six months after the director approves optimal corrosion control treatment plans.

(7) Step seven: The director shall review the system’s installation of treatment and specify optimal water quality control parameters (in accordance with paragraph (F) of rule 3745-81-82 of the Administrative Code) within six months after completion of step six.

(8) Step eight: The system shall operate in compliance with the director-specified optimal water quality control parameters (in accordance with paragraph (G) of rule 3745-81-82 of the Administrative Code) and continue to conduct tap sampling (in accordance with paragraphs (D)(3) of rule 3745-81-86 and (D) of rule 3745-81-87 of the Administrative Code).

Effective: 07/24/2009

R.C. 119.032 review dates: 04/20/2009 and 07/24/2014

Promulgated Under: 119.03

Statutory Authority: 6109.04

Rule Amplifies: 6109.04

Prior Effective Dates: 04/01/96, 10/17/03

Each public water system shall complete the corrosion control treatment requirements described below which are applicable to such system under rule 3745-81-81 of the Administrative Code.

(A) Small public water system recommendation regarding corrosion control treatment. Based upon the results of lead and copper tap monitoring and water quality parameter monitoring, small water systems exceeding the lead or copper action level shall recommend installation of and submit plans for one or more of the corrosion control treatments listed in paragraph (C)(1) of this rule which the system believes constitute optimal corrosion control for that system. The director may require the small system to conduct additional water quality parameter monitoring in accordance with paragraph (B) of rule 3745-81-87 of the Administrative Code to assist the director in reviewing the system’s recommendation.

(B) Studies of corrosion control treatment by small and medium systems. The director may require any small system that exceeds the lead or copper action level to perform corrosion control studies under paragraph (C) of this rule to identify optimal corrosion control treatment for the system. Any medium system that exceeds the lead or copper action level shall perform corrosion control studies under paragraph (C) of this rule in order to identify optimal corrosion control treatment for the system.

(C) Performance of corrosion control studies.

(1) Any public water system performing corrosion control studies shall evaluate the effectiveness of each of the following treatments and, if appropriate, combinations of the following treatments to identify the optimal corrosion control treatment for that system:

(a) Alkalinity and pH adjustment;

(b) Calcium hardness adjustment; and

(c) The addition of a phosphate-based or silicate-based corrosion inhibitor at a concentration sufficient to maintain an effective residual concentration in all test tap samples.

(2) The water system shall evaluate each of the corrosion control treatments using either pipe rig/loop tests, metal coupon tests, partial-system tests, or analyses based on documented analogous treatments with other systems of similar size, water chemistry, and distribution system configuration.

(3) The water system shall measure the following water quality parameters in any tests conducted under this paragraph before and after evaluating the corrosion control treatments listed above:

(a) Lead;

(b) Copper;

(c) pH;

(d) Alkalinity;

(e) Calcium;

(f) Conductivity;

(g) Orthophosphate (when an inhibitor containing a phosphate compound is used);

(h) Silicate (when an inhibitor containing a silicate compound is used); and

(i) Water temperature.

(4) The water system shall identify all chemical or physical constraints that limit or prohibit the use of a particular corrosion control treatment and document such constraints with at least one of the following:

(a) Data and documentation showing that a particular corrosion control treatment has adversely affected other water treatment processes when used by another water system with comparable water quality characteristics; and/or

(b) Data and documentation demonstrating that the water system has previously attempted to evaluate a particular corrosion control treatment and has found that the treatment is ineffective or adversely affects other water quality treatment processes.

(5) The water system shall evaluate the effect of the chemicals used for corrosion control treatment on other water quality treatment processes.

(6) On the basis of an analysis of the data generated during each evaluation, the water system shall recommend to the director in writing the treatment option that the corrosion control studies indicate constitutes optimal corrosion control treatment for that system, and submit approvable plans therefor in accordance with Chapter 3745-91 of the Administrative Code. The water system shall provide a rationale for its recommendation along with all supporting documentation specified in paragraphs (C)(1) to (C)(5) of this rule.

(D) Director approval of optimal corrosion control treatment plans.

(1) Based upon consideration of available information, including, where applicable, studies performed under paragraph (C) of this rule and a system’s recommended treatment alternative, the director shall review the corrosion control treatment plan submitted by the system. When reviewing the submitted optimal treatment plan the director shall consider the effects that additional corrosion control treatment will have on water quality parameters and on other water quality treatment processes.

(2) The director shall notify the system of the decision on the optimal corrosion control treatment plan in writing and explain the basis for this determination. If the director requests additional information to aid the review, the water system shall provide the information.

(E) Installation of optimal corrosion control. Each public water system shall properly install and operate throughout its distribution system the optimal corrosion control treatment approved by the director under paragraph (D) of this rule.

(F) Director review of treatment and specification of optimal water quality control parameters. The director shall evaluate the results of all lead and copper tap monitoring and water quality parameter monitoring submitted by the public water system and determine whether the system has properly installed and operated the optimal corrosion control treatment plan approved by the director in paragraph (D) of this rule. Upon reviewing the results of tap water and water quality parameter monitoring by the system, both before and after the system installs optimal corrosion control treatment, the director shall specify values for the applicable water quality control parameters listed in paragraphs (F)(1) to (F)(5) of this rule to reflect optimal corrosion control treatment for the system. The director may specify values for additional water quality control parameters determined by the director to reflect optimal corrosion control for the system. The director shall notify the system in writing of these determinations and explain the basis for the decisions. Common water quality control parameters include:

(1) A minimum value or a range of values for pH measured at each entry point to the distribution system;

(2) A minimum value for pH measured in all tap samples taken for water quality parameter determinations. Such value shall be equal to or greater than 7.0, unless the director determines that meeting a pH level of 7.0 is not technologically feasible or is not necessary for the system to optimize corrosion control;

(3) If a corrosion inhibitor is used, a minimum concentration or a range of concentrations for the inhibitor, measured at each entry point to the distribution system and in all tap samples, that the director determines is necessary to form a passivating film on the interior walls of the pipes of the distribution system;

(4) If alkalinity is adjusted as part of optimal corrosion control treatment, a minimum concentration or a range of concentrations for alkalinity, measured at each entry point to the distribution system and in all tap samples; and

(5) If calcium carbonate stabilization is used as part of corrosion control, a minimum concentration or range of concentrations for calcium, measured in all tap samples.

(G) Continued operation and monitoring. All public water systems optimizing corrosion control shall continue to operate and maintain optimal corrosion control treatment, including maintaining water quality parameters at or above minimum values or within ranges designated by the director under paragraph (F) of this rule, in accordance with this paragraph for all samples collected under paragraphs (D) to

(F) of rule 3745-81-87 of the Administrative Code. Compliance with the requirements of this paragraph shall be determined every six months, as specified under paragraph (D) of rule 3745-81-87 of the Administrative Code. A water system is out of compliance with the requirements of this paragraph for a six-month period if it has excursions for any director-specified parameter on more than nine days during the period. An excursion occurs whenever the daily value for one or more of the water quality parameters measured at the sampling location is below the minimum value or outside the range designated by the director. Daily values are calculated as follows. The director has discretion to delete results of obvious sampling errors from this calculation.

(1) On days when more than one measurement for the water quality parameter is collected at the sampling location, the daily value shall be the average of all results collected during the day regardless of whether they are collected through continuous monitoring, grab sampling, or a combination of both.

(2) On days when only one measurement for the water quality parameter is collected at the sampling location, the daily value shall be the result of that measurement.

(3) On days when no measurement is collected for the water quality parameter at the sampling location, the daily value shall be the daily value calculated on the most recent day on which the water quality parameter was measured at the site.

(H) Modification of the director’s treatment decisions. Upon the director’s own initiative or in response to a request by a public water system, the director may modify the approval of the optimal corrosion control treatment plans under paragraph (D) of this rule or optimal water quality control parameters under paragraph (F) of this rule. A request for modification by a system shall be in writing, explain why the modification is appropriate, and provide supporting documentation. The director may modify the approval where the director concludes that such change is necessary to ensure that the system continues to optimize corrosion control treatment. A revised approval shall be made in writing, set forth the new treatment requirements, explain the basis for the director’s decision, and provide an implementation schedule for completing the treatment modifications.

Effective: 07/24/2009

R.C. 119.032 review dates: 04/20/2009 and 07/24/2014

Promulgated Under: 119.03

Statutory Authority: 6109.04

Rule Amplifies: 6109.04

Prior Effective Dates: 09/13/93, 10/17/03

Public water systems shall complete the applicable source water at the entry point to the distribution system monitoring and treatment requirements (described in the referenced portions of paragraph (B) of this rule and in rules 3745-81-86 and 3745-81-88 of the Administrative Code) by the deadlines in paragraphs (A)(1) to (A)(6) of this rule.

(A) Deadlines for completing source water treatment steps.

(1) Step one: a system exceeding the lead or copper action level shall complete source water at the entry point to the distribution system monitoring for lead and copper (in accordance with paragraph (B) of rule 3745-81-88 of the Administrative Code), make a treatment recommendation, and submit approvable plans, if needed, to the director (in accordance with paragraph (B)(1) of this rule) no later than one hundred eighty days after the end of the monitoring period during which the lead or copper action level was exceeded.

If monitoring is required annually, triennially, or less frequently, 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.

(2) Step two: the director shall complete the review and approval of plans regarding source water treatment (in accordance with paragraph (B)(2) of this rule) within six months after submission of monitoring results under step one.

(3) Step three: if the director requires installation of source water treatment, the system shall install the treatment (in accordance with paragraph (B)(3) of this rule) within twenty-four months after completion of step two.

(4) Step four: the system shall complete follow-up tap water monitoring (in accordance with paragraph (D)(2) of rule 3745-81-86 of the Administrative Code) and source water at the entry point to the distribution system monitoring (in accordance with paragraph (C) of rule 3745-81-88 of the Administrative Code) within thirty-six months after completion of step two.

(5) Step five: the director shall review the system’s installation and operation of source water treatment and specify maximum permissible source water at the entry point to the distribution system levels (in accordance with paragraph (B)(4) of this rule) within six months after completion of step four.

(6) Step six: the system shall operate in compliance with the director-specified maximum permissible lead and copper source water at the entry point to the distribution system levels (in accordance with paragraph (B)(4) of this rule) and continue monitoring (in accordance with paragraph (D) of rule 3745-81-88 of the Administrative Code).

(B) Description of source water treatment requirements.

(1) System treatment recommendation. Any system which exceeds the lead or copper action level shall recommend in writing to the director the installation and operation of one of the source water treatments listed in paragraph (B)(2) of this rule. A system may recommend that no treatment be installed based upon a demonstration that source water treatment is not necessary to minimize lead and copper levels at user’s taps.

(2) Director determination regarding source water treatment. The director shall complete an evaluation of the results of all source water at the entry point to the distribution system monitoring submitted by the water system to determine whether source water treatment is necessary to minimize lead or copper levels in water delivered to users’ taps. If the director determines that treatment is needed, the system shall submit approvable plans for source water treatment selected from ion exchange, reverse osmosis, lime softening, or coagulation/filtration. If the director requests additional information to aid in the review, the water system shall provide the information by the date specified in the director’s request. The director shall notify the system in writing of the determination and set forth the basis for the decision.

(3) Installation of source water treatment. Each system shall properly install and operate the source water treatment approved by the director under paragraph (B)(2) of this rule.

(4) Director’s review of source water treatment and specification of maximum permissible levels of lead and copper at source water at the entry points to the distribution system. The director shall review the source water at the entry point to the distribution system monitoring completed by the water system both before and after the system installs source water treatment, and determine whether the system has properly installed and operated the source water treatment approved by the director. Based upon the review, the director shall specify the maximum permissible lead and copper concentrations for finished water entering the distribution system. Such levels shall reflect the contaminant removal capability of the treatment properly operated and maintained. The director shall notify the system in writing and explain the basis for the decision.

(5) Continued operation and maintenance. Each water system shall maintain lead and copper levels below the maximum permissible concentrations specified by the director at each sampling point monitored in accordance with rule 3745-81-88 of the Administrative Code. The system is out of compliance with this paragraph if the level of lead or copper at any sampling point is greater than the maximum permissible concentration specified by the director.

(6) Modification of director treatment decisions. Upon the director’s initiative or in response to a request by a water system, the director may modify the approval of the source water treatment plans under paragraph (B)(2) of this rule, or maximum permissible lead and copper concentrations for finished water entering the distribution system under paragraph (B)(4) of this rule. A request for modification by a system shall be in writing, explain why the modification is appropriate, and provide supporting documentation. The director may modify the approval where the director concludes that such change is necessary to ensure that the system continues to minimize lead and copper concentrations in source water at the entry point to the distribution system. A revised approval shall be made in writing, set forth the new treatment requirements, explain the basis for the director’s decision, and provide an implementation schedule for completing the treatment modifications.

Effective: 07/24/2009

R.C. 119.032 review dates: 04/20/2009 and 07/24/2014

Promulgated Under: 119.03

Statutory Authority: 6109.04

Rule Amplifies: 6109.04

Prior Effective Dates: 09/13/93, 10/17/03

(A) 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 and/or source water treatment (whichever sampling occurs later), shall replace lead service lines in accordance with the requirements of this rule. If a 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.

(B) Lead service line replacement schedule.

(1) A 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 system shall identify the initial number of lead service lines in its distribution system, including an identification of the portion(s) 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).

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, triennially, or less frequently, 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.

(2) Any water system resuming a lead service replacement program after the cessation of its lead service line replacement program, as allowed by paragraph (F) of this rule, shall update its inventory of lead service lines to include those sites that were previously determined not to require replacement through the sampling provision under paragraph (C) of this rule. 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.

(C) A public water system is not required to replace an individual lead service line if the lead concentration in all service line samples from that line, taken pursuant to paragraph (B)(3) of rule 3745-81-86 of the Administrative Code, is less than or equal to 0.015 milligram per liter.

(D) 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 that does not replace the entire length of the service line also shall complete the following tasks.

(1) At least forty-five days prior to commencing with the partial replacement of a lead service line, the water system shall provide notice to the residents of all buildings served by the line explaining that they may experience a temporary increase of lead levels in their drinking water, along with guidance on measures consumers can take to minimize their exposure to lead. The director may allow the 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 3745-81-84 2 system shall collect the sample and report the results of the analysis to the owner and the residents served by the line within three business days of receiving the results. Mailed notices post-marked within three business days of receiving the results shall be considered “on time”.

(2) The water system shall provide the information required by paragraph (D)(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.

(E) 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 paragraph (A) of this rule.

(F) 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 (B) of this rule.

(G) To demonstrate compliance with paragraphs (A) to (D) of this rule, a public water system shall report to the director the information specified in paragraph (E) of rule 3745-81-90 of the Administrative Code.

Effective: 07/24/2009

R.C. 119.032 review dates: 04/20/2009 and 07/24/2014

Promulgated Under: 119.03

Statutory Authority: 6109.04

Rule Amplifies: 6109.04

Prior Effective Dates: 09/13/93, 10/17/03

All public water systems 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 paragraph (D) of this rule. A water system that exceeds the lead action level based on tap water samples collected in accordance with rule 3745-81-86 of the Administrative Code shall deliver the public education materials contained in paragraph (A) of this rule in accordance with the requirements in paragraph (B) of this rule. Water systems that exceed the lead action level shall sample the tap water of any customer who requests it in accordance with paragraph (C) of this rule.

(A) Content of written public education materials.

(1) Community and nontransient noncommunity water systems shall include the following elements in printed materials (e.g., brochures and pamphlets) in the same order as listed below. In addition, language in paragraphs (A)(1)(a), (A)(1)(b) and (A)(1)(f) of this rule shall be included in the materials, exactly as written, except for the text in brackets in these paragraphs for which the water system shall include system-specific information. Any additional information presented by a system shall be consistent with the information below and be in plain language that can be understood by the general public. All written public education material content shall be acceptable to the director prior to delivery.

(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 / 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 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.”

(c) 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., paint).

(d) 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.

(vi) Explain that parents can have their drinking water tested for lead. Provide a list of Ohio environmental protection agency approved laboratories that test water for lead, including their names and phone numbers.

(e) 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.

(f) “For more information call us at INSERT YOUR PHONE NUMBER]. For more information on reducing lead exposure around your home / building and the health effects of lead, visit EPA’s Web site at http://www.epa.gov/lead or contact your local health care provider.”

(2) Community water systems. In addition to including the elements specified in paragraph (A)(1) of this rule, community water systems shall: 3745-81-85 2

(a) Tell consumers how to get their water tested.

(b) Discuss lead in plumbing components and the difference between low lead and lead free.

(B) Delivery of public education materials.

In the case of schools, day cares, nursing homes or correctional institutions, the parents, legal guardians or power of attorney shall be directly notified.

(1) For public water systems serving a large population of non-English speaking consumers, as determined by the director, the public education materials must contain information in the appropriate language(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.

(2) A community water system that exceeds the lead action level on the basis of tap water samples collected in accordance with rule 3745-81-86 of the Administrative Code, and that is not already conducting public education tasks under this rule, shall conduct the public education tasks under this rule within sixty days after the end of the monitoring period in which the exceedance occurred:

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

(b) Contact customers who are most at risk by:

(i) Delivering education materials that meet the content requirements of paragraph (A) of this rule to local public health agencies even if they are not located within the service area of the public water system, along with an informational notice that encourages distribution to all potentially affected customers of the organization or users of the community water system. The water system shall contact the local public health agencies directly by phone or in person. The local public health agencies may provide a specific list of additional community based organizations serving target populations, which may include organizations outside the service area of the water system. If such lists are provided, systems shall deliver education materials that meet the content requirements of paragraph (A) of this rule to all organizations on the provided lists.

(ii) Delivering materials that meet the content of paragraph (A) of this rule to the following organizations listed below that are located 3745-81-85 3 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:

(a) Public and private schools or schools boards.

(b) Women, infant and children (WIC) and head start programs.

(c) Public and private hospitals and medical clinics.

(d) Pediatricians.

(e) Family planning clinics.

(f) Local welfare agencies and jobs and family services.

(iii) Make a good faith effort to locate the following organizations within the service area and deliver materials that meet the content requirements of paragraph (A) of this rule to them, along with an informational notice that encourages distribution to all potentially affected customers or users. The good faith effort to contact at-risk customers may include 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:

(a) Licensed childcare centers.

(b) Public and private preschools.

(c) Obstetricians, gynecologists and midwives.

(c) No less often than quarterly, provide information on or in each water bill as long as the system exceeds the action level of lead. The message on the water bill shall include the following statement exactly as written except for the text in brackets for which the water system shall include system-specific information: “[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 YOUR NUMBER] (or visit [INSERT YOUR WEB SITE HERE])”. The message or delivery mechanism can be modified in consultation with the director; specifically, the director may allow a separate mailing of public education materials to customers if the water system cannot place the information on water bills.

(d) Post material meeting the content requirements of paragraph (A) of this 3745-81-85 4 rule on the water system’s web site if the system serves a population greater than one hundred thousand.

(e) Submit a press release to newspaper, television and radio stations.

(f) In addition to paragraphs (B)(2)(a) to (B)(2)(e) of this rule, systems shall implement at least three activities from one or more categories listed below. The educational content and selection of these activities shall be determined in consultation with the director.

(i) Public service announcements.

(ii) Paid advertisements.

(iii) Public area information displays.

(iv) E-mails to customers.

(v) Public meetings.

(vi) Household deliveries.

(vii) Targeted individual customer contact.

(viii) Direct material distribution to all multi-family homes and institutions.

(ix) Other methods approved by the director.

(g) For systems that are required to conduct monitoring annually or less frequently, the end of the monitoring period is September thirtieth of the calendar year in which the sampling occurs, or, if the director has established an alternate monitoring period, the last day of that period.

(3) Frequency of delivery for community water systems. As long as a community water system exceeds the action level, it shall repeat the activities pursuant to paragraph (B)(2) of this rule as described in paragraphs (B)(3)(a) to (B)(3)(d) of this rule.

(a) A community water system shall repeat the tasks contained in paragraphs (B)(2)(a), (B)(2)(b), and (B)(2)(f) of this rule every twelve months.

(b) A community water system shall repeat tasks contained in paragraph (B)(2)(c) of this rule with each billing cycle.

(c) A community water system serving a population greater than one hundred thousand shall post and retain material on a publically accessible web 3745-81-85 5 site pursuant to paragraph (B)(2)(d) of this rule.

(d) The community water system shall repeat the task in paragraph (B)(2)(e) of this rule twice every twelve months on a schedule agreed upon with the director. The director can allow activities in paragraph (B)(2) of this rule to extend beyond the sixty day requirement if needed for implementation purposes on a case-by-case basis; however, this extension shall be accepted in writing by the director in advance of the sixty day deadline.

(4) Frequency of delivery for nontransient noncommunity water systems. Within sixty days after the end of the monitoring period in which the exceedance occurred (unless it already is repeating public education tasks pursuant to paragraph (B)(5) of this rule), a nontransient noncommunity water system shall deliver the public education materials specified by paragraph (A) of this rule 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; and

(b) Distribute information via pamphlets, brochures or electronic transmission on lead in drinking water to each person served by the nontransient noncommunity water system.

(c) For systems that are required to conduct monitoring annually or less frequently, the end of the monitoring period is September thirtieth of the calendar year in which sampling occurs, or, if the director has established an alternate monitoring period, the last day of that period.

(5) A nontransient noncommunity water system shall repeat the tasks contained in paragraph (B)(4) of this rule at least once during each calendar year in which the system exceeds the lead action level. The director can allow activities in (B)(4) of this rule to extend beyond the sixty day requirement if needed for implementation purposes on a case-by-case basis; however, this extension shall be accepted in writing by the director in advance of the sixty day deadline.

(6) A water system may discontinue delivery of public education materials if the system has not exceeded the lead action level during the most recent six-month monitoring period conducted pursuant to rule 3745-81-86 of the Administrative Code. Such a system shall recommence public education in accordance with this rule if it subsequently exceeds the lead action level during any monitoring period.

(7) A community water system may only use the text specified in paragraph (A)(1) of this rule in lieu of the text in paragraphs (A)(1) and (A)(2) of this rule and may perform the tasks listed in paragraphs (B)(4) and (B)(5) of this rule in 3745-81-85 6 lieu of the tasks in paragraphs (B)(2) and (B)(3) of this rule if:

(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; and

(b) The system provides water as part of the cost of services provided and does not separately charge for water consumption.

(8) A community water system serving thirty-three hundred or fewer people may limit certain aspects of their public education programs as follows:

(a) With respect to the requirements of paragraph (B)(2)(f) of this rule, a system serving thirty-three hundred or fewer shall implement at least one of the activities listed in that paragraph.

(b) With respect to the requirements of paragraph (B)(2)(b) of this rule, a system serving thirty-three hundred or fewer people may limit the distribution of the public education materials required under that paragraph 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 director in writing that it shall make a broader distribution.

(c) With respect to the requirements of paragraph (B)(2)(e) of this rule, the director may waive this requirement for systems serving thirty-three hundred or fewer persons as long as the system distributes notices to every household served by the system.

(C) Supplemental monitoring and notification of results.

A public water system that exceeds the lead action level on the basis of tap water samples collected in accordance with rule 3745-81-86 of the Administrative Code shall offer to arrange monitoring of the tap water of any customer who requests it. The system is not required to pay for collecting or analyzing the sample, nor is the system required to collect and analyze the sample itself.

(D) Consumer notification of results.

(1) Reporting requirement. All water systems shall provide a notice of the individual tap results from lead tap water monitoring carried out under the requirements of rule 3745-81-86 of the Administrative Code to the persons served by the water system at the specific sampling site from which the sample was taken (e.g., the occupants of the residence where the tap was tested).

(2) Timing of notification. A water system shall provide the consumer notice as 3745-81-85 7 soon as practical, but no later than thirty days after the system learns of the tap monitoring results.

(3) Content. The consumer notice shall include the results of lead tap water monitoring for the tap that was tested, an explanation of the health effects of lead, list steps consumers can take to reduce exposure to lead in drinking water and contact information for the water system. The notice shall also provide the maximum contaminant level goal and the action level for lead and the definitions from rule 3745-81-01 of the Administrative Code.

(4) Delivery. The consumer notice shall be provided to persons served at the tap that was tested, either by mail or by another method accepted by the director. The system shall provide the notice to customers at sample taps tested, including consumers who do not receive water bills. In the case of schools, day cares, nursing homes or correctional institutions, the parents, legal guardians or power of attorney shall be notified by a method accepted by the director.

Replaces: 3745-81-85

Effective: 07/24/2009

R.C. 119.032 review dates: 07/24/2014

Promulgated Under: 119.03

Statutory Authority: 6109.04

Rule Amplifies: 6109.04

Prior Effective Dates: 09/13/93, 10/17/03

(A) Sample site location.

(1) By the applicable date for commencement of monitoring under paragraph (D)(1) of this rule, each public water system shall complete a materials evaluation of its distribution system in order to identify a pool of targeted sampling sites that meets the requirements of this rule and is sufficiently large to ensure that the public water system can collect the number of lead and copper tap samples required in paragraph (C) of this rule. All sites from which first-draw samples are collected shall be selected from this pool of targeted sampling sites. Sampling sites may not include faucets that have point-of-use or point-of-entry treatment devices designed to remove inorganic contaminants.

(2) A public water system shall use any information on lead, copper, and galvanized steel that it has collected in corrosivity monitoring when conducting a materials evaluation. When such information is insufficient to locate the requisite number of lead and copper sampling sites that meet the targeting criteria in paragraph (A) of this rule, the public water system shall review the sources of information listed below in order to identify a sufficient number of sampling sites. In addition, the system shall seek to collect such information where possible in the course of its normal operations (e.g., checking service line materials while reading water meters or performing maintenance activities).

(a) All plumbing codes, permits, and records in the files of the building department(s) which indicate the plumbing materials that are installed within publicly and privately owned structures connected to the distribution system;

(b) Inspections and records of the distribution system that indicate the material composition of the service connections that connect a structure to the distribution system; and

(c) All existing water quality information, which includes the results of all prior analyses of the system or individual structures connected to the system, indicating locations that may be particularly susceptible to high lead or copper concentrations.

(3) The sampling sites selected for a community public water system’s sampling pool (“tier one sampling sites”) shall consist of single family structures that:

(a) Contain copper pipes with lead solder installed after 1982 or contain lead pipes; or

(b) Are served by a lead service line. When multiple-family residences comprise at least twenty per cent of the structures served by a public water system, the system may include these types of structures in its sampling pool.

(4) Any community public water system with insufficient tier one sampling sites shall complete its sampling pool with “tier two sampling sites”, consisting of buildings, including multiple-family residences, that:

(a) Contain copper pipes with lead solder installed after 1982 or contain lead pipes; or

(b) Are served by a lead service line.

(5) Any community public water system with insufficient tier one and tier two sampling sites shall complete its sampling pool with “tier three sampling sites”, consisting of single family structures that contain copper pipes with lead solder installed before 1983. A community public water system with insufficient tier 1, tier 2, and tier 3 sampling sites shall complete its sampling pool with representative sites throughout the distribution system. For the purpose of this paragraph, a representative site is a site in which the plumbing materials used at that site would be commonly found at other sites served by the public water system.

(6) The sampling sites selected for a nontransient noncommunity public water system (“tier one sampling sites”) shall consist of buildings that:

(a) Contain copper pipes with lead solder installed after 1982 or contain lead pipes; or

(b) Are served by a lead service line.

(7) A nontransient noncommunity public water system with insufficient tier one sites that meet the targeting criteria in paragraph (A)(6) of this rule shall complete its sampling pool with sampling sites that contain copper pipes with lead solder installed before 1983. If additional sites are needed to complete the sampling pool, the nontransient noncommunity water system shall use representative sites throughout the distribution system. For the purpose of this paragraph, a representative site is a site in which the plumbing materials used at that site would be commonly found at other sites served by the public water system.

(8) Any public water system whose distribution system contains lead service lines shall draw fifty per cent of the samples it collects during each monitoring period from sites that contain lead pipes, or copper pipes with lead solder, and fifty per cent of those samples from sites served by a lead service line. A public water system that cannot identify a sufficient number of sampling sites served by a lead service line shall collect first-draw samples from all of the sites identified as being served by such lines.

(B) Sample collection methods.

(1) All tap samples for lead and copper collected in accordance with rules 3745-81-80 to 3745-81-89 of the Administrative Code, with the exception of lead service line samples collected under paragraph (C) of rule 3745-81-84 of the Administrative Code and samples collected under paragraph (B)(5) of this rule shall be first-draw samples.

(2) Each first-draw tap sample for lead and copper shall be one liter in volume and have stood motionless in the plumbing system of its sampling site for at least six hours. First-draw samples from residential housing shall be collected from the cold-water kitchen tap or bathroom sink tap. First-draw samples from a non-residential building shall be one liter in volume and shall be collected at an interior tap from which water is typically drawn for consumption. Non-first-draw samples collected in lieu of first-draw samples pursuant to paragraph (B)(5) of this rule shall be one liter in volume and shall be collected at an interior tap from which water is typically drawn for consumption. First-draw samples may be collected by the public water system or the system may allow residents to collect first-draw samples after instructing the residents of the sampling procedures specified in this paragraph. To avoid problems of residents handling nitric acid, acidification of first-draw samples may be done up to fourteen days after the sample is collected. After acidification to resolubilize the metals, the sample must stand in the original container for the time specified in the approved EPA method before the sample can be analyzed. If a public water system allows residents to perform sampling, the system may not challenge, based on alleged errors in sample collection, the accuracy of sampling results.

(3) Each service line sample shall be one liter in volume and have stood motionless in the lead service line for at least six hours. Each lead service line sample shall be collected in one of the following three ways:

(a) At the tap after flushing the volume of water between the tap and the lead service line. The volume of water shall be calculated based on the interior diameter and length of the pipe between the tap and the lead service line;

(b) Tapping directly into the lead service line; or

(c) If the sampling site is a building constructed as a single-family residence, allowing the water to run until there is a significant change in temperature which would be indicative of water that has been standing in the lead service line.

(4) A public water system shall collect each first-draw tap sample from the same sampling site from which it collected a previous sample. If, for any reason, the water system cannot gain entry to a sampling site in order to collect a follow-up tap sample, the system may collect the follow-up tap sample from another sampling site in its sampling pool as long as the new site meets the same targeting criteria and is within reasonable proximity of the original site.

(5) A nontransient noncommunity water system, or a community water system that meets the criteria of paragraph (B)(7) of rule 3745-81-85 of the Administrative Code, that does not have enough taps that can supply first-draw samples, as defined in rule 3745-81-01 of the Administrative Code may apply to the director in writing to substitute non-first-draw samples. Such public water systems shall collect as many first-draw samples from appropriate taps as possible and identify sampling times and locations that would likely result in the longest standing time for the remaining sites.

(C) Number of samples. Public water systems shall collect at least one sample during each monitoring period specified in paragraph (D) of this rule from the number of sites listed in the second column (“standard monitoring”) of the table in this paragraph. A system conducting reduced monitoring under paragraph (D)(4) of this rule shall collect at least one sample from the number of sites specified in the third column (“reduced monitoring”) of the table in this paragraph during each monitoring period specified in paragraph (D)(4) of this rule. Such reduced monitoring sites shall be representative of the sites required for standard monitoring. A public water system that has fewer than five drinking water taps that can be used for human consumption meeting the sample site criteria of paragraph (A) of this rule to reach the required number of sample sites listed in paragraph (C) of this rule, shall collect at least one sample from each tap and then shall collect additional samples from those taps on different days during the monitoring period to meet the required number of sites. Alternately, the director may allow these public water systems to collect a number of samples less than the number of sites specified in paragraph (C) of this rule, provided that one hundred per cent of all taps that can be used for human consumption are sampled. The director shall approve this reduction of the minimum number of samples in writing based on a request from the system or onsite verification by the director. The director may specify sampling locations when a public water system is conducting reduced monitoring. The table is as follows:

System size (number of people served) Number of sites (standard monitoring) Number of sites (reduced monitoring)

&#62 100,000     100 50

10,001 to 100,000 60 30

3,301 to 10,000   40 20

501 to 3,300      20 10

101 to 500     10    5

&#60 101        5    5

(D) Timing of monitoring.

(1) Initial tap sampling. The first six-month monitoring period for large, medium, and small systems shall begin on the following dates:

System size (number of people served) First six-month monitoring period begins on

>50,000                          January 1, 1992

3,301 to 50,000                      July 1, 1992

&#60 3,301                               July 1, 1993

(a) All large systems shall monitor during two consecutive six-month periods.

(b) All small and medium systems shall monitor during each six-month monitoring period until:

(i) The public water system exceeds the lead or copper action level and is therefore required to implement the corrosion control treatment requirements under rule 3745-81-81 of the Administrative Code, in which case the system shall continue monitoring in accordance with paragraph (D)(2) of this rule, or

(ii) The public water system monitoring results do not exceed the lead or copper action level during two consecutive six-month monitoring periods, in which case the system may reduce monitoring in accordance with paragraph (D)(4) of this rule.

(2) Monitoring after installation of corrosion control and source water treatment.

(a) Any large system which installs optimal corrosion control treatment pursuant to paragraph (D)(4) of rule 3745-81-81 of the Administrative Code shall monitor during two consecutive six-month monitoring periods by the date specified in paragraph (D)(5) of rule 3745-81-81 of the Administrative Code.

(b) Any small or medium system which installs optimal corrosion control treatment pursuant to paragraph (E)(5) of rule 3745-81-81 of the Administrative Code shall monitor during two consecutive six-month monitoring periods by the date specified in paragraph (E)(6) of rule 3745-81-81 of the Administrative Code.

(c) Any public water system which installs source water treatment pursuant to paragraph (A)(3) of rule 3745-81-83 of the Administrative Code shall monitor during two consecutive six-month monitoring periods by the date specified in paragraph (A)(4) of rule 3745-81-83 of the Administrative Code.

(3) Monitoring after the director specifies water quality parameter values for optimal corrosion control. After the director specifies the values for water quality control parameters under paragraph (F) of rule 3745-81-82 of the Administrative Code, the public water system shall monitor during each subsequent six-month monitoring period, with the first monitoring period to begin on the date the director specifies the optimal values under paragraph (F) of rule 3745-81-82 of the Administrative Code.

(4) Reduced monitoring.

(a) A small or medium water system that does not exceed either the lead or copper action level during two consecutive six-month monitoring periods may reduce the number of samples according to paragraph (C) of this rule, and reduce the frequency of sampling to one monitoring period per year. A small or medium public water system collecting fewer than five samples as specified in paragraph (C) of this rule, that does not exceed either the lead or copper action level during two consecutive six-month monitoring periods may reduce the frequency of sampling to one monitoring period per year. In no case can this public water system reduce the number of samples required below the minimum of one sample per available tap. This sampling shall begin during the calendar year immediately following the end of the second consecutive six-month monitoring period.

(b) Reduced annual monitoring. Any public water system that meets the lead action level and maintains the range of values for the water quality control parameters reflecting optimal corrosion control treatment approved by the director under paragraph (F) of rule 3745-81-82 of the Administrative Code during each of two consecutive six-month monitoring periods may reduce the frequency of monitoring to once per year and to reduce the number of lead and copper samples in accordance with paragraph (C) of this rule if it receives written approval from the director. This sampling shall begin during the calendar year immediately following the end of the second consecutive six-month monitoring period. The director shall review monitoring, treatment, and other relevant information submitted by the public water system in accordance with rule 3745-81-90 of the Administrative Code, and shall notify the system in writing, when the director determines the system is eligible to commence reduced monitoring pursuant to this paragraph. The director shall review, and where appropriate, revise such a determination when the system submits new monitoring or treatment data, or when other data relevant to the number and frequency of tap sampling become available.

(c) Reduced triennial monitoring. A small or medium public water system that does not exceed either the lead or copper action level during three consecutive years of monitoring may reduce the frequency of monitoring for lead and copper from annually to once every three years. Any public water system that does not exceed the lead action level and maintains the range of values for the water quality control parameters reflecting optimal corrosion control treatment approved by the director under paragraph (F) of rule 3745-81-82 of the Administrative Code during three consecutive years of monitoring may reduce the frequency of monitoring from annually to once every three years if it receives written approval from the director. Samples collected once every three years shall be collected no later than every third calendar year. The director shall review monitoring, treatment and other relevant information submitted by the public water system in accordance with rule 3745-81-90 of the Administrative Code, and shall notify the system in writing when it is determined that the system is eligible to reduce the frequency of monitoring to once every three years. The director shall review, and where appropriate, revise the determination when the system submits new monitoring or treatment data, or when other data relevant to the number and frequency of tap sampling becomes available.

(d) A public water system that reduces the number of sampling sites and the frequency of monitoring shall collect these samples from representative sites included in the pool of targeted sampling sites identified in paragraph (A) of this rule. Public water systems monitoring annually or less frequently shall conduct the lead and copper tap water monitoring during the months of June through September unless the director has approved a different sampling period in accordance with paragraph (D)(4)(d)(i) of this rule.

(i) The director may approve a different period for conducting the lead and copper tap sampling for public water systems collecting a reduced number of samples. Such a period shall be no longer than four consecutive months and shall represent a time of normal operation where the highest levels of lead are most likely to occur. For a nontransient non community water system that does not operate during the months of June through September, and for which the period of normal operation where the highest levels of lead are most likely to occur is not known, the director shall designate a period that represents a time of normal operation for the system. This sampling shall begin during the period approved by the director in the calendar year immediately following the end of the second consecutive six-month monitoring period for systems initiating annual monitoring and during the three-year period following the end of the third consecutive year of annual monitoring for systems initiating triennial monitoring.

(ii) Public water systems monitoring annually, that have been collecting samples during the months of June through September and that receive the director’s approval to alter their sample collection period under paragraph (D)(4)(d)(i) of this rule, shall collect their next round of samples during a time period that ends no later than twenty-one months after the previous round of sampling. Public water systems monitoring triennially that have been collecting samples during the months of June through September, and receive the director’s approval to alter the sampling collection period in accordance with paragraph (D)(4)(d)(i) of this rule, shall collect their next round of samples during a time period that ends no later than forty-five months after the previous round of sampling. Subsequent rounds of sampling shall be collected annually or triennially, as required by this rule.

(e) Any public water system that demonstrates for two consecutive six-month monitoring periods that the tap water lead level computed under paragraph (C)(3) of rule 3745-81-80 of the Administrative Code is less than or equal to 0.005 milligrams per liter and the tap water copper level computed under paragraph (C)(3) of rule 3745-81-80 of the Administrative Code is less than or equal to 0.65 milligrams per liter may reduce the number of samples in accordance with paragraph (C) of this rule and may reduce the frequency of sampling to once every three calendar years.

(i) A small or medium water system subject to reduced monitoring that exceeds the lead or copper action level shall resume tap water monitoring in accordance with paragraph (D)(3) of this rule and collect the number of samples specified for standard monitoring under paragraph (C) of this rule. Such a public water system shall also conduct water quality parameter monitoring in accordance with paragraph (B), (C), or (D), as appropriate, of rule 3745-81-87 of the Administrative Code during the monitoring period in which the system exceeded the action level. Any such public water system may resume annual monitoring for lead and copper at the tap at the reduced number of sites specified in paragraph (C) of this rule after it has completed two subsequent consecutive six-month rounds of monitoring that meet the criteria of paragraph (D)(4)(a) of this rule and/or may resume triennial monitoring for lead and copper at the reduced number of sites after it demonstrates through subsequent rounds of monitoring that it meets the criteria of either paragraph (D)(4)(c) or (D)(4)(e) of this rule.

(ii) Any public water system subject to the reduced monitoring frequency that exceeds the lead or copper action level during any four-month monitoring period or fails to operate at or above the minimum value or within the range of values for the water quality parameters specified by the director under paragraph (F) of rule 3745-81-82 of the Administrative Code for more than nine days in any six-month period specified in paragraph (D) of rule 3745-81-87 of the Administrative Code shall conduct tap water sampling for lead and copper at the frequency specified in paragraph (D)(3) of this rule, collect the number of samples specified for standard monitoring for lead and copper under paragraph (C) of this rule, and shall resume monitoring for water quality parameters within the distribution system in accordance with paragraph (D) of rule 3745-81-87 of the Administrative Code. This standard tap water monitoring shall begin no later than the six-month period beginning January first of the calendar year following the lead or copper action level exceedance or water quality parameter excursion. Such a public water system may resume reduced monitoring for lead and copper at the tap and for water quality parameters within the distribution system under the following conditions:

(a) The public water system may resume annual monitoring for lead and copper at the tap at the reduced number of sites specified in paragraph (C) of this rule after it has completed two subsequent six-month rounds of monitoring that meet the criteria of paragraph (D)(4)(b) of this rule and the system has received written acceptance from the director that it is appropriate to resume reduced monitoring on an annual frequency. This sampling shall begin during the calendar year immediately following the end of the second consecutive six-month monitoring period.

(b) The system may resume triennial monitoring for lead and copper at the tap at the reduced number of sites after it demonstrates through subsequent rounds of monitoring that it meets the criteria of either paragraph (D)(4)(c) or (D)(4)(e) of this rule and the public water system has received written acceptance from the director.

(c) The public water system may reduce the number of water quality parameter tap water samples required in accordance with paragraph (E)(1) of rule 3745-81-87 of the Administrative Code and the frequency with which it collects such samples in accordance with paragraph (E)(2) of rule 3745-81-87 of the Administrative Code. Such a system may not resume triennial monitoring for water quality parameters at the tap until it demonstrates, in accordance with the requirements of paragraph (E)(2) of rule 3745-81-87 of the Administrative Code, that it has re-qualified for triennial monitoring.

(f) Any public water system subject to a reduced monitoring frequency under paragraph (D)(4) of this rule shall notify the director in writing in accordance with paragraph (A)(3) of rule 3745-81-90 of the Administrative Code of any upcoming substantial change in treatment or addition of a new source as described in that rule. The director shall review and approve the addition of a new source or substantial change in water treatment before it is implemented by the water system. The director may require the public water system to resume sampling in accordance with paragraph (D)(3) of this rule and collect the number of samples specified for standard monitoring under paragraph (C) of this rule or take other appropriate steps such as increased water quality parameter monitoring or re-evaluation of its corrosion control treatment given the potentially different water quality considerations.

(E) Additional monitoring by public water systems.

The results of any monitoring conducted in addition to the minimum requirements of this rule shall be considered by the public water system and the director in making any determinations, i.e., calculating the ninetieth percentile lead or copper level, under rule 3745-81-80 of the Administrative Code.

(F) Invalidation of lead or copper tap water samples.

A sample invalidated under this paragraph does not count toward determining lead or copper ninetieth percentile levels under paragraph (C)(3) of rule 3745-81-80 of the Administrative Code or toward meeting the minimum monitoring requirements of paragraph (C) of this rule.

(1) The director may invalidate a lead or copper tap water sample if at least one of the following conditions is met.

(a) The laboratory establishes that improper sample analysis caused erroneous results.

(b) The director determines that the sample was taken from a site that did not meet the site selection criteria of this rule.

(c) The sample container was damaged in transit.

(d) There is substantial reason to believe that the sample was subject to tampering.

(2) The public water system shall report the results of all samples to the director and all supporting documentation for samples the system believes should be invalidated.

(3) To invalidate a sample under paragraph (F)(1) of this rule, the decision and the rationale for the decision shall be documented in writing. The director may not invalidate a sample solely on the grounds that a follow-up sample result is higher or lower than that of the original sample.

(4) The public water system shall collect replacement samples for any samples invalidated under paragraph (F)(1) of this rule if, after the invalidation of one or more samples, the system has too few samples to meet the minimum requirements of paragraph (C) of this rule. Any such replacement samples shall be taken as soon as possible, but no later than twenty days after the date the director invalidates the sample or by the end of the applicable sampling period, whichever occurs later. Replacement samples taken after the end of the applicable sampling period shall not also be used to meet the sampling requirements of a subsequent sampling period. The replacement samples shall be taken at the same locations as the invalidated samples or, if that is not possible, at locations other than those already used for sampling during the sampling period.

Effective: 07/24/2009

R.C. 119.032 review dates: 04/20/2009 and 07/24/2014

Promulgated Under: 119.03

Statutory Authority: 6109.04

Rule Amplifies: 6109.04

Prior Effective Dates: 09/13/93, 10/17/03

All large public water systems shall monitor water quality parameters in addition to lead and copper in accordance with this rule. All small and medium public water systems that exceed the lead or copper action level shall monitor water quality parameters in addition to lead and copper in accordance with this rule. For performing the analyses of water quality parameters set forth in this rule, laboratories are exempt from the requirements of rule 3745-89-02 of the Administrative Code. The requirements of this rule are summarized in the table at the end of this rule.

(A) General requirements.

(1) Sample collection methods.

(a) Tap samples shall be representative of water quality throughout the distribution system taking into account the number of persons served, the different sources of water, the different treatment methods employed by the public water system, and seasonal variability. Tap sampling under this rule is not required to be conducted at taps targeted for lead and copper sampling under paragraph (A) of rule 3745-81-86 of the Administrative Code.

(b) Samples collected at the entry point(s) to the distribution system shall be from locations representative of each water source after treatment. If a public water system draws water from more than one water source and the sources are combined before distribution, the system shall monitor at each sampling point during periods of normal operating conditions, that is, when water is representative of all sources being used.

(2) Number of samples.

(a) Public water systems shall collect two tap samples for applicable water quality parameters during each monitoring period specified under paragraphs (B) to (E) of this rule from the following number of sites.

System size (number of people served) Number of sites for water quality parameters

&#62 100,000                          25

10,001 – 100,000                      10

3,301 – 10,000                         3

501 – 3,300                            2

101 – 500                              1

&#60 101                               1

(b) Except as provided in paragraph (C)(3) of this rule, public water systems shall collect two samples for each applicable water quality parameter at each entry point to the distribution system during each monitoring period specified in paragraph (B) of this rule. During each monitoring period specified in paragraphs (C) to (E) of this rule, systems shall collect one sample for each applicable water quality parameter at each entry point to the distribution system.

(B) Initial sampling. All large public water systems shall measure the applicable water quality parameters as specified below at taps and at each entry point to the distribution system during each six-month period specified in paragraph (D)(1) of rule 3745-81-86 of the Administrative Code. All small and medium public water systems shall measure the applicable water quality parameters at the locations specified below during each six month monitoring period specified in paragraph (D)(1) of rule 3745-81-86 of the Administrative Code during which the system exceeds the lead or copper action level.

(1) At taps:

(a) pH;

(b) Alkalinity;

(c) Orthophosphate, when an inhibitor containing a phosphate compound is used;

(d) Silica, when an inhibitor containing a silicate compound is used;

(e) Calcium;

(f) Conductivity; and

(g) Water temperature.

(2) At each entry point to the distribution system: all of the applicable parameters listed in paragraph (B)(1) of this rule.

(C) Monitoring after installation of corrosion control. Any large public water system which installs optimal corrosion control treatment pursuant to paragraph (D)(4) of rule 3745-81-81 of the Administrative Code shall measure the water quality parameters at the locations and frequencies specified in paragraphs (C)(1) and (C)(2) of this rule during each six-month monitoring period specified in paragraph (D)(2)(a) of rule 3745-81-86 of the Administrative Code. Any small or medium public water system which installs optimal corrosion control treatment shall conduct water quality parameter monitoring specified in paragraphs (C)(1) and (C)(2) of this rule during each six-month monitoring period specified in paragraph (D)(2)(b) of rule 3745-81-86 of the Administrative Code.

(1) At taps, two samples for:;

(a) pH;

(b) Alkalinity;

(c) Orthophosphate, when an inhibitor containing a phosphate compound is used;

(d) Silica, when an inhibitor containing a silicate compound is used; and

(e) Calcium, when calcium carbonate stabilization is used as part of corrosion control.

(2) Except as provided in paragraph (C)(3) of this rule, at each entry point to the distribution system, at least one sample no less frequently than every two weeks for:

(a) pH;

(b) Alkalinity concentration when alkalinity is adjusted as part of optimal corrosion control. A reading of the dosage rate of the chemical used to adjust alkalinity shall also be included; and

(c) Orthophosphate or silica, whichever is applicable, when a corrosion inhibitor is used as part of optimal corrosion control. A reading of the dosage rate of the inhibitor used shall also be included.

(3) Any ground water system can limit entry point sampling described in paragraph (C)(2) of this rule to those entry points that are representative of water quality and treatment conditions throughout the system. If water from untreated ground water sources mixes with water from treated water sources, the public water system shall monitor for water quality parameters both at representative entry points receiving treatment and representative entry points receiving no treatment. Prior to the start of monitoring under this paragraph, the public water system shall provide to the director written information on seasonal variability, sufficient to demonstrate that the sites are representative of water quality and treatment conditions throughout the system.

(D) Monitoring after the director specifies water quality parameter values for optimal corrosion control. After the director specifies the values for applicable water quality control parameters reflecting optimal corrosion control treatment under paragraph (F) of rule 3745-81-82 of the Administrative Code, all large public water systems shall measure the applicable water quality parameters in accordance with paragraph (C) of this rule and determine compliance with the requirements of paragraph (G) of rule 3745-81-82 of the Administrative Code for every six-month period to begin on either January first or July first, whichever comes first, after the director specifies the optimal values under paragraph (F) of rule 3745-81-82 of the Administrative Code. Any small or medium public water system shall conduct such monitoring during each six-month period specified in this paragraph. For any such small or medium public water system that is subject to a reduced monitoring frequency pursuant to paragraph (D)(4) of rule 3745-81-86 of the Administrative Code, at the time of the action level exceedance, the start of the applicable six-month period under this paragraph shall coincide with the start of the applicable monitoring period under paragraph (D)(4) of rule 3745-81-86 of the Administrative Code. Compliance with director-designated optimal water quality parameter values shall be determined as specified under paragraph (G) of rule 3745-81-82 of the Administrative Code.

(E) Reduced monitoring.

(1) Any public water system that maintains the range of values for the water quality parameters reflecting optimal corrosion control treatment during each of two consecutive six-month monitoring periods under paragraph (D) of this rule shall continue monitoring at the entry point(s) to the distribution system as specified in paragraph (C)(2) of this rule. Such system may monitor with two tap samples for applicable water quality parameters from each of the following reduced number of sites during each six-month monitoring period.

System size (number of people served) Reduced number of sites for water quality parameters

&#62 100,000                               10

10,001 – 100,000                            7

3,301 – 10,000                              3

501 – 3,300                                 2

101 – 500                                   1

&#60 101                                    1

(2) Reduced frequency of water quality parameter monitoring.

(a) Any public water system that maintains the range of values for the water quality parameters reflecting optimal corrosion control treatment specified by the director under paragraph (F) of rule 3745-81-82 of the Administrative Code during three consecutive years of monitoring may reduce the frequency with which it monitors the number of tap samples for applicable water quality parameters specified in paragraph (E)(1) of this rule from every six months to annually. This sampling begins during the calendar year immediately following the end of the monitoring period in which the third consecutive year of six-month monitoring occurs. Any public water system that maintains the range of values for the water quality parameters reflecting optimal corrosion control treatment specified by the director under paragraph (F) of rule 3745-81-82 of the Administrative Code during three consecutive years of annual monitoring may reduce the frequency with which it monitors the number of tap samples for applicable water quality parameters specified in paragraph (E)(1) of this rule from annually to every three years. This sampling begins no later than the third calendar year following the end of the monitoring period in which the third consecutive year of monitoring occurs.

(b) A public water system may reduce the frequency with which it collects tap samples for applicable water quality parameters specified in paragraph (E)(1) of this rule to every three years if it demonstrates during two consecutive monitoring periods that its tap water lead level at the ninetieth percentile is less than or equal to the practical quantitation limit (PQL) for lead specified in paragraph (B)(2) of rule 3745-81-89 of the Administrative Code, that its tap water copper level at the ninetieth percentile is less than or equal to 0.65 milligrams per liter in paragraph (C)(2) of rule 3745-81-80 of the Administrative Code, and that it has maintained the range of values for the water quality parameters reflecting optimal corrosion control treatment specified by the director under paragraph (F) of rule 3745-81-82 of the Administrative Code. Monitoring conducted every three years shall be done no later than every third calendar year.

(3) A public water system that conducts monitoring annually shall collect samples evenly throughout the year so as to reflect seasonal variability.

(4) Any public water system subject to reduced monitoring frequency that fails to operate at or above the minimum value or within the range of values for the water quality parameters specified by the director under paragraph (F) of rule 3745-81-82 of the Administrative Code for more than nine days in any six-month period specified in paragraph (G) of rule 3745-81-82 of the Administrative Code shall resume tap water sampling in accordance with the number and frequency requirements in paragraph (D) of this rule. Such a system may resume annual monitoring for water quality parameters at the tap at the reduced number of sites specified in paragraph (E)(1) of this rule after it has completed two subsequent consecutive six-month rounds of monitoring that meet the criteria of that paragraph or may resume triennial monitoring for water quality parameters at the tap at the reduced number of sites after it demonstrates through subsequent rounds of monitoring that it meets the criteria of either paragraph (E)(2)(a) or (E)(2)(b) of this rule.

(F) Additional monitoring by public water systems. The results of any monitoring conducted in addition to the minimum requirements of this rule shall be considered by the system and the director in making any determinations, i.e., determining concentrations of water quality parameters, under this rule or rule 3745-81-82 of the Administrative Code.

Effective: 07/24/2009

R.C. 119.032 review dates: 04/20/2009 and 07/24/2014

Promulgated Under: 119.03

Statutory Authority: 6109.04

Rule Amplifies: 6109.04

Prior Effective Dates: 09/13/93, 10/17/03

(A) Sampling point locations, collection methods, and number of samples.

(1) A public water system that exceeds the lead or copper action level on the basis of tap water samples collected in accordance with rule 3745-81-86 of the Administrative Code shall monitor for lead and copper in source water at the entry point to the distribution system in accordance with the following requirements regarding sampling point locations, collection methods, and number of samples:

(a) Ground water systems shall take a minimum of one sample at every entry point to the distribution system which is representative of each well after treatment (hereafter called a sampling point). The public water system shall take one sample at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant.

(b) Surface water systems shall take a minimum of one sample at every entry point to the distribution system after any application of treatment or in the distribution system at a point which is representative of each source after treatment (hereafter called a sampling point). The public water system shall take each sample at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant. Note: For the purposes of this paragraph, surface water systems include systems with a combination of surface and ground water sources.

(c) If a public water system draws water from more than one source and the sources are combined before distribution, the public water system shall sample at an entry point to the distribution system during periods of normal operating conditions, i.e., when water is representative of all sources being used.

(d) The director may reduce the total number of samples which must be analyzed by allowing the use of compositing. Compositing of samples mustshall be done by certified laboratory personnel. Composite samples from a maximum of five samples are allowed, provided that if the lead concentration in the composite sample is greater than or equal to 0.001 milligram per liter or the copper concentration is greater than or equal to 0.160 milligram per liter, then either:

(i) A follow-up sample shall be taken and analyzed within fourteen days at each sampling point included in the composite; or

(ii) If duplicates of or sufficient quantities from the original samples from each sampling point used in the composite are available, the public water system may use these instead of resampling.

(2) Where the results of monitoring indicate an exceedance of maximum permissible levels in the source water at the entry point to the distribution system established under paragraph (B)(4) of rule 3745-81-83 of the Administrative Code, the director may require that the public water system monitor with one additional sample as soon as possible after the initial monitoring (but not to exceed two weeks) at the same sampling point. If a director-required confirmation sample is taken for lead or copper, then the results of the initial and confirmation monitoring shall be averaged in determining compliance with the director-specified maximum permissible levels. Any sample value below the method detection limit (MDL) shall be considered to be zero. Any lead value above the MDL but below the practical quantitation level (PQL) of 0.005 milligram per liter shall be considered as the measured value. Any copper value above the MDL but below the PQL of 0.050 milligram per liter shall be considered as the measured value.

(B) Monitoring frequency after public water system exceeds tap water action level. Any system which exceeds the lead or copper action level at the tap shall monitor one sample from each source water at the entry point to the distribution system no later than six months after the end of the monitoring period during which the lead or copper action level was exceeded. For monitoring periods that are annual or less frequent, the end of the monitoring period is September thirtieth of the calendar year in which the sampling occurs, or if the director established an alternate period, the last day of that period.

(C) Monitoring frequency after installation of source water treatment. Any public water system which installs source water treatment pursuant to paragraph (A)(3) of rule 745-81-83 of the Administrative Code shall collect an additional sample from each source water at the entry point to the distribution system during each of two consecutive six-month monitoring periods by the deadline specified in paragraph (A)(4) of rule 745-81-83 of the Administrative Code.

(D) Monitoring frequency after the director specifies maximum permissible lead and copper levels in source water at entry points to the distribution system or determines that source water treatment is not needed.

(1) A public water system shall monitor at the frequency specified in paragraph (D)(1)(a) or (D)(1)(b) of this rule in cases where the director specifies maximum permissible source water at the entry point to the distribution system levels under paragraph (B)(4) of rule 3745-81-83 of the Administrative Code or determines that the public water system is not required to install source water treatment under paragraph (B)(2) of rule 745-81-83 of the Administrative Code.

(a) A public water system using only ground water shall monitor once during the three-year compliance period (as that term is defined in rule 745-81-01 of the Administrative Code) in effect when the applicable director’s determination under paragraph (D)(1) of this rule is made. Such public water systems shall monitor once during each subsequent compliance period. Triennial samples shall be collected every third calendar year.

(b) A public water system using surface water (or a combination of surface water and ground water) shall monitor once during each year, the first annual monitoring period to begin during the year in which the applicable director’s determination is made under paragraph (D)(1) of this rule.

(2) A public water system is not required to conduct source water at the entry point to the distribution system sampling for lead and/or copper if the system does not exceed the action level for the specific contaminant in tap water samples at any time during the sampling period applicable to the system under paragraph (D)(1)(a) or (D)(1)(b) of this rule.

(E) Reduced monitoring frequency.

(1) A public water system using only ground water may reduce the monitoring frequency for lead and copper in source water at the entry point to the distribution system once during each nine-year compliance cycle (as that term is defined in rule 3745-81-01 of the Administrative Code) provided that the samples are collected no later than every ninth calendar year and if the system meets one of the following criteria:

(a) The public water system demonstrates that finished drinking water entering the distribution system has been maintained below the maximum permissible lead and copper concentrations specified by the director in paragraph (B)(4) of rule 3745-81-83 of the Administrative Code during at least three consecutive compliance periods under paragraph (D)(1) of this rule; or

(b) The director has determined that source water treatment is not needed and the system demonstrates that, during at least three consecutive compliance periods in which sampling was conducted under paragraph (D)(1) of this rule, the concentration of lead in source water at the entry point to the distribution system was less than or equal to 0.005 milligram per liter and the concentration of copper was less than or equal to 0.65 milligram per liter.

(2) A public water system using surface water (or a combination of surface water and ground water) may reduce the monitoring frequency in paragraph (D)(1) of this rule to once during each nine-year compliance cycle (as that term is defined in rule 3745-81-01 of the Administrative Code) provided that the samples are collected no later than every ninth calendar year and if the system meets one of the following criteria:

(a) The public water system demonstrates that finished drinking water entering the distribution system has been maintained below the maximum permissible lead and copper concentrations specified by the director under paragraph (B) (4) of rule 3745-81-83 for at least three consecutive years; or

(b) The director has determined that source water treatment is not needed and the public water system demonstrates that, during at least three consecutive years, the concentration of lead in source water at the entry point to the distribution system was less than or equal to 0.005 milligram per liter and the concentration of copper at the entry point was less than or equal to 0.65 milligram per liter.

(3) A public water system that uses a new source of water is not eligible for reduced monitoring for lead and/or copper until concentrations in samples collected from the new source during three consecutive monitoring periods are below the maximum permissible lead and copper concentrations specified by the director under paragraph (A)(5) of rule 3745-81-83 of the Administrative Code.

Effective: 07/24/2009

R.C. 119.032 review dates: 04/20/2009 and 07/24/2014

Promulgated Under: 119.03

Statutory Authority: 6109.04

Rule Amplifies: 6109.04

Prior Effective Dates: 09/13/93, 10/17/03

(A) Analyses for pH, conductivity, calcium, alkalinity, orthophosphate, silica and temperature shall be performed using analytical methods as specified in rule 745-81-27 of the Administrative Code.

(B) Analyses for lead and copper shall be performed using analytical methods as specified in rule 3745-81-27 of the Administrative Code and shall only be conducted by laboratories certified by the director and meet all requirements specified in rule 3745-89-03 of the Administrative Code. Laboratories performing these analyses shall:

(1) Achieve the method detection limit (MDL) for lead of 0.001 milligrams per liter according to the procedures in rule 3745-89-03 of the Administrative Code. This need only be accomplished if the laboratory will be processing source water at the entry point to the distribution system composite samples under paragraph (A)(1)(d) of rule 3745-81-88 of the Administrative Code.

(2) Use the practical quantitation level (PQL) for lead of 0.005 milligrams per liter.

(3) Use the PQL for copper of 0.050 milligrams per liter.

(C) The director may allow the use of previously collected monitoring data for purposes of monitoring if the data were collected and analyzed in accordance with the requirements of this rule.

(D) All lead and copper levels measured between the PQL and MDL, as specified in paragraph (B) of this rule, must be reported as measured. Any samples below the MDL shall be reported as zero.

Replaces: 3745-81-89

Effective: 07/24/2009

R.C. 119.032 review dates: 04/20/2009 and 07/24/2014

Promulgated Under: 119.03

Statutory Authority: 6109.04

Rule Amplifies: 6109.04

Prior Effective Dates: 09/13/93, 10/17/03

All water systems shall report all of the following information to the director in accordance with this rule.

(A) Reporting requirements for tap water monitoring for lead and copper and for water quality parameter monitoring.

(1) Except as provided in paragraph (A)(1)(h) of this rule, a public water system shall report the information specified below for all tap water samples and all water quality parameter samples within the first ten days following the end of each applicable monitoring period, as specified in rules 3745-81-86 and 3745-81-87 of the Administrative Code. The end of the monitoring period is the last date samples are permitted to be collected during that period.

(a) The results from all tap samples for lead and copper including the location of each site and the criteria under paragraphs (A)(3) to (A)(7) of rule 745-81-86 of the Administrative Code under which the site was selected for the public water system’s sampling pool and the name and certification number of the laboratory which analyzed the samples;

(b) Documentation for each tap water lead or copper sample for which the public water system requests invalidation pursuant to paragraph (F)(2) of rule 3745-81-86 of the Administrative Code.

(c) (Reserved);

(d) The ninetieth percentile lead and copper concentrations measured from among all lead and copper tap water samples collected during each monitoring period (calculated in accordance with paragraph (C)(3) of rule 3745-81-80 of the Administrative Code), unless the director calculates the system’s ninetieth percentile lead and copper levels under paragraph (H) of this rule;

(e) With the exception of initial tap monitoring conducted pursuant to paragraph (D)(1) of rule 3745-81-86 of the Administrative Code, the public water system shall designate any site which was not sampled during previous monitoring periods, and include an explanation of why sampling sites have changed;

(f) The results of all tap monitoring for pH and, where applicable, temperature, alkalinity, calcium, conductivity, and orthophosphate or silica collected under paragraphs (B) to (E) of rule 3745-81-87 of the Administrative Code;

(g) The results of all monitoring at the entry point(s) to the distribution system for applicable water quality parameters under paragraphs (B) to (E) of rule 3745-81-87 of the Administrative Code;

(h) A water system shall report the results of all water quality parameter samples collected under paragraphs (C) to (F) of rule 3745-81-87 of the Administrative Code during each six-month monitoring period specified in paragraph (D) of rule 3745-81-87 of the Administrative Code within the first ten days following the end of the monitoring period unless the director has specified a more frequent reporting requirement.

(2) For a nontransient noncommunity water system, or a community water system meeting the criteria of paragraphs (B)(7)(a) and (B)(7)(b) of rule 3745-81-85 of the Administrative Code, that does not have enough taps that can provide first-draw samples, the public water system shall either:

(a) Provide written documentation to the director identifying standing times and locations for enough non-first-draw samples to make up its sampling pool under paragraph (B)(5) of rule 3745-81-86 of the Administrative Code by the start of the first applicable monitoring period under paragraph (D) of rule 3745-81-86 of the Administrative Code that commences after April 11, 2000, unless the director has waived prior director approval of non-first-draw sample sites selected by the system pursuant to paragraph (B)(5) of rule 3745-81-86 of the Administrative Code; or

(b) If the director has waived prior approval of non-first-draw sample sites selected by the system, identify, in writing, each site that did not meet the six-hour minimum standing time and the length of standing time for that particular substitute sample collected pursuant to paragraph (B)(5) of rule 3745-81-86 of the Administrative Code and include this information with the lead and copper tap sample results required to be submitted pursuant to paragraph (A)(1)(a) of this rule.

(3) At a time specified by the director, or if no specific time is designated, then as early as possible prior to the addition of a new source or any substantial change in water treatment, as defined in paragraph (C) of 3745-91-01 of the Administrative Code, a public water system deemed to have optimized corrosion control under paragraph (B)(3) of rule 3745-81-81 of the Administrative Code, or a water system subject to reduced monitoring pursuant to paragraph (D)(4) of rule 3745-81-86 of the Administrative Code shall submit written documentation and plans, if applicable, to the director describing the substantial change or addition. The director shall review and approve the addition of a new source or substantial change in water treatment before it is implemented by the water system. Examples of substantial change in water treatment include the addition of a new treatment process or modification of an existing treatment process. Examples of modifications include switching secondary disinfectants, switching coagulants (e.g., alum to ferric chloride), and switching corrosion inhibitor products (e.g., orthophosphate to blended phosphate). Substantial changes can include dose changes to existing chemicals if the public water system is planning long-term changes to its finished water pH or residual inhibitor concentration. Treatment changes would not include chemical dose fluctuations associated with daily raw water quality changes.

(4) Each ground water system that limits water quality parameter monitoring to a subset of entry points under paragraph (C)(3) of rule 3745-81-87 of the Administrative Code shall provide, by the commencement of such monitoring, written correspondence to the director that identifies the selected entry points and includes information sufficient to demonstrate that the sites are representative of water quality and treatment conditions throughout the system.

(B) Reporting requirements for source water at the entry point to the distribution system.

(1) A public water system shall report the monitoring results for all samples of source water at the entry point to the distribution system collected in accordance with rule 3745-81-88 of the Administrative Code within the first ten days following the end of each entry-point water monitoring period (i.e., per six-month period, annually, per compliance period, per compliance cycle) for which a sample was collected as specified in rule 3745-81-88 of the Administrative Code.

(2) With the exception of the first round of source water at the entry point to the distribution system monitoring conducted pursuant to paragraph (B) of rule 3745-81-88 of the Administrative Code, the public water system shall specify any site which was not sampled during previous monitoring periods, and include an explanation of why the sampling point has changed.

(C) Corrosion control treatment reporting requirements. By the applicable dates under rule 3745-81-81 of the Administrative Code, public water systems shall report the following information:

(1) For systems demonstrating that they have already optimized corrosion control, information required in paragraph (B)(2) or (B)(3) of rule 3745-81-81 of the Administrative Code;

(2) For systems required to optimize corrosion control, their recommendation regarding optimal corrosion control treatment under paragraph (A) of rule 745-81-82 of the Administrative Code;

(3) For systems required to evaluate the effectiveness of corrosion control treatments under paragraph (C) of rule 3745-81-82 of the Administrative Code, the information required by that paragraph; and

(4) For systems required to install optimal corrosion control approved by the director under paragraph (D) of rule 3745-81-82 of the Administrative Code, a letter certifying that the system has completed installing that treatment.

(D) Source water treatment reporting requirements. By the applicable dates in rule 745-81-83 of the Administrative Code, systems shall provide the following information to the director:

(1) If required under paragraph (B)(1) of rule 3745-81-83 of the Administrative Code, their recommendation regarding source water treatment; and

(2) For systems required to install source water treatment under paragraph (B)(2) of rule 3745-81-83 of the Administrative Code, a letter certifying that the system has completed installing the treatment approved by the director within twenty-four months after the director approved the treatment.

(E) Lead service line replacement reporting requirements. Public water systems shall report the following information to the director to demonstrate compliance with the requirements of rule 3745-81-84 of the Administrative Code.

(1) No later than twelve months after the end of a monitoring period in which a public water system exceeds the lead action level in monitoring referred to in paragraph (A) of rule 3745-81-84 of the Administrative Code, the system shall submit in written documentation to the director the material evaluation, conducted as required in paragraph (A) of rule 745-81-86 of the Administrative Code, to identify the initial number of lead service lines in its distribution system at the time the system exceeds the lead action level, and provide the system’s schedule for annually replacing at least seven per cent of the initial number of lead service lines in its distribution system.

(2) No later than twelve months after the end of a monitoring period in which a system exceeds the lead action level in monitoring referred to in paragraph (A) of rule 3745-81-84 of the Administrative Code, and every twelve months thereafter, the system shall demonstrate to the director in writing that the system has either:

(a) Replaced in the previous twelve months at least seven per cent of the initial lead service lines (or a greater number of lines specified by the director under paragraph (E) of rule 3745-81-84 of the Administrative Code) in its distribution system, or

(b) Conducted monitoring which demonstrates that the lead concentration in all service line samples from one or more individual lines, taken pursuant to paragraph (B)(3) of rule 3745-81-86 of the Administrative Code, is less than or equal to 0.015 milligram per liter. In such cases, the total number of lines replaced and/or which met the criteria in paragraph (C) of rule 3745-81-84 of the Administrative Code shall equal at least seven per cent of the initial number of lead lines identified under paragraph (E)(1) of this rule (or the percentage specified by the director under paragraph (E) of rule 3745-81-84 of the Administrative Code).

(3) The annual letter submitted to the director under paragraph (E)(2) of this rule shall contain the following information:

(a) The number of lead service lines scheduled to be replaced during the previous year of the system’s replacement schedule;

(b) The number and location of each lead service line replaced during the previous year of the system’s replacement schedule; and

(c) If measured, the water lead concentration and location of each lead service line sampled, the sampling method, and the date of sampling.

(4) Any system which collects lead service line samples following partial lead service line replacement required by rule 3745-81-84 of the Administrative Code shall report the results to the director within the first ten days of the month following the month in which the system receives the laboratory results, or as specified by the director. The director has the discretion to eliminate this requirement to report these monitoring results. Systems shall also report any additional information as specified by the director, in a time and manner prescribed by the director, to verify that all partial lead service line replacement activities have taken place.

(F) Public education program reporting requirements.

(1) Any public water system that is subject to the public education requirements in rule 3745-81-85 of the Administrative Code shall, within ten days after the end of each period in which the system is required to perform public education tasks in accordance with paragraph (B) of rule 3745-81-85 of the Administrative Code, send written documentation to the director that contains:

(a) A demonstration that the system has delivered the public education materials that meet the content requirements in paragraph (A) of rule 3745-81-85 of the Administrative Code and the delivery requirements in paragraph (B) of rule 3745-81-85 of the Administrative Code; and

(b) A list of all the newspapers, radio stations, television stations, and facilities and organizations to which the system delivered public education materials during the period in which the system was required to perform public education tasks.

(2) Unless required by the director, a public water system that previously has submitted the information required by paragraph (F)(1)(b) of this rule need not resubmit the information required by paragraph (F)(1)(b) of this rule, as long as there have been no changes in the distribution list and the system certifies that the public education materials were distributed to the same list submitted previously.

(3) No later than three months following the end of the monitoring period, each public water system shall mail a sample copy of the consumer notification of tap results to the director along with a certification that the notification has been distributed in a manner consistent with the requirements of paragraph (D) of rule 3745-81-85 of the Administrative Code.

(G) Reporting of additional monitoring data.

Any public water system which collects monitoring data in addition to that required by rules 3745-81-80 to 3745-81-88 of the Administrative Code shall report the results to the director within the first ten days following the end of the applicable monitoring period under rules 3745-81-86 to 3745-81-88 of the Administrative Code during which the samples are collected.

(H) Reporting of ninetieth percentile lead and copper concentrations where the director calculates a system’s ninetieth percentile concentrations.

A public water system is not required to report the ninetieth percentile lead and copper concentrations measured from among all lead and copper tap water samples collected during each monitoring period, as required by paragraph (A)(1)(d) of this rule if:

(1) The director has previously notified the water system that the director will calculate the water system’s ninetieth percentile lead and copper concentrations, based on the lead and copper tap results submitted pursuant to paragraph (H)(2)(a) of this rule, and has specified a date before the end of the applicable monitoring period by which the public water system shall provide the results of lead and copper tap water samples;

(2) The public water system has provided the following information to the director by the date specified in paragraph (H)(1) of this rule:

(a) The results of all tap samples for lead and copper including the location of each site and the criteria in paragraphs (A)(3), (A)(4), (A)(5), (A)(6), and (A)(7) of rule 3745-81-86 of the Administrative Code under which the site was selected for the system’s sampling pool, pursuant to paragraph (A)(1)(a) of this rule; and

(b) An identification of sampling sites utilized during the current monitoring period that were not sampled during previous monitoring periods, and an explanation why sampling sites have changed; and

(3) The director has provided the results of the ninetieth percentile lead and copper calculations, in writing, to the water system before the end of the monitoring period.

(I) Any public water system subject to the requirements of rules 3745-81-80 to 745-81-89 of the Administrative Code shall retain on its premises original records of all sampling data and analyses, reports, surveys., letters, evaluations, schedules, director’s determinations, and any other information required by rules 3745-81-80 to 3745-81-89 of the Administrative Code. Each water system shall retain the records required by this rule for no fewer than twelve years.

Effective: 07/24/2009

R.C. 119.032 review dates: 04/20/2009 and 07/24/2014

Promulgated Under: 119.03

Statutory Authority: 6109.04

Rule Amplifies: 6109.04

Prior Effective Dates: 09/13/93, 10/17/03