(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 nontransient noncommunity 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, and lead threshold levels.
(1) The lead action level is exceeded if, at any time during the monitoring period, 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, at any time during the monitoring period, 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.
If the result of the calculation in paragraph (C)(3)(b) of this rule is not a whole number, the concentrations for the samples above and below the result shall be iterated to yield 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.
(4) The lead threshold level is exceeded at 0.015 milligrams per liter concentration of lead in an individual tap water sample.
(D) Corrosion control treatment requirements.
(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 requirements. Any system that replaces lead service lines, replaces water mains in areas that contain or are likely to contain lead service lines or exceeds the lead action level after implementation of applicable corrosion control and source water treatment requirements shall complete the requirements contained in rule 3745-81-84 of the Administrative Code.
(G) Consumer notification, lead public notification and public education requirements.
(1) Consumer notification. Pursuant to rule 3745-81-85 of the Administrative Code, the owner or operator of a public water system shall provide a consumer notice of lead tap water monitoring results to persons served at the sites (taps) that are sampled.
(2) Lead public notification. Any system with results of lead tap water monitoring that show an exceedance of the lead action level shall provide lead public notification in accordance with 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 each 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.
(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 or copper.
Five Year Review (FYR) Dates: 1/31/2018 and 05/01/2023
Promulgated Under: 119.03
Statutory Authority: 6109.121, 6109.04
Rule Amplifies: 6109.04 , 6109.121
Prior Effective Dates: 9/13/93, 10/17/03, 7/24/09