N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 5-1.47

Current through Register Vol. 46, No. 45, November 2, 2024

Section 5-1.47 - Notification and public education requirements

(a)Notification of results to consumers.

All water systems shall provide notice of the individual tap results from lead tap water monitoring carried out under the requirements of section 5-1.42 of this Subpart to the persons served by the water system at the specific sampling site from which the sample was taken (i.e., the occupants of the residence where the tap was tested). Water systems that exceed the lead action level shall sample the tap water of any customer who requests it in accordance with subdivision (i) of this section.

(1) Notice shall be provided as soon as practical, but no later than 30 days after the system learns of the tap monitoring results.

(2) Notice shall be provided either by mail or by another method approved by the State.

(3) Notice shall include the lead levels for the tap that was tested, an explanation of the health effects of lead, a list of steps consumers can take to reduce exposure to lead in drinking water, and contact information for the water utility. The notice shall also provide the maximum contaminant level goal and the action level for lead and the definitions for these two terms from section 5-1.72(f) of this Subpart.

(b)Public education material content and delivery.

A water system that exceeds the lead action level based on tap water samples collected in accordance with section 5-1.42 of this Subpart shall deliver public education materials in accordance with paragraphs (1) and (2) of this subdivision.

(1) Content of public education materials.

(i) Community water systems and nontransient noncommunity water systems. 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 clauses (a) through (b) and (f) of this subparagraph shall be included in the materials, exactly as written, except for the text in brackets in these clauses for which the water system shall include system-specific information. Any additional information presented by a water system shall be consistent with the information below and be in plain language that can be understood by the general public. Water systems shall submit all written public education materials to the State for approval 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) Provide information on sources of lead.

(1) explain what lead is;

(2) 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.

(3) discuss other important sources of lead exposure in addition to drinking water (e.g., lead-based paint).

(d) Discuss the steps consumers can take to reduce their exposure to lead in drinking water:

(1) encourage running the water to flush out lead;

(2) explain concerns with using hot water from the tap and specifically caution against the use of hot water for preparing baby formula;

(3) explain that boiling water does not reduce lead levels;

(4) discuss other options consumers can take to reduce exposure to lead in drinking water, such as alternative sources or treatment of water;

(5) suggest that parents have their child's blood tested for lead.

(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 Number] [(If Applicable), or visit our website at [Insert Your website Here]]. For more information on reducing lead exposure around your home/building and the health effects of lead, visit EPA's website at http://www.epa.gov/lead or contact your health care provider.

(ii) Community water systems. In addition to including the elements specified in this paragraph, community water systems shall:

(a) tell consumers how to get their water tested;

(b) discuss lead in plumbing components, the difference between low lead and lead free, the requirement to use lead-free materials, and the standards that materials shall meet in order to be considered lead free.

(iii) Each water system required to deliver public education materials through additional means specified in subparagraphs (2)(i) through (ii) of this subdivision shall include additional content as determined in consultation with the State.

(2) Delivery of public education materials.

(i) For public water systems serving a large proportion of non-English speaking consumers, as determined by the State, the public education materials 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 public education materials or to request assistance in the appropriate language.

(ii) A community water system that exceeds the lead action level and that is not already conducting public education tasks under this section, shall conduct the following public education tasks within 60 days after the end of the monitoring period in which the exceedance occurred. For systems that are required to conduct monitoring annually or less frequently, the end of the monitoring period is September 30th of the calendar year in which the sampling occurs or, if the State has established an alternate monitoring period, the last day of that period:

(a) deliver printed materials meeting the content requirements of subdivision (a) of this section to all bill paying customers;

(b) contact consumers who are most at risk by delivering education materials that meet the content requirements of subdivision (a) of this section as follows:

(1) contact the State for a list of community based organizations serving target populations, even if they are not located within the water system's service area, and deliver education materials to all appropriate organizations along with an informational notice that encourages distribution to all the organization's potentially affected customers or community water system's users as determined in consultation with the State. The water system must contact the State directly by phone or in person;

(2) contact customers who are most at risk by delivering materials to the following organizations that are located within the water system's service area, along with an informational notice that encourages distribution to all the organization's potentially affected customers or community water system's users:

(i) public and private schools or school boards;

(ii) women, infants and children (WIC) and Head Start programs;

(iii) public and private hospitals and medical clinics;

(iv) pediatricians;

(v) family planning clinics;

(vi) local welfare agencies;

(3) make a good faith effort to locate the following organizations within the service area and deliver materials, 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 State:

(i) licensed childcare centers;

(ii) public and private preschools;

(iii) 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 for 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 Name of Water System] [or visit (Insert Your website Here)]. The message or delivery mechanism can be modified in consultation with the State; specifically, the State 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 subdivision (a) of this section on the water system's website if the system serves a population greater than 100,000 or if the water system maintains a publicly accessible website;

(e) submit a press release to newspaper, television and radio stations;

(f) in addition to the other requirements of this section, systems shall implement at least three activities from one or more categories listed below. The educational content and selection of these activities must be determined in consultation with the State:

(1) public service announcements;

(2) paid advertisements;

(3) public area informational displays;

(4) e-mails to customers;

(5) public meetings;

(6) household deliveries;

(7) targeted individual customer contact;

(8) direct material distribution to all multi-family homes and institutions;

(9) other methods approved by the State.

(c) As long as a community water system exceeds the action level, it shall repeat the activities pursuant to paragraphs (1) through (4) of this subdivision.

(1) A community water system shall repeat the tasks contained in subdivisions (a), (b) and (f) of this section every 12 months.

(2) A community water system shall repeat tasks contained in this subdivision with each billing cycle.

(3) A community water system serving a population greater than 100,000 shall post and retain material on a publicly accessible website pursuant to subdivision (d) of this section.

(4) The community water system shall repeat the tasks in clauses (b)(2)(ii)(a), (b) and (d) of this section twice every 12 months on a schedule agreed upon with the State. The State may allow activities in clause (b)(2)(ii)(b) of this section to extend beyond the 60-day requirement if needed for implementation purposes on a case-by-case basis; however, this extension must be approved in writing by the State in advance of the 60-day deadline.

(d) A nontransient noncommunity water system that exceeds the lead action level and that is not already conducting public education tasks under this section shall conduct the following public education tasks within 60 days after the end of the monitoring period in which the exceedance occurred. For systems that are required to conduct monitoring annually or less frequently, the end of the monitoring period is September 30th of the calendar year in which the sampling occurs or, if the State has established an alternate monitoring period, the last day of that period:

(1) 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

(2) distribute informational pamphlets and/or brochures on lead in drinking water to each person served by the nontransient noncommunity water system. The State may allow the system to utilize electronic transmission in lieu of or combined with printed materials as long as it achieves at least the same coverage.

(e) A nontransient noncommunity water system shall repeat the tasks contained in subdivision (d) of this section at least once during each calendar year in which the system exceeds the lead action level. The State may allow activities in this section to extend beyond the 60-day requirement if needed for implementation purposes on a case-by-case basis; however, this extension must be approved in writing by the State in advance of the 60-day deadline.

(f) A water system may discontinue delivery of public education materials if the system has met the lead action level during the most recent six-month monitoring period. Such a system shall recommence public education in accordance with this section if it exceeds the lead action level during any subsequent monitoring period.

(g) A community water system may use only the text specified in subparagraphs (b)(1)(i) and (ii) of this section in lieu of the text in subparagraphs (b)(1)(i) through (iii) of this section, and to perform the tasks listed in subdivisions (d) and (e) of this section in lieu of the tasks in subparagraph (b)(2)(ii) and paragraph (3) of this section if:

(1) 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 or installing point of use treatment devices;

(2) the system provides water as part of the cost of services provided and does not separately charge for water consumption; and

(3) the State has not directed the water system to conduct broader distribution of education material as needed if in its judgment education materials are not reaching the system's consumers.

(h) A community water system serving 3,300 or fewer people may limit certain aspects of their public education programs as follows:

(1) With respect to the requirements of clause (b)(2)(ii)(f) of this section, a system serving 3,300 or fewer shall implement at least one of the activities listed in that clause.

(2) With respect to the requirements of clause (b)(2)(ii)(b) of this section, a system serving 3,300 or fewer people may limit the distribution of the public education materials required under that clause to facilities and organizations served by the system that are most likely to be visited regularly by pregnant women and children.

(3) With respect to the requirements of clause (b)(2)(ii)(e) of this section, the State may waive this requirement for systems serving 3,300 or fewer persons as long as system distributes notices to every household served by the system.

(i)Consumer requests for lead sampling.

A water system that fails to meet the lead action level on the basis of tap samples collected in accordance with section 5-1.42 of this Subpart shall provide assistance in determining lead levels at the tap of any customer who requests it. Systems may collect and analyze the samples, but are not obligated to incur expenses. Systems are also not obligated to collect and analyze samples itself, but shall provide information about laboratories providing this service.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 5-1.47

Amended New York State Register January 17, 2018 /Volume XL, Issue 03, eff. 1/17/2018

Amended New York State Register December 28, 2022/Volume XLIV, Issue 52, eff. 12/28/2022