R 325.10410 Public education regarding lead; consumer notice of lead and copper.

Rule 410. (1) Each community and noncommunity water supply that monitors for lead and copper under R 325.10710a shall deliver a consumer notice of lead and copper tap water monitoring results to persons served by the water supply at sites that are tested, as specified in subrule (5) of this rule. A community or noncommunity water supply is also considered "water supply" or "supply" in this rule. A water supply that exceeds the lead action level based on tap water samples that are collected under R 325.10710a shall issue public advisory as required by section 19(2) of the act and shall deliver the public education materials contained in subrule (2) of this rule under the requirements in subrule (3) of this rule. A water supply that exceeds the lead action level shall offer to arrange for sampling the tap water of a customer who requests sampling under subrule (4) of this rule. The water supply is not required to pay for collecting or analyzing the sample and is not required to collect and analyze the sample. (2) Both of the following apply to the content of written public education materials: (a) Water supplies shall include the following elements in printed materials, for example, brochures and pamphlets, in the same order as listed below. In addition, language in paragraphs (i) to (ii) and (vi) of this subdivision shall be included in the materials, exactly as written, except for the text in brackets in these paragraphs for which the water supply shall include supply-specific information. Any additional information presented by a water supply shall be consistent with the information below and be in plain language that can be understood by the general public. Printed materials shall be in a standalone publication or, if included as part of a community publication, the following text must appear on the first page of the publication in highly visible print: [INSERT NAME OF WATER SUPPLY] has exceeded the action level for lead in drinking water. See page [INSERT PAGE NUMBER] for important information about your drinking water. Water supplies shall submit all written public education materials to the department prior to delivery. The department may require the supply to obtain approval of the content of written public materials prior to delivery. (i) IMPORTANT INFORMATION ABOUT LEAD IN YOUR DRINKING WATER. [INSERT NAME OF WATER SUPPLY] HAS EXCEEDED THE ACTION LEVEL FOR LEAD. Lead can cause serious health and development 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. (ii) Health effects of lead. Lead can cause serious health and development problems. 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. Although other sources of lead exposure exist, such as lead paint, and lead contaminated dust, [INSERT NAME OF WATER SUPPLY] is contacting you to reduce your risk of exposure to lead in drinking water. If you have questions about other sources of lead exposure, please contact [INSERT NAME OF LOCAL HEALTH DEPARTMENT]. (iii) Sources of Lead. (A) Explain what lead is. Provide the water supply’s 90th percentile for lead, the range of individual sample results, and the number of samples included in the 90th percentile calculation. (B) Explain possible sources of lead in drinking water and how lead enters drinking water. Include information on lead service lines, lead solder, home/building plumbing, and fittings and fixtures that may contain lead. (C) Discuss other important sources of lead exposure in addition to drinking water, for example, paint. (D) Explain the unpredictability of lead release, the limits of 1-time tests, and the high lead content of some lead particulates. (iv) Discuss the steps the consumer can take to reduce their exposure to lead in drinking water. (A) Encourage running the water to flush out the lead. (B) Explain concerns with using hot water from the tap and specifically caution against the use of hot water for preparing baby formula. (C) Explain that boiling water does not reduce lead levels. (D) Discuss other options consumers can take to reduce exposure to lead in drinking water, such as alternative sources or treatment of water, including the availability of filters certified to remove lead and the importance of proper filter maintenance. (E) Suggest that parents have their child's blood tested for lead. (v) Explain why there are elevated levels of lead in the supply's drinking water, if known, and what the water supply is doing to reduce the lead levels in the community. The notification cannot state or imply that the identified risk is limited to a single property. (vi) For more information, call us at [INSERT YOUR NUMBER] [(IF APPLICABLE), or visit our Web site at [INSERT YOUR WEB SITE 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. (b) In addition to including the elements specified in subdivision (a) of this subrule, community water supplies shall do all of the following: (i) Tell consumers how to get their water tested. (ii) Discuss lead in plumbing components and the difference between low lead and lead free. (iii) Tell consumers about the availability of lead-free plumbing fixtures. Explain the importance of examining labels to ensure materials labeled lead-free are used for all potable water. Explain that fixtures labeled lead-free may still contain up to 0.25% lead. (3) All of the following provisions apply to delivery of public education materials: (a) For public water supplies serving communities that have more than 10% non-English speaking consumers, the public education materials shall contain information in the appropriate language or languages regarding the importance of the notice or contain a telephone number or address where persons served may contact the water supply to obtain a translated copy of the public education materials or to request assistance in the appropriate language. (b) A community water supply that exceeds the lead action level on the basis of tap water samples collected under R 325.10710a, and that is not already conducting public education tasks under this rule, shall conduct the public education tasks under this rule either within 60 days of notification by the department of a lead action level exceedance or within 60 days after the end of the monitoring period in which the exceedance occurred, whichever is sooner. The following apply: (i) Deliver printed materials meeting the content requirements of subrule (2) of this rule to all bill paying customers. (ii) All of the following provisions apply to contacting at-risk customers: (A) Contact customers who are most at risk by delivering education materials that meet the content requirements of subrule (2) of this rule to local public health agencies even if they are not located within the water supply's service area, along with an informational notice that instructs the organization to distribute the information to all the organization's potentially affected customers or community water supply's users. The water supply 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 supply. If lists are provided, supplies shall deliver education materials that meet the content requirements of subrule (2) of this rule to all organizations on the provided lists. (B) Contact customers who are most at risk by delivering materials that meet the content requirements of subrule (2) of this rule to all of the following organizations that are located within the water supply's service area, along with an informational notice that instructs the organization to distribute the information to all the organization's potentially affected customers or community water supply's users: (1) Public and private schools or school boards. (2) Women, Infants and Children (WIC) and Head Start programs. (3) Public and private hospitals and medical clinics. (4) Pediatricians. (5) Family planning clinics. (6) Local welfare agencies. (7) Community centers. (8) Adult foster care facilities. (C) Make a good faith effort to locate all of the following organizations within the service area and deliver materials that meet the content requirements of subrule (2) of this rule to them, along with an informational notice that instructs the organization to distribute the information 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 supply's service area: (1) Licensed childcare centers. (2) Public and private preschools. (3) Obstetricians-gynecologists and midwives. (iii) Not less often than quarterly, provide information on or in each water bill as long as the supply 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 supply shall include supply-specific information: [INSERT NAME OF WATER SUPPLY] exceeded the action level for lead in drinking water. Lead can cause serious health problems. For more information please call [INSERT NAME OF WATER SUPPLY] [or visit (INSERT YOUR WEB SITE HERE)]. The message or delivery mechanism can be modified in consultation with the department; specifically, the department may allow a separate mailing of public education materials to customers if the water supply cannot place the information on water bills. (iv) Post material meeting the content requirements of subrule (2) of this rule on the water supply's website if the supply serves a population greater than 1,000. A link to the material must be prominently shared on the primary water supply and municipality websites and any social media platforms commonly used by the supply. (v) Submit a press release to newspaper, television, and radio stations. (vi) In addition to subdivision (i) to (v) of this subrule, supplies shall implement not fewer than 3 activities from 1 or more categories listed below. The educational content and selection of these activities shall be determined in consultation with the department. (A) Public service announcements. (B) Paid advertisements. (C) Public area information displays. (D) E-mails to customers. (E) Text messages to customers. (F) Robocalls to customers. (G) Public meetings. (H) Household deliveries. (I) Targeted individual customer contact. (J) Direct material distribution to all multifamily homes and institutions. (K) Other methods approved by the department. (vii) For supplies that are required to conduct monitoring annually or less frequently, the end of the monitoring period is September 30 of the calendar year in which the sampling occurs, or, if the department has established an alternate monitoring period, the last day of that period. (c) As long as a community water supply exceeds the action level, it shall repeat the activities under subdivision (b)(i) and (ii) of this subrule as described in all of the following, as applicable: (i) A community water supply shall repeat the education materials delivery tasks contained in subdivision (b)(i) and (ii) of this subrule and repeat the additional activities tasks contained in subdivision (b)(vi) of this subrule every 12 months. (ii) A community water supply shall repeat the water bill information tasks contained in subdivision (b)(iii) of this subrule with each billing cycle. (iii) A community water supply serving a population greater than 1,000 shall post and retain material on a publicly accessible website under subdivision (b)(iv) of this subrule. (iv) The community water supply shall repeat the press release task in subdivision (b)(v) of this subrule twice every 12 months on a schedule agreed upon with the department. The department may allow activities in subdivision (b) of this subrule to extend beyond the 60-day requirement if needed for implementation purposes on a case- by-case basis; however, this extension shall be approved in writing by the department before the 60-day deadline. (d) Within either 60 days of notification by the department of a lead action level exceedance or within 60 days after the end of the monitoring period in which the exceedance occurred, whichever is sooner, unless it already is repeating public education tasks under subdivision (e) of this subrule, a nontransient noncommunity water supply shall deliver the public education materials specified by subrule (2) of this rule under all of the following provisions: (i) Post informational posters on lead in drinking water in a public place or common area in each of the buildings served by the supply. (ii) Distribute informational pamphlets, or brochures, or both, on lead in drinking water to each person served by the nontransient noncommunity water supply. The department may allow the supply to utilize electronic transmission instead of or combined with printed materials as long as it achieves at least the same coverage. (iii) For supplies that are required to conduct monitoring annually or less frequently, the end of the monitoring period is September 30 of the calendar year in which the sampling occurs, or, if the department has established an alternate monitoring period, the last day of that period. (e) A nontransient noncommunity water supply shall repeat the posting and distributing tasks contained in subdivision (d) of this subrule at least once during each calendar year in which the supply exceeds the lead action level. The department may allow activities in subdivision (d) of this subrule to extend beyond the 60-day requirement if needed for implementation purposes on a case-by-case basis; however, this extension shall be approved in writing by the department in advance of the 60-day deadline. (f) A water supply may discontinue delivery of public education materials if the supply has met the lead action level during the most recent 6-month monitoring period conducted under R 325.10710a. The supply shall recommence public education under this rule if it subsequently exceeds the lead action level during a monitoring period. (g) A community water supply may apply to the department, in writing, unless the department has waived the requirement for prior department approval, to use only the text specified in subrule (2)(a) of this rule instead of the text in subrule (2)(a) and (b) of this rule and to perform the tasks listed in subdivisions (d) and (e) of this subrule instead of the tasks in subdivisions (b) and (c) of this subrule if both of the following conditions exist: (i) The supply 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. (ii) The supply provides water as part of the cost of services provided and does not separately charge for water consumption. (h) A community water supply serving 3,300 or fewer people may limit certain aspects of their public education programs as follows: (i) With respect to the requirements of subdivision (b)(vi) of this subrule, a supply serving 3,300 or fewer shall implement at least 1 of the activities listed in that paragraph. (ii) With respect to the requirements of subdivision (b)(ii) of this subrule, a supply serving 3,300 or fewer people may limit the distribution of the public education materials required under that subdivision to facilities and organizations served by the supply that are most likely to be visited regularly by pregnant women and children. (iii) With respect to the requirements of subdivision (b)(v) of this subrule, the department may waive this requirement for supplies serving 3,300 or fewer persons as long as supply distributes notices to every household served by the supply. (4) A water supply that fails to meet the lead action level based on tap samples collected under R 325.10710a shall offer to arrange for sampling the tap water of a customer who requests sampling. The supply is not required to pay for collecting or analyzing the sample and is not required to collect and analyze the sample. (5) All of the following provisions apply to notification of results: (a) Each supply shall provide a notice of the individual tap results from lead and copper tap water monitoring carried out under R 325.10710a to the persons served by the supply at the specific sampling site from which the sample was taken, for example, the occupants of the residence where the tap was tested. (b) A supply shall provide the consumer notice as soon as practical, but not later than 30 days after the supply learns of the tap monitoring results. (c) The consumer notice shall include the results of lead and copper tap water monitoring for the tap that was tested, an explanation of the health effects of lead and copper, list steps consumers can take to reduce exposure to lead and copper in drinking water and contact information for the water utility. The notice shall also provide the maximum contaminant level goals and the action levels for lead and copper and the definitions for these 2 terms from R 325.10413(4) and (6). (d) The consumer notice shall be provided to persons served at the tap that was tested, either by mail or by another method approved by the department. For example, upon approval by the department, a non- transient non-community water supply could post the results on a bulletin board in the facility to allow users to review the information. The supply shall provide the notice to customers at sample taps tested, including consumers who do not receive water bills. (6) The director shall appoint a statewide drinking water advisory council to assist the department in developing lead public awareness campaign materials and advise the department on efforts to educate the public about lead in drinking water. (a) The membership of the statewide council shall consist of 1 community water supply representative, 1 noncommunity water supply representative, 1 representative of the administrative branch of a local government agency, 1 medical professional, 1 professor of public health at a university in the state, 1 representative of an environmental or public health advocacy group, 1 public health educator, and 2 members of the public at large. To be eligible for appointment to the state council, an individual shall have a demonstrated interest in or knowledge of lead in drinking water and its effects. (b) The members first appointed to the statewide council shall be appointed within 90 days after the effective date of this rule. (c) Members of the statewide council shall serve for terms of 3 years or until a successor is appointed, whichever is later, except certain of the members first appointed may be appointed for shorter terms to achieve a staggering of terms. (d) If a vacancy occurs on the statewide council, an appointment for the unexpired term shall be made in the same manner as the original appointment. (e) A member of the statewide council may be removed for incompetence, dereliction of duty, malfeasance, misfeasance, or nonfeasance in office, or any other good cause. (f) At the first meeting of the statewide council, the council shall elect from its members a chairperson and other officers as it considers necessary or appropriate. After the first meeting, the council shall meet at least quarterly. (g) A majority of the members of the statewide council constitute a quorum for the transaction business at a meeting of the council. A majority of the members present and serving are required for official action of the council. (h) The business that the statewide council may perform shall be conducted at a public meeting of the council held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. (i) A writing prepared, owned, used, in the possession of, or retained by the statewide council in the performance of an official function is subject to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. (j) The statewide council shall do the following: (i) Develop plans for continuing public awareness about lead in drinking water. (ii) In consultation with the department, the department of health and human services, or any other relevant state agency, generate public awareness campaign materials about lead to be distributed by water supplies. (iii) Assist in promoting the transparency of data and documents related to lead in drinking water within the state. (iv) Advise and consult with the water supply advisory councils defined in R 325.10410(7) on the development of appropriate plans for remediation and public education to be implemented if the lead action level is exceeded. Develop appropriate recommendations for notifying the public and minimizing risk of lead exposure during construction activities in proximity to lead service lines. (v) Provide advice, direction, and assistance on lead or other drinking quality issues as needed to individual water supplies and their advisory councils, as well as to water supplies that are not required to have advisory councils. (7) Each water supply that serves a population of 50,000 or more, and each consecutive water system that serves a population of 50,000 or more, shall create a water system advisory council. Councils shall operate as follows: (a) A council shall consist of at least 5 members, appointed by the community supply. To be eligible for appointment to the council, an individual shall have a demonstrated interest in or knowledge about lead in drinking water and its effects. At least one member must be a local resident who does not formally represent the interests of any incorporated organization. (b) The members first appointed to a council shall be appointed within 180 days after the effective date of this rule. (c) The business that the council may perform shall be conducted at a public meeting of the council and held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. (d) The first meeting of a council shall be called by the water supply. At the first meeting, the council shall elect from its members a chairperson and other officers as it considers necessary or appropriate. After the first meeting, the council shall meet at least annually. (e) A writing prepared, owned, used, in the possession of, or retained by the council in the performance of an official function is subject to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. (f) The council shall do the following: (i) Develop plans for continuing public awareness about lead in drinking water, even when the action level is not exceeded. (ii) Review public awareness campaign materials provided by the statewide drinking water advisory council to ensure the needs and interests of the community, considering the economic and cultural diversity of its residents, are addressed. (iii) Advise and consult with the water supply on the development of appropriate plans for remediation and public education to be implemented if a lead action level is exceeded. (iv) Advise and consult with the water supply on efforts to replace private lead service lines at locations where the owner declined service line replacement. (v) Assist in promoting transparency of all data and documents related to lead in drinking water within the water supply service area. (vi) Collaborate with local community groups to ensure that residents have the opportunity to be involved in efforts to educate the community about lead in drinking water. (g) A water system advisory council may independently seek advice, direction, and assistance from the department or the statewide advisory council.