3745-81-83. Control of lead and copper; source water treatment requirements

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.

Five Year Review (FYR) Dates: 5/9/2019 and 05/09/2024
Promulgated Under: 119.03
Statutory Authority: 6109.04
Rule Amplifies: 6109.03, 6109.04
Prior Effective Dates: 09/13/1993, 10/17/2003, 07/24/2009

Prior History: (R.C. 119.032 review dates: 04/24/2014 and 04/24/2019
Promulgated Under: 119.03
Statutory Authority: 6109.04
Rule Amplifies: 6109.04
Prior Effective Dates: 09/13/93, 10/17/03)