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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 290PUBLIC DRINKING WATER
SUBCHAPTER FDRINKING WATER STANDARDS GOVERNING DRINKING WATER QUALITY AND REPORTING REQUIREMENTS FOR PUBLIC WATER SYSTEMS
RULE §290.117Regulation of Lead and Copper

      (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.

    (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 and buildings in this area.

    (F) "For more information, call us at {INSERT YOUR SYSTEM's PHONE NUMBER} if applicable) or visit our website at {INSERT YOUR WEBSITE HERE}. For more information on reducing lead exposure around your home or building and the health effects of lead, visit EPA's website at www.epa.gov/lead or contact your health care provider."

    (G) In addition to including the elements specified in subparagraphs (A) - (F) of this paragraph, community water systems must:

      (i) tell consumers how to get their water tested, and

      (ii) discuss lead in plumbing components and the difference between low lead and lead free.

    (H) For public water systems serving a large proportion of non-English speaking consumers, as determined by the executive 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) Delivery of public education materials by community systems. Systems must provide public education materials meeting the criteria of paragraph (1) of this subsection to the public in accordance with this paragraph.

    (A) A community system must directly deliver printed public education materials to all bill paying customers.

      (i) The community system must deliver public education materials to local public health agencies even if they are not 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. The system must 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 must deliver public education materials to all organizations on the provided lists.

      (ii) The community system must contact customers who are most at risk by delivering public education materials to the organizations listed in this clause 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; and

        (VI) Local welfare agencies.

      (iii) The community system must make a good faith effort to locate organizations of the types listed in this clause within the service area and deliver public education materials 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.

        (I) Licensed childcare centers;

        (II) Public and private preschools; and

        (III) Obstetricians-Gynecologists and Midwives.

      (iv) The community system must implement at least three activities from one or more categories listed in this clause. The educational content and selection of these activities must be determined in consultation with the executive 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; or

        (IX) Other methods approved by the executive director.

      (v) At least quarterly, the community system must 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 must include the following statement exactly as written except for the text in brackets for which the water system must 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}" Upon written request, the executive director may allow a separate mailing of public education materials to customers if the water system cannot place the information on water bills.

      (vi) A community system serving more than 100,000 people must post public education materials on the water system's website.

      (vii) The community system must submit a press release to newspaper, television and radio stations.

    (B) With executive director approval, a community public water system serving 3,300 or fewer people may limit certain aspects of their public education programs by distributing the public education materials required by subparagraph (A)(ii) of this paragraph to facilities and organizations served by the public water system that are most likely to be visited regularly by pregnant women and children. In addition:

      (i) The executive director may waive the requirement of subparagraph (A)(vii) of this paragraph, to submit press releases to the media, as long as the public water system distributes notices to every household served by the system.

      (ii) The public water system shall implement at least one of the requirements found in subparagraph (A)(iv) of this paragraph.

    (C) A community water system may apply to the executive director, in writing, to use only the text specified in paragraph (1)(A) - (F) of this subsection, omitting the text specified in paragraph (1)(G) of this subsection, and to post public education materials as described in paragraph (3) of this subsection, omitting the tasks in subparagraph (A) of this paragraph if:

      (i) 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; and

      (ii) The system provides water as part of the cost of services provided and does not separately charge for water consumption.

  (3) Delivery of public education materials by nontransient, noncommunity systems. Systems must provide public education materials meeting the criteria of paragraph (1) of this subsection to the public in accordance with this paragraph.

    (A) The system must post informational posters on lead in drinking water in a public place or common area in each of the buildings served by the system.

    (B) The system must distribute informational brochures on lead in drinking water to each person served by the nontransient, noncommunity water system. The executive director 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.

  (4) Frequency and timing of public education. A system that exceeds the lead action level must provide educational materials meeting the content requirements of paragraph (1) of this subsection to the public 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 30 of the calendar year in which the sampling occurs, or, if the executive director has established an alternate monitoring period, the last day of that period.

    (A) Frequency and timing of public education activities for community systems. As long as a community water system exceeds the action level, it must repeat the activities of this paragraph at the frequency contained in this paragraph.

      (i) A community system shall repeat tasks contained in paragraph (2)(A)(v) of this subsection every billing cycle.

Cont'd...

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