§ 109.1104. Public education and notification.

 (a)  Public education program. The water supplier for a system that exceeds the lead action level based on tap monitoring conducted under §  109.1103 (relating to monitoring requirements) shall implement a public education program in accordance with this section. The public education program will remain in effect until the system qualifies for discontinuation under paragraph (3).

   (1)  Content. The water supplier shall include mandatory language established by the EPA under 40 CFR 141.85 (relating to public education and supplemental monitoring requirements), which is incorporated by reference, in all of the printed and broadcast materials distributed through the lead public education program. Additional information presented by a system shall be consistent with the information specified in this section and be in plain English that can be understood by laypersons. If appropriate or as designated by the Department, public education materials shall be bilingual or multilingual. Systems may delete information pertaining to lead service lines, upon approval by the Department, if no lead service lines exist in the system’s service area.

     (i)   Mandatory language for newspapers and water bill inserts. The community water supplier shall include the information contained in 40 CFR 141.85(a) in all printed material submitted to newspapers and inserted with customers’ water bills. In addition to the water bill insert, the water supplier shall provide the following alert on the water bill itself in large print:

  ‘‘Some homes in this community have elevated lead levels in their drinking water. Lead can pose a significant risk to your health. Please read the enclosed notice for further information.’’

     If a water supplier is unable to include the alert verbatim on the water bill because of insufficient space on the bill, the water supplier may request, and the Department may allow, a minor wording change so long as the content remains essentially unaffected. Public education language in 40 CFR 141.85(a)(1)(iv)(B)(5) and (D)(2) may be modified regarding building permit record availability and consumer access to these records, upon approval by the Department.

     (ii)   Mandatory language for pamphlets and brochures. The water supplier shall include the information contained in 40 CFR 141.85(a)(1)(ii) and (iv) in all pamphlets or brochures printed and distributed in accordance with this section.

     (iii)   Mandatory language for public service announcements. The water supplier shall include the information contained in 40 CFR 141.85(b) in public service announcements submitted for broadcast.

     (iv)   Mandatory language for nontransient noncommunity water systems. The water supplier for a nontransient noncommunity water system shall include either the information contained in 40 CFR 141.85(a)(1), or the information contained in 40 CFR 141.85(a)(2), in public education materials printed and distributed in accordance with this section.

   (2)  Delivery.

     (i)   Community water system requirements. Within 60 days after exceeding the lead action level, unless it is already repeating public education tasks under subsection (a), the water supplier for a community water system shall deliver the public education materials to its customers in accordance with clauses (A)—(D). The water supplier shall repeat the tasks contained in clauses (A)—(C) every 12 months, and in clause (D) every 6 months for as long as the system exceeds the lead action level.

       (A)   The water supplier shall insert notices with and include the alert on each customer’s water bill containing the information in paragraph (1)(i). If the billing cycle or billing form prevents distribution of this notice within 60 days of the lead action level exceedance, the water supplier may deliver the information required in paragraph (1) within 60 days of the lead action level exceedance in one of the following ways:

         (I)   A separate direct mailing.

         (II)   Hand delivery.

       (B)   The water supplier shall submit the information in paragraph (1)(i) to the editorial departments of the major daily and weekly newspapers circulated throughout the community.

       (C)   The water supplier shall deliver pamphlets or brochures, or both, that contain the information in paragraph (1)(ii) to facilities and organizations, including the following:

         (I)   Public schools or local school boards, or both.

         (II)   City or county health department.

         (III)   Women, Infants, and Children or Head Start Programs whenever available.

         (IV)   Public and private hospitals and clinics.

         (V)   Pediatricians.

         (VI)   Family planning clinics.

         (VII)   Local welfare agencies.

       (D)   The water supplier shall submit a public service announcement which includes the information in paragraph (1)(iii) to at least five of the radio and television stations with the largest audiences that broadcast to the community served by the water system.

       (E)   A community water system may apply to the Department, in writing, to use the text specified in 40 CFR 141.85(a)(2) in lieu of the text in 40 CFR 141.85(a)(1), and to perform the tasks listed under subparagraph (ii)(A) in lieu of the tasks under clauses (A)—(D) 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 the plumbing or installing point-of-use treatment devices.

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

       (F)   A community water system serving 3,300 or fewer persons may omit the task contained in clause (D) if notices containing the information required under paragraph (1) are distributed to every household served by the system at least once during each calendar year the system exceeds the lead action level.

     (ii)   Nontransient noncommunity water system requirements. Within 60 days after exceeding the lead action level, the water supplier for a nontransient noncommunity water system shall deliver the public education materials contained in paragraph (1)(iv) to its consumers, unless it is already repeating public education tasks under this subsection.

       (A)   The water supplier shall 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 distribute informational pamphlets or brochures, or both, on lead in drinking water to each person routinely served by the nontransient noncommunity water system. Systems may use electronic transmission in lieu of or combined with printed materials as long as it achieves at least the same coverage.

       (B)   The water supplier shall repeat the tasks contained in clause (A) at least once during each calendar year in which the system exceeds the lead action level.

   (3)  Discontinuation of public education program. A water supplier may discontinue implementation of its public education program if the system does not exceed the lead action level during the most recent 6-month monitoring period conducted under §  109.1103. The system shall resume public education in accordance with this section if it exceeds the lead action level at any time during a future monitoring period.

   (4)  Notification of customer monitoring. A water supplier that fails to meet the lead action level on the basis of tap monitoring conducted in accordance with §  109.1103 shall provide information regarding laboratories certified by the Department for lead and copper testing to any customer who requests it.

 (b)  Public notification requirements. A water supplier shall give public notification in accordance with Subchapter D (relating to public notification) when one of the following occurs:

   (1)  The water supplier fails to perform monitoring and analyses as required by §  109.1103.

   (2)  The water supplier is not in compliance with a treatment technique established under §  109.1102(b) (relating to action levels and treatment technique requirements).

   The provisions of this §  109.1104 amended August 9, 2002, effective August 10, 2002, 32 Pa.B. 3894. Immediately preceding text appears at serial pages (207320) to (207322) and (281961).

   This section cited in 25 Pa. Code §  109.1103 (relating to monitoring requirements); and 25 Pa. Code §  109.1107 (relating to system management responsibilities).