Section 611.355  Public Education and Supplemental Monitoring and Mitigation

 

A supplier that exceeds the lead action level based on tap water samples collected in compliance with Section 611.356 must distribute the public education materials contained in subsection (a) in compliance with the delivery requirements in subsection (b).  Suppliers that exceed the lead action level must offer to sample the tap water of any person served by the water system who request it in compliance with subsection (c).  Suppliers must offer to sample for lead in the tap water of any person served by a lead, galvanized requiring replacement, or lead status unknown service line who requests it in compliance with subsection (c).  All suppliers must deliver a consumer notice of lead tap water monitoring results and copper tap water monitoring results to persons served by the supplier at sites that are sampled, as specified in subsection (d).  A supplier with lead, galvanized requiring replacement, or lead status unknown service lines must deliver public education materials to persons with a lead, galvanized requiring replacement, or lead status unknown service line as specified in subsections (e) and (f).  All CWSs that do not meet the minimum replacement rate for mandatory service line replacement as required under Section 611.354(d) must conduct outreach activities as specified in subsection (h).  All CWSs must conduct annual outreach to local and State health agencies as outlined in subsection (i).  Suppliers with multiple lead action level exceedances, as specified in subsection (j)(1), must conduct public outreach and make filters certified to reduce lead available as specified in subsection (j)(2) through (j)(6).  For suppliers serving a large proportion of consumers with limited English proficiency, as determined by the Agency, all public education materials required under this section must comply with the language requirements in subsection (b)(1).

 

a)         Content of written public education materials.

 

1)         Community water systems and non-transient non community water systems.  Suppliers must include the following elements in written materials (e.g., printed or digital brochures and pamphlets) in the same order as listed in subsections (a)(1)(A) through (a)(1)(G).  In addition, language in subsections (a)(1)(A), (a)(1)(B), and (a)(1)(G) must be included in the materials, exactly as written, except for the text in brackets for which the supplier must include supplier-specific information.  The Agency may approve changes to the content requirements if the Agency determines the changes are more protective of human health.  Any additional information presented by a supplier must be consistent with the information in subsections (a)(1)(A), through (a)(1)(G), and be in plain language that the general public can understand.  Suppliers must submit a copy of all written public education materials to the Agency prior to delivery.

 

A)        IMPORTANT INFORMATION ABOUT LEAD IN YOUR DRINKING WATER.  [INSERT NAME OF SUPPLIER] found elevated levels of lead in drinking water in some homes/buildings.  Lead can cause serious health problems, especially for pregnant people 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.  There is no safe level of lead in drinking water.  Exposure to lead in drinking water can cause serious health effects in all age groups, especially pregnant people, infants (both formula-fed and breastfed), and young children.  Some of the health effects to infants and children include decreases in IQ and attention span.  Lead exposure can also result in new or worsened learning and behavior problems.  The children of persons who are exposed to lead before or during pregnancy may be at increased risk of these harmful health effects.  Adults have increased risks of heart disease, high blood pressure, kidney or nervous system problems.  Contact your health care provider for more information about your risks.

 

C)        Sources of lead.

 

i)          Explain what lead is.

 

ii)         Explain possible sources of lead in drinking water and how lead enters drinking water.  Include information on home/ building plumbing materials, service lines, and connectors that may contain lead and include information about the definition of lead free as provided in Safe Drinking Water Act section 1417 of 1986 and as subsequently revised in 2011.  Explain that lead levels may vary and therefore lead exposure is possible even when tap sampling results do not detect lead at one point in time.

 

iii)        Discuss other important sources of lead exposure in addition to drinking water (e.g., paint).

 

BOARD NOTE:  The supplier must use text providing the information this subsection (a)(1)(C) describes.

 

D)        Consumer steps to reduce lead exposure.  Discuss the steps the consumer can take to reduce exposure to lead in drinking water.

 

i)          Explain that using a filter certified by an American National Standards Institute accredited certifier to reduce lead is effective in reducing lead exposures.  If the supplier makes filters available in compliance with subsection (j)(2), also include information on how the consumer can obtain a filter.

 

ii)         Encourage running the water to flush out the lead.  Explain that lead levels increase over time as water sits in lead-containing plumbing materials and regular water usage in the building can reduce lead levels in drinking water.  Advise consumers served by lead and galvanized requiring replacement service lines that they may need to flush the water for longer periods

 

iii)        Explain concerns with using hot water from the tap and specifically caution against the use of hot water for preparing baby formula

 

iv)        Explain that boiling water does not reduce lead levels.

 

v)         Encourage regular cleaning of faucet aerators.

 

vi)        Discuss other steps consumers can take to reduce exposure to lead in drinking water, especially for pregnant persons, infants, and young children, such as using alternative sources of water.

 

vii)       Suggest that parents have their child's blood tested for lead.  Provide contact information for the Agency and/or local health department.

 

viii)      Tell consumers how to get their water tested, including information in compliance with subsection (c).

 

BOARD NOTE:  The supplier must use text providing the information this (a)(1)(D) describes.

 

E)        Levels of lead in drinking water.  Explain why there are elevated levels of lead in the supplier's drinking water (if known) and what the supplier is doing to reduce the lead levels in homes/buildings in this area.

 

BOARD NOTE:  The supplier must use text providing the information this (a)(1)(E) describes.

 

F)         Information on lead, galvanized requiring replacement, and unknown service lines.  For suppliers with lead, galvanized requiring replacement, or lead status unknown service lines in the supplier's inventory in compliance with Section 611.384(a) and (b), public education materials must meet the requirements of subsection (a)(1)(F)(i) through (vii).  For suppliers with lead connectors or connectors of unknown material in the supplier's inventory in compliance with Section 611.384(a) and (b), public education materials must meet the requirements of subsection (a)(1)(F)(iii):

 

i)          Discuss opportunities to replace lead and galvanized requiring replacement service lines;

 

ii)         Discuss opportunities to have the material of a lead status unknown service line identified;

 

iii)        Include information on how to obtain a copy of the service line inventory or view the inventory on the internet if the supplier is required to make the inventory available online so the consumer can find out if they are served by a lead, galvanized requiring replacement, or lead status unknown service line, or known lead connector or connector of unknown material;

 

iv)        Include information on how to obtain a copy of the service line replacement plan or view the plan on the internet if the supplier is required to make the service line replacement plan available online;

 

v)         Include information about opportunities to replace lead and galvanized requiring replacement service lines.  Where the supplier intends for customer payment for a portion of the replacement where it is required or authorized by State or local law or a water tariff agreement, the notice must include information about programs that provide financing solutions to assist property owners with replacement of their portion of a lead or galvanized requiring replacement service line;

 

vi)        Include a statement that the supplier is required to replace its portion of a lead or galvanized requiring replacement service line when the property owner notifies the supplier that they are replacing their portion of the lead or galvanized requiring replacement service line; and

 

vii)       Include a statement that provides instructions for the customer or consumer to notify the supplier if they disagree with the service line material categorization in the inventory.

 

G)        More information about lead.  For more information, contact [INSERT NAME OF SUPPLIER] at [INSERT THE SUPPLIER'S NUMBER or EMAIL ADDRESS] (IF APPLICABLE), or visit our Web site at [INSERT THE SUPPLIER'S WEBSITE HERE].  For more information on reducing lead exposure around your home/building and the health effects of lead, visit USEPA's Website at https://www.epa.gov/lead or contact your health care provider.

 

2)         This subsection (a)(2) corresponds with 40 CFR 141.85(a)(2), which USEPA marked "[reserved]".  This statement maintains structural consistency with USEPA's rule.

 

BOARD NOTE:  At corresponding 40 CFR 141.85(a)(1), USEPA allowed the State to require prior approval of written public information materials.  Rather than require prior Agency approval, the Board chooses to allow the Agency to raise any deficiencies that it may perceive using its existing procedure for review of public education materials.  The Agency outlines its standard practice for review of public information materials:  The Agency provides a comprehensive public education packet to the supplier together with the notice that the supplier exceeds the lead action level.  That packet includes guidance and templates for the supplier to use in preparing and distributing its public education materials.  The supplier must send a copy of the public education materials that it distributes to the Agency, and the Agency reviews the copy of the materials after their distribution to the public.  The Agency directly communicates to the supplier any perceived defects in the materials.  When the Agency perceives minor defects, it will request correction in future distributions of the public education materials.  When the Agency perceives major defects in the materials, it will request a redistribution of corrected public education materials the supplier already distributed.

 

b)         Timing, format, and delivery method of public education materials.

 

1)         For suppliers serving a large proportion of consumers with limited English proficiency, as determined by the Agency, all public education materials required under this section  must contain information in the appropriate language(s) regarding the importance of the materials and either contain information on where such consumers may obtain a translated copy of the public education materials, or assistance in the appropriate language(s) or the materials must be in the appropriate language(s).

 

2)         Each time a CWS supplier exceeds the lead action level based on tap water samples collected in compliance with Section 611.356, the supplier must conduct the public education tasks under this subsection (b)(2) within 60 days after the end of the tap sampling period in which the exceedance occurred:  For CWS suppliers that are on standard monitoring, the end of the tap sampling period is June 30 or December 31.  For CWS suppliers that are required to conduct monitoring annually or less frequently, the end of the tap sampling period is September 30 of the calendar year in which the sampling occurs, or, if the Agency has established an alternate four-month tap sampling period, the last day of that period.

 

A)        The CWS supplier must deliver written materials complying with subsection (a) to each customer receiving a bill and to other service connections to which water is delivered by the CWS supplier.  In the case of multi-family dwellings, the CWS supplier must deliver the written materials to each unit or post the information at a conspicuous location.

 

B)        Methods of delivery for a CWS supplier.

 

i)          The CWS supplier must contact consumers who are most at risk by delivering education materials complying with subsection (a) to local public health agencies, even if those agencies are not located within the supplier's service area, along with an informational notice encouraging distribution to all of the agencies potentially affected customers or the supplier's users.  The supplier must contact the local public health agencies directly by phone, email or in person.  If local public health agencies provide a specific list of additional community-based organizations serving populations at greatest risk from lead exposure (e.g. pregnant people, children), including organizations outside the service area of the supplier, then the supplier must deliver education materials that comply with subsection (a) to all organizations on the provided lists.

 

ii)         The CWS supplier must contact consumers who are most at risk by delivering materials complying with subsection (a) to the following organizations listed in subsections (b)(2)(H)(i) through (b)(2)(H)(vii) that are located within the supplier's service area, along with an informational notice encouraging distribution to all the organization's potentially affected customers or CWS supplier's users.

 

BOARD NOTE:  The Board moved the text of 40 CFR 141.85(b)(2)(ii)(B)(1) through (b)(2)(ii)(B)(7) to appear as subsections (b)(2)(H)(i) through (b)(2)(H)(vii) to comport with allowed indent levels.

 

C)        No less often than quarterly, the CWS supplier must provide information with each water bill as long as the system exceeds the action level for lead.  The message on the water bill must include the verbatim text of the paragraph below, except replacing the text in brackets with supplier-specific information.

 

[INSERT NAME OF SUPPLIER] found elevated levels of lead in drinking water in some homes/buildings.  Lead can cause serious health problems.  For more information please contact [INSERT NAME OF SUPPLIER] [or visit (INSERT SUPPLIER'S WEBSITE HERE)]. 

 

The message or delivery mechanism can be modified in consultation with the Illinois Environmental Protection Agency, Division of Public Water Supply; specifically, the Agency may allow a separate mailing of public education materials to customers if the supplier cannot place the information on water bills.

 

D)        The CWS supplier must post material complying with subsection (a) on the supplier's Website if the CWS supplier serves a population greater than 50,000.  The supplier must retain material on the website for as long as the supplier exceeds the action level.

 

E)        The CWS supplier must submit a press release to media outlets including newspaper, television, and radio stations.  The submitted press release must state the supplier found elevated levels of lead in drinking water in some homes/buildings and meet the content requirements of subsection (a).

 

F)         The CWS supplier must implement at least three activities from one or more of the categories listed in subsections (b)(2)(F)(i) through (b)(2)(F)(x) below.  The supplier must consult with the Agency to determine the educational content and selection of these activities.

 

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.

 

ix)        Contact organizations representing plumbers and contractors to provide information about lead in drinking water, sources of lead, and the importance of using lead free plumbing materials.

 

x)         Other Agency approved methods.

 

G)        This subsection (b)(2)(G) corresponds with 40 CFR 141.85(b)(2)(vii), which USEPA marked "[reserved]".  This statement maintains structural consistency with USEPA's rule.

 

H)        Organizations That the CWS Supplier Must Contact When Required to Do So under Subsection (b)(2)(B)(ii)

 

i)          Schools, childcare facilities, and school boards.

 

ii)         Women, Infants and Children (WIC) and Head Start programs.

 

iii)        Public and private hospitals and medical clinics.

 

vi)        Pediatricians.

 

v)         Family planning clinics.

 

vi)        Local welfare agencies.

 

vii)       Obstetricians-gynecologists and midwives.

 

BOARD NOTE:  This subsection (b)(2)(H) derives from 40 CFR 141.85(b)(2)(ii)(B)(1) through (b)(2)(ii)(B)(7), moved here to comport with allowed indent levels.

 

3)         A CWS supplier that exceeds the lead action level must repeat the activities in subsection (b)(2), until the supplier's system is at or below the lead action level based on tap water samples collected in compliance with Section 611.356.  These repeated activities must be completed within 60 days of the end of each tap sampling period.  A calculated 90^th percentile level at or below the lead action level based on fewer than the minimum number of required samples under Section 611.356 cannot be used to meet the requirements of this subsection (b)(3).

 

4)         Within 60 days after the end of each tap sampling period in which a lead action level exceedance occurs, a NTNCWS supplier must deliver the public education materials specified in subsection (a).

 

A)        The NTNCWS supplier must post informational posters on lead in drinking water in a public place or common area in each of the buildings served by the supplier until the system is at or below the lead action level based on tap water samples collected in compliance with Section 611.356; and the supplier must deliver the public education materials by certain means.

 

B)        The NTNCWS supplier must distribute informational pamphlets and/or brochures on lead in drinking water to each person served by the NTNCWS supplier.  The Agency may allow the supplier to use electronic transmission in lieu of or combined with printed materials as long as the electronic transmission achieves the same coverage.

 

C)        For a NTNCWS suppliers on standard monitoring, the end of the tap sampling period is June 30 or December 31.  For suppliers that must monitor annually or less frequently, the end of the tap sampling period is September 30 of the calendar year in which the sampling occurs, or if the Agency has established an alternate tap sampling period, the last day of that period.

 

5)         A NTNCWS supplier must repeat the tasks in subsection (b)(4) until the supplier's system is at or below the lead action level based on tap water samples collected in compliance with Section 611.356.  These repeated activities must be completed within 60 days of the end of each tap sampling period.  A calculated 90^th percentile level at or below the lead action level based on fewer than the minimum number of required samples under Section 611.356 cannot be used to meet the requirements of this provision.

 

6)         A supplier may discontinue delivery of public education materials if the supplier's system is at or below the lead action level during the most recent six-month tap sampling period conducted under Section 611.356.  Such a supplier must recommence public education in compliance with this Section if the supplier subsequently exceeds the lead action level during any tap sampling period.

 

7)         A supplier may request an extension from the Agency, in writing, to complete the activities in subsection (b)(2)(B) through (F) for CWS suppliers or subsections (b)(4)(A) and (B) for NTNCWS suppliers as follows:

 

A)        The extension must be approved in writing by the Agency before the 60 day deadline; and

 

B)        The Agency may only grant the extension on a case-by-case basis if the supplier has demonstrated that it is not feasible to complete the activities in subsections (b)(2)(B) through (F) for CWS suppliers or subsections (b)(4)(A) and (B) for NTNCWS suppliers;

 

C)        The activities in subsections (b)(2) or (4) must be completed no later than six months after the end of the tap sampling period in which the exceedance occurred.

 

8)         A CWS supplier meeting the criteria of subsections (b)(8)(A) and (b)(8)(B) may apply to the Agency, in writing (unless the Agency has waived the requirement for prior Agency approval), to perform the tasks listed in subsections (b)(4) and (b)(5) in lieu of the tasks in subsections (b)(2) and (b)(3) if:

 

A)        The supplier 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

 

B)        The supplier provides water as part of the cost of services provided and does not separately charge for water consumption.

 

9)         A CWS supplier serving 3,300 or fewer persons may limit certain aspects of their public education programs as follows:

 

A)        With respect to the requirements of subsection (b)(2)(B), a supplier serving 3,300 or fewer persons may limit the distribution of the public education materials required under subsection (b)(2)(B) to facilities and organizations served by the supplier that are most likely to be visited regularly by pregnant people and children.

 

B)        With respect to the requirements of subsection (b)(2)(E), the Agency may waive this requirement for suppliers serving 3,300 or fewer persons as long as the supplier distributes notices to every household served by the system.

 

C)        With respect to the requirements of subsection (b)(2)(F), a supplier serving 3,300 or fewer persons must implement at least one of the activities listed in subsection (b)(2)(F).

 

c)         Supplemental monitoring and notification of results.

 

1)         A supplier that exceeds the lead action level based on tap samples collected in compliance with Section 611.356 must offer to sample for lead in the tap water of any person served by the supplier who requests it.  At sites served by a lead, galvanized requiring replacement, or lead status unknown service line, the samples must capture both water in contact with premise plumbing and water in contact with the service line (e.g., first- and fifth-liter samples).

 

2)         Suppliers must offer to sample for lead in the tap water of any person served by a lead, galvanized requiring replacement, or lead status unknown service line who requests it, regardless of whether the supplier's water system exceeds the lead action level. The samples must capture both water in contact with premise plumbing and water in contact with the service line (e.g., first- and fifth-liter samples).

 

3)         All suppliers must provide a consumer notice of the individual tap results from supplemental tap water monitoring carried out under the requirements of this subsection (c) to the persons served by the supplier at the specific sampling site from which the sample was taken (e.g., the occupants of the building where the tap was sampled).  Suppliers must provide the consumer notice in compliance with the requirements of subsections (d)(2) through (d)(4).

 

d)         Notification of results.

 

1)         Notice requirement.  All suppliers must provide a consumer notice of the individual tap results from any lead and copper tap water monitoring under Section 611.356 to the persons served by the supplier at the specific sampling site from which the sample was taken (e.g., the occupants of the building where the supplier sampled the tap).

 

2)         Timing of Notice.  The supplier must provide the consumer notice as soon as practicable but no later than three business days after the supplier learns of the tap monitoring results.  Notification by mail must be postmarked within three business days of the supplier learning the tap monitoring results.

 

3)         Content of notice. 

 

A)        The consumer notice for lead must include the results of lead tap water monitoring for the tap that was tested, an explanation of the health effects of lead that meets the requirements of subsection (a)(1)(B), information on possible sources of lead in drinking water that meets the requirements of subsection (a)(1)(C)(ii), a list of steps consumers can take to reduce exposure to lead in drinking water that meets the requirements of subsection (a)(1)(D), and contact information for the supplier.  The notice must also provide the maximum contaminant level goal and the action level for lead and the definitions for these two terms from Section 611.883(c).

 

B)        The consumer notice for copper must include the results of copper tap water monitoring for the tap that was tested, an explanation of the health effects of copper as provided in 611.APPENDIX H, a list of steps consumers can take to reduce exposure to copper in drinking water, and contact information for the supplier.  The notice must also provide the maximum contaminant level goal and the action level for copper and the definitions for these two terms from Section 611.883(c).

 

4)         Delivery of Notice.  Suppliers must provide consumer notice to persons served at the tap that was sampled.  The notice must be provided electronically (e.g., email or text message), by phone call or voice message, hand delivery, by mail, or another method approved by the Agency.  For example, upon approval by the Agency, a NTNCWS supplier can post the results in a conspicuous area, such as on a bulletin board, in the facility to allow users to review the information.  Suppliers that choose to deliver the notice to consumers by phone call or voice message must follow up with a written notice to consumers hand delivered or postmarked within 30 days of the supplier learning of the tap monitoring results.  The notices of lead and copper tap sampling results may be combined in one notice. 

 

e)         Notification of service line that is known to or may potentially contain lead.

 

1)         Notification requirements.  All suppliers with lead, galvanized requiring replacement, or lead status unknown service lines in their inventory under Section 611.354(a) and 611.354(b) must provide notification of a service line that is known to or may potentially contain lead to customers and all persons served by the supplier at the service connection with a lead, galvanized requiring replacement, or lead status unknown service line.

 

2)         Timing of notification.  A supplier must provide notification no later than 30 days after completing the baseline inventory required under Section 611.354(a)(2) and repeat the notice no later than 30 days after the deadline for each annual update to the service line inventory under Section 611.360(e)(4) requires until the supplier's entire service connection is no longer a lead, galvanized requiring replacement, or lead status unknown service line.  For notice to new customers, suppliers must provide the notice at the time-of-service initiation.

 

3)         Notice content.

 

A)        Persons served by a supplier with confirmed lead service line or galvanized requiring replacement service line.  The notice must include:

 

i)          A statement that the person's service line is lead or galvanized requiring replacement as applicable.

 

ii)         An explanation of the health effects of lead that meets the requirements of subsection (a)(1)(B).

 

iii)        Steps persons at the service connection can take to reduce exposure to lead in drinking water that meet the requirements of subsection (a)(1)(D).

 

iv)        A statement that the consumer can request to have their tap water sampled in compliance with subsection (c).

 

v)         Include information on how to obtain a copy of the service line replacement plan or view the plan on the internet if the system is required to make the service line replacement plan available online.

 

vi)        Information about opportunities to replace lead and galvanized requiring replacement service lines.  Where the supplier intends for customer payment for a portion of the replacement where it is required or authorized by the Agency or local law or a water tariff agreement, the notice must include information about programs that provide financing solutions to assist property owners with replacement of their portion of a lead or galvanized requiring replacement service line.

 

vii)       A statement that the supplier is required to replace its portion of a lead or galvanized requiring replacement service line when the property owner notifies the supplier that they are replacing their portion of the lead or galvanized requiring replacement service line.

 

viii)      A statement that provides instructions for the customer to notify the supplier if they disagree with the service line material categorization in the inventory.

 

B)        Persons served by a lead status unknown service line.  The notice must include a statement that the person's service line material is unknown but may be lead, the information in subsections (e)(3)(A)(ii) through (v), and information about opportunities to verify the material of the service line.

 

4)         Delivery.  The supplier must provide notice to customers and persons the supplier serves at the service connection with a lead, galvanized requiring replacement, or lead status unknown service line, by mail or using another method approved by the Agency.

 

f)         Notification due to a disturbance to a service line that is known to or may potentially contain lead.

 

1)         Suppliers that cause a disturbance to a lead, galvanized requiring replacement, or lead status unknown service line must provide customers and the persons served by the supplier at the service connection with information about the potential for elevated lead levels in drinking water as a result of the disturbance.  Actions taken by a supplier that cause a disturbance include actions that result in a shut off or bypass of water to an individual service line or a group of service lines (e.g., operating a valve on a service line or meter setter, or reconnecting a service line to the main) or other actions that cause a disturbance to a service line or group of service lines, such as undergoing physical action or vibration, that could result in pipe scale dislodging and associated release of particulate lead.  The provided information must include:

 

A)        Public education materials that meet the content requirements in subsections (a)(1)(B) through (D) and (F) and contact information for the supplier; and

 

B)        Instructions for a flushing procedure to remove particulate lead.

 

2)         If the disturbance of a lead, galvanized requiring replacement, or lead status unknown service line results from the supplier's replacement of an inline water meter, a water meter setter, or connector or from the replacement of a water main where the service line pipe is physically cut, the supplier must provide the persons served by the supplier at the service connection with the information in subsections (f)(1)(A) and (B) and a pitcher filter or point-of-use device certified by an American National Standards Institute accredited certifier to reduce lead, instructions to use the filter, and six months of filter replacement cartridges.

 

3)         Notice.

 

A)        Persons at the service connection.  The supplier must comply with the requirements in this subsection (f) for persons served by the supplier's water system at the service connection before any service line that has been shut off or bypassed is returned to service.  Where there was a disturbance, but service was not shut off or bypassed, the supplier must comply with the requirements in this subsection (f) as soon as possible, but not to exceed 24 hours following the disturbance.

 

B)        Customers.  The supplier must comply with subsection (f)(1) for customers associated with the service connection who are not persons served by the suppliers at the service connection (e.g., a customer who is a property owner and renting their property) no later than 30 days following the disturbance.

 

4)         A supplier that conducts a partial or full replacement of a lead or galvanized requiring replacement service line must follow procedures in compliance with Section 611.354(h).  Partial or full replacement of a lead or galvanized requiring replacement service line is not considered a "disturbance" for purposes of this subsection (f).

 

g)         This subsection (g) corresponds with 40 CFR 141.85(g), which USEPA marked "[reserved]".  This statement maintains structural consistency with USEPA's rule.

 

h)         Outreach activities to encourage participation in full service line replacement.

 

1)         CWS suppliers that do not meet the service line replacement rate calculated across a cumulative period as required under 611.354(d)(5) must conduct at least one outreach activity listed in subsection (h)(2) to discuss their mandatory service line replacement program and opportunities for replacement and to distribute public education materials that meet the content requirements in subsection (a) except subsections (a)(1)(A) and (E).  The supplier must conduct the activity in the year following the program year for which the supplier does not meet their cumulative average replacement rate and annually thereafter until the supplier meets the cumulative average replacement rate or until there are no lead, galvanized requiring replacement, or lead status unknown service lines remaining in the inventory, whichever occurs first.

 

2)         For CWS suppliers serving more than 3,300 persons, the outreach activity must be one of the activities identified in subsections (h)(2)(A) through (D) or the supplier must conduct two activities listed in subsections (h)(2)(E) through (H).  For CWS suppliers serving 3,300 persons or fewer, the outreach activity must be one of the activities identified in subsections (h)(2)(A) through (H).

 

A)        Conduct a public meeting.

 

B)        Participate in a community event to provide information about its service line replacement program.

 

C)        Contact customers by phone call or voice message, text message, email, or door hanger.

 

D)        Use another method approved by the Agency to discuss the service line replacement program and opportunities for lead and galvanized requiring replacement service line replacement.

 

E)        Send certified mail to customers and all persons served by the supplier at the service connection with a lead or galvanized requiring replacement service line to inform them about the supplier's service line replacement program and opportunities for replacement of the service line.

 

F)         Conduct a social media campaign.

 

G)        Conduct outreach via the media including newspaper, television, or radio.

 

H)        Visit targeted customers (e.g., customers in areas with lower service line replacement participation rates) to discuss the service line replacement program and opportunities for replacement of the service line.

 

i)          Public education to local and state health agencies.

 

1)         Supplier distribution system and site assessment results.  All CWS suppliers must inform the Department of Public Health and local health agencies about its Distribution System and Site Assessment activities conducted in compliance with Section 611.352(j), including the location of the tap sample sites that exceeded 0.010 mg/L, the results of the initial tap samples, the results of the follow-up tap samples, the results of water quality parameter monitoring, and any distribution system management actions or corrosion control treatment adjustments the supplier made.

 

2)         Timing and Content.  A CWS supplier must annually send Distribution System and Site Assessment information and copies of the public education materials the supplier provided under subsections (a) and (h) for actions conducted in the previous calendar year no later than July 1 of the following year.

 

3)         Delivery.  The CWS suppliers must send the public education materials and Distribution System and Site Assessment information to the Department of Public Health and local health agencies by mail, email, or by any other method approved by the Agency.

 

j)          Additional requirements for suppliers with multiple lead action level exceedances.

 

1)         A supplier that exceeds the lead action level at least three times in a rolling five-year period, based on tap water samples collected in compliance with Section 611.356 must conduct the activities in this section.  The first rolling five-year period begins on the compliance date in Section 611.350(a)(3).  If a supplier exceeds the lead action level at least three times within a five-year period, the supplier must conduct these actions upon the third action level exceedance even if the rolling five-year period has not elapsed.

 

2)         No later than 60 days after the tap sampling period in which a supplier meets the criteria of subsection (j)(1), a supplier must make available to all consumers pitcher filters or point-of-use devices certified by an American National Standards Institute accredited certifier to reduce lead, six months of replacement cartridges, and instructions to use.  A supplier must continue to make replacement cartridges available until the supplier may discontinue actions in compliance with subsection (j)(6).

 

3)         No later than 60 days after a supplier exceeds the lead action level for the second time in a rolling five-year period, the supplier must submit a filter plan to the Agency.  The Agency must review and approve the filter plan within 60 days.  If the supplier subsequently meets the criteria of subsection (j)(1) again, the supplier is not required to re-submit the filter plan, unless the supplier has made updates to the plan or otherwise requested by the Agency. The plan must include:

 

A)        A description of which methods the supplier will use to make filters and replacement cartridges available in compliance with subsection (j)(2) (e.g., operating distribution facilities, delivering filters when requested by the consumer); and

 

B)        A description of how the supplier will address any barriers to consumers obtaining filters.

 

4)         A supplier that meets the criteria of subsection (j)(1) must conduct a community outreach activity to discuss the multiple lead action level exceedances, steps the supplier is taking to reduce lead in drinking water, measures consumers can take to reduce their risk consistent with the content requirements of subsection (a)(1)(D), and how to obtain a filter certified to reduce lead as required in subsection (j)(2).  This activity is in addition to the public education activities required under subsection (b)(2) for CWS suppliers, and under subsection (b)(4) for NTNCWS suppliers, that exceed the lead action level.  The supplier must conduct at least one activity from subsections (j)(4)(A) through (E) within six months of the start of the tap sampling period after the most recent lead action level exceedance.  The supplier must conduct at least one of the activities in subsections (j)(4)(A) through (E) every six months until the supplier no longer meets the criteria of subsection (j)(1).

 

A)        Conduct a public meeting.

 

B)        Participate in a community event where the supplier can make information about ongoing lead exceedances available to the public.

 

C)        Contact customers by phone call or voice message, text message, email, or door hanger.

 

D)        Conduct a social media campaign.

 

E)        Use another method approved by the Agency.

 

5)         A supplier that is already conducting an outreach activity listed in subsection (j)(4) in order to meet the requirements of subsection (h) may conduct one activity that meets the requirements of subsections (j)(4) and (h), unless otherwise directed by the Agency.

 

6)         A supplier may discontinue the requirements of this subsection (j) when the supplier no longer has at least three lead action level exceedances in a rolling five-year period, based on tap water samples collected in compliance with Section 611.356.  A calculated 90th percentile level at or below the lead action level based on fewer than the minimum number of required samples under Section 611.356 cannot be used to meet the requirements of this subsection (j)(6).  The Agency has the discretion to allow a supplier to discontinue the requirements of this subsection (j) earlier if the supplier has taken actions to reduce lead levels (e.g., re-optimized optimal corrosion control treatment or completed the service line replacement program) and the supplier is at or below the lead action level for two consecutive tap monitoring periods.

 

BOARD NOTE:  This Section derives from 40 CFR 141.85.

 

(Source:  Amended at 50 Ill. Reg. 2531, effective February 17, 2026)