Section 809.546. Public education and supplemental monitoring requirements.

  All water suppliers shall deliver a consumer notice of lead tap water monitoring results to persons served by the public water system at sites that are tested, as specified in sub. (4) . If a public water system that exceeds the lead action level based on tap water samples collected in accordance with s. NR 809.547 , the water supplier shall deliver the public education materials contained in sub. (1) in accordance with the requirements in sub. (2) . Water suppliers for public water systems that exceed the lead action level shall sample the tap water of any customer who requests it in accordance with sub. (3) .

(1)   Content of written public education materials for lead and copper control .

(a) Content for community water systems and non-transient noncommunity water systems . Water suppliers shall include the following elements in printed materials, for example, brochures and pamphlets, in the same order as listed below. In addition, the language in subds. 1. , 2. , and 6. shall be included in the materials, exactly as written, except for the text in brackets in those subdivisions for which the water supplier shall include public water system-specific information. Any additional information presented by a water supplier shall be consistent with the information below and be in plain language that can be understood by the general public. Water suppliers shall submit all written public education materials to the department prior to delivery. The department may require the water supplier to modify the language before the department approves of the content of written public materials prior to delivery.

1. IMPORTANT INFORMATION ABOUT LEAD IN YOUR DRINKING WATER. [INSERT NAME OF public water SYSTEM] found elevated levels of lead in drinking water in some homes or buildings. Lead can cause serious health 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.

2. `Health effects of lead.' Lead can cause serious health problems if too much enters your body from drinking water or other sources. 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, more than healthy adults at lower levels of lead. 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 while in utero, which may affect the child's brain development.

3. `Sources of lead.'

a. Explain what lead is.

b. Explain possible sources of lead in drinking water and how lead enters drinking water. Include information on home and building plumbing materials and service lines that may contain lead.

c. Discuss other important sources of lead exposure in addition to drinking water, for example, paint.

4. `Reducing lead exposure.' 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.

e. Suggest that parents have their child's blood tested for lead.

5. `Reasons for elevated lead levels and water supplier response.' Explain why there are elevated levels of lead in the public water system's drinking water, if known, and what the water supplier is doing to reduce the lead levels in homes and buildings in this area.

6. 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 or building and the health effects of lead, visit EPA's Web site at http://www.epa.gov/lead or contact your health care provider.

(b) Additional content for community water systems . In addition to including the elements specified in par. (a) , water suppliers for community water systems shall:

1. Tell consumers how to get their water tested.

2. Discuss lead in plumbing components and the difference between low lead and lead free.

(2)   Delivery of public education materials .

(a) Multilingual public education materials. For public water systems serving a large proportion of non-English speaking consumers, as determined by the department, the public education materials shall contain information in the appropriate language or languages regarding the importance of the notice or shall contain a telephone number or address where persons served may contact the water supplier to obtain a translated copy of the public education materials or to request assistance in the appropriate language.

(b) Community water system public education tasks. A water supplier for a community water system that exceeds the lead action level on the basis of tap water samples collected in accordance with s. NR 809.547 and that is not already conducting public education tasks under this section, shall conduct all of the following public education tasks no later than 60 days after the end of the monitoring period in which the exceedance occurred:

1. Deliver printed materials meeting the content requirements of sub. (1) to all bill-paying customers.

2. Contact customers who are most at risk by:

a. Delivering education materials that meet the content requirements of sub. (1) to local public health agencies even if they are not located within the public 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 water supplier 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 public water system. If such lists are provided, water suppliers shall deliver education materials that meet the content requirements of sub. (1) to all organizations on the provided lists.

b. Delivering materials that meet the content requirements of sub. (1) to organizations that are located within the public water system's service area such as public and private schools or school boards, Women, Infants and Children (WIC) and Head Start programs, public and private hospitals and medical clinics, pediatricians, family planning clinics, and local welfare agencies along with an informational notice that encourages distribution to all the organization's potentially affected customers or community water system's users.

c. Making a good faith effort to locate licensed childcare centers, public and private preschools, obstetricians-gynecologists and midwives within the service area and deliver materials that meet the content requirements of sub. (1) 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 public water system's service area.

3. Provide information with the water bills. No less often than quarterly, water suppliers shall provide information on or in each water bill as long as the public water system 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 supplier shall include public water system-specific information: [INSERT NAME OF PUBLIC 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 PUBLIC WATER SYSTEM] [or visit (INSERT YOUR WEB SITE HERE)]. The message or delivery mechanism may be modified in consultation with the department to allow a separate mailing of public education materials to customers if the water supplier cannot place the information on water bills.

4. Post material meeting the content requirements of sub. (1) on the public water system's Web site if the public water system serves a population greater than 100,000.

5. Submit a press release to newspaper, television and radio stations.

6. Conduct additional education activities. In addition to subd. 2. b. , water suppliers shall implement at least three activities from one or more categories listed in this subdivision. 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. Public meetings.

f. Household deliveries.

g. Targeted individual customer contact.

h. Direct material distribution to all multi-family homes and institutions.

i. Other methods approved by the department.

7. For public water 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 department has established an alternate monitoring period, the last day of that period.

(c) Requirements for continuing community water system exceedances . As long as a community water system exceeds the action level, the water supplier shall repeat the activities pursuant to par. (b) as described in this paragraph.

1. A water supplier for a community water system shall repeat the tasks contained in par. (b) 1. , 2. , and 6. every 12 months.

2. A water supplier for a community water system shall repeat the tasks contained in par. (b) 3. with each billing cycle.

3. A water supplier for a community water system serving a population greater than 100,000 shall post and retain material on a publicly accessible Web site pursuant to par. (b) 4.

4. A water supplier for a community water system shall repeat the task in par. (b) 5. , twice every 12 months on a schedule agreed upon with the department. The department may allow activities in par. (b) to extend beyond the 60-day requirement if needed for implementation purposes on a case-by-case basis. However, this extension must be approved in writing by the department in advance of the 60-day deadline.

(d) Non-transient non-community water system public education tasks. No later than 60 days after the end of the monitoring period in which the exceedance occurred, unless it already is repeating public education tasks pursuant to par. (e) , the water supplier for a non-transient non-community water system shall deliver the public education materials specified in sub. (1) , by posting informational posters regarding lead in drinking water in a public place or common area in each of the buildings served by the public water system; and distributing informational pamphlets or brochures, or both, regarding lead in drinking water to each person served by the non-transient non-community water system. The department may allow the water supplier to utilize electronic transmission in lieu of, or combined with, printed materials as long as the same coverage is achieved. For public water systems that are required to be monitored 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) Requirements for continuing non-transient non-community water system exceedances . A water supplier for a non-transient non-community water system shall repeat the tasks contained in par. (d) at least once during each calendar year in which the public water system exceeds the lead action level. The department may, on a case-by-case basis, allow activities in par. (d) to extend beyond the 60-day requirement if needed for implementation purposes. However, this extension is required to be approved in writing by the department in advance of the 60-day deadline.

(f) Requirements for discontinuing public education materials. A water supplier may discontinue delivery of public education materials if the public water system has met the lead action level during the most recent six-month monitoring period conducted pursuant to s. NR 809.547 . The water supplier shall recommence public education in accordance with this section if the public water system subsequently exceeds the lead action level during any monitoring period.

(g) Community water system text waiver. A water supplier for a community water system may apply to the department in writing unless the department has waived the requirement for prior approval, to use only the text specified in sub. (1) (a) in lieu of the text in sub. (1) (a) and (b) and to perform the tasks listed in pars. (d) and (e) in lieu of the tasks in pars. (b) and (c) if all of the following are met:

1. The public water 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.

2. The public water system provides water as part of the cost of services provided and does not separately charge for water consumption.

(h) Reduction in public education requirements for public water systems serving 3300 or fewer people. A water supplier for a community water system serving 3,300 or fewer people may limit certain aspects of the public education programs as follows:

1. With respect to the requirements of par. (b) 6. , a water supplier for a public water system serving 3,300 or fewer shall implement at least one of the activities listed in that paragraph.

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

3. With respect to the requirements of par. (b) 5. , the department may waive this requirement for public water systems serving 3,300 or fewer persons as long as the water supplier distributes notices to every household served by the public water system.

(3)   Supplemental monitoring for lead . A water supplier for a public water system that fails to meet the lead action level on the basis of tap samples collected in accordance with s. NR 809.547 shall offer to sample the tap water of any customer who requests it. The water supplier is not required to pay for collecting or analyzing the sample, nor is the water supplier required to collect and analyze the sample.

(4)   Notification of tap sample results .

(a) Reporting requirement. All water suppliers for public water systems shall provide a notice of the individual tap results from lead tap water monitoring carried out under the requirements of s. NR 809.547 to the persons served by the public water system at the specific sampling site from which the sample was taken, for example, the occupants of the residence where the tap was tested.

(b) Timing of notification . A water supplier shall provide the consumer notice as soon as practical, but no later than 30 days after the water supplier learns of the tap monitoring results.

(c) Content . The consumer notice shall include the results of lead tap water monitoring for the tap that was tested, an explanation of the health effects of lead, steps consumers can take to reduce exposure to lead in drinking water and contact information for the water utility. The notice shall also provide the maximum contaminant level goal and the action level for lead and the definitions for these two terms from s. NR 809.833 (2) .

(d) Delivery. 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 noncommunity water system could post the results on a bulletin board in the facility to allow users to review the information. The water supplier shall provide the notice to customers at sample taps tested, including consumers who do not receive water bills.

CR 09-073 : cr. Register November 2010 No. 659 , eff. 12-1-10; correction in (intro.) made under s. 13.92 (4) (b) 7. , Stats., Register November 2010 No. 659 ; CR 15-049 : am. (intro.), (1) (a) 1., (2) (b) 1., 2., (c) 1., (d) Register March 2016 No. 723 , eff. 4-1-16.