Current through Register Vol. 48, No. 38, September 20, 2024
a)
Each CWS must provide to its customers an annual report containing the
information this Section and Section
611.884 specify.
b) Information on the Source of the Water the
Supplier Delivers
1) Each report must identify
the sources of the water the CWS delivers providing certain information:
A) The type of the water (i.e., surface
water, groundwater, or groundwater under the direct influence of surface
water); and
B) The commonly used
name (if any) and location of the source body (or bodies) of water.
2) If the supplier has a complete
source water assessment, the report must notify consumers of the availability
of this assessment and how to obtain it. In addition, the supplier should
highlight in the report significant sources of contamination in the source
water area if the supplier readily has that information. If the supplier
received the source water assessment from the Agency, the report must include a
brief summary of the system's susceptibility to potential sources of
contamination, using language the Agency provides or as the supplier
writes.
c) Definitions
1) Each report must include two definitions:
A) Maximum Contaminant Level Goal or MCLG:
The level of a contaminant in drinking water below which USEPA determines no
known or expected risk to health exists. MCLGs allow for a margin of safety.
BOARD NOTE: Although an MCLG is not an NPDWR that the Board
must include in the Illinois SDWA regulations, USEPA mandates using this
definition.
B) Maximum
Contaminant Level or MCL: The highest level of a contaminant that USEPA allows
in drinking water. USEPA sets MCLs as close to the MCLGs as feasible using the
best available treatment technology.
2) A CWS operating under relief from an NPDWR
issued under Section 611.111,
611.112,
611.130, or
611.131 must include the
following definition in its report: "Variances, Adjusted Standards, and
Site-specific Rules: State permission not to meet an MCL or a treatment
technique under certain conditions."
3) A report containing data on contaminants
that USEPA regulates using any of certain terms must include the applicable
definitions:
A) Treatment technique: A
required process for reducing the concentration of a contaminant in drinking
water.
B) Action level: The
concentration of a contaminant above which a supplier must follow treatment or
other requirements.
C) Maximum
residual disinfectant level goal or MRDLG: The concentration of a drinking
water disinfectant below which there is no known or expected risk to health.
MRDLGs do not reflect the benefits of using disinfectants to control microbial
contaminants.
BOARD NOTE: Although an MRDLG is not an NPDWR that the Board
must include in the Illinois SDWA regulations, USEPA mandates using this
definition if the report uses the term "MRDLG".
D) Maximum residual disinfectant level or
MRDL: The highest concentration of a disinfectant USEPA allows in drinking
water. There is convincing evidence that adding a disinfectant is necessary to
control microbial contaminants.
4) A report containing information about a
Level 1 or Level 2 assessment under Subpart AA requires must include the
applicable definition:
A) "Level 1 assessment:
A Level 1 assessment is a study of the water system to identify potential
problems and determine (if possible) why total coliform bacteria have been
found in our water system."
B)
"Level 2 assessment: A Level 2 assessment is a very detailed study of the water
system to identify potential problems and determine (if possible) why an E.
coli MCL violation occurred or why monitoring found total coliform bacteria in
our water system on multiple occasions."
d) Information on Detected Contaminants
1) This subsection (d) specifies the
information a supplier must include in each report for contaminants subject to
mandatory monitoring (except Cryptosporidium):
A) Contaminants subject to an MCL, action
level, MRDL, or treatment technique (regulated contaminants); and
B) Contaminants for which monitoring is
required by USEPA under 40
CFR 141.40 (unregulated
contaminants).
2) The
report must display these contaminants in one table or in several adjacent
tables. The CWS must separately display any additional monitoring results it
chooses to include in its report.
3) The supplier must derive the data in the
report from data it collected to comply with monitoring and analytical
requirements during each calendar year. If the Agency allows a supplier to
monitor for regulated contaminants less frequently than annually, the tables
must include the date and results of the most recent sampling, and the report
must include a brief statement indicating that the data in the report is from
the most recent testing done under the regulations. The supplier must not
include data older than five years.
4) For each detected regulated contaminant
(listed in Appendix A), the tables must contain specific information:
A) The MCL for the contaminant expressed as a
number equal to or greater than
1.0 (as Appendix A
provides);
B) The federal Maximum
Contaminant Level Goal (MCLG) for that contaminant expressed in the same units
as the MCL;
C) If there is no MCL
for a detected contaminant, the table must indicate that there is a treatment
technique or specify the action level for the contaminant, and the report must
include the applicable of the definitions for treatment technique or action
level that subsection (c)(3) specifies;
D) For contaminants subject to an MCL, except
turbidity, total coliforms, fecal coliforms, and E. coli, the highest
contaminant level the supplier used to determine compliance with the applicable
NPDWR and the range of detected levels:
i)
When the supplier determines compliance with the MCL annually or less
frequently: the highest detected level at any sampling point and the range of
detected levels expressed in the same units as the MCL.
ii) When the supplier determines compliance
with the MCL by calculating a running annual average of all samples taken at a
monitoring location: the highest average of all monitoring locations and the
range of all monitoring locations expressed in the same units as the MCL. For
TTHM and HAA5 MCLs in Section
611.312(b), the
supplier must include the highest locational running annual average for TTHM
and HAA5 and the range of individual sample results for all monitoring
locations expressed in the same units as the MCL. If results from more than one
location exceed the TTHM or HAA5 MCL, the supplier must include the locational
running annual average for each location having results exceeding the
MCL.
iii) When the supplier
determines compliance with the MCL on a system-wide basis by calculating a
running annual average of all samples at all monitoring locations: the average
and range of detected concentrations expressed in the same units as the MCL.
The supplier must include individual sample results for the IDSE the supplier
conducted under Subpart W when determining the range of TTHM and HAA5 results
to report in its annual consumer confidence report for the calendar year when
the supplier took the IDSE samples;
BOARD NOTE: If a rule allows rounding results to determine
compliance with an MCL, the supplier should round before multiplying the
results by the applicable factor in Appendix A.
E) For turbidity:
i) Corresponding
40 CFR
141.153(d)(4)(v)(A) relates
to an MCL for turbidity applicable to unfiltered systems, which do not exist in
Illinois. This statement maintains structural consistency with the federal
rules.
ii) If the supplier reports
under Section 611.211(b): the
highest monthly value. The report must explain the reasons for measuring
turbidity.
iii) If the supplier
reports under Section
611.250,
611.743, or
611.955(b): the
highest single measurement and the lowest monthly percentage of samples meeting
the turbidity limits Section 611.250, 611.743, or 611.955(b) specifies for the
filtration technology the supplier uses. The report must explain the reasons
for measuring turbidity;
F) For lead and copper: the
90th percentile concentration of the most recent
rounds of sampling, the number of sampling sites exceeding the action level,
and the range of tap sampling results;
G) This subsection (d)(4)(G) corresponds with
40 CFR
141.153(d)(4)(vii), which
has no operative effect after a past implementation date. This statement
maintains structural consistency with the federal regulations;
H) This subsection (d)(4)(H) corresponds with
40 CFR
141.153(d)(4) (viii), a
now-obsolete implementing provision. This statement maintains structural
consistency with the federal regulations;
I) The likely sources of detected
contaminants to the best of the supplier's knowledge. Specific information
regarding contaminants may be available in sanitary surveys and source water
assessments and must be used when available to the supplier. If the supplier
lacks specific information on the likely source, the report must include one or
more of the typical sources for that contaminant listed in Appendix G that are
most applicable to the CWS;
J) For
E. coli analytical results under Subpart AA, the total number of positive
samples;
K) The report must state
that the supplier inventoried its service lines (including if only a statement
that the supplier serves no lead service lines) and instruct how to access the
service line inventory; and
L) The
report must notify consumers that complete lead tap sampling data are available
for review and must inform how to access the data.
5) If a CWS distributes water to its
customers from multiple hydraulically independent distribution systems fed by
different raw water sources, the table must contain a separate column for each
service area, and the report must identify each separate distribution system.
Alternatively, a CWS may produce separate reports tailored to include data for
each service area.
6) The tables
must clearly identify any data indicating violations of MCLs, MRDLs, or
treatment techniques, and the report must contain a clear and readily
understandable explanation of the violation, including specific information:
the length of the violation, the potential adverse health effects, and actions
the CWS took to address the violation. To describe the potential health
effects, the CWS must use the relevant language from Appendix A.
7) For detected unregulated contaminants for
which USEPA requires monitoring under
40 CFR
141.40 (except Cryptosporidium), the tables
must contain the average and range at which the supplier detected the
contaminant. The report may briefly explain the reasons for monitoring for
unregulated contaminants.
e) Information on Cryptosporidium, radon, and
other contaminants:
1) If the CWS monitored
for Cryptosporidium, including monitoring under Subpart L, and the monitoring
indicates the possible presence of Cryptosporidium in the supplier's source
water or finished water, the report must include specific information:
A) It must summarize the monitoring results;
and
B) It must explain the results'
significance.
2) If the
CWS monitored for radon, and the monitoring indicates the possible presence of
radon in the supplier's finished water, the report must include specific
information:
A) The monitoring results;
and
B) It must explain the results'
significance.
3) If the
CWS conducted additional monitoring indicating the presence of other
contaminants in the supplier's finished water, the report must include specific
information:
A) The monitoring results;
and
B) It must explain the results'
significance noting any pertinent health advisory or proposed
regulation.
f) Complying with an NPDWR. In addition to
the information subsection (d)(6) requires, the report must note any of
specific violations in subsections (f)(1) through (f)(7) occurring during the
year the report covers and include a clear and readily understandable
explanation of the violation, any potential adverse health effects, and the
steps the CWS took to correct the violation.
1) Monitoring and reporting compliance
data.
2) Filtration and
Disinfection Under Subpart B. For a CWS failing to install adequate filtration
or disinfection equipment or processes or having filtration or disinfection
equipment or processes fail, causing a violation, the report must include
specific language to explain potential adverse health effects: "Inadequately
treated water may contain disease-causing organisms. These organisms include
bacteria, viruses, and parasites that can cause symptoms such as nausea,
cramps, diarrhea, and associated headaches."
3) Lead and Copper Control Requirements Under
Subpart G. For a supplier failing to take one or more actions under Section
611.350(d),
611.351,
611.352,
611.353, or
611.354, the report must include
the applicable language from Appendix A for lead, copper, or both.
4) Treatment Techniques for Acrylamide and
Epichlorohydrin Under Section
611.296. For a supplier
violating Section 611.296, the report must include the applicable language from
Appendix A.
5) A supplier failing
to maintain required compliance data records.
6) A supplier not complying with special
monitoring requirements under Section
611.630.
7) A supplier violating the terms of a
variance, adjusted standard, site-specific rule, or administrative or judicial
order.
g) Variances,
Adjusted Standards, and Site-Specific Rules. If a supplier operates under the
terms of a variance, adjusted standard, or site-specific rule the Board issued
under Section 611.111, 611.112, or 611.131, the report must contain certain
information:
1) It must explain the reasons
for the variance, adjusted standard, or site-specific rule;
2) It must state when the Board issued the
variance, adjusted standard, or site-specific rule;
3) It must include a brief status report on
the steps the CWS is taking to install treatment, find alternative sources of
water, or otherwise comply with the terms and schedules of the variance,
adjusted standard, or site-specific rule; and
4) It must include a notice of any
opportunity for public input in any review or renewal of the variance, adjusted
standard, or site-specific rule.
h) Additional Information
1) The report must briefly explain about
contaminants that one may reasonably expect to find in drinking water,
including bottled water. This may include the language from subsections
(h)(1)(A) through (h)(1)(C), or the CWS may use its own comparable language.
The report also must include the language from subsection (h)(1)(D).
A) The sources of drinking water (both tap
water and bottled water) include rivers, lakes, streams, ponds, reservoirs,
springs, and wells. As water travels over the surface of the land or through
the ground, it dissolves naturally-occurring minerals and, in some cases,
radioactive material. The water can also pick up substances resulting from the
presence of animals or from human activity.
B) Source water may include any of several
contaminants:
i) Microbial contaminants, such
as viruses and bacteria, which may come from sewage treatment plants, septic
systems, agricultural livestock operations, and wildlife;
ii) Inorganic contaminants, such as salts and
metals, which can be naturally-occurring or result from urban stormwater
runoff, industrial or domestic wastewater discharges, oil and gas production,
mining, or farming;
iii) Pesticides
and herbicides, which may come from a variety of sources such as agriculture,
urban stormwater runoff, or residential uses;
iv) Organic chemical contaminants, including
synthetic and volatile organic chemicals, which are products and byproducts of
industrial processes and petroleum production and which can also come from gas
stations, urban stormwater runoff, or septic systems; and
v) Radioactive contaminants, which can be
naturally-occurring or the result of oil and gas production and mining
activities.
C) In order
to ensure that tap water is safe to drink, USEPA prescribes regulations that
limit the amount of certain contaminants in water PWSs provide. United States
Food and Drug Administration (USFDA) regulations establish limits for
contaminants in bottled water that must provide the same protection for public
health.
D) One may reasonably
expect drinking water, including bottled water, to contain at least small
amounts of some contaminants. The presence of contaminants does not necessarily
indicate that water poses a health risk. More information about contaminants
and potential health effects is available from the USEPA Safe Drinking Water
Hotline (800-426-4791) or USEPA's Safe Drinking Water Information webpage
(
www.epa.gov/ground-water-and-drinking-water/safe-drinking-water-information).
2) The report must include a
telephone number for the CWS's owner, operator, or designee as a source of
additional information about the report.
3) In communities with a large proportion of
non-English speaking residents, as the Agency determines, the report must
contain information in the appropriate languages regarding the importance of
the report or contain a telephone number or address where residents may contact
the supplier for a translated copy of the report or assistance in the
appropriate language.
4) The report
must inform about opportunities for public participation in decisions
potentially affecting water quality.
5) The CWS may include any additional
information it deems necessary for public education that is consistent with and
does not detract from the purpose of the report.
6) Suppliers That Must Comply with Subpart S
A) Any GWS supplier receiving written notice
from the Agency of a significant deficiency must inform its customers of any
significant deficiency still uncorrected at the time of the next report. Any
GWS supplier receiving notice from a laboratory of a fecal indicator-positive
groundwater source sample that the Agency does not invalidate under Section
611.802(d) must
inform its customers of the fecal indicator-positive groundwater source sample
in the next report. The supplier must continue to annually inform the public
until the Agency issues a SEP determining the supplier corrected the particular
significant deficiency or addressed the fecal contamination in the groundwater
source under Section 611.803(a).
Each report must include specific information:
i) The nature of the particular significant
deficiency or the source of the fecal contamination (if the supplier knows the
source) and the date the Agency identified the significant deficiency or the
dates of the fecal indicator-positive groundwater source samples;
ii) Whether or not the supplier has addressed
the fecal contamination in the groundwater source under Section
611.803(a) and
the date the supplier did so;
iii)
For each significant deficiency or fecal contamination in the groundwater
source that the supplier has not addressed under Section
611.803(a), the
Agency-approved plan and schedule for correction, including interim measures,
progress to date, and any interim measures the supplier completed;
and
iv) If the supplier receives
notice of a fecal indicator-positive groundwater source sample that the Agency
does not invalidate under Section
611.802(d), the
potential health effects using the pertinent health effects language from
Appendix A.
B) If the
Agency issues a SEP directing a supplier to do so, a supplier with significant
deficiencies that the supplier corrected before issuing the next report must
inform its customers under subsection (h)(7)(A)(iv) of the significant
deficiency, how the supplier corrected the deficiency, and the date the
supplier corrected the deficiency.
7) Suppliers That Must Comply with Subpart AA
A) Any supplier that must comply with the
Level 1 assessment requirement or a Level 2 assessment requirement that is not
due to an E. coli MCL violation must include in the report the text found in
subsections (h)(7)(A)(i) and (h)(7)(A)(ii) or (h)(7)(A)(i) and (h)(7)(A)(iii),
as appropriate, filling in the blanks accordingly and the text found in
subsection (h)(7)(A)(iv), if appropriate.
i)
"Coliforms are bacteria that are naturally present in the environment and are
used as an indicator that other, potentially harmful, waterborne pathogens may
be present or that a potential pathway exists through which contamination may
enter the drinking water distribution system. We found coliforms indicating the
need to look for potential problems in water treatment or distribution. When
this occurs, we are required to conduct assessment(s) to identify problems and
to correct any problems that were found during these assessments."
ii) "During the past year we were required to
conduct [insert number of Level 1 assessments] Level 1 assessment(s). [insert
number of Level 1 assessments] Level 1 assessment(s) were completed. In
addition, we were required to take [insert number of corrective actions]
corrective actions and we completed [insert number of corrective actions] of
these actions."
iii) "During the
past year [insert number of Level 2 assessments] Level 2 assessments were
required to be completed for our water system. [insert number of Level 2
assessments] Level 2 assessments were completed. In addition, we were required
to take [insert number of corrective actions] corrective actions and we
completed [insert number of corrective actions] of these actions."
iv) Any supplier that has failed to complete
all the required assessments or correct all identified sanitary defects, is in
violation of the treatment technique requirement and must also include one or
both of the following statements, as appropriate: "During the past year we
failed to conduct all of the required assessment(s)." or "During the past year
we failed to correct all identified defects that were found during the
assessment."
B) Any
supplier that must conduct a Level 2 assessment due to an E. coli MCL violation
must include in the report the text found in subsections (h)(7)(B)(i) and
(h)(7)(B)(ii), filling in the blanks accordingly and the appropriate
alternative text found in subsection (h)(7)(B)(ii), if appropriate.
i) "E. coli are bacteria whose presence
indicates that the water may be contaminated with human or animal wastes. Human
pathogens in these wastes can cause short-term effects, such as diarrhea,
cramps, nausea, headaches, or other symptoms. They may pose a greater health
risk for infants, young children, the elderly, and people with severely
compromised immune systems. We found E. coli bacteria,
indicating the need to look for potential problems in water treatment or
distribution. When this occurs, we are required to conduct assessment(s) to
identify problems and to correct any problems that were found during these
assessments."
ii) "We were required
to complete a Level 2 assessment because we found E. coli in our water system.
In addition, we were required to take [insert number of corrective actions]
corrective actions and we completed [insert number of corrective actions] of
these actions."
iii) Any supplier
that has failed to complete the required assessment or correct all identified
sanitary defects, is in violation of the treatment technique requirement and
must also include one or both of the following statements, as appropriate: "We
failed to conduct the required assessment." or "We failed to correct all
sanitary defects that were identified during the assessment that we
conducted."
C) If a
supplier detects E. coli and has violated the E. coli MCL
, in
addition to completing the table, as subsection (d)(4) requires, the supplier
must include one or more of specific statements best describing the
noncompliance:
i) "We had an E. coli-positive
repeat sample following a total coliform-positive routine sample."
ii) "We had a total coliform-positive repeat
sample following an E. coli-positive routine sample."
iii) "We failed to take all required repeat
samples following an E. coli-positive routine sample."
iv) "We failed to test for E. coli when any
repeat sample tested positive for total coliform."
D) If a supplier detects E. coli but does not
violated the E. coli MCL, in addition to completing the table
as subsection (d)(4) requires, the supplier may include a statement explaining
that although the supplier detected E. coli, it did not
violate the E. coli MCL.
BOARD NOTE: This Section derives from
40 CFR
141.153.