Indiana Administrative Code
Title 327 - WATER POLLUTION CONTROL DIVISION
Article 8 - PUBLIC WATER SUPPLY
Rule 2.1 - Consumer Confidence Reports
Section 2.1-3 - Content of the reports

Universal Citation: 327 IN Admin Code 2.1-3

Current through September 18, 2024

Authority: IC 13-13-5; IC 13-14-8; IC 13-18- 3; IC 13-18-16-8; IC 13-18-16-9

Affected: IC 13-18-2; IC 13-18-16

Sec. 3.

(a) A CWS shall provide to its customers an annual report that contains the information specified in this section and section 4 of this rule.

(b) The report required under subsection (a) must contain information on the source of the water delivered, including the following:

(1) The source or sources of water delivered by the CWS by including information on the following:
(A) The type of water, such as surface water or ground water.

(B) The commonly used name, if any.

(C) The location of the body or bodies of water.

(2) If a source water assessment has been completed, the report must notify the consumers of the:
(A) availability of this information; and

(B) means to obtain it.

In addition, a CWS is encouraged to highlight in the report significant sources of contamination in the source water area if they have readily available information.

(3) If a CWS has received a source water assessment from the commissioner, the report must include a brief summary of the CWS's susceptibility to potential sources of contamination, using language:
(A) provided; or

(B) written by the operator and approved; by the commissioner.

(c) The report required under subsection (a) must include the following definitions:

(1) "Maximum contaminant level" or "MCL" means the highest level of a contaminant that is allowed in drinking water. MCLs are set as close to the MCLGs as feasible using the best available treatment technology.

(2) "Maximum contaminant level goal" or "MCLG" means the level of a contaminant in drinking water below which there is no known or expected risk to health. MCLGs allow for a margin of safety.

(3) For a report that contains information regarding a level 1 or level 2 assessment required under 40 CFR 141, Subpart Y*, the report must include the following applicable definitions:
(A) "Level 1 assessment" means 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" means a very detailed study of the water system to identify potential problems and determine, if possible, why either or both of the following has occurred:
(i) An E. coli MCL violation.

(ii) Total coliform bacteria have been found in our water system on multiple occasions.

(d) The report required under subsection (a) that contains data on contaminants that the department or U.S. EPA regulates and uses any of the following terms must include definitions, as applicable, of the terms used:

(1) "Action level" means the concentration of a contaminant that, if exceeded, triggers treatment or other requirements that a water system must follow.

(2) "Maximum residual disinfectant level" or "MRDL" means the highest level of a disinfectant allowed in drinking water. There is convincing evidence that addition of a disinfectant is necessary for control of microbial contaminants.

(3) "Maximum residual disinfectant level goal" or "MRDLG" means the level of a drinking water disinfectant below which there is no known or expected risk to health. MRDLG does not reflect the benefits of the use of disinfectants to control microbial contaminants.

(4) "Treatment technique" means a required process intended to reduce the level of a contaminant in drinking water.

(e) The report required under subsection (a) must include the information specified in this subsection for the following contaminants subject to mandatory monitoring, other than Cryptosporidium:

(1) Contaminants subject to an MCL, action level, or treatment technique, hereafter referred to as regulated contaminants.

(2) Disinfection byproducts or microbial contaminants for which monitoring is required by 40 CFR 141.142 * and 40 CFR 141.143 *, except as provided in subsection (f)(1) and that are detected in the finished water.

(3) Contaminants for which monitoring is required by 40 CFR 141.40 * (unregulated contaminants).

(4) The data relating to these contaminants must be displayed in one (1) table or in several adjacent tables. Any additional monitoring results that a CWS chooses to include in its report must be displayed separately.

(5) The data must be derived from data collected to comply with U.S. EPA and department monitoring and analytical requirements during calendar year 1998 for the first report and subsequent calendar years thereafter, except the following:
(A) Where a CWS is allowed to monitor for regulated contaminants less often than once a year, the:
(i) table or tables must include the date and results of the most recent sampling; and

(ii) report must include a brief statement indicating that the data presented in the report are from the most recent testing done in accordance with 327 IAC 8-2, 327 IAC 8-2.3, 327 IAC 8-2.5, 327 IAC 8-2.6, and 40 CFR 141. No data older than five (5) years need be included.

(B) Results of monitoring in compliance with 40 CFR 141.142 * and 40 CFR 141.143 * need only be included:
(i) for five (5) years from the date of the last sample; or

(ii) until any of the detected contaminants becomes regulated and subject to routine monitoring requirements; whichever comes first.

(6) For detected regulated contaminants listed in section 6(a) of this rule, the table or tables must contain the following information:
(A) The MCL for that contaminant expressed as a number equal to or greater than one and zero-tenths (1.0), as listed in section 6(a) of this rule.

(B) The MCLG for that contaminant expressed in the same units as the MCL.

(C) If there is no MCL for a detected contaminant, the:
(i) table must indicate that there is a treatment technique, or specify the action level, applicable to that contaminant; and

(ii) report must include the definitions for the treatment technique or action level, or both, as appropriate, specified in subsection (d).

(D) For contaminants subject to an MCL, except turbidity, total coliform, fecal coliform, and E. coli, the highest contaminant level used to determine compliance with this rule and the range of detected levels as follows:
(i) When compliance with the MCL is determined 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 compliance with the MCL is determined by calculating a running annual average of all samples taken at a monitoring location, a CWS shall report the following:
(AA) The highest average of any of the monitoring locations and the range of all monitoring locations expressed in the same units as the MCL.

(BB) For the MCLs for TTHM and HAA5 in 327 IAC 8-2.5-2(b), a CWS shall include the highest LRAA for TTHM and HAA5 and the range of individual sample results for all monitoring locations expressed in the same units as the MCL. If more than one (1) location exceeds the TTHM or HAA5 MCL, the CWS shall include the LRAAs for all locations that exceed the MCL.

(iii) When compliance with the MCL is determined on a system-wide basis by calculating a running annual average of all samples at all monitoring locations, a CWS shall report the following:
(AA) The average and range of detection expressed in the same units as the MCL.

(BB) Individual sample results for the initial distribution system evaluation (IDSE) conducted under 327 IAC 8-2.5-10 when determining the range of TTHM and HAA5 results to be reported in the annual consumer confidence report for the calendar year that the IDSE samples were taken.

(E) When turbidity is reported under 327 IAC 8-2-8.5 or 327 IAC 8-2.6-3, the highest single measurement and the lowest monthly percentage of samples meeting the turbidity limits specified in 327 IAC 8-2-8.5 or 327 IAC 8-2.6-3 for the filtration technology being used. The report must include an explanation of the reasons for measuring turbidity.

(F) For lead and copper, the:
(i) ninetieth percentile value of the most recent round of sampling; and

(ii) number of sampling sites exceeding the action level.

(G) For total coliform analytical results until March 31, 2016, the highest monthly:
(i) number of positive samples for a CWS collecting fewer than forty (40) samples per month; or

(ii) percentage of positive samples for a CWS collecting at least forty (40) samples per month.

(H) For fecal coliform and E. coli until March 31, 2016, the total number of positive samples.

(I) For E. coli analytical results under 40 CFR 141, Subpart Y*, the total number of positive samples.

(J) The likely source or sources of detected contaminants to the best of the operator's knowledge. Specific information regarding contaminants:
(i) may be available in sanitary surveys and source water assessments; and

(ii) must be used when available to the operator.

If the operator lacks specific information on the likely source, the report must include one (1) or more of the typical sources for that contaminant listed in section 6(b) of this rule that are most applicable to the CWS.

(7) If a CWS distributes water to its customers from multiple hydraulically independent distribution systems that are fed by different raw water sources:
(A) the table must contain a separate column for each service area, and the report must identify each separate distribution system; or

(B) the CWS may produce separate reports tailored to include data for each service area.

(8) The table must clearly identify any data indicating violations of MCLs or treatment techniques, and the report must contain a clear and readily understandable explanation of the violation, including the following:
(A) The length of the violation.

(B) The potential adverse health effects.

(C) Actions taken by the CWS to address the violation.

To describe the potential health effects, the CWS shall use the relevant language of section 6(c) of this rule.

(9) For detected unregulated contaminants for which monitoring is required (except Cryptosporidium), the table must contain the average and range at which the contaminant was detected. The report may include a brief explanation of the reasons for monitoring for unregulated contaminants.

(f) Each report required under subsection (a) must contain the following information on Cryptosporidium, radon, and other contaminants:

(1) If the CWS has performed any monitoring for Cryptosporidium, including monitoring performed to satisfy the requirements of 40 CFR 141.143 *, that indicates Cryptosporidium may be present in the source water or the finished water, the report must include the following:
(A) A summary of the results of the monitoring.

(B) An explanation of the significance of the results.

(2) If the CWS has performed any monitoring for radon that indicates radon may be present in the finished water, the report must include the following:
(A) The results of the monitoring.

(B) An explanation of the significance of the results.

(3) If the CWS has performed additional monitoring that indicates the presence of other contaminants in the finished water, the commissioner strongly encourages the CWS to report any results that may indicate a health concern. To determine if results may indicate a health concern, the commissioner recommends that the CWS finds out if U.S. EPA has proposed a national primary drinking water regulation (NPDWR) or issued a health advisory for that contaminant by calling the Safe Drinking Water Hotline at (800) 426-4791. The commissioner and U.S. EPA consider levels detected above a proposed federal or state MCL or health advisory level to indicate possible health concerns. For contaminants found through additional monitoring, the commissioner recommends that the report includes the following:
(A) The results of the monitoring.

(B) An explanation of the significance of the results noting the existence of a health advisory or a proposed regulation.

(g) In addition to the requirements of subsection (e)(6), the report required under subsection (a) must note any violation of a requirement listed in this subsection that occurred during the year covered by the report and include a clear and readily understandable explanation of the violation, any potential adverse health effects, and the steps the CWS has taken to correct the violation. Violations of the following requirements must be included:

(1) Monitoring and reporting of compliance data.

(2) Filtration and disinfection prescribed by 327 IAC 8-2-8.5 and 327 IAC 8-2-8.6. For a CWS that has:
(A) failed to install adequate filtration or disinfection equipment or processes; or

(B) had a failure of filtration or disinfection equipment or processes that constitutes a violation; the report must include the following language as part of the explanation of potential 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 prescribed by 327 IAC 8-2-36 through 327 IAC 8-2-47. For a CWS that fails to take one (1) or more actions prescribed by 327 IAC 8-2-36(d) or 327 IAC 8-2-40 through 327 IAC 8-2-43, the report must include the applicable language from section 6(c) of this rule for lead or copper, or both.

(4) Treatment techniques for acrylamide and epichlorohydrin prescribed by 327 IAC 8-2-35. For a CWS that violates 327 IAC 8-2-35, the report must include the relevant language from section 6(c) of this rule.

(5) Record keeping of compliance data.

(6) Special monitoring requirements prescribed by 327 IAC 8-2-21.

(7) Violation of the terms of an administrative or judicial order.

(h) The report required under subsection (a) must contain the following additional information:

(1) A brief explanation regarding contaminants that may reasonably be expected to be found in drinking water, including bottled water. This explanation may include the language in clauses (A) through (C), or a CWS may use its own comparable language. The report required under subsection (a) must also include the language of clause (D). The language is as follows:
(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:
(i) dissolves naturally-occurring minerals and, in some cases, radioactive material; and

(ii) can pick up substances resulting from the presence of animals or from human activity.

(B) Contaminants that may be present in source water include the following:
(i) Microbial contaminants, such as viruses and bacteria, that may come from the following:
(AA) Sewage treatment plants.

(BB) Septic systems.

(CC) Agricultural livestock operations.

(DD) Wildlife.

(ii) Inorganic contaminants, such as salts and metals, that can be naturally-occurring or result from any of the following:
(AA) Urban stormwater runoff.

(BB) Industrial or domestic wastewater discharges.

(CC) Oil and gas production.

(DD) Mining.

(EE) Farming.

(iii) Pesticides and herbicides that may come from a variety of sources, such as the following:
(AA) Agriculture.

(BB) Urban storm water runoff.

(CC) Residential uses.

(iv) Organic chemical contaminants, including synthetic and volatile organic chemicals, that:
(AA) are byproducts of industrial processes and petroleum production; and

(BB) can also come from gas stations, urban storm water run-off, and septic systems.

(v) Radioactive contaminants that can be:
(AA) naturally-occurring; or

(BB) the result of oil and gas production and mining activities.

(C) In order to ensure that tap water is safe to drink, the department and U.S. EPA prescribe regulations that limit the amount of certain contaminants in water provided by PWS. Federal Drug Administration (FDA) regulations establish limits for contaminants in bottled water that must provide the same protection for public health.

(D) Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that the water poses a health risk. More information about contaminants and potential health effects can be obtained by calling the Environmental Protection Agency's Safe Drinking Water Hotline at (800) 426-4791.

(2) The telephone number of the owner, operator, or designee of the CWS as a source of additional information concerning the report.

(3) In communities with a large proportion of non-English speaking residents, in which twenty percent (20%) or more of the residents speak the same language other than English, the report must contain:
(A) information in the appropriate language or languages regarding the importance of the report; or

(B) a telephone number or address where the residents may contact the CWS to obtain:
(i) a translated copy of the report; or

(ii) assistance in the appropriate language.

(4) The report required under subsection (a) must include information about opportunities for public participation in decisions that may affect the quality of water. This information may include, but is not limited to, the time and place of regularly scheduled board meetings.

(5) The CWS may include any additional information as the CWS deems necessary for public education consistent with, and not detracting from, the purpose of the report.

(6) A CWS required to comply with 327 IAC 8-2.3 shall provide the following notices, where applicable:
(A) A CWS using ground water that receives notice from the commissioner of a significant deficiency or notice from a laboratory of a fecal indicator-positive ground water source sample that is not invalidated by the commissioner under 327 IAC 8-2.3-4(d) shall inform its customers of any significant deficiency that is uncorrected at the time of the next report or of any fecal indicator-positive ground water source sample in the next report. The CWS using ground water shall continue to inform the public annually until the commissioner determines that particular significant deficiency is corrected or the fecal contamination in the ground water source is addressed under 327 IAC 8-2.3-5(a). Each report must include the following elements:
(i) The nature of the particular significant deficiency or the source of the fecal contamination, if known, and the date the significant deficiency was identified by the commissioner or the dates of the fecal indicator-positive ground water source samples.

(ii) Whether the fecal contamination in the ground water source has been addressed under 327 IAC 8-2.3-5(a) and the date of the action.

(iii) For each significant deficiency or fecal contamination in the ground water source that has not been addressed under 327 IAC 8-2.3-5(a), the commissioner-approved plan and schedule for correction, including the following:
(AA) Interim measures.

(BB) Progress to date.

(CC) Any interim measures completed.

(iv) If the CWS using ground water receives notice of a fecal indicator-positive ground water source sample that is not invalidated by the commissioner under 327 IAC 8-2.3-4(d), the potential health effects using the health effects language of section 17 of this rule.

(B) If directed by the commissioner, a CWS with significant deficiencies that have been corrected before the next report is issued shall inform its customers of the following:
(i) The significant deficiency.

(ii) How the deficiency was corrected.

(iii) The date of the correction under clause (A).

(7) A CWS required to comply with 40 CFR 141, Subpart Y*, shall provide the following notices, as applicable:
(A) Any CWS required to comply with the level 1 assessment requirement or a level 2 assessment requirement, if the level 2 assessment is not due to an E. coli MCL violation, shall include text in the report as described in the following:
(i) The required report must state, "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) The report referenced under item (i) must include the following text, as appropriate, with completed blanks:
(AA) "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 COMPLETED CORRECTIVE ACTIONS] of these actions."

(BB) "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 COMPLETED CORRECTIVE ACTIONS] of these actions."

(iii) A CWS that has failed to complete all the required assessments, correct all identified sanitary defects, or is in violation of the treatment technique requirement under 40 CFR 141.859(a)*, must include in the report referenced under item (i) one (1) or both of the following statements, as appropriate:
(AA) "During the past year, we failed to conduct all of the required assessment(s)."

(BB) "During the past year, we failed to correct all identified defects that were found during the assessment(s)."

(B) Any CWS required to conduct a level 2 assessment due to an E. coli MCL violation shall include text in the report as described in the following:
(i) Each required report must include the following text with completed blanks:
(AA) "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."

(BB) "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 COMPLETED CORRECTIVE ACTIONS] of these actions."

(ii) A CWS that has failed to complete the required assessment, correct all identified sanitary defects, or is in violation of the treatment technique requirement under 40 CFR 141.859(a)*, must include in the report referenced under item (i) one (1) or both of the following statements, as appropriate:
(AA) "We failed to conduct the required assessment."

(BB) "We failed to correct all sanitary defects that were identified during the assessments we conducted."

(C) If a CWS detects E. coli and has violated the E. coli MCL, in addition to completing the table as required under subsection (e)(4) with the information required under subsection (e)(6), the CWS must include one (1) or more of the following statements to describe any noncompliance, as applicable:
(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 tests positive for total coliform."

(D) If a CWS detects E. coli and has not violated the E. coli MCL, in addition to completing the table as required under subsection (e)(4), the CWS may include a statement that explains that, although the CWS has detected E. coli, the CWS is not in violation of the E. coli MCL. *These documents are incorporated by reference. Copies may be obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana 46204.

Disclaimer: These regulations may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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