Ohio Administrative Code
Title 3745 - Ohio Environmental Protection Agency
Chapter 3745-96 - Annual Report to Customers by Community Water System
Section 3745-96-02 - Consumer confidence report - required content
Universal Citation: OH Admin Code 3745-96-02
Current through all regulations passed and filed through September 16, 2024
(A) Each community water system shall provide to customers an annual report that contains the information specified in this rule and rule 3745-96-03 of the Administrative Code.
(B) All of the following information on the source of the water delivered:
(1) Each report shall identify the sources of
the water delivered by the community water system by providing information on
each of the following as applicable:
(a) The
type of the water (e.g., surface water, ground water,
purchased).
(b) The commonly
used name (if any) and location of the body or bodies of water.
(2) When a source water assessment
has been completed, the report shall notify consumers of the availability of
this information and the means to obtain it. Where a community water system has
received a source water assessment summary from the director, the report shall
include a brief summary of the community water system's susceptibility to
potential sources of contamination, using language provided by the director or
equivalent language acceptable to the director.
(C) Report definitions.
(1) Each report shall include the following
definitions:
(a) "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.
(b) "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) A report that contains data on
contaminants the state regulates shall include the following definitions as
applicable:
(a) "Treatment technique," as
defined in rule
3745-81-01 of the Administrative
Code..
(b) "Action level" means the
concentration of a contaminant which, if exceeded, triggers treatment or other
requirements which a water system shall follow.
(c) "Maximum residual disinfectant level
goal" or "MRDLG" means the level of drinking water disinfectant below which
there is no known or expected risk to health. MRDLGs do not reflect the
benefits of the use of disinfectants to control microbial
contaminants.
(d) "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.
(e) "Lead threshold level," as defined in
rule 3745-81-01 of the Administrative
Code.
(f)
"Master meter" means the meter that connects a wholesale
public water system to consecutive public water system. This type of meter
monitors the amount of water being sent to the consecutive system and can also
be used to determine the quality of water being delivered to the consecutive
system.
(3) A
report that contains information regarding a level one or level two assessment
required under rules
3745-81-50 to
3745-81-55 of the Administrative
Code shall include the following definitions as applicable:
(a) "Level one assessment": A level one
assessment is a study of the water system to identify potential problems and
determine, if possible, why total coliform bacteria have been found in the
water system.
(b) "Level two
assessment": A level two assessment is a very detailed study of the water
system to identify potential problems and determine, if possible, why an
Escherichia coli (E. coli) maximum contaminant level violation has occurred or
why total coliform bacteria have been found in the water system on multiple
occasions.
(D) Information on detected contaminants.
(1)
This paragraph specifies the requirements for information to be included in
each report for contaminants subject to mandatory monitoring (except
Cryptosporidium) and applies to all of the following:
(a) Contaminants subject to an MCL, action
level, maximum residual disinfectant level or treatment technique (regulated
contaminants) in accordance with Chapter 3745-81 of the Administrative
Code.
(b) Contaminants for which
monitoring is required by 40
C.F.R. 141.40 (May 2, 2012), (unregulated
contaminants).
(c)
For any public water system required to conduct
disinfection byproduct sampling at a master meter location under rule
3745-81-24 of the Administrative
Code, include, at a minimum, a description of the master meter monitoring
conducted, the wholesale/consecutive system name and identification
information, and a table containing the master meter data from the calendar
year of the report.
(2) The data relating to these contaminants
shall be displayed in one table or in several adjacent tables. Any additional
monitoring results which a community water system chooses to include in
the
report shall be displayed separately.
(3) The data shall be derived from data
collected to comply with U.S. EPA and state monitoring and analytical
requirements during the previous calendar year with the following exception:
Where a system is allowed to monitor for regulated contaminants less
often than once a year, the table shall include the date and results of the
most recent sampling and the report shall include a brief statement indicating
that the data presented in the report are from the most recent testing done in
accordance with the regulations. No data older than five years shall be
included.
(4) For
detected regulated contaminants (listed in the appendix to this rule), the
tables shall contain all of the following information:
(a) The MCL for that contaminant expressed as
a number equal to or greater than 1.0 (as provided in the appendix to 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 table shall indicate that there is a MRDL, MRDLG, treatment
technique or specify the action level applicable to that contaminant, and the
lead threshold level. The report shall include the definitions for MRDL, MRDLG,
treatment technique or action level, as applicable, or lead threshold level
specified in paragraph (C)(2) of this rule.
(d) For contaminants subject to an MCL or
MRDL, except turbidity, and E. coli, the highest contaminant level used to determine
compliance with state primary drinking water rules and the range of detected
levels, as follows:
(i) When compliance with
the MCL is determined by calculating a running annual average of all samples
taken at a sampling point: the highest average of any of the sampling points
and the range of all sampling points expressed in the same units as the MCL.
Beginning one year after the applicable compliance date identified in rule
3745-81-24 of the Administrative
Code, for the MCLs for TTHM and HAA5 in paragraphs (B) and (C) of rule
3745-81-12 of the Administrative
Code, systems shall 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 more than one location
exceeds the TTHM or HAA5 MCL, the system shall include the locational running
annual averages for all locations that exceed the MCL.
(ii) When compliance with the MCL is
determined on a system-wide basis by calculating a running annual average of
all samples at all sampling points: the average and range of detection
expressed in the same units as the MCL.
(iii) When compliance with the MCL is
determined by any other method: the highest value used to determine compliance
with state primary drinking water rules and the range of detected
levels.
(e) For
turbidity, report the highest single measurement and the lowest monthly
percentage of samples meeting the turbidity limits specified in rule
3745-81-73 of the Administrative
Code for the filtration technology being used. The report shall include an
explanation of the reasons for measuring turbidity.
(f) For lead and copper, the ninetieth
percentile value of the most recent round of sampling and the number of
sampling sites exceeding the action level, and the individual results above the
lead threshold level.
(g) The
likely sources of detected contaminants to the best of the operator's
knowledge. If the operator lacks specific information on the likely source, the
report shall include one or more of the typical sources for that contaminant
listed in the appendix to this rule which are most applicable to the
system.
(h) For E. coli analytical
results under rules
3745-81-50 to
3745-81-55 of the Administrative
Code, the total number of positive samples.
(5) If a community water system distributes
water to customers from multiple
hydraulically independent distribution systems that are fed by different raw
water sources, the table should contain a separate column for each service area
and the report should identify each separate distribution system.
Alternatively, a community water system may produce separate reports tailored
to include data for each service area.
(6) The table shall clearly identify any data
indicating violations of MCLs, MRDLs or treatment techniques and the report
shall contain a clear and readily understandable explanation of the violation
including: the length of the violation, the potential adverse health effects
and actions taken by the system to address the violation. To describe the
potential health effects, the community water system shall use the relevant
language for the particular contaminant as specified in the appendix to this
rule.
(7) For detected unregulated
contaminants (without an MCL) for which monitoring is required (except
Cryptosporidium), the table shall 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.
(E) Information on Cryptosporidium, radon and other contaminants:
(1) If the system has
performed monitoring for Cryptosporidium, which indicates that Cryptosporidium
may be present in the source water or the finished water, the report shall
include:
(a) A summary of the results of the
monitoring.
(b) An explanation of
the significance of the results.
(2) If the community water system has
performed any monitoring for radon which indicates that radon may be present in
the finished water, the report shall include both of the following:
(a) The results of the monitoring.
(b) An explanation of the significance of the
results.
(3) For a
community water system that has performed additional monitoring which indicates
the presence of other contaminants in the finished water, the director
recommends the water system include in
the report any results which may indicate a
health concern. To determine if results may indicate a health concern, the
director recommends the community water system find out if U.S. EPA has
proposed a national primary drinking water regulation or issued a health
advisory for that contaminant by calling the safe drinking water hotline
(800-426-4791). The director considers detects above a proposed MCL or health
advisory level to indicate possible health concerns. For such contaminants, the
report may include the following information:
(a) The results of the monitoring, including
the average and range of values.
(b) An explanation of the significance of the
results noting the existence of a health advisory or a proposed
regulation.
(F) Compliance with state primary drinking water rules. In addition to the requirements set forth in paragraph (D)(6) of this rule, the report shall note any violation that occurred during the year covered by the report of any of the following, and include a clear and readily understandable explanation of the violation, any potential adverse health effects and the steps the community water system has taken to correct the violation:
(1) Monitoring and reporting of compliance
data.
(2) Filtration and
disinfection prescribed by rules
3745-81-71 to
3745-81-75 of the Administrative
Code. For systems which have failed to install adequate filtration or
disinfection equipment or processes, or have had a failure of such equipment or
processes which constitutes a violation, the report shall include the following
language as part of the explanation of potential adverse health effects:
"Inadequately treated water may contain disease-causing organisms. These
organisms include bacteria, viruses, and parasites which can cause symptoms
such as nausea, cramps, diarrhea, and associated headaches".
(3) Lead and copper control requirements
prescribed by rules
3745-81-80 to
3745-81-89 of the Administrative
Code. For systems which fail to take one or more actions prescribed by
paragraph (D) of rule
3745-81-80 and rule
3745-81-81,
3745-81-82,
3745-81-83 or
3745-81-84 of the Administrative
Code, the report shall include the applicable language of the appendix to this
rule for lead, copper or both.
(4)
Treatment techniques for acrylamide and epichlorohydrin prescribed by rule
3745-81-17 of the Administrative
Code. For systems which violate the requirements of rule
3745-81-17 of the Administrative
Code, the report shall include the relevant language from the appendix to this
rule.
(5) Recordkeeping of
compliance data as required by rule
3745-81-33 of the Administrative
Code.
(6) Special monitoring
requirements for organic and inorganic contaminants as prescribed by
40 C.F.R.
141.40 (May 2, 2012) and for sodium as
prescribed by 40 C.F.R.
141.41 (December 5, 1994).
(7) Violation of the terms of an
administrative or judicial order.
(8) Any ground water system that receives
notice from the director of a significant deficiency or notice from a
laboratory of
an
E. coli
-positive
ground water source sample that is not invalidated under rule
3745-81-42 of the Administrative
Code shall inform customers of any
significant deficiency that is uncorrected at the time of the next report or of
any
E. coli-positive ground water source sample in the
next report. The system shall continue to inform the public annually until the
director determines that particular significant deficiency is corrected or the
E. coli
contamination in the ground water source is addressed in accordance with
rule
3745-81-61 of the Administrative Code. If required, a
system with significant deficiencies that have been corrected before the next
report is issued shall inform customers
of the significant deficiency, how the deficiency was corrected and the date of
correction in accordance with this paragraph. Each report shall include all of
the following elements:
(a) The nature of the
particular significant deficiency or the source of the
E. coli (if the source is known) and the date the
significant deficiency was identified by the director or the dates of the
E.
coli-positive ground water source samples.
(b) If the
E. coli in the ground
water source has been addressed under rule
3745-81-61
of the Administrative Code and the date of such action.
(c) For each significant deficiency or
E. coli in the ground water source that has not been
addressed under rule
3745-81-61 of the Administrative Code, the
director-approved plan and schedule for correction, including interim measures,
progress to date and any interim measures completed.
(d) If the system receives notice of a
E.
coli-positive ground water source sample that is not invalidated by the
director, the potential health effects using the health effects language in the
appendix to this rule.
(G) Additional information.
(1) The report shall contain a brief
explanation regarding contaminants which may reasonably be expected to be found
in drinking water, including bottled water. This explanation shall include the
following language:
(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, and 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, 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 and
residential uses.
(iv) Organic
chemical contaminants, including synthetic and volatile organic chemicals,
which are byproducts of industrial processes and petroleum production, and can
also come from gas stations, urban stormwater runoff and septic
systems.
(v) Radioactive
contaminants, which can be naturally-occurring or be the result of oil and gas
production and mining activities.
(c) In order to ensure that tap water is safe
to drink, U.S. EPA prescribes regulations which limit the amount of certain
contaminants in water provided by public water systems. Food and drug
administration regulations establish limits for contaminants in bottled water
which shall 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
water poses a health risk. More information about contaminants and potential
health effects can be obtained by calling U.S. EPA's safe drinking water
hotline (800-426-4791)."
(2) The report shall include the telephone
number of the owner, operator or designee of the community water system as a
source of additional information concerning the report.
(3) In community water systems that serve a
large proportion of non-english speaking residents, defined as ten per cent or
more of the residents speak the same non-english language, the report shall
include one of the following:
(a) Information
in the applicable language or languages regarding the importance of the
report.
(b) A telephone number or
address where such residents may contact the community water system to obtain a
translated copy of the report or assistance in the applicable
language.
(4) The report
shall include information about opportunities for public participation in
decisions that may affect the quality of the water when such opportunities are
routinely scheduled by the community water system (e.g., time and place of
regularly scheduled board meetings).
(5) The report shall include information on
the status of the system's license to operate issued pursuant to Chapter
3745-84 of the Administrative Code.
(6) The community water system may include
additional information as it deems necessary for public education consistent
with, and not detracting from, the purpose of the report.
(7) Compliance information for the U.S. EPA
revised total coliform rule.
(a) Any public water system
required to comply with the level one assessment requirement or level two
assessment requirement in accordance with rule
3745-81-53 of the Administrative
Code that is not due to an E. coli MCL violation shall include in the report
the following text, as applicable, filling in the blanks accordingly:
(i) "Coliforms are bacteria which 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 assessments 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 one assessments] level one assessments. [insert
number of level one assessments] level one 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.
(iii) During the
past year [insert number of level two assessments] level two assessments were
required to be completed for our water system. [insert number of level two
assessments] level two 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 system that has failed to complete
all the required assessments or correct all identified significant
deficiencies, is in violation of the treatment technique requirement and shall
also include one or both of the following statements, as applicable:
(a) "During the past year we failed to
conduct all of the required assessments."
(b) "During the past year we failed to
correct all identified deficiencies that were found during the
assessments."
(b) Any system required to conduct a level
two assessment due to an E. coli MCL violation shall include in the report the
following text, filling in the blanks accordingly, and shall include the text
in paragraph (G)(7)(b)(iii) of this rule if applicable:
(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 assessments to identify problems and to
correct any problems that were found during these assessments."
(ii) "We were required to complete a level
two 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 system that has
failed to complete the required assessment or correct all identified
significant deficiencies, is in violation of the treatment technique
requirement and
shall also include one or both of the following
statements, as applicable:
(a) "We failed to
conduct the required assessment."
(b) "We failed to correct all significant
deficiencies that were identified during the assessment that we
conducted."
(c)
If a public water system detects E. coli and has violated the E. coli MCL, in
addition to completing the table as required in paragraph (D) of this rule, the
system shall include one 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
collect all required repeat samples following an E. coli-positive routine
sample."
(iv) "We failed to test
for E. coli when a repeat sample tested positive for total coliform."
(d) If a public water system
detects E. coli and has not violated the E. coli MCL, in addition to completing
the table as required in paragraph (D) of this rule, the system may include a
statement that explains that although they have detected E. coli, they are not
in violation of the E. coli MCL.
[Comment: The 40 C.F.R. 141.40 and 141.41 refers to the "Code of Federal Regulations" published on May 2, 2012 and December 5, 1994. Copies of these codes may be obtained from the "U.S. Government Bookstore" toll-free at (866) 512-1800 or https://www.gpo.gov/fdsys, or from "Ohio EPA Lazarus Government Center, 50 West Town Street, Suite 700, Columbus, OH 43215," (614) 644-2752. The code is available for review at, "Ohio EPA, Lazarus Government Center, 50 West Town Street, Suite 700, Columbus, OH 43215."]
Disclaimer: These regulations may not be the most recent version. Ohio 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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