Current through Register Vol. 55, No. 13, March 29, 2025
This section applies only to community water systems
and establishes the minimum requirements for the content of the annual CCR that
each system shall deliver to its customers. This report must contain
information on the quality of the water delivered by the system and
characterize the risks, if any, from exposure to contaminants detected in the
drinking water in an accurate and understandable manner.
(1) For the purposes of this section, the
definitions of "customer" and "detected" established by the EPA under
40 CFR
141.151(c) and (d) (relating
to definitions), respectively, are incorporated by reference.
(2) Each community water system shall deliver
to its customers an annual CCR on the dates established by the EPA under
40 CFR 141.152
(relating to effective dates), which is incorporated by reference.
(3) Except as noted in subparagraphs (i)-(v),
the annual report that a community water system provides to its customers shall
contain all of the information, mandatory language and optional text specified
by the EPA under 40 CFR
141.153 and
141.154 (relating to content of
the reports; and required additional health information), which are
incorporated by reference, and under
40 CFR
141, Subpart O, Appendix A (relating to
regulated contaminants), which is incorporated by reference, unless other
information, mandatory language or optional text is established by regulations
or order of the Department. The health effects language for fluoride is not
incorporated by reference. Public water systems shall include the health
effects language specified in §
109.411(e)(1)(i)
(relating to content of a public notice) for violation of the primary MCL of 2
mg/L fluoride.
(i) If a water system wants to
use wording of its own choice in place of optional text, the water supplier
shall submit the proposed wording to the Department for review and written
approval prior to including it in its annual CCR. Once approved, the water
supplier's wording may be used in future CCRs without further approval from the
Department as long as it is not changed and is still applicable.
(ii) The CCR shall contain information in
Spanish regarding the importance of the report or contain a telephone number or
address where persons served may contact the water system to obtain a
translated copy of the report or to request assistance.
(iii) For each non-English-speaking group
other than Spanish-speaking that exceeds 10% of the residents for systems
serving at least 1,000 people or 100 residents for systems serving less than
1,000 people, and speaks the same language other than English, the report shall
contain information in the appropriate languages regarding the importance of
the report or contain a telephone number or address where persons served may
contact the water system to obtain a translated copy of the report or to
request assistance in the appropriate language. The Department will make the
final determination of which systems need to include this
information.
(iv) For the purpose
of defining how certain portions of a CCR shall appear, the term "prominently
display" as used in 40 CFR
141.154(a) means that the
information shall be printed either in a larger size typeface or bolded or
enclosed within a border or all these so as to make the information conspicuous
in comparison to the rest of the text appearing before and after the
prominently displayed text. Prominently displayed text placed away from other
text (such as, in a highlighted or boxed area) shall be printed no smaller than
the text used elsewhere in the body of the report, excluding main or section
titles.
(v) Information contained
in a CCR shall appear in an easy-to-read format. Font sizes below 10 points or
color combinations, or both, that make it difficult for persons to read and
understand the information contained in the CCR may not be used.
(3.1) Public water suppliers
required to conduct monitoring for PFAS under §
109.301(16)
(relating to monitoring requirements) shall also include at a minimum the
following information:
(i) Information on
results detected.
(C) Highest level detected in ng/L.
(D) Range of detections in ng/L.
(F) Whether a violation occurred.
(G)
Sources of
contamination. The likely sources of detected contaminants to the best
of the public water supplier's knowledge. Specific information regarding
contaminants may be available in sanitary surveys or source water assessments
and should be used when available. If the public water supplier lacks specific
information on the likely source or sources of the contaminant or contaminants,
the following statement shall be used:
"Discharge from manufacturing facilities and runoff
from land use activities."
(ii)
Health effects
language. Public water systems shall include the health effects
language specified in §
109.411(e)(1)(ii) and
(iii) for violation of a primary MCL for PFAS
specified in §
109.202(a)
(relating to State MCLs, MRDLs and treatment technique
requirements).
(4) Each
community water system shall do the following:
(i) Mail or otherwise directly deliver to
each customer one copy of the annual CCR no later than the date specified in
paragraph (2).
(ii) Mail a paper
copy of the annual CCR to the Department no later than the date the water
system is required to distribute the CCR to its customers.
(iii) Make a good faith effort to reach
consumers who do not get water bills. The Department will determine "good
faith" based on those methods identified in
40 CFR
141.155(b) (relating to
report delivery and recordkeeping), which are incorporated by
reference.
(iv) Submit in writing
to the Department no later than 3 months after the delivery of the annual CCR:
(A) A certification that the annual CCR has
been distributed to customers and that the information contained in the report
is correct and consistent with the compliance monitoring data previously
submitted to the Department.
(B) A
description of what was done to meet the good faith effort requirement
described in subparagraph (iii).
(v) If another State agency or commission
also regulates the community water system, submit a copy of the system's annual
CCR to the other agency or commission upon the specific request of that agency
or commission no later than the date the water system is required to distribute
the CCR to its customers. Each State agency or commission shall determine the
way it requests a copy of the system's CCR. Those agencies or commissions may
include, but are not limited to, the following:
(A) The Pennsylvania Public Utility
Commission and the Office of Consumer Advocate in the Office of the Attorney
General, for water systems that are public utilities regulated under 66 Pa.C.S.
(relating to Public Utility Code).
(B) The Department of Human Services, for
self-contained community water systems serving personal care or other group
housing facilities.
(C) The
Department of Health, for self-contained community water systems serving
skilled health care facilities.
(vi) Make copies of its annual CCR available
to the public on request.
(vii) If
a community water system serves 100,000 or more people, post its current year's
report to a publicly accessible site on the Internet.
(viii) Retain copies of each annual CCR and
the related information required in paragraph (3) on the premises of the system
or at a convenient location near the premises for no less than 3 years after
the date of its delivery to customers.
The provisions of this § 109.416 amended under section 4(a)
of the Pennsylvania Safe Drinking Water Act (35 P.S. §
721.4(a)); and section
1920-A(b) of The Administrative Code of 1929 (71 P.S. §
510-20(b)).
This section cited in 25 Pa. Code §
109.1 (relating to definitions);
25 Pa. Code §
109.410 (relating to Tier 3 public
notice-categories, timing and delivery of notice); 25 Pa. Code §
109.1004 (relating to public
notification); and 52 Pa. Code §69.1601 (relating to
general).