Current through Register Vol. 48, No. 9, September 27, 2024
(1) Each
community water system shall provide to its customers an annual report that
contains the information specified in this section and Section D
below.
(2) Information on the
source of the water delivered:
(a) Each
report shall identify the source(s) of the water delivered by the community
water system by providing information on:
(i)
The type of the water: e.g., surface water, ground water; and
(ii) The commonly used name (if any) and
location of the body (or bodies) of water.
(b) If a source water assessment has been
completed, the report shall notify consumers of the availability of this
information and the means to obtain it. In addition, systems are encouraged to
highlight in the report significant sources of contamination in the source
water area if they have readily available information. Where a system has
received a source water assessment from the Department, the report shall
include a brief summary of the system's susceptibility to potential sources of
contamination, using language provided by the Department or written by the
operator.
(3)
Definitions.
(a) Each report shall include
the following definitions:
(i) Maximum
Contaminant Level Goal or MCLG: 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.
(ii) Maximum
Contaminant Level or MCL: 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.
(b) A report for a community water system
operating under a variance or an exemption issued under R.61-58.9, Variances and
Exemptions, shall include the following definition: Variances and Exemptions:
the Department or EPA permission not to meet an MCL or a treatment technique
under certain conditions.
(c) A
report which contains data contaminants that the Department regulates using any
of the following terms must include the applicable definitions:
(ii) Action Level: The concentration of a
contaminant which, if exceeded, triggers treatment or other requirements which
a water system shall follow.
(iii)
Maximum residual disinfectant level goal or MRDLG: The level of a drinking
water disinfectant below which there is no known or expected risk to health.
MRDLGs do not reflect the benefits of the use of the disinfectants to control
microbial contaminants.
(iv)
Maximum residual disinfectant level or MRDL: 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.
(d) A
report that contains information regarding a Level 1 or Level 2 Assessment
required under R,61-58.17 must include the
applicable definitions:
(i) 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.
(ii) 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 has occrred and/or why
total coliform bacteria have been found in our water system on multiple
occasions.
(4)
Information on Detected Contaminants.
(a)
This sub-section specifies the requirements for information to be included in
each report for contaminants subject to mandatory monitoring (except
Cryptosporidium). It applies to:
(i)
Contaminants subject to an MCL, action level, maximum residual disinfectant
level or treatment technique (regulated contaminants);
(ii) Contaminants for which monitoring is
required by R.61-58.5.T, Special Monitoring for
Inorganic and Organic Contaminants (unregulated contaminants); and
(iii) Disinfection by-products or microbial
contaminants for which monitoring is required by Secs. 141.142 and
141.143 (Information Collection
Rule for disinfection by-products (DBP) and Microbials (ICR)), of the National
Primary Drinking Water Regulations (NPDWR), and which are detected in the
finished water.
(b) 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 its report shall be displayed
separately.
(c) The data shall be
derived from data collected to comply with EPA and Department monitoring and
analytical requirements during calendar year 1998 for the first report and
subsequent calendar years thereafter except that:
(i) Where a system is allowed to monitor for
regulated contaminants less often than once a year, the table(s) 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
5 years need be included.
(ii)
Results of monitoring in compliance with the ICR (Secs. 141.142 and 141.143 of
the NPDWR), need only be included for 5 years from the date of last sample or
until any of the detected contaminants becomes regulated and subject to routine
monitoring requirements, whichever comes first.
(d) For detected regulated contaminants
(listed in Appendix D to this regulation), the table(s) shall contain:
(i) The MCL for that contaminant expressed as
a number equal to or greater than 1.0 (as provided in Appendix D to this
regulation);
(ii) The MCLG for that
contaminant expressed in the same units as the MCL;
(iii) If there is no MCL for a detected
contaminant, the table shall indicate that there is a treatment technique, or
specify the action level, applicable to that contaminant, and the report shall
include the definitions for treatment technique and/or action level, as
appropriate, specified in paragraph(3)(c) of this section;
(iv) For contaminants subject to an MCL,
except turbidity, total coliforms, fecal coliform and E.coli, the highest
contaminant level used to determine compliance with R.61-58.5, Maximum Contaminant
Levels in Drinking Water, and the range of detected levels, as follows:
(A) 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.
(B) When compliance with
the MCL is determined by calculating a running annual average of all samples
taken at a monitoring location: the highest average of any of the monitoring
locations and the range of all monitoring locations expressed in the same units
as the MCL. For the MCLs for TTHM and HAA5 in R.61
58.5.P(2)(b), systems 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 more than one location exceeds the TTHM or HAA5 MCL, the
system must include the locational running annual averages for all locations
that exceed the MCL.
(C) 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: the average
and range of detection expressed in the same units as the MCL. The system is
required to include individual sample results for the IDSE conducted under
R.61 58.14
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.
Note to paragraph (4)(d)(iv): When rounding of
results to determine compliance with the MCL is allowed by the regulations,
rounding should be done prior to multiplying the results by the factor listed
in Appendix D of this regulation;
(v) For turbidity.
(A) When it is reported pursuant to the
requirements of R.61- 58.10.C, Filtration and
Disinfection [criteria for avoiding filtration]: the highest monthly value. The
report should include an explanation of the reasons for measuring
turbidity.
(B) When it is reported
pursuant to R.61-58.10.E, Filtration and
Disinfection [filtration], or R.61-58.10.H(4):
The highest single measurement and the lowest monthly percentage of samples
meeting the turbidity limits specified in R.61-58.10.E, Filtration, or
R.61-58.10.H(4):
for the filtration technology being used. The report should include an
explanation of the reasons for measuring turbidity;
(C) When it is reported pursuant to
R.61-58.10.E or R.61-58.10.H(4) or
R.61-58.10.I(6): the highest single measurement and the lowest monthly
percentage of samples meeting the turbidity limits specified in R.61-58.10.E or R.61-58.10.H(4) or
R.61-58.10.I(6) for the filtration technology being used. The report should
include an explanation of the reasons for measuring
turbidity.
(vi) For lead
and copper: the 90th percentile concentration of the most recent round(s) of
sampling, and the number of sampling sites exceeding the action level, and the
range of tap sampling results;
(vii) For total coliform analytical results
until March 31, 2016:
(A) The highest monthly
number of positive samples for systems collecting fewer than forty (40) samples
per month; or
(B) The highest
monthly percentage of positive samples for systems collecting at least forty
(40) samples per month.
(viii) For fecal coliform and E.coli. until
March 31, 2016: The total number of positive samples;
(ix) The likely source(s) of detected
contaminants to the best of the operator's knowledge. Specific information
regarding contaminants may be available in sanitary surveys and source water
assessments, and should be used when available to the operator. 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 Appendix D to
this regulation which are most applicable to the system;
(x) For E.coli analytical results under
R.61-58.17: The total number of positive samples;
(xi) The report shall include a statement
that a service line inventory (including inventories consisting only of a
statement that there are no lead service lines) has been prepared and include
instructions to access the service line inventory; and
(xii) The report shall notify consumers that
complete lead tap sampling data are available for review and shall include
information on how to access the data.
(5) If a community water system distributes
water to its 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, systems could produce separate
reports tailored to include data for each service area.
(6) The table(s) shall clearly identify any
data indicating violations of MCLs 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 system shall use the relevant language of
Appendix D to this regulation.
(7)
For detected unregulated contaminants for which monitoring is required (except
Cryptosporidium), the table(s) 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.
(8) Information on Cryptosporidium, radon,
and other contaminants:
(a) If the system has
performed any monitoring for Cryptosporidium, including monitoring performed to
satisfy the requirements of Sec. 141.143 (NPDWR Microbial Monitoring), which
indicates that Cryptosporidium may be present in the source water or the
finished water, the report shall include:
(i)
A summary of the results of the monitoring; and
(ii) An explanation of the significance of
the results.
(b) If the
system has performed any monitoring for radon which indicates that radon may be
present in the finished water, the report shall include:
(i) The results of the monitoring;
and
(ii) An explanation of the
significance of the results.
(c) If the system has performed additional
monitoring which indicates the presence of other contaminants in the finished
water, the Department strongly encourages systems to report any results which
may indicate a health concern. To determine if results may indicate a health
concern, the Department recommends that systems find out if EPA has proposed an
NPDWR or issued a health advisory for that contaminant by calling the Safe
Drinking Water Hotline (800-426-4791). EPA and the Department considers detects
above a proposed MCL or health advisory level to indicate possible health
concerns. For such contaminants, EPA and the Department recommends that the
report include:
(i) The results of the
monitoring; and
(ii) An explanation
of the significance of the results noting the existence of a health advisory or
a proposed regulation.
(9) Compliance with the State Primary
Drinking Water Regulations (SPDWR). In addition to the requirements of this
regulation, the report shall note any violation that occurred during the year
covered by the report of a requirement listed below, and include a clear and
readily understandable explanation of the violation, any potential adverse
health effects, and the steps the system has taken to correct the violation:
(a) Monitoring and reporting of compliance
data;
(b) Filtration and
disinfection prescribed by R.61-58.10, Filtration and
Disinfection. For systems which have failed to install adequate filtration or
disinfection equipment or processes, or have had a failure of such equipment or
process 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;"
(c) Lead and copper control requirements
prescribed by R.61-58.11, Lead and Copper.
For systems which fail to take one or more actions prescribed by
R.61-58.11.B(2)
[Corrosion Control Treatment Requirements], R.61-58.11.C
[ Applicability of Corrosion Control Treatment Steps to Small, Medium-Size and
Large Water Systems], R.61-58.11(D)(D)[Description
of Corrosion Control Treatment Requirements], R.61-58.11.E
[Source Water Treatment Requirements], R.61-58.11.F
[Lead Service Line Replacement Requirements], the report shall include the
applicable language of Appendix D to this regulation for lead, copper, or
both;
(d) Treatment techniques for
Acrylamide and Epichlorohydrin prescribed by R.61-58.5.A A,
Treatment Techniques. For systems which violate the requirements of
R.61-58.5.A A, the
report shall include the relevant language from Appendix D to this
regulation;
(e) Recordkeeping of
compliance data;
(f) Special
monitoring requirements prescribed by R.61-58.5.T,
Special Monitoring for Inorganic and Organic Contaminants, and R.61-58.5.U,
Special Monitoring for Sodium; and
(g) Violation of the terms of a variance, an
exemption, or an administrative or judicial order.
(10) Variances and Exemptions. If a system is
operating under the terms of a variance or an exemption issued under
R.61-58.9, Variances and
Exemptions, the report shall contain:
(a) An
explanation of the reasons for the variance or exemption;
(b) The date on which the variance or
exemption was issued;
(c) A brief
status report on the steps the system is taking to install treatment, find
alternative sources of water, or otherwise comply with the terms and schedules
of the variance or exemption; and
(d) A notice of any opportunity for public
input in the review, or renewal, of the variance or exemption.
(11) Additional information:
(a) 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 may include the
language of paragraphs (i) through (iii) below or systems may use their own
comparable language. The report also shall include the language of paragraph
(iv) below:
(i) "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."
(ii) "Contaminants that may be present in
source water include:
(A) Microbial
contaminants, such as viruses and bacteria, which may come from sewage
treatment plants, septic systems, agricultural livestock operations, and
wildlife.
(B) 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.
(C) Pesticides and herbicides, which may come
from a variety of sources such as agriculture, urban stormwater runoff, and
residential uses.
(D) Organic
chemical contaminants, including synthetic and volatile organic chemicals,
which are by-products of industrial processes and petroleum production, and can
also come from gas stations, urban stormwater runoff, and septic
systems.
(E) Radioactive
contaminants, which can be naturally-occurring or be the result of oil and gas
production and mining activities.:
(iii) "In order to ensure that tap water is
safe to drink, EPA and the Department prescribe regulations which limit the
amount of certain contaminants in water provided by public water systems. FDA
regulations establish limits for contaminants in bottled water which shall
provide the same protection for public health."
(iv) "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 the Environmental Protection Agency's
Safe Drinking Water Hotline (800-426-4791)."
(b) 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.
(c) In communities with a large proportion of
non-English speaking residents, as determined by the Department, the report
shall contain information in the appropriate language(s) regarding the
importance of the report or contain a telephone number or address where such
residents may contact the system to obtain a translated copy of the report or
assistance in the appropriate language.
(d) The report shall include information
(e.g., time and place of regularly scheduled board meetings) about
opportunities for public participation in decisions that may affect the quality
of the water.
(e) The systems may
include such additional information as they deem necessary for public education
consistent with, and not detracting from, the purpose of the report.
(f) Systems required to comply with
R.61-58.16.
(i) Any ground water system that
receives notice from the Department of a significant deficiency or notice from
a laboratory of a fecal indicator positive ground water source sample that is
not invalidated by the Department must 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 system
must continue to inform the public annually until the Department determines
that particular significant deficiency is corrected or the fecal contamination
in the ground water source is addressed under R.61-58.16.F(1). Each report
must include the following elements.
(A) The
nature of the particular significant deficiency or the source of the fecal
contamination (if the source is known) and the date the significant deficiency
was identified by the Department or the dates of the fecal indicator-positive
ground water source samples.
(B) If
the fecal contamination in the ground water source has been addressed under
R.61-58.16.F(1)
and the date of such action.
(C)
For each significant deficiency or fecal contamination in the ground water
source that has not been addressed under R.61-58.16.F(1),
the Department approved plan and schedule for correction, including interim
measures, progress to date, and any interim measures completed; and
(D) If the system receives notice of a fecal
indicator positive ground water source sample that is not invalidated by the
Department, the potential health effects using the health effects language of
Appendix D of R.61-58.12.
(ii) If directed by the Department, a system
with significant deficiencies that have been corrected before the next report
is issued must inform its customers of the significant deficiency, how the
deficiency was corrected, and the date of correction.
(g) Systems required to comply with
R.61-58.17:
(i) Any system required to 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 paragraph R.61-58.12.C(11)(g)(i)(A) and
paragraphs R.61-58.12.C(11)(g)(i)(B) and
R.61-58.12.C(11)(g)(i)(C) as appropriate, filling in the blanks accordingly and
the text found in paragraphs R.61-58.12.C(11)(g)(i)(D)(1)
and R.61-58.12.C(11)(g)(i)(D)(2) if appropriate.
(A) 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.
(B)
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.
(C) 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.
(D) Any
system 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:
(1) During the past year we
failed to conduct all of the required assessment(s).
(2) During the past year we failed to correct
all identified defects that were found during the assessment.
(ii) Any system required
to conduct a Level 2 assessment due to an E. coli MCL violation must include in
the report the text found in paragraphs R.61-58.12.C(11)(g)(ii)(A)
and R.61-58.12.C(11)(g)(ii) (B), filling in the blanks accordingly and the text
found in paragraphs R.61-58.12.C(11)(g)(ii)(C)(1)
and R.61-58.12.C(11)(g)(ii)(C)(2), if appropriate.
(A) 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.
(B) 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.
(C) Any system 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:
(1) We failed to conduct the required
assessment.
(2) We failed to
correct all sanitary defects that were identified during the assessment that we
conducted.
(iii) If a system detects E. coli and has
violated the E. coli MCL, in addition to completing the table as required in
R.61-58.12.C(4)(d),
the system must include one or more of the following statements to describe any
noncompliance, as applicable:
(A) We had an
E. coli-positive repeat sample following a total coliform-positive routine
sample.
(B) We had a total
coliform-positive repeat sample following an E. coli-positive routine
sample.
(C) We failed to take all
required repeat samples following an E. coli-positive routine sample.
(D) We failed to test for E. coli when any
repeat sample tests positive for total coliform.
(iv) If a system detects E. coli and has not
violated the E. coli MCL, in addition to completing the table as required in
paragraph R.61-58.12.C(4)(d),
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.