26.04.01.20-2

.20-2 Consumer Confidence Reports.

A. A supplier of water to a community water system shall deliver an annual consumer confidence report to their customers as required by 40 CFR §§141.151—141.155: Subpart OŚConsumer Confidence Report. This report shall contain information on the quality of the water delivered by the supplier and characterize the risks from exposure to contaminants detected in the drinking water in an accurate and understandable manner.

B. Each supplier of water to a community water system shall deliver its first report by July 1, 2001, and subsequent reports by July 1 annually thereafter. The first report shall contain data collected during, or before, calendar year 2000 and shall be in accordance with 40 CFR §141.153(d)(3). Each subsequent report shall contain data collected during, or before, the previous calendar year.

C. A supplier of water to a community water system that began operation after July 1, 2000, shall deliver its first report by July 1 of the year after its first full calendar year in operation and annually thereafter.

D. A supplier of water to a community water system that sells water to another community water system shall deliver the applicable information required in the consumer confidence report to the buyer system:

(1) By April 1, 2001, for the 2000 report, and by April 1 annually thereafter; or

(2) On a date mutually agreed upon by the seller and the purchaser, and specifically included in a contract between the parties.

E. Content of the Report.

(1) An annual report issued under this regulation shall provide a report that contains the information specified in 40 CFR §§141.153, 141.154, and 141.211. The report does not replace the function of the Public Notice requirements under Regulation .20 of this chapter. This information includes, but is not limited to, the requirements in §E(2)—(9) of this regulation.

(2) Required Language and Information.

(a) All reports shall contain the following language: "Some people may be more vulnerable to contaminants in drinking water than the general population. Immunocompromised persons such as persons with cancer undergoing chemotherapy, persons who have undergone organ transplants, people with HIV/AIDS or other immune system disorders, some elderly persons, and infants can be particularly at risk from infections. These people should seek advice about drinking water from their health care providers. EPA/ CDC guidelines on appropriate means to lessen the risk of infection by Cryptosporidium and other microbial contaminants are available from the Safe Drinking Water Hotline (800-426-4791)."

(b) Beginning in the report due by July 1, 2002, a supplier of water at a community water system that detects arsenic above 0.005 milligrams per liter (mg/l) and up to and including 0.010 milligrams per liter (mg/l):

(i) Shall include in its report a short informational statement about arsenic, using language such as that provided in 40 CFR §141.154(b)(1); or

(ii) May write its own educational statement in consultation with the Approving Authority.

(c) Systems with nitrate at levels above 5 milligrams per liter shall include the required language in 40 CFR §141.154.

(d) Suppliers of water that monitor for lead shall include language as specified in 40 CFR §141.154.

(e) Systems which detect total trihalomethane levels above 0.080 milligrams per liter, but below 0.100 milligrams per liter, as an annual average shall include the required language in 40 CFR §141.154.

(f) Beginning in the report due by July 1, 2002 and ending January 22, 2006, a supplier of water at a community water system that detects arsenic above 0.010 milligrams per liter (mg/l) and up to and including 0.05 milligrams per liter (mg/l) shall include the arsenic health effects language prescribed by 40 CFR §141.154 Subpart O.

(3) Information on Source Water.

(a) The report shall identify the source or sources of the water delivered by the community water system by providing information on the:

(i) Type of water, for example, surface water or ground water;

(ii) Commonly used name, if any; and

(iii) 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, in the report, a supplier of water is encouraged to highlight significant sources of contamination in the source water area if they have readily available information. If a system has received a source water assessment from the Approving Authority, the report shall include a brief summary of the system's susceptibility to potential sources of contamination, using language provided by, or approved by Approving Authority.

(4) Definitions for the following shall be included in the report:

(a) Maximum contaminant level goal (MCLG) and maximum contaminant level (MCL);

(b) Variances or exemptions if a community water system is operating under a variance or an exemption;

(c) Treatment technique when data is included on a contaminant for which EPA has set a treatment technique;

(d) Action level when data is included on a contaminant for which EPA has set an action level;

(e) Maximum residual disinfectant level goal (MRDLG); or

(f) Maximum residual disinfectant level (MRDL).

(g) For a report that contains information regarding a Level 1 or Level 2 assessment required by Regulation .11-4 of this chapter, Level 1 assessment and Level 2 assessment, as applicable.

(5) Information on Detected Contaminants.

(a) Information shall be included as specified in 40 CFR §141.153(d) for regulated contaminants, unregulated contaminants, treatment techniques, and 40 CFR §141.153 (e) for other contaminants identified by the Approving Authority as a public health risk in drinking water. The data should be provided in one or more tables as appropriate.

(b) For detected regulated contaminants, the table or tables shall contain:

(i) The highest contaminant level used to determine compliance and the range of detected levels from monitoring for contaminants subject to an MCL, except turbidity, total coliform, fecal coliform and E. coli;

(ii) The MCL for that contaminant;

(iii) The MCLG for that contaminant expressed in the same units as the MCL;

(iv) A treatment technique, or specify the action level, applicable to that contaminant.

(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 shall be provided, in the same units as the MCL. The system is required to include individual sample results for the Initial Distribution System Evaluation (IDSE) conducted under 40 CFR §141, Subpart U, 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.

(6) In addition to the public notification requirements established under Regulation .14 of this chapter, the report shall note any violation 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 system has taken to correct the violation and other related information as follows:

(a) Monitoring and reporting of compliance data;

(b) Filtration and disinfection requirements established under Regulation .05-2 of this chapter;

(c) Lead and copper control requirements established under Regulation .06-2 of this chapter;

(d) Treatment technique requirements for Acrylamide and Epichlorohydrin established under Regulation .07-2 of this chapter;

(e) Record keeping of compliance data;

(f) Special monitoring requirements established under Regulation .15-3 of this chapter;

(g) Violations of the terms of variances, exemptions, or administrative or judicial orders;

(h) If applicable, an explanation for a variance or exemption, the date issued, a brief status report, and a notice of opportunity for public input.

(7) Explanation of Contaminants.

(a) The report shall contain a brief explanation regarding contaminants that may reasonably be expected to be found in drinking water, including bottled water, as specified in 40 CFR §141.153(h)(1)(i)—(iii), or comparable language.

(b) The following paragraph or equivalent shall be included: "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 (800-426-4791)."

(8) The report shall contain:

(a) The telephone number of the owner, operator, or designee of the community water system as a source of additional information concerning the report;

(b) The required health information as specified in 40 CFR §141.154; and

(c) Information, including time and place of regularly scheduled meetings, about opportunities for public participation in decisions that may affect the quality of the water.

(9) Special Public Notice for Ground Water Suppliers. Community ground water suppliers shall inform the public served by the water supplier about a fecal indicator-positive source sample that is not invalidated under Regulation .11-2G of this chapter, or any significant deficiency that has not been corrected, in accordance with the requirements of 40 CFR §§141.153(h)(6) and 141.403(a). The supplier shall continue to inform the public annually until the Approving Authority determines that the particular significant deficiency is corrected or the fecal contamination in the ground water source is addressed in accordance with Regulation .05-5C of this chapter.

(10) Any system required to comply with a Level 1 or Level 2 assessment requirement under Regulation .11-4 of this chapter that is not due to an E. coli MCL violation shall include the information specified in 40 CFR §141.153(h)(7).

F. For communities with a large proportion non-English speaking residents, information in the appropriate language or languages shall be provided regarding the importance of the notice or contain a telephone number or address where persons served may contact the water system to obtain a translated copy or to request assistance in the appropriate language.

G. Report Delivery and Record Keeping.

(1) Except as provided in §H of this regulation, each supplier of water to a community water system shall mail or otherwise directly deliver one copy of the report to each customer.

(2) The supplier of water to a community water system shall make a good faith effort to reach consumers who do not get water bills, using means recommended by the Approving Authority. Good faith effort will be tailored to the consumers who are served by the system but are not bill-paying customers, such as renters or workers. A good faith effort to reach consumers would include a mix of methods appropriate to the particular system, such as:

(a) Posting the reports on the Internet;

(b) Mailing to postal patrons in metropolitan areas;

(c) Advertising the availability of the report in the news media;

(d) Publication in a local newspaper;

(e) Posting in public places such as cafeterias or lunch rooms of public buildings;

(f) Delivery of multiple copies for distribution by single-biller customers such as apartment buildings or large private employers; or

(g) Delivery to community organizations.

(3) Not later than the date the system is required to distribute the report to its customers, each supplier of water for a community water system shall mail a copy of the report to the Approving Authority, followed within 3 months by a certification that the report has been distributed to customers, and that the information is correct and consistent with the compliance monitoring data previously submitted to the Approving Authority.

(4) Not later than the date the system is required to distribute the report to its customers, each community water system shall deliver the report to any other agency or clearinghouse identified by the Approving Authority.

(5) Each community water system shall make its reports available to the public upon request.

(6) Each community water system serving 100,000 or more persons shall post its current year's report to a publicly accessible site on the Internet.

(7) Any supplier of water subject to this regulation shall retain copies of its consumer confidence report for not less than 3 years.

H. The requirement of §G(1), (5) and (6) of this regulation for a supplier of water to a community water system serving less than 10,000 persons has been waived. These systems shall:

(1) Publish the reports in one or more local newspapers serving the area in which the system is located;

(2) Publish a notice in the newspaper, or by other means approved by the State, that informs the customers that the reports will not be mailed; and

(3) Make the reports available to the public upon request.

I. Supplier of water to systems serving 500 or fewer persons may forego the requirements of §H(1) and (2) of this regulation if they provide notice at least once per year to their customers by mail, by door-to-door delivery, or by posting in an appropriate location, that the report is available upon request.