310 CMR 22.16
Table 6 identifies the tier assignment for each specific violation or situation.
310 CMR 22.16: Table 5
Violation Categories and Other Situations Requiring a Tier 3 Public Notice
1. Monitoring violations under 310 CMR 22.00, except where a Tier 1 notice is required
under 310 CMR 22.16(2) or where the Department determines that a Tier 2 notice is
required;
2. Failure to comply with a testing procedure established in 310 CMR 22.00, except
where a Tier 1 notice is required under 310 CMR 22.16(2) or where the Department
determines that a Tier 2 notice is required;
3. Operation under a variance granted under 310 CMR 22.13, 22.13A or an exemption
granted under 310 CMR 22.14;
4. Availability of unregulated contaminant monitoring results, as required under
310 CMR 22.16(7);
5. Exceedance of the fluoride Secondary Maximum Contaminant Level (SMCL), as
required under 310 CMR 22.16(8); and
6. Reporting and Recordkeeping violations under 310 CMR 22.05.
(b) Timeframe Required for Tier 3 Notification.
1. a. Unless otherwise determined by the Department, each supplier of water shall
provide the public notice not later than one year after the public water system learns
of the violation or situation or begins operating under a variance or exemption.
b. Following the initial notice, the supplier shall repeat the notice annually for as
long as the violation, variance, exemption, or other situation persists.
22.16: continued
c. If the public notice is posted, the notice shall remain in place for as long as the
violation, variance, exemption, or other situation persists, but in no case less than
seven days (even if the violation or situation is resolved).
2. If approved by the Department under 310 CMR 22.16(4)(b)1., instead of individual
Tier 3 public notices, a supplier of water may use an annual report detailing all violations
and situations that occurred during the previous 12 months, as long as the timing
requirements of 310 CMR 22.16(4)(b)1. are met and the format is approved by the
Department.
(c) Form and Manner of Public Notice. Each supplier of water who is required to give
Tier 3 notice shall provide the initial public notice and any repeat notices in a form and
manner that is reasonably calculated to reach Persons served in the required time period. The
form and manner of the public notice may vary based on the specific situation and type of
water system, but it shall at a minimum meet the following requirements:
1. Unless directed otherwise by the Department in writing, community water systems
shall provide notice by:
a. Mail or other direct delivery to each customer receiving a bill and to other service
connections to which water is delivered by the public water system; and
b. Any other method reasonably calculated to reach other Persons regularly served
by the system, if they would not normally be reached by the notice required in
310 CMR 22.16(4)(c)1.a. Other Persons may include those who do not pay water
bills or do not have service connection addresses (e.g., house renters, apartment
dwellers, university students, nursing home patients, prison inmates, etc.). Other
methods may include: Publication in a local newspaper; delivery of multiple copies
for distribution by customers that provide their drinking water to others (e.g.,
apartment building owners or large private employers); posting in public places
served by the system or on the Internet; or delivery to community organizations.
2. Unless directed otherwise by the Department in writing, the owner/operator of a
non-community water system shall provide notice by:
a. Posting the notice in conspicuous locations throughout the distribution system
frequented by Persons served by the system, or by mail or direct delivery to each
customer and service connection (where known); and
b. Any other method reasonably calculated to reach other Persons served by the
system if they would not normally be reached by the notice required in 310 CMR
22.16(4)(c)2.a. Other Persons may include those served who may not see a posted
notice because the posted notice is not in a location they routinely pass by. Other
methods may include: Publication in a local newspaper or newsletter distributed to
customers; use of E-mail to notify employees or students; or, delivery of multiple
copies in central locations (e.g., community centers).
(d) If approved by the Department, the supplier of water may use the Consumer Confidence
Report (CCR) required under 310 CMR 22.16A as a vehicle for the initial Tier 3 public
notice and all required repeat notices, as long as:
1. The CCR is provided to Persons served no later than 12 months after the system
learns of the violation or situation as required under 310 CMR 22.16(4)(b);
2. The Tier 3 notice contained in the CCR follows the content requirements under
310 CMR 22.16(5); and
3. The CCR is distributed following the delivery requirements under 310 CMR
22.16(4)(c)1.
(5) Public Notice Content.
(a) When a Supplier of Water violates 310 CMR 22.00 or has a situation requiring public
notification, each public notice shall include the following elements:
1. Public Water System name, Public Water System identification number (PWSID#);
2. A description of the violation or situation, including the contaminant(s) of concern,
and (as applicable) the contaminant level(s);
3. When the violation or situation occurred;
4. Any potential adverse health effects from the violation or situation, including the
standard language under 310 CMR 22.16(5)(d)1. or 2., whichever is applicable;
5. The population at risk, including subpopulations particularly vulnerable if exposed
to the contaminant in their drinking water;
22.16: continued
6. Whether alternative water supplies should be used;
7. What actions consumers should take, including when they should seek medical help,
if known;
8. What the system is doing to correct the violation or situation;
9. When the water system expects to return to compliance or resolve the situation;
10 The name, business address, and phone number of the water system owner, operator,
or designee of the Public Water System as a source of additional information concerning
the notice; and
11. A statement to encourage the notice recipient to distribute the public notice to other
Persons served, using the standard language under 310 CMR 22.16(5)(d)3., where
applicable.
(b) Public Notice Requirements for Systems Operating under a Variance or Exemption.
1. If a Supplier of Water has been granted a variance or an exemption, the public notice
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 of the variance or
exemption.
2. If a Supplier of Water violates the conditions of a variance or exemption, the public
notice shall contain the 11 elements listed in 310 CMR 22.16(5)(a).
(c) Public Notice Presentation.
1. Each public notice required by 310 CMR 22.16(5):
a. Shall be displayed in a conspicuous way when printed or posted;
b. Shall not contain overly technical language or very small print;
c. Shall not be formatted in a way that defeats the purpose of the notice;
d. Shall not contain language which nullifies the purpose of the notice.
2. Multilingual Requirements.
a. For a Supplier of Water serving a large proportion of non-English speaking
consumers, as determined in 310 CMR 22.16A, the public notice shall contain
information in the appropriate language(s) 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 of the notice or to request assistance in the
appropriate language.
b. In cases where the Department has not determined what constitutes a large
proportion of non-English speaking consumers, the Supplier of Water shall include
in the public notice the same information as in 310 CMR 22.16(5)(c)2.a., where
appropriate to reach a large proportion of non-English speaking Persons served by
the water system.
(d) Standard Language.
1. Standard health effects language for MCL or MRDL violations, Treatment Technique
violations, and violations of the condition of a variance or exemption. Each Supplier of
Water shall include in each public notice the health effects language specified in
310 CMR 22.16: Table 7 of corresponding to each MCL, MRDL, and Treatment
Technique violation listed in 310 CMR 22.16: Table 6, and for each violation of a
condition of a variance or exemption.
2. Standard language for monitoring and testing procedure violations. Each Supplier
of Water shall include the following language in their notice, including the language
necessary to fill in the blanks, for all monitoring testing procedure violations listed in
310 CMR 22.16: Table 6:
"We are required to monitor your drinking water for specific contaminants on a
regular basis. Results of regular monitoring are an indicator of whether or not
your drinking water meets health standards. During [compliance period], we
"did not monitor or test" or "did not complete all monitoring or testing" for
[contaminant(s)], and therefore cannot be sure of the quality of your drinking
water during that time."
22.16: continued
3. Standard language to encourage the distribution of the public notice to all Persons
served. Each Supplier of Water shall include in their notice the following language
(where applicable):
"Please share this information with all the other people who drink this water,
especially those who may not have received this notice directly (for example,
people in apartments, nursing homes, schools, and businesses). You can do this
by posting this notice in a public place or distributing copies by hand or mail."
(6) Notice to New Billing Units or New Customers.
(a) The owner/operator of a Community Water System shall give a copy of the most recent
public notice for any continuing violation, the existence of a variance or exemption, or other
ongoing situations requiring a public notice to all new billing units or new customers prior
to or at the time service begins.
(b) The owner/operator of a Non-community Water System shall continuously post the
public notice in conspicuous locations as specified by the Department in order to inform new
consumers of any continuing violation, variance or exemption, or other situation requiring
a public notice for as long as the violation, variance, exemption, or other situation persists.
(7) Special Notice of the Availability of Unregulated Contaminant Monitoring Results.
(a) The owner or operator of a community water system or non-transient non-community
water system required to monitor under 310 CMR 22.07C or the EPA Unregulated
Contaminant Monitoring Rule shall notify Persons served by the system of the availability
of the results of such sampling no later than 12 months after the monitoring results are
known.
(b) The form and manner of the public notice shall follow the requirements for a Tier 3
public notice prescribed in 310 CMR 22.16(4)(c), (d)1. and (d)3. The notice shall also
identify a person and provide the telephone number to contact for information on the
monitoring results.
(8) Special Notice for Exceedance of the SMCL for Fluoride.
(a) Community water systems that exceed the fluoride secondary maximum contaminant
level (SMCL) of two mg/l as specified in 310 CMR 22.06C (determined by the last single
sample taken in accordance with 310 CMR 22.06(6)(h), but do not exceed the maximum
contaminant level (MCL) of four mg/l for fluoride (as specified in 310 CMR 22.06(4)1., shall
provide the public notice in 310 CMR 22.16(8)(c) to Persons served. Public notice shall be
provided as soon as practical but no later than 12 months from the day the supplier of water
learns of the exceedance. A copy of the notice shall also be sent to all new billing units and
new customers at the time service begins and to the Massachusetts Department of Public
Health. The supplier of water shall repeat the notice at least annually for as long as the
SMCL is exceeded. If the public notice is posted, the notice shall remain in place for as long
as the SMCL is exceeded, but in no case less than seven days (even if the exceedance is
eliminated). On a case-by-case basis, the Department may require an initial notice sooner
than 12 months and repeat notices more frequently than annually.
(b) The form and manner of the public notice (including repeat notices) shall follow the
requirements for a Tier 3 public notice in 310 CMR 22.16(4)(d)3.
(c) The notice shall contain the following language, including the language necessary to fill
in the blanks:
"This is an alert about your drinking water and a cosmetic dental problem that might
affect children younger than nine years old. At low levels, fluoride can help prevent
cavities, but children drinking water containing more than two milligrams per liter
(mg/l) of fluoride may develop cosmetic discoloration of their permanent teeth
(dental fluorosis). The drinking water provided by your community water system
[name] has a fluoride concentration of [insert value] mg/l.
Dental fluorosis, in its moderate or severe forms, may result in a brown staining
and/or pitting of the permanent teeth. This problem occurs only in developing teeth,
before they erupt from the gums. Children younger than nine years old should be
provided with alternative sources of drinking water or water that has been treated to
remove the fluoride to avoid the possibility of staining and pitting of their permanent
teeth. You may also want to contact your dentist about proper use by young children
of fluoride-containing products. Older children and adults may safely drink the
water.
22.16: continued
Drinking water containing more than four mg/L of fluoride (the U.S.
Environmental Protection Agency's drinking water standard) can increase your risk
of developing bone disease. Your drinking water does not contain more than four
mg/l of fluoride, but we're required to notify you when we discover that the fluoride
levels in your drinking water exceed two mg/l because of this cosmetic dental
problem.
For more information, please call [name of water system contact] of [name of
community water system] at [phone number]. Some home water treatment units are
also available to remove fluoride from drinking water. To learn more about available
home water treatment units, you may call NSF International at 1-877-8-NSF-HELP."
(9) Special Notice for Nitrate Exceedance above MCL by Non-community Water Systems,
Where Granted Permission by the Department.
(a) The owner or operator of a non-community water system granted permission by the
Department under 310 CMR 22.13 and 22.13A to exceed the nitrate MCL shall provide
notice to Persons served according to the requirements for a Tier 1 notice under 310 CMR
22.16(2)(b) and (c).
(b) Form and Manner of the Special Notice. The owner/operator of a non-community water
system granted permission by the Department to exceed the nitrate MCL under 310 CMR
22.06 shall provide continuous posting of the fact that nitrate levels exceed ten mg/l and the
potential health effects of exposure, according to the requirements for Tier 1 notice delivery
under 310 CMR 22.16(2)(c) and the content requirements under 310 CMR 22.16(5).
(10) Notice by Department in Behalf of the Supplier of Water.
(a) The Department may give the notice required by 310 CMR 22.16 on behalf of the owner
and operator of the public water system if the Department complies with the requirements
of 310 CMR 22.16.
(b) The owner or operator of the public water system remains legally responsible for
ensuring that the requirements of 310 CMR 22.16 are met.
(11) Public Notification by the Department for any Public Water System Subject to 310 CMR
22.00.
(a) The Department may require a supplier of water or any person subject to 310 CMR
22.00 to provide public notice for any violation of 310 CMR 22.00, the content of which
shall either satisfy the requirements of 310 CMR 22.16(5), and/or be approved by the
Department, prior to publication. The supplier of water remains legally responsible for
ensuring that the requirements of 310 CMR 22.16 are met.
(b) The Department reserves the right to give notice to the public when not required by
310 CMR 22.16 in the event of a significant health problem. The supplier of water shall be
responsible for all fees incurred by the Department as a result such notice.
22.16: continued
310 CMR 22.16 - Table 6
Violations and Other Situations Requiring Public Notice 1
Contaminant
MCL/MRDL/TT violations 2
Monitoring & testing procedure
violations
Tier of
public
notice
required
Citation
Tier of
public
notice
required
Citation
I. Violations of National Primary Drinking Water Regulations and 310 CMR 22.003
A. Microbiological Contaminants
1.a. Total coliform (TT violations resulting
from failure to perform assessments or
corrective actions, monitoring violations, and
reporting violations).
310 CMR
22.05(11)(b)1.
310 CMR 22.05(11)(c)1.
310 CMR 22.05(11)(d)1.
1.b. Seasonal System failure to follow
Department-approved start-up plan prior to
serving water to the public or failure to
provide certification to the State.
310 CMR
22.05(11)(b)(2)
310 CMR 22.05(11)(d)3.
2.a. E. coli (MCL, monitoring, and reporting
violations).
310 CMR 22.05(11)(a)
310 CMR 22.05(11)(c)2.
310 CMR 22.05(11)(d)1.
310 CMR 22.05(11)(d)2.
2.b. E. coli (TT violations resulting from
failure to perform Level 2 Assessments or
corrective action).
310 CMR
22.05(11)(b)1.
____
______
3. Turbidity MCL.
310 CMR 22.08
310 CMR 22.20A
310 CMR 22.20D
310 CMR 22.08
310 CMR 22.20A
310 CMR 22.20D
4. Turbidity MCL (average of 2 days'
samples > five NTU).
2, 1
310 CMR 22.08
310 CMR 22.20A
310 CMR 22.08
310 CMR 22.20A
5. Turbidity (for TT violations resulting from
a single exceedance of maximum allowable
Turbidity level).
2, 1
310 CMR 22.08
310 CMR 22.20A
310 CMR 22.20D
310 CMR 22.20F
310 CMR 22.08
310 CMR 22.20A
310CMR 22.20D
310 CMR 22.20F
6. Surface Water Treatment Rule violations,
other than violations resulting from single
exceedance of max. allowable Turbidity level
(TT).
310 CMR 22.20A
310 CMR 22.20A
7. Interim Enhanced Surface Water
Treatment Rule violations, other than
violations resulting from single exceedance
of max. Turbidity level (TT).
310 CMR 22.20D
310 CMR 22.20D
8. Filter Backwash Recycling Rule.
310 CMR 22.20E(3)
310 CMR 22.20E(2) and (4)
9. Long Term 1 Enhanced Surface Water
Treatment Rule.
310 CMR 22.20F
310 CMR 22.20F
10. Long Term 2 Enhanced Surface Water
Treatment Rule violations.
310 CMR 22.20G
(11) through (23)
2, 3
310 CMR 22.20G(2) through
(6), (9) and (10)
11. Ground Water Rule violations.
310 CMR 22.26(5)
310 CMR 22.26(3)( h)
310 CMR 22.26(4)(d)
22.16: continued
Contaminant
MCL/MRDL/TT violations 2
Monitoring & testing procedure
violations
Tier of
public
notice
required
Citation
Tier of
public
notice
required
Citation
B. Inorganic Chemicals (IOCs)
1. Antimony
310 CMR 22.06
310 CMR 22.06
2. Arsenic
310 CMR 22.06
310 CMR 22.06
3. Asbestos (fibers > 10 :m)
310 CMR 22.06
310 CMR 22.06
4.Barium
310 CMR 22.06
310 CMR 22.06
5. Beryllium
310 CMR 22.06
310 CMR 22.06
6. Cadmium
310 CMR 22.06
310 CMR 22.06
7. Chromium (total)
310 CMR 22.06
310 CMR 22.06
8. Cyanide
310 CMR 22.06
310 CMR 22.06
9. Fluoride
310 CMR 22.06
310 CMR 22.06
10. Mercury (inorganic)
310 CMR 22.06
310 CMR 22.06
11. Nitrate
310 CMR 22.06
310 CMR 22.06
12. Nitrite
310 CMR 22.06
310 CMR 22.06
13. Total Nitrate and Nitrite
310 CMR 22.06
310 CMR 22.06
14. Perchlorate
310 CMR 22.06
310 CMR 22.06
15. Selenium
310 CMR 22.06
310 CMR 22.06
16. Thallium
310 CMR 22.06
310 CMR 22.06
C. Lead and Copper Rule (Action Level for lead is 0.015 mg/L, for copper is 1.3 mg/L)
1. Lead and Copper Rule (TT)
310 CMR 22.06B
310 CMR 22.06B
D. Synthetic Organic Chemicals (SOCs)
1. 2,4-D
310 CMR 22.07A
310 CMR 22.07A
2. 2,4,5-TP (Silvex)
310 CMR 22.07A
310 CMR 22.07A
3. Alachlor
310 CMR 22.07A
310 CMR 22.07A
4. Atrazine
310 CMR 22.07A
310 CMR 22.07A
5. Benzo(a)pyrene (PAHs)
310 CMR 22.07A
310 CMR 22.07A
6. Carbofuran
310 CMR 22.07A
310 CMR 22.07A
7. Chlordane
310 CMR 22.07A
310 CMR 22.07A
8. Dalapon
310 CMR 22.07A
310 CMR 22.07A
9. Di-(2-ethylhexyl) adipate
310 CMR 22.07A
310 CMR 22.07A
10. Di-(2-ethylhexyl) phthalate
310 CMR 22.07A
310 CMR 22.07A
11. Dibromochloropropane
310 CMR 22.07A
310 CMR 22.07A
12. Dinoseb
310 CMR 22.07A
310 CMR 22.07A
13. Dioxin (2,3,7,8-TCDD)
310 CMR 22.07A
310 CMR 22.07A
14. Diquat
310 CMR 22.07A
310 CMR 22.07A
15. Endothall
310 CMR 22.07A
310 CMR 22.07A
16. Endrin
310 CMR 22.07A
310 CMR 22.07A
17. Ethylene dibromide
310 CMR 22.07A
310 CMR 22.07A
18. Glyphosate
310 CMR 22.07A
310 CMR 22.07A
19. Heptachlor
310 CMR 22.07A
310 CMR 22.07A
20. Heptachlor epoxide
310 CMR 22.07A
310 CMR 22.07A
21. Hexachlorobenzene
310 CMR 22.07A
310 CMR 22.07A
22. Hexachlorocyclo-pentadiene
310 CMR 22.07A
310 CMR 22.07A
23. Lindane
310 CMR 22.07A
310 CMR 22.07A
24. Methoxychlor
310 CMR 22.07A
310 CMR 22.07A
25. Oxamyl (Vydate)
310 CMR 22.07A
310 CMR 22.07A
22.16: continued
Contaminant
MCL/MRDL/TT violations 2
Monitoring & testing procedure
violations
Tier of
public
notice
required
Citation
Tier of
public
notice
required
Citation
26. Pentachlorophenol
310 CMR 22.07A
310 CMR 22.07A
27. Picloram
310 CMR 22.07A
310 CMR 22.07A
28. Polychlorinated biphenyls (PCBs)
310 CMR 22.07A
310 CMR 22.07A
29. Simazine
310 CMR 22.07A
310 CMR 22.07A
30. Toxaphene
310 CMR 22.07A
310 CMR 22.07A
E. Volatile Organic Chemicals (VOCs)
1. Benzene
310 CMR 22.07B
310 CMR 22.07B
2. Carbon tetrachloride
310 CMR 22.07B
310 CMR 22.07B
3. Chlorobenzene (monochlorobenzene)
310 CMR 22.07B
310 CMR 22.07B
4. o-Dichlorobenzene
310 CMR 22.07B
310 CMR 22.07B
5. p-Dichlorobenzene
310 CMR 22.07B
310 CMR 22.07B
6. 1,2-Dichloroethane
310 CMR 22.07B
310 CMR 22.07B
7. 1,1-Dichloroethylene
310 CMR 22.07B
310 CMR 22.07B
8. cis-1,2-Dichloroethylene
310 CMR 22.07B
310 CMR 22.07B
9. trans-1,2-Dichloroethylene
310 CMR 22.07B
310 CMR 22.07B
10. Dichloromethane
310 CMR 22.07B
310 CMR 22.07B
11. 1,2-Dichloropropane
310 CMR 22.07B
310 CMR 22.07B
12. Ethylbenzene
310 CMR 22.07B
310 CMR 22.07B
13. Styrene
310 CMR 22.07B
310 CMR 22.07B
14. Tetrachloroethylene
310 CMR 22.07B
310 CMR 22.07B
15. Toluene
310 CMR 22.07B
310 CMR 22.07B
16. 1,2,4-Trichlorobenzene
310 CMR 22.07B
310 CMR 22.07B
17. 1,1,1-Trichloroethane
310 CMR 22.07B
310 CMR 22.07B
18. 1,1,2-Trichloroethane
310 CMR 22.07B
310 CMR 22.07B
19. Trichloroethylene
310 CMR 22.07B
310 CMR 22.07B
20. Vinyl chloride
310 CMR 22.07B
310 CMR 22.07B
21. Xylenes (total)
310 CMR 22.07B
310 CMR 22.07B
F. Radioactive Contaminants
1. Beta/photon emitters
310 CMR 22.09A
310 CMR 22.09A
2. Alpha emitters
310 CMR 22.09A
310 CMR 22.09A
3. Combined radium (226 & 228)
310 CMR 22.09A
310 CMR 22.09A
4. Uranium
310 CMR 22.09A
310 CMR 22.09A
11, 12
G. Disinfection Byproducts (DBPs), Byproduct Precursors, Disinfectant Residuals. Where Disinfection used in the
treatment of drinking water, Disinfectants combine with organic and inorganic matter present in water to form chemicals
called Disinfection byproducts (DBPs). EPA sets standards for controlling the levels of Disinfectants and DBPs in drinking
water, including Trihalomethanes (THMs) and haloacetic acid (HAAs).13
1. Total Trihalomethanes (TTHMs)
310 CMR 22.07E
310 CMR 22.07E
2. Haloacetic Acids (HAA5)
310 CMR 22.07E
310 CMR 22.07E
3. Bromate
310 CMR 22.07E
310 CMR 22.07E
4. Chlorite
310 CMR 22.07E
310 CMR 22.07E
5. Chlorine (MRDL)
310 CMR 22.07E
310 CMR 22.07E
6. Chloramines (MRDL)
310 CMR 22.07E
310 CMR 22.07E
7. Chlorine dioxide (MRDL) where any two
consecutive daily samples at entrance to
Distribution System only are above MRDL
310 CMR 22.07E
310 CMR 22.07E
22.16: continued
Contaminant
MCL/MRDL/TT violations 2
Monitoring & testing procedure
violations
Tier of
public
notice
required
Citation
Tier of
public
notice
required
Citation
8. Chlorine dioxide (MRDL), where
sample(s) in Distribution System the next day
are also above MRDL
310 CMR 22.07E
310 CMR 22.07E
9. Control of DBP precursors TOC (TT)
310 CMR 22.07E
310 CMR 22.07E
10. Bench marking and Disinfection profiling
N/A
N/A
310 CMR 22.07F
11. Development of monitoring plan
N/A
N/A
310 CMR 22.07E
H. Other Treatment Techniques
1. Acrylamide (TT)
310 CMR 22.04(10)
N/A
310 CMR 22.04(10)
2. Epichlorohydrin (TT)
310 CMR 22.04(10)
N/A
310 CMR 22.04(10)
II. Unregulated Contaminant Monitoring: 16
A. Unregulated contaminants
N/A
N/A
310 CMR 22.07C
B. Nickel
N/A
N/A
310 CMR 22.06
III. Public Notification for Variances and Exemptions:
A. Operation under a variance or exemption
310 CMR 22.13
310 CMR 22.14
N/A
N/A
B. Violation of conditions of a variance or
exemption
310 CMR 22.13
310 CMR 22.14
N/A
N/A
IV. Other Situations Requiring Public Notification:
A. Fluoride Secondary Maximum
Contaminant level (SMCL) exceedance
310 CMR 22.06C
N/A
N/A
B. Exceedance of nitrate MCL for non-
community systems, as allowed by the
Department.
310 CMR 22.13
310 CMR 22.13A
N/A
N/A
C. Availability of unregulated contaminant
monitoring data
310 CMR 22.07C
N/A
N/A
D. Waterborne Disease Outbreak
N/A
N/A
N/A
E. Other waterborne or water supply
emergency .
N/A
N/A
N/A
F. Other situations as determined by the
Department
1, 2, 3
N/A
N/A
N/A
G. Sodium
N/A
N/A
310 CMR 22.06A
H. Source water sample positive for Ground
Water Rule fecal indicators: E.coli,
enterococci, or colliphage
310 CMR 22.26(3)(g)
N/A
N/A
I. Change or failure of Treatment Technique
or practice (TT)
310 CMR 22.04(4)
N/A
310 CMR 22.04(4)
J. Ground Water Rule Significant Deficiency
or source water fecal contamination
310 CMR 22.16(13)
N/A
N/A
Table 6 - Endnotes
1.
Violations and other situations not listed in this table (e.g. failure to prepare Consumer Confidence Reports), do
not require notice, unless otherwise determined by the Department. The Department may, at its option, also
require a more stringent public notice tier (e.g., Tier 1 instead of Tier 2 or Tier 2 instead of Tier 3) for specific
violations and situations listed in this Table, as authorized under 310 CMR 22.16(2)(a) and (3)(a).
22.16: continued
2.
MCL-Maximum contaminant level, MRDL-Maximum Residual Disinfectant Level, TT-Treatment Technique.
3.
The term Violations of 310 CMR 22.00 is used here to include violations of MCL, MRDL, Treatment Technique,
monitoring, and testing procedure requirements.
4.
Failure to test for fecal coliform or E. coli is a Tier 1 violation if testing is not done after any repeat sample tests
positive for coliform. All other total coliform monitoring and testing procedure violations are Tier 3.
5.
Systems that violate the Turbidity MCL of five NTU based on an average of measurements over two consecutive
days shall consult with the Department within 24 hours after learning of the violation. Based on this consultation,
the Department may subsequently decide to elevate the violation to Tier 1. If a system is unable to make contact
with the Department in the 24-hour period, the violation is automatically elevated to Tier 1.
6.
Systems with Treatment Technique violations involving a single exceedance of a maximum Turbidity limit under
310 CMR 22.20A, the Surface Water Treatment Rule (SWTR), 310 CMR 22.20D, the Interim Enhanced Surface
Water Treatment Rule (IESWTR), or 310 CMR 22.20F, the Long Term 1 Enhanced Surface Water Treatment
Rule, are required to consult with the Department within 24 hours after learning of the violation. Based on this
consultation, the Department may subsequently decide to elevate the violation to Tier 1. If a system is unable
to make contact with the Department in the 24-hour period, the violation is automatically elevated to Tier 1.
7.
Most of the requirements of the Interim Enhanced Surface Water Treatment Rule 310 CMR 22.20D become
effective January 1, 2002 for Surface Water Sources systems (surface water systems and groundwater systems
under the direct influence of surface water) serving at least 10,000 persons. However, 310 CMR 22.20D has
some requirements that become effective as early as April 16, 1999. The Surface Water Treatment Rule,
310 CMR 22.20A, remains in effect for some systems serving at least 10,000 persons even after 2002; the Interim
Enhanced Surface Water Treatment Rule, 310 CMR 22.20D, adds additional requirements and does not in many
cases supersede the SWTR.
8.
The arsenic MCL citations are effective January 23, 2006.
9.
The arsenic Tier 3 violation citations are effective January 23, 2006.
10.
Failure to take a confirmation sample within 24 hours for nitrate, nitrite or perchlorate after an initial sample
exceeds the MCL is a Tier 1 violation. Other monitoring violations for nitrate, nitrite or perchlorate are Tier 3.
11.
The uranium MCL Tier 2 violation citations are effective December 8, 2003 for all Community Water Systems.
12.
The uranium MCL Tier 3 violation citations are effective December 8, 2003 for all Community Water Systems.
13.
Community and non-transient non-community Surface Water Sources systems (surface water systems and
groundwater systems under the direct influence of surface water) serving at least 10,000 persons shall comply
with the new DBP MCLs, Disinfectant MRDLs, and related monitoring requirements beginning January 1, 2002.
All other Community and Non-transient Non-community Water Systems shall meet the MCLs and MRDLs
beginning January 1, 2004. Transient non-community Surface Water Sources systems (surface water systems
and groundwater systems under the direct influence of surface water) serving at least 10,000 persons using
chlorine dioxide as a Disinfectant or oxidant shall comply with the chlorine dioxide MRDL beginning
January 1, 2002. Transient non-community Surface Water Sources systems (surface water systems and
groundwater systems under the direct influence of surface water) serving at least 10,000 persons and Transient
Non-community Water Systems serving fewer than 10,000 persons and Transient Non-community Water Systems
using only groundwater not under the direct influence of surface water and using chlorine dioxide as a
Disinfectant or oxidant shall comply with the chlorine dioxide MRDL beginning January 1, 2004.
14.
Failure to monitor for chlorine dioxide at the entrance to the Distribution System the day after exceeding the
MRDL at the entrance to the Distribution System is a Tier 2 violation.
15.
If any daily sample taken at the entrance to the Distribution System exceeds the MRDL for chlorine dioxide and
one or more samples taken in the Distribution System the next day exceed the MRDL, Tier 1 notification is
required. Failure to take the required samples in the Distribution System after the MRDL is exceeded at the entry
point also triggers Tier 1 notification.
16.
Some water systems shall monitor for certain unregulated contaminants listed in 310 CMR 22.07C.
17.
This citation refers to 310 CMR 22.13 and 22.14 and requires that "a schedule prescribed for a Public Water
System granted a variance [or exemption] shall require compliance by the system".
18.
In addition, 310 CMR 22.13A specifies the items and schedule milestones that shall be included in a variance
for small systems.
19.
Other waterborne Emergencies require a Tier 1 Public Notice under 310 CMR 22.16 (2)(a)7. for situations that
do not meet the definition of a Waterborne Disease Outbreak given in 310 CMR 22.02(1) but that still have the
potential to have serious adverse effects on health as a result of short-term exposure. These could include
outbreaks not related to treatment deficiencies, as well as situations that have the potential to cause outbreaks,
such as failures or significant interruption in water treatment processes, natural disasters that disrupt the water
supply or Distribution System, chemical spills, or unexpected loading of possible pathogens into the source
water.
20.
The Department may place other situations in any tier they believe appropriate, based on threat to public health.
21.
Failure to collect three or more samples for Cryptosporidium analysis is a Tier 2 violation requiring special notice
as specified in 310 CMR 22.16(12). All other monitoring and testing procedure violations are Tier 3.
22.16: continued
310 CMR 22.16: Table 7
Standard Health Effects Language for Public Notification
Contaminant
MCLG mg/l
MCL mg/l
Standard health effects language for public
notification
National Primary Drinking Water Regulations (NPDWR) and Massachusetts Drinking Water Regulations:
A. Microbiological Contaminants:
1a. Coliform Assessment
and/or Corrective Action
Violations
N/A
TT
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 assessments to identify
problems and to correct any problems that are
found. [THE SYSTEM MUST USE THE
FOLLOWING APPLICABLE SENTENCES.]
We failed to conduct the required assessment.
We failed to correct all identified sanitary
defects that were found during the assessment(s).
1b. E. coli
Zero
MCL violation if any of
the following:
(1) The system has an E.
coli-positive repeat
sample following a total
coliform- positive routine
sample.
(2) The system has a total
coliform-positive repeat
sample following an E.
coli-positive routine
sample.
(3) The system fails to
take all required repeat
samples following an E.
coli- positive routine
sample.
(4) The system fails to test
for E. coli when any
repeat sample tests
positive for total coliform.
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.
1c. Fecal indicators (GWR)
i. E.coli
ii. enterococci
iii. coliphage
Zero
None
None
TT
TT
TT
Fecal indicators are microbes whose presence
indicates that the water may be contaminated with
human or animal wastes. Microbes in these wastes
can cause short-term, health effects, such as
diarrhea, cramps, nausea, headaches, or other
symptoms. They may pose a special health risk for
infants, young children, some of the elderly, and
people with severely compromised immune systems.
22.16: continued
Contaminant
MCLG mg/l
MCL mg/l
Standard health effects language for public
notification
National Primary Drinking Water Regulations (NPDWR) and Massachusetts Drinking Water Regulations:
1d. Ground Water Rule (GWR)
TT violations
None
TT
Inadequately treated or inadequately protected water
may contain disease-causing organisms. These
organisms can cause symptoms such as diarrhea,
nausea, cramps, and associated headaches.
1e. E. coli Assessment and/or
Corrective Action Violations
N/A
TT
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 violated the standard for E.
coli, indicating the need to look for potential
problems in water treatment or distribution. When
this occurs, we are required to conduct a detailed
assessment to identify problems and to correct any
problems that are found.
[THE SYSTEM MUST USE THE FOLLOWING
APPLICABLE SENTENCES.]
We failed to conduct the required assessment.
We failed to correct all identified sanitary
defects that were found during the assessment that
we conducted.
1f. Seasonal System TT
Violations
N/A
TT
When this violation includes the failure to monitor
for total coliforms or E. coli prior to serving water
to the public, the mandatory language found at
310 CMR 22.16(5)(d)2. must be used.
When this violation includes failure to complete
other actions, the appropriate elements found in
310 CMR 22.16(5)(a) to describe the violation must
be used.
2a. Turbidity (MCL)
None
one NTU
five NTU
Turbidity has no health effects. However, turbidity
can interfere with disinfection and provide a
medium for microbial growth. Turbidity may
indicate the presence of disease-causing organisms.
These organisms include bacteria, Viruses, and
parasites that can cause symptoms such as nausea,
cramps, diarrhea and associated headaches.
2b. Turbidity (SWTR TT)
None
TT
Turbidity has no health effects. However, turbidity
can interfere with disinfection and provide a
medium for microbial growth. Turbidity may
indicate the presence of disease-causing organisms.
These organisms include bacteria, Viruses, and
parasites that can cause symptoms such as nausea,
cramps, diarrhea and associated headaches.
2c. Turbidity (IESWTR TT)
and LT1ESWTR TT) 8
None
TT
Turbidity has no health effects. However, turbidity
can interfere with disinfection and provide a
medium for microbial growth. Turbidity may
indicate the presence of disease-causing organisms.
These organisms include bacteria, Viruses, and
parasites that can cause symptoms such as nausea,
cramps, diarrhea and associated headaches.
22.16: continued
Contaminant
MCLG mg/l
MCL mg/l
Standard health effects language for public
notification
National Primary Drinking Water Regulations (NPDWR) and Massachusetts Drinking Water Regulations:
B. Surface Water Treatment Rule (SWTR), Interim Enhanced Surface Water Treatment Rule (IESWTR), Filter Backwash
Recycling Rule (FBRR) and Long Term 1 Enhanced Surface Water Treatment Rule (LT1ESWTR) violations:
3. Giardia lamblia
(SWTR/IESWTR/LT1ESWTR)
.
Zero
TT10
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.
4. Viruses (SWTR/IESWTR/
LT1ESWTR).
5. Heterotrophic plate count
(HPC) bacteria9
(SWTR/IESWTR/LT1ESWTR)
.
6. Legionella
(SWTR/IESWTR/LT1ESWTR)
.
7. Cryptosporidium
(IESWTR/LT1ESWTR/FBRR).
C. Inorganics
8. Antimony
Some people who drink water containing antimony
well in excess of the MCL over many years could
experience increases in blood cholesterol and
decreases in blood sugar.
9. Arsenic
None
Some people who drink water containing arsenic in
excess of the MCL over many years could
experience skin damage or problems with their
circulatory system, and may have an increased risk
of getting cancer.
10. Asbestos (fibers > 10 µm)
7MFL
7MFL
Some people who drink water containing asbestos in
excess of the MCL over many years may have an
increased risk of developing benign intestinal
polyps.
11. Barium
Some people who drink water containing barium in
excess of the MCL over many years could
experience an increase in their blood pressure.
12. Beryllium
Some people who drink water containing beryllium
well in excess of the MCL over many years could
develop intestinal lesions.
13. Cadmium
Some people who drink water containing cadmium
in excess of the MCL over many years could
experience kidney damage.
14. Chromium (total).
Some people who use water containing chromium
well in excess of the MCL over many years could
experience allergic dermatitis.
15. Cyanide
Some people who drink water containing cyanide
well in excess of the MCL over many years could
experience nerve damage or problems with their
thyroid.
16. Fluoride
Some people who drink water containing fluoride in
excess of the MCL over many years could get bone
disease, including pain and tenderness of the bones.
Fluoride in drinking water at half the MCL or more
may cause mottling of children's teeth, usually in
children younger than nine years old. Mottling, also
known as dental fluorosis, may include brown
staining and/or pitting of the teeth, and occurs only
in developing teeth before they erupt from the gums.
22.16: continued
Contaminant
MCLG mg/l
MCL mg/l
Standard health effects language for public
notification
National Primary Drinking Water Regulations (NPDWR) and Massachusetts Drinking Water Regulations:
17. Mercury (inorganic)
Some people who drink water containing inorganic
mercury well in excess of the MCL over many years
could experience kidney damage.
18. Nitrate
Infants younger than six months old who drink
water containing nitrate in excess of the MCL could
become seriously ill and, if untreated, may die.
Symptoms include shortness of breath and blue baby
syndrome.
19. Nitrite
Infants younger than six months oldwho drink water
containing nitrite in excess of the MCL could
become seriously ill and, if un-treated, may die.
Symptoms include shortness of breath and blue baby
syndrome.
20. Total Nitrate and Nitrite
Infants younger than six months old who drink
water containing nitrate and nitrite in excess of the
MCL could become seriously ill and, if untreated,
may die. Symptoms include shortness of breath and
blue baby syndrome.
21. Perchlorate
None
Perchlorate interferes with the normal function of
the thyroid gland and thus has the potential to affect
growth and development and could cause brain
damage and other adverse effects, particularly in
fetuses and infants.
22. Selenium
Selenium is an essential nutrient. However, some
people who drink water containing selenium in
excess of the MCL over many years could
experience hair or fingernail losses, numbness in
fingers or toes, or problems with their circulation.
23. Thallium
Some people who drink water containing thallium in
excess of the MCL over many years could
experience hair loss, changes in their blood, or
problems with their kidneys, intestines, or liver.
D. Lead and Copper Rule:
24. Lead
Zero
TT
Infants and children who drink water containing
lead in excess of the action level could experience
delays in their physical or mental development.
Children could show slight deficits in attention span
and learning abilities. Adults who drink this water
over many years could develop kidney problems or
high blood pressure.
25. Copper
TT
Copper is an essential nutrient, but some people
who drink water containing copper in excess of the
action level over a relatively short amount of time
could experience gastrointestinal distress. Some
people who drink water containing copper in excess
of the action level over many years could suffer
liver or kidney damage. People with Wilson's
Disease should consult their personal doctor.
E. Synthetic Organic Chemicals (SOCs):
26. 2,4-D
Some people who drink water containing the weed
killer 2,4-D well in excess of the MCL over many
years could experience problems with their kidneys,
liver, or adrenal glands.
22.16: continued
Contaminant
MCLG mg/l
MCL mg/l
Standard health effects language for public
notification
National Primary Drinking Water Regulations (NPDWR) and Massachusetts Drinking Water Regulations:
27. 2,4,5-TP (Silvex)
Some people who drink water containing silvex in
excess of the MCL over many years could
experience liver problems.
28. Alachlor
Zero
Some people who drink water containing alachlor in
excess of the MCL over many years could have
problems with their eyes, liver, kidneys, or spleen,
or experience anemia, and may have an increased
risk of getting cancer.
29. Atrazine
Some people who drink water containing atrazine
well in excess of the MCL over many years could
experience problems with their cardiovascular
system or reproductive difficulties.
30. Benzo(a)pyrene (PAHs).
Zero
Some people who drink water containing
benzo(a)pyrene in excess of the MCL over many
years may experience reproductive difficulties and
may have an increased risk of getting cancer.
31. Carbofuran
Some people who drink water containing carbofuran
in excess of the MCL over many years could
experience problems with their blood, or nervous or
reproductive systems.
32. Chlordane
Zero
Some people who drink water containing chlordane
in excess of the MCL over many years could
experience problems with their liver or nervous
system, and may have an increased risk of getting
cancer.
33. Dalapon
Some people who drink water containing dalapon
well in excess of the MCL over many years could
experience minor kidney changes.
34. Di (2-ethylhexyl) adipate
Some people who drink water containing di (2-
ethylhexyl) adipate well in excess of the MCL over
many years could experience general toxic effects or
reproductive difficulties.
35. Di (2-ethylhexyl) phthalate
Zero
Some people who drink water containing di (2-
ethylhexyl) phthalate in excess of the MCL over
many years may have problems with their liver, or
experience reproductive difficulties, and may have
an increased risk of getting cancer.
36. Dibromochloropropane
(DBCP)
Zero
Some people who drink water containing DBCP in
excess of the MCL over many years could
experience reproductive difficulties and may have
an increased risk of getting cancer.
37. Dinoseb
Some people who drink water containing dinoseb
well in excess of the MCL over many years could
experience reproductive difficulties.
38. Dioxin (2,3,7,8-TCDD)
Zero
3x10
Some people who drink water containing dioxin in
- 8
excess of the MCL over many years could
experience reproductive difficulties and may have
an increased risk of getting cancer.
39. Diquat
Some people who drink water containing diquat in
excess of the MCL over many years could get
cataracts.
40. Endothall
Some people who drink water containing endothall
in excess of the MCL over many years could
experience problems with their stomach or
intestines.
22.16: continued
Contaminant
MCLG mg/l
MCL mg/l
Standard health effects language for public
notification
National Primary Drinking Water Regulations (NPDWR) and Massachusetts Drinking Water Regulations:
41. Endrin
Some people who drink water containing endrin in
excess of the MCL over many years could
experience liver problems.
42. Ethylene dibromide
Zero
Some people who drink water containing ethylene
dibromide in excess of the MCL over many years
could experience problems with their liver, stomach,
reproductive system, or kidneys, and may have an
increased risk of getting cancer.
43. Glyphosate
Some people who drink water containing glyphosate
in excess of the MCL over many years could
experience problems with their kidneys or
reproductive difficulties.
44. Heptachlor
Zero
Some people who drink water containing heptachlor
in excess of the MCL over many years could
experience liver damage and may have an increased
risk of getting cancer.
45. Heptachlor epoxide
Zero
Some people who drink water containing heptachlor
epoxide in excess of the MCL over many years
could experience liver damage, and may have an
increased risk of getting cancer.
46. Hexachlorobenzene
Zero
Some people who drink water containing
hexachlorobenzene in excess of the MCL over many
years could experience problems with their liver or
kidneys, or adverse reproductive effects, and may
have an increased risk of getting cancer.
47. Hexachlorocyclopenta-
diene
Some people who drink water containing
hexachlorocyclopentadiene well in excess of the
MCL over many years could experience problems
with their kidneys or stomach.
48. Lindane
Some people who drink water containing lindane in
excess of the MCL over many years could
experience problems with their kidneys or liver.
49. Methoxychlor
Some people who drink water containing
methoxychlor in excess of the MCL over many
years could experience reproductive difficulties.
50. Oxamyl (Vydate)
Some people who drink water containing oxamyl in
excess of the MCL over many years could
experience slight nervous system effects.
51. Pentachlorophenol
Zero
Some people who drink water containing
pentachlorophenol in excess of the MCL over many
years could experience problems with their liver or
kidneys, and may have an increased risk of getting
cancer.
52. Picloram
Some people who drink water containing picloram
in excess of the MCL over many years could
experience problems with their liver.
53. Polychlorinated biphenyls
(PCBs).
Zero
Some people who drink water containing PCBs in
excess of the MCL over many years could
experience changes in their skin, problems with
their thymus gland, immune deficiencies, or
reproductive or nervous system difficulties, and may
have an increased risk of cancer.
54. Simazine
Some people who drink water containing simazine
in excess of the MCL over many years could
experience problems with their blood.
55. Toxaphene
Zero
Some people who drink water containing toxaphene.
in excess of the MCL over many years could have
problems with their kidneys, liver, or thyroid, and
22.16: continued
Contaminant
MCLG mg/l
MCL mg/l
Standard health effects language for public
notification
National Primary Drinking Water Regulations (NPDWR) and Massachusetts Drinking Water Regulations:
may have an increased risk of getting cancer.
F. Volatile Organic Chemicals (VOCs):
56. Benzene
Zero
Some people who drink water containing benzene in
excess of the MCL over many years could
experience anemia or a decrease in blood platelets,
and may have an increased risk of cancer.
57. Carbon tetrachloride
Zero
Some people who drink water containing carbon
tetrachloride in excess of the MCL over many years
could experience problems with their liver and may
have an increased risk of getting cancer.
58. Chlorobenzene
(monochloro- benzene)
Some people who drink water containing
chlorobenzene in excess of the MCL over many
years could experience problems with their liver or
kidneys.
59. o-Dichlorobenzene
Some people who drink water containing o-
dichlorobenzene well in excess of the MCL over
many years could experience problems with their
liver, kidneys, or circulatory systems.
60. p-Dichlorobenzene
Some people who drink water containing p-
dichlorobenzene in excess of the MCL over many
years could experience anemia, damage to their
liver, kidneys, or spleen, or changes in their blood.
61. 1,2-Dichloroethane
Zero 0.005
Some people who drink water containing 1,2-
dichloroethane in excess of the MCL over many
years may have an increased risk of getting cancer.
62. 1,1-Dichloroethylene
Some people who drink water containing 1,1-
dichloroethylene in excess of the MCL over many
years could experience problems with their liver.
63. cis-1,2- Dichloroethylene.
Some people who drink water containing cis-1,2-
dichloroethylene in excess of the MCL over many
years could experience problems with their liver.
64. trans-1,2-
Dichloroethylene.
Some people who drink water containing
trans-1,2-dichloroethylene well in excess of the
MCL over many years could experience problems
with their liver.
65. Dichloromethane
Zero
Some people who drink water containing
dichloromethane in excess of the MCL over many
years could have liver problems and may have an
increased risk of getting cancer.
66. 1,2-Dichloropropane
Zero
Some people who drink water containing 1,2-
dichloropropane in excess of the MCL over many
years may have an increased risk of getting cancer.
67. Ethylbenzene
Some people who drink water containing
ethylbenzene well in excess of the MCL over many
years could experience problems with their liver or
kidneys.
68. Styrene
Some people who drink water containing styrene
well in excess of the MCL over many years could
have problems with their liver, kidneys, or
circulatory system.
22.16: continued
Contaminant
MCLG mg/l
MCL mg/l
Standard health effects language for public
notification
National Primary Drinking Water Regulations (NPDWR) and Massachusetts Drinking Water Regulations:
69. Tetrachloroethylene
Zero
Some people who drink water containing
tetrachloroethylene in excess of the MCL over many
years could have problems with their liver, and may
have an increased risk of getting cancer.
70. Toluene
Some people who drink water containing toluene
well in excess of the MCL over many years could
have problems with their nervous system, kidneys,
or liver.
71. 1,2,4-Trichlorobenzene
Some people who drink water containing 1,2,4-
trichlorobenzene well in excess of the MCL over
many years could experience changes in their
adrenal glands.
72. 1,1,1-Trichloroethane
Some people who drink water containing 1,1,1-
trichloroethane in excess of the MCL over many
years could experience problems with their liver,
nervous system, or circulatory system.
73. 1,1,2-Trichloroethane
Some people who drink water containing 1,1,2-
trichloroethane well in excess of the MCL over
many years could have problems with their liver,
kidneys, or immune systems.
74. Trichloroethylene
Zero
Some people who drink water containing tri-
chloroethylene in excess of the MCL over many
years could experience problems with their liver and
may have an increased risk of getting cancer.
75. Vinyl chloride
Zero
Some people who drink water containing vinyl
chloride in excess of the MCL over many years may
have an increased risk of getting cancer.
76. Xylenes (total)
Some people who drink water containing xylenes in
excess of the MCL over many years could
experience damage to their nervous system.
G. Radioactive Contaminants:
77. Beta/photon emitters
Zero
4 mrem/yr
Certain minerals are radioactive and may emit forms
of radiation known as photons and beta radiation.
Some people who drink water containing beta and
photon emitters in excess of the MCL over many
years may have an increased risk of getting cancer.
78. Alpha emitters
Zero
15 pCi/l
Certain minerals are radioactive and may emit a
form of radiation known as alpha radiation. Some
people who drink water containing alpha emitters in
excess the MCL over many years may have an
increased risk of getting cancer.
79. Combined radium (226 &
228).
Zero
5 pCi/l
Some people who drink water containing radium
226 or 228 in excess of the MCL over many years
may have an increased risk of getting cancer.
80. Uranium
Zero
30 mg/L
Some people who drink water containing uranium in
excess of the MCL over many years may have an
increased risk of getting cancer and kidney toxicity.
H. Disinfection Byproducts (DBPs),Byproduct Precursors, Disinfectant Residuals. Where Disinfection used in the treatment of
drinking water, Disinfectants combine with organic and inorganic matter present in water to form chemicals called Disinfection
byproducts (DBPs). EPA sets standards for controlling the levels of Disinfectants and DBPs in drinking water, including
Trihalomethanes (THMs) and haloacetic acid (HAAs).18
81. Total trihalomethanes
(TTHMs)
N/A
Some people who drink water containing (TTHMs)
19, 20
Trihalomethanes in excess of the MCL over many
years may experience problems with their liver,
kidneys, or central nervous system, and may have an
increased risk of getting cancer.
82. Haloacetic Acids (HAA)
N/A
Some people who drink water containing haloacetic
acids in excess of the MCL over many years may
22.16: continued
Contaminant
MCLG mg/l
MCL mg/l
Standard health effects language for public
notification
National Primary Drinking Water Regulations (NPDWR) and Massachusetts Drinking Water Regulations:
have an increased risk of getting cancer.
83. Bromate
Zero
Some people who drink water containing bromate in
excess of the MCL over many years may have an
increased risk of getting cancer.
84. Chlorite
Some infants and young children who drink water
containing chlorite in excess of the MCL could
experience nervous system effects. Similar effects
may occur in fetuses of pregnant women who drink
water containing chlorite in excess of the MCL.
Some people may experience anemia.
85. Chlorine
4 (MRDLG)
4.0 (MRDL)
Some people who use water containing chlorine
well in excess of the MRDL could experience
irritating effects to their eyes and nose. Some
people who drink water containing chlorine well in
excess of the MRDL could experience stomach
discomfort.
86. Chloramines
4 (MRDLG)
4.0 (MRDL)
Some people who use water containing chloramines
well in excess of the MRDL could experience
irritating effects to their eyes and nose. Some
people who drink water containing chloramines well
in excess of the MRDL could experience stomach
discomfort or anemia.
87a. Chlorine dioxide, where
any two consecutive daily
samples taken at the entrance to
the Distribution System are
above the MRDL.
0.8 (MRDLG) 0.8 (MRDL)
Some infants and young children who drink water
containing chlorine dioxide in excess of the MRDL
could experience nervous system effects. Similar
effects may occur in fetuses of pregnant women who
drink water containing chlorine dioxide in excess of
the MRDL. Some people may experience anemia.
Add for public notification only: The chlorine
dioxide violations reported today are the result of
exceedances at the treatment facility only, not within
the distribution system which delivers water to
consumers. Continued compliance with chlorine
dioxide levels within the distribution system
minimizes the potential risk of these violations to
consumers.
87b. Chlorine dioxide, where
one or more Distribution System
samples are above the MRDL.
0.8 (MRDLG) 0.8 (MRDL)
Some infants and young children who drink water
containing chlorine dioxide in excess of the MRDL
could experience nervous system effects. Similar
effects may occur in fetuses of pregnant women who
drink water containing chlorine dioxide in excess of
the MRDL. Some people may experience anemia.
Add for public notification only: The chlorine
dioxide violations reported today include
exceedances of the EPA standard within the
distribution system which delivers water to
consumers. Violations of the chlorine dioxide
standard within the distribution system may harm
human health based on short-term exposures.
Certain groups, including fetuses, infants, and young
children, may be especially susceptible to nervous
system effects from excessive chlorine dioxide
exposure.
22.16: continued
Contaminant
MCLG mg/l
MCL mg/l
Standard health effects language for public
notification
National Primary Drinking Water Regulations (NPDWR) and Massachusetts Drinking Water Regulations:
88. Control of DBP precursors
(TOC)
None
TT
Total organic carbon (TOC) has no health effects.
However, total organic carbon provides a medium
for the formation of disinfection byproducts. These
byproducts include Trihalomethanes (THMs) and
haloacetic acids (HAAs). Drinking water containing
these byproducts in excess of the MCL may lead to
adverse health effects, liver or kidney problems, or
nervous system effects, and may lead to an
increased risk of getting cancer.
I. Other Treatment Techniques:
89. Acrylamide
Zero
TT
Some people who drink water containing high levels
of acrylamide over a long period of time could have
problems with their nervous system or blood, and
may have an increased risk of getting cancer.
90. Epichlorohydrin
Zero
TT
Some people who drink water containing high levels
of epichlorohydrin over a long period of time could
experience stomach problems, and may have an
increased risk of getting cancer.
J. Per- and Polyfluoroalkyl Substances (PFAS)
91. PFAS6
None
20 ng/l
Some people who drink water containing these
PFAS in excess of the MCL may experience certain
adverse effects. These could include effects on the
liver, blood, immune system, thyroid, and fetal
development. These PFAS may also elevate the risk
of certain cancers.
1.
MCLG-Maximum Contaminant Level Goal.
2.
MCL-Maximum Contaminant Level.
3.
[Reserved]
4.
The MCL for the monthly Turbidity average is one NTU; the MCL for the two-day average is one NTU
for systems that are required to filter, but have not yet installed Filtration (310 CMR 22.08).
5.
NTU-Nephelometric turbidity unit.
6.
Systems subject to the Surface Water Treatment Rule (both filtered and unfiltered) may not exceed one
NTU. In addition, in filtered systems, 95% of samples each month shall not exceed 0.5 NTU in systems
using conventional or Direct Filtration and shall not exceed one NTU in systems using slow sand or
diatomaceous earth filtration or other Filtration technologies approved by the Department.
7.
TT-Treatment Technique.
8.
For systems subject to 310 CMR 22.20D (systems serving at least 10,000 people, using Surface Water
or Groundwater Under the Direct Influence of Surface Water), that use conventional filtration or Direct
Filtration, after January 1, 2002, the Turbidity level of a system's combined filter effluent may not exceed
0.3 NTU in at least 95% of monthly measurements, and the Turbidity level of a system's combined filter
effluent shall not exceed one NTU at any time. Systems subject to 310 CMR 22.20D using technologies
other than conventional, direct, slow sand, or diatomaceous earth filtration shall meet Turbidity limits
set by the Department. For systems subject to 310 CMR 22.20F (systems serving fewer than 10,000
people, using Surface Water or Groundwater Under the Influence of Surface Water) that use
conventional or Direct Filtration, after January 1, 2005 the Turbidity level of a system's combined filter
effluent may not exceed 0.3 NTU in at least 95% of monthly measurements, and the Turbidity level of
a system's combined filter effluent must not exceed one NTU at any time. Systems subject to 310 CMR
22.20F using technologies other than conventional, direct, slow sand, or diatomaceous earth filtration
must meet Turbidity limits set by the Department.
9.
The bacteria detected by heterotrophic plate count (HPC) are not necessarily harmful. HPC is simply
an alternative method of determining Disinfectant residual levels. The number of such bacteria is an
indicator of whether there is enough Disinfectant in the distribution system.
10. 310 CMR 22.20A, 22.20D, and 22.20F Treatment Technique violations that involve Turbidity
exceedances may use the health effects language for Turbidity instead.
11. These arsenic values are effective January 23, 2006.
12. Million fibers per liter.
22.16: continued
13. Action Level = 0.015 mg/L.
14. Action Level = 1.3 mg/L.
15. Millirems per year.
16. The uranium MCL is effective December 8, 2003 for all Community Water Systems.
17. Picocuries per liter.
18. Surface water systems and groundwater systems under the direct influence of surface water are regulated
under 310 CMR 22.20A. Community and non-transient non-community Surface Water Sources systems
(surface water systems and groundwater systems under the direct influence of surface water) serving at
least 10,000 persons shall comply with DBP MCLs and Disinfectant Maximum Residual Disinfectant
Levels (MRDLs) beginning January 1, 2002. All other Community and Non-transient Non-community
Water Systems shall meet the MCLs and MRDLs beginning January 1, 2004. Transient non-community
Surface Water Sources systems (surface water systems and groundwater systems under the direct
influence of surface water) serving at least 10,000 or more persons using chlorine dioxide as a
Disinfectant or oxidant shall comply with the chlorine dioxide MRDL beginning January 1, 2002.
Transient non-community Surface Water Sources systems (surface water systems and groundwater
systems under the direct influence of surface water) serving fewer than 10,000 persons and Transient
Non-community Water Systems using only groundwater not under the direct influence of surface water
and using chlorine dioxide as a Disinfectant or oxidant shall comply with the chlorine dioxide MRDL
beginning January 1, 2004.
19. Community and Non-transient Non-community Water Systems must comply with TTHM and HAA5
MCLs listed in 310 CMR 22.07F of 0.080 mg/L and 0.060 mg/L, respectively (with compliance
calculated as a Locational Running Annual Average) on the schedule in 310 CMR 22.07F(7).
20. The MCL for Total Trihalomethanes is the sum of the concentrations of the individual Trihalomethanes.
21. The MCL for haloacetic acids is the sum of the concentrations of the individual haloacetic acids.
22. MRDLG-Maximum Residual Disinfectant Level Goal.
23. MRDL-Maximum Residual Disinfectant Level.
24. Nanograms per liter.
(12) Special Notice for Repeated Failure to Conduct Monitoring of the Source Water for
Cryptosporidium and for Failure to Determine Bin Classification or Mean Cryptosporidium
Level.
(a) The owner or operator of a Community or Non-community Water System that is
required to monitor source water under 310 CMR 22.20G(2) must notify Persons served by
the water system that monitoring has not been completed as specified no later than 30 days
after the system has failed to collect any three months of monitoring as specified in 310 CMR
22.20G(2)(c). The notice must be repeated as specified in 310 CMR 22.16(3)(b).
(b) The owner or operator of a Community or Non-community Water System that is
required to determine a bin classification under 310 CMR 22.20G(11), or to determine mean
Cryptosporidium level under 310 CMR 22.20G(13), must notify Persons served by the water
system that the determination has not been made as required no later than 30 days after the
system has failed report the determination as specified in 310 CMR 22.20G(11)(e) or
310 CMR 22.20G(13)(a). The notice must be repeated as specified in 310 CMR 22.16(3)(b).
The notice is not required if the system is complying with a Department-approved schedule
to address the violation.
(c) The form and manner of the public notice must follow the requirements for a Tier 2
Public Notice prescribed in 310 CMR 22.16(3)(c). The public notice must be presented as
required in 310 CMR 22.16(5)(c).
(d) The notice must contain the following language, including the language necessary to fill
in the blanks.
1. The special notice for repeated failure to conduct monitoring must contain the
following language:
We are required to monitor the source of your drinking water for
Cryptosporidium. Results of the monitoring are to be used to determine
whether water treatment at the (treatment plant name) is sufficient to
adequately remove Cryptosporidium from your drinking water. We are
required to complete this monitoring and make this determination by
(required bin determination date). We ''did not monitor or test'' or ''did not
complete all monitoring or testing'' on schedule and, therefore, we may not
be able to determine by the required date what treatment modifications, if
any, must be made to ensure adequate Cryptosporidium removal. Missing
this deadline may, in turn, jeopardize our ability to have the required
22.16: continued
treatment modifications, if any, completed by the deadline required, (date).
For more information, please call (name of water system contact) of (name
of water system) at (phone number).
2. The special notice for failure to determine bin classification or mean
Cryptosporidium level must contain the following language:
We are required to monitor the source of your drinking water for
Cryptosporidium in order to determine by (date) whether water treatment at
the (treatment plant name) is sufficient to adequately remove
Cryptosporidium from your drinking water. We have not made this
determination by the required date. Our failure to do this may jeopardize our
ability to have the required treatment modifications, if any, completed by the
required deadline of (date). For more information, please call (name of water
system contact) of (name of water system) at (phone number).
3. Each special notice must also include a description of what the system is doing to
correct the violation and when the system expects to return to compliance or resolve the
situation.
(13) Special Notice to the Public of Significant Deficiencies or Source Water Fecal
Contamination.
(a) In addition to the applicable public notification requirements of 310 CMR 22.16, a
community groundwater system that receives notice from the Department of a Significant
Deficiency or notification of a fecal indicator positive groundwater source sample that is not
invalidated by the Department under 310 CMR 22.26(3)(d) must inform the public served
by the water system under 310 CMR 22.16A(8)(g) of the fecal indicator positive source
sample or of any Significant Deficiency that has not been corrected. The system must
continue to inform the public annually until the Significant Deficiency is corrected or the
fecal contamination in the groundwater source is determined by the Department to be
corrected under 310 CMR 22.26(4)(a)5.
(b) In addition to the applicable public notification requirements of 310 CMR 22.16, a non-
community groundwater system that receives notice from the Department of a Significant
Deficiency must inform the public served by the water system in a manner approved by the
Department, unless otherwise provided for the system by the Department pursuant to
310 CMR 22.16A, of any Significant Deficiency that has not been corrected within 12
months of being notified by the Department, or earlier if directed by the Department. The
system must continue to inform the public annually until the Significant Deficiency is
corrected. The information must include:
1. The nature of the Significant Deficiency and the date the Significant Deficiency was
identified by the Department;
2. The Department approved plan and schedule for correction of the Significant
Deficiency, including interim measures, progress to date, and any interim measures
completed; and
3. For systems with a large proportion of non English speaking consumers, as
determined by the Department, information in the appropriate language(s) regarding the
importance of the notice or a telephone number or address where consumers may contact
the system to obtain a translated copy of the notice or assistance in the appropriate
language.
(c) If directed by the Department, a Non-community Water System with significant
deficiencies that have been corrected must inform its customers of the significant
deficiencies, how the deficiencies were corrected, and the dates of correction under 310 CMR
22.26(4)(a)7.b.