R309-225-5. Content of the Reports

(1) Each community water system must provide to its customers a report or reports that contain the information specified in this section, Section R309-225-6, and include a summary as specified in this section. (2) Information on the source of the water delivered. (a) Each report must identify the sources of the water delivered by the community water system by providing information on: (i) The water source type surface water or ground water; and (ii) The commonly used name, if any, and location of the bodies of water. (b) If a source water assessment has been completed, the report must notify consumers of the availability of this information, the year it was completed or most recently updated, 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 director, the report must include a brief summary of the system's susceptibility to potential sources of contamination, using language provided by the director or written by the operator. (3) Definitions. (a) Each report must 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. (iii) Contaminant: Any physical, chemical, biological, or radiological substance or matter in water. (b) A report for a community water system operating under a variance or an exemption issued under Section R309-100-10 or R309-100-11 must include the following definition: Variances and Exemptions: director or EPA permission not to meet an MCL or a treatment technique under certain conditions. (c) A report that contains data on a contaminant that EPA regulates using any of the following terms must include the applicable definitions: (i) Treatment Technique: A required process intended to reduce the level of a contaminant in drinking water. (ii) Action Level: The concentration of a contaminant which, if exceeded, triggers treatment or other requirements which a water system must 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 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. (v) Hazard Index or HI. The Hazard Index is an approach that determines the health concerns associated with mixtures of certain PFAS in finished drinking water. Low levels of multiple PFAS that individually would not likely result in adverse health effects may pose health concerns when combined in a mixture. The Hazard Index MCL represents the maximum level for mixtures of PFHxS, PFNA, HFPO-DA, or PFBS allowed in water delivered by a public water system. A Hazard Index greater than one requires a system to take action. (d) A report that contains information regarding a Level 1 or Level 2 Assessment required under Rule R309-211 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 occurred or why total coliform bacteria have been found in our water system on multiple occasions. (e) Systems must use the following definitions for the terms listed in Subsections R309-225-5(3)(e)(i) and (ii) if the terms are used in the report unless the system obtains written approval from the state to use an alternate definition: (i) Pesticide: Generally, any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest. (ii) Herbicide: Any chemicals used to control undesirable vegetation. (4) Information on Detected Contaminants. (a) This subsection 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 are regulated contaminants; and (ii) Contaminants for which monitoring is required by 40 CFR 141.40 January 25, 2022, are unregulated contaminants. (b) The data relating to these contaminants must be presented in the reports in a manner that is clear and understandable for consumers. For example, the data may 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 must be displayed separately. (c) The data must be derived from data collected to comply with EPA and state monitoring and analytical requirements during the previous calendar year, or the most recent calendar year before the previous calendar year except that: (i) Where a system is allowed to monitor for regulated contaminants less often than once a year, the contaminant data section must include the date and results of the most recent sampling and the report must 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. (d) For each detected regulated contaminant, the contaminant data sections must contain: (i) The MCL for that contaminant expressed as a number equal to or greater than 1.0; (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 contaminant data sections must state that there is a treatment technique, or specify the action level, applicable to that contaminant, and the report must include the definitions for treatment technique or action level, as appropriate, specified in Subsection (3)(c); (iv) For contaminants subject to an MCL, except turbidity, and E. coli, the contaminant data sections must contain the highest contaminant level used to determine compliance with the quality standards listed in Rule R309-200 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 sampling point: the highest average of any of the sampling points and the range of individual sample results for all sampling points expressed in the same units as the MCL. For the MCLs for TTHM and HAA5 in Subsection R309-200-5(3)(c)(iii), 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 and HAA5 MCL, the system must include the locational running annual averages for all locations that exceed the MCL. (C) When rounding of results to determine compliance with the MCL is allowed by Rules R309-200, R309-205, R309-210, and R309-215, rounding should be done before converting the number to express it as a number equal to or greater than 1.0. (v) For turbidity. (A) When it is reported pursuant to Sections R309-205-8 and R309-215-9: the highest average monthly value. (B) When it is reported pursuant to Section R309-215-9: the highest single measurement and the lowest monthly percentage of samples meeting the turbidity limits specified in Subsections R309-200-5(5)(a) and (b) 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 rounds of sampling, the number of sampling sites exceeding the action level in Section R209-210-6, and the range of tap sampling results; (vii) Reserved (viii) The likely sources 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 must include one or more of the typical sources for that contaminant listed in Section R309-225-8 that is most applicable to the system; and (ix) For E. coli analytical results under Rule R309-211: The total number of E. coli positive samples. (e) 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 contaminant data sections should differentiate contaminant data for each service area and the report should identify each separate distribution system. For example, if displayed in a table, it should contain a separate column for each service area. Alternatively, systems could produce separate reports tailored to include data for each service area. (f) The detected contaminant data sections must clearly identify any data indicating violations of MCLs, MRDLs or treatment techniques and the report must 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 must use the relevant language in Section R309-220-15. (g) For detected unregulated contaminants for which monitoring is required, the reports must present the average and range at which the contaminant was detected. The report must include a brief explanation of the reasons for monitoring for unregulated contaminants such as: (i) Unregulated contaminant monitoring helps EPA to determine where certain contaminants occur and whether the Agency should consider regulating those contaminants in the future. (ii) May use an alternative educational statement in the CCR if approved by the Primacy Agency. (h) For systems that exceeded the lead action level in Section R309-210-6, the detected contaminant data section must clearly identify the exceedance if any corrective action has been required by the director during the monitoring period covered by the report. The report must include a clear and readily understandable explanation of the exceedance, the steps consumers can take to reduce their exposure to lead in drinking water, and a description of any corrective actions the system has or will take to address the exceedance. (5) Information on Cryptosporidium, radon, and other contaminants. (a) If the system has performed any monitoring for Cryptosporidium, which shows that Cryptosporidium may be present in the source water or the finished water, the report must 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 shows that radon may be present in the finished water, the report must 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, EPA strongly encourages systems to report any results which may indicate a health concern. To determine if results may indicate a health concern, EPA recommends that systems find out if EPA has proposed a National Primary Drinking Water Regulation (NPDWR) or issued a health advisory for that contaminant by contacting the Agency by calling the Safe Drinking Water Hotline (800-426-4791) or an alternative method identified on the website epa.gov/safewater. EPA considers detects above a proposed MCL or health advisory level to states possible health concerns. For such contaminants, EPA 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. (6) Compliance with NPDWR. In addition to the requirements of Subsection R309-225-5(4)(f), the report must note any violation that occurred during the period covered by the report of a requirement listed in Subsections R309-225-5(6)(a) through (g), 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 Rule R309-215. For systems which have failed to install adequate filtration or disinfection equipment or processes, or have had a failure of such equipment or processes which constitutes a violation, the report must 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 Section R309-210-6. For systems that fail to take one or more actions prescribed by Section R309-210-6, the report must include the applicable language in Section R309-220-15 for lead, copper, or both. (d) Treatment techniques for Acrylamide and Epichlorohydrin prescribed by Subsection R309-215-8(3). For systems which violate the requirements of Section R309-215-8, the report must include the relevant language from Section R309-220-14. (e) Recordkeeping of compliance data. (f) Special monitoring requirements prescribed by 40 CFR 141.40 and 40 CFR 141.41 (January 25, 2022); and (g) Violation of the terms of a variance, an exemption, or an administrative or judicial order. (7) Variances and Exemptions. If a system is operating under the terms of a variance or an exemption issued under Section R309-100-10 or R309-100-11, the report must 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. (8) Additional information. (a) The report must 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 Subsections (8)(a)(i) through (iii) or systems may use their own comparable language. The report also must include the language of Subsection (8)(a)(iv). (i) Both tap water and bottled water come from 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. The water can also pick up and transport substances resulting from the presence of animals or from human activity. These substances are also called contaminants. (ii) Contaminants are any physical, chemical, biological, or radiological substance or matter in water. 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 occur naturally in the soil or groundwater or may 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 occur naturally or be the result of oil and gas production and mining activities. (iii) To protect public health, EPA prescribes regulations which limit the amount of certain contaminants in tap water provided by public water systems. The Food and Drug Administration regulations establish limits for contaminants in bottled water which must 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 mean that water poses a health risk. More information about contaminants and potential health effects can be obtained by contacting the EPA by calling the Safe Drinking Water Hotline (800-426-4791) or visiting the website epa.gov/safewater. (b) The report must include the telephone number of the owner, operator, or designee of the community water system as a source of additional information concerning the report. If a system uses a website or social media to share additional information, EPA recommends including information about how to access such media platforms in the report. (c) In communities with a large proportion of consumers with limited English proficiency, as determined by the director, the report must contain information in the appropriate languages regarding the importance of the report and either contain information where such consumers may obtain a translated copy of the report, or assistance in the appropriate languages, or the report must be in the appropriate languages. (d) The report must include information 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 determine necessary for public education consistent with, and not detracting from, the purpose of the report. (f) Systems required to comply with Section R309-215-16. (i) Any ground water system that receives notice from the director of a significant deficiency or notice from a laboratory of a fecal indicator-positive ground water source sample that is not invalidated by the director under Subsection R309-215-16(2)(d) must inform its customers of any significant deficiency that is uncorrected at the time of the next reporting period or of any fecal indicator-positive ground water source sample in the next report or 6-month update according to Section R309-225-7. The system must continue to inform the public annually until the director determines that a particular significant deficiency is corrected or the fecal contamination in the ground water source is addressed under Subsection R309-215-16(3)(a). 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 director 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 Subsection R309-215-16(3)(a) 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 Subsection R309-215-16(3)(a), the director-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 director under Subsection R309-215-16(2)(c), the potential health effects using the health effects language of Subsection R309-220-4(4). (ii) If directed by the director, 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 under Subsection (8)(f)(i). (9) Each community water system shall include in its annual CCR its current rating under the Improvement Priority System (IPS), as assigned by the director in accordance with Rule R309-400. The rating shall be clearly displayed and identified as: Approved, Not Approved, Corrective Action, or Unrated. (a) The CCR shall also contain a brief explanation of the water system's assigned rating, including: (i) Approved -- the system meets the sanitary survey, monitoring, and operational requirements necessary to provide an adequate and reliable supply of drinking water and is not currently subject to formal enforcement under Rule R309-400; (ii) Not Approved -- the system has exceeded the IPS point threshold established in Section R309-400-5, failed to correct significant deficiencies within required timelines, or is otherwise determined by the director to pose potential or actual risk to public health; (iii) Corrective Action -- the system has entered into a director-approved bilateral compliance agreement or formal enforcement order under Rule R309-400, and is actively working toward meeting the requirements for an Approved rating; or (iv) Unrated -- the system is newly regulated or lacks sufficient sanitary survey or compliance information for the Division to assign a rating. (b) The CCR shall include a brief statement describing the purpose of the IPS program, including that it is used by the Division to evaluate system compliance, prioritize risks to public health, and determine enforcement actions in accordance with Rule R309-400 and Section 19-4-104. (c) The rating published in the CCR must reflect the system's rating in effect as of the date the CCR is issued. A system shall verify its rating using a Division approved online resource or by contacting the Division before publishing its CCR.