Fla. Admin. Code Ann. R. 62-550.824 - Consumer Confidence Reports

These rules are intended to implement the Primary and Secondary Drinking Water Regulations that require community water systems to prepare and provide to their customers annual consumer confidence reports (CCRs) on the quality of the water delivered by the systems. In addition to the requirements of this rule, the requirements contained in the following regulations are adopted and incorporated herein by reference and are enforceable under this rule: the July 1, 2014, edition of 40 C.F.R. Part 141, Subpart O, Sections 151 through 155, except for 40 C.F.R. § 141.153(h)(6)(ii), and Appendix A to 40 C.F.R. Part 141, Subpart O (http://www.flrules.org/Gateway/reference.asp?No=Ref-05590). 40 C.F.R. § 141.153(h)(6)(ii) is not adopted or incorporated in this rule. Additional information may be obtained from the USEPA's guidance manuals Preparing Your Drinking Water Consumer Confidence Report - Guidance for Water Suppliers, 2^nd Revision: EPA 816-R-09-011, April 2010 (http://www.flrules.org/Gateway/reference.asp?No=Ref-00912), and Revised State Implementation Guidance for the Consumer Confidence Report (CCR) Rule, Appendix E, EPA 816-R-09-010, April 2010 (http://www.flrules.org/Gateway/reference.asp?No=Ref-00913), which are incorporated herein by reference. This introductory text shall be effective on July 7, 2015.

(1) Additional Report Content Requirements. In addition to the requirements of 40 CFR 141.153, the following requirements shall apply:

(a) Additional Source Water Information. If the Department has determined that a system or well is under the direct influence of surface water, the system shall identify the well and proposed remedial action.

(b) Water Treatment Information. Systems shall include a general description of all major water treatment processes. For example, a statement may be worded in the following way: Our water is obtained from ground water sources and is chlorinated for disinfection purposes, and then fluoridated for dental health purposes.

(c) Additional Primary Contaminant Information.

1. In addition to the contaminants referenced in 40 CFR 141.153(d)(1)(i), the following contaminants shall be subject to the requirements of §141.153(d): nickel, lead (point of entry) and sodium. The applicable results for these three contaminants shall be only the results of monitoring to demonstrate compliance with a maximum contaminant level (MCL) in subsection 62-550.310(1), F.A.C.

2. More Stringent MCLs. For the following contaminants, the Florida MCL is more stringent than the federal MCL referenced in 40 CFR 141, Subpart O, Consumer Confidence Reports: benzene, vinyl chloride, ethylene dibromide, carbon tetrachloride, 1, 2-dichloroethane, trichloroethylene, and tetrachloroethylene. For these contaminants, the Florida MCLs listed in Rules 62-550.310 and 62-550.320, F.A.C., shall apply for the purpose of preparing the consumer confidence report.

3. Different Monitoring Location Requirements. Subsection 62-550.500(5), F.A.C., requires monitoring at the entry point to the distribution system rather than at points within the distribution system when monitoring for compliance with the MCLs for the radiological contaminants listed in subsection 62-550.310(6), F.A.C. These results shall be applicable to the consumer confidence report requirements of 40 CFR 141.153(d)(1)(i).

4. Primary Contaminant Source of Contamination Language. In addition to the language found in 40 CFR 141, Appendix A to Subpart O, the following language shall be used in tables of analytical results to report on the source of contamination for lead (point of entry), nickel, and sodium. Systems may substitute other language or add their own language if the language they use as source of contamination language is more specific to conditions affecting their system.

a. Lead (point of entry): Residue from man-made pollution such as auto emissions and paint. Lead pipe, casing, and solder.

b. Nickel: Pollution from mining and refining operations. Natural occurrence in soil.

c. Sodium: Salt water intrusion, leaching from soil.

5. Health Effects Language in addition to that found in 40 CFR 141, Appendix C to Subpart O. The following health effects language shall be used for nickel, sodium, and lead (point of entry) when their MCLs have been exceeded:

a. Nickel: Nickel has been shown to damage the heart and liver in laboratory animals when the animals are exposed to high levels over their lifetimes. The Florida Department of Environmental Protection (DEP) has set the drinking water standard for nickel at 100 parts per billion (ppb) to protect against the risk of these adverse effects.

b. Sodium: The Florida Department of Environmental Protection (DEP) has set the drinking water standard for sodium at 160 parts per million (ppm) to protect individuals that are susceptible to sodium-sensitive hypertension or diseases that cause difficulty in regulating body fluid volume. Sodium is monitored so that individuals who have been placed on sodium (salt) restricted diets may take into account the sodium in their drinking water. Drinking water contributes only a small fraction (less than 10 percent) to the overall sodium intake. Sodium levels in drinking water can be increased by ion-exchange softeners at water treatment facilities or certain point-of-use treatment devices. If you have been placed on a sodium restricted diet, please inform your physician that our water contains <> ppm of sodium.

c. Lead (point of entry): Infants and children who drink water containing lead in excess of the MCL 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.

6. Reporting total coliform results. When reporting the total monthly number of samples include repeat samples.

7. Reporting fecal coliform results. If fecal coliform is detected, the table of analytical results shall include the total number of positive samples for the year.

8. Reporting nitrates and nitrites results. Analytical results for nitrates and nitrites shall be reported individually. The reporting of analytical results of total nitrates and nitrites is not required.

(d) Secondary Contaminant Information.

1. The reporting requirements of 40 CFR 141.153(d) shall be applicable to the secondary contaminants listed in Rule 62-550.320, F.A.C.

2. Reporting of secondary contaminants results.

a. Results subject to CCR reporting for secondary contaminants shall be the most recent year's worth of results obtained during or before the calendar year previous to the year the CCR is due, except that data older than five years need not be included. Results shall be included in the table of secondary contaminants analytical results only if the highest single sample result exceeds the MCL. On the table of secondary contaminants analytical results, the highest result shall be reported as the level detected, and the range of results shall be reported as the range.

b. Results for pH need not be reported.

c. Results for ethylbenzene (odor), toluene (odor), and xylenes (odor), need not be reported, because they are also monitored as primary contaminants.

3. Source of Secondary Contaminants. The following language is provided for use in tables of results to describe the major sources in drinking water for the secondary contaminants listed as follows. Systems may substitute other language or add their own language if the language they use as source of contamination language in the consumer confidence report is more specific to conditions affecting their system.

a. Color and odor: Naturally occurring organics.

b. Copper: Corrosion byproduct and natural occurrence from soil leaching.

c. Foaming agents: Pollution from soaps and detergents.

d. Fluoride: Erosion of natural deposits; Water additive which promotes strong teeth; Discharge from fertilizer and aluminum factories.

e. All other secondary contaminants: Natural occurrence from soil leaching.

(e) Unregulated Contaminants. Systems required to monitor for unregulated contaminants by 40 CFR 141.40 shall report analytical results when there are detections of unregulated contaminants. If unregulated contaminants are detected the CCR shall include the following informational statement: <> has been monitoring for unregulated contaminants (UCs) as part of a study to help the U.S. Environmental Protection Agency (EPA) determine the occurrence in drinking water of UCs and whether or not these contaminants need to be regulated. At present, no health standards (for example, maximum contaminant levels) have been established for UCs. However, we are required to publish the analytical results of our UC monitoring in our annual water quality report. If you would like more information on the EPA's Unregulated Contaminants Monitoring Rule, please call the Safe Drinking Water Hotline at (800) 426-4791.

(f) Information Collection Rule (ICR) Contaminants. The federal CCR regulations (40 CFR 141.153) state that finished water results for the following are subject to consumer confidence reporting requirements: disinfection by-products or microbial contaminants for which monitoring is required under 40 CFR 141.142 and 141.143 except Cryptosporidium.

1. Systems monitoring for ICR contaminants shall report the following ICR contaminants in their consumer confidence reports, if found in the finished water:

a. THM4: trihalomethanes (chloroform, bromodichloromethane, dibromochloromethane, and bromoform) - report as a group,

b. HAA5: haloacetic acids (mono-, di-, and trichloroacetic acid, and mono- and di-bromoacetic acid) - report as a group,

c. HAN: haloacetilenitriles (dichloro-, trichloro-, bromochloro-, and dibromoacetonitrile) - report as a group,

d. HK: haloketones (1, 1-dichloropropanone and 1, 1, 1-trichloropropanone) - report as a group,

e. CP: chloropicrin,

f. CH: chloral hydrate,

g. TOX: total organic halides,

h. disinfectant residual,

i. total coliforms, fecal coliforms, or Escherichia coli,

j. Giardia, and

k. total culturable viruses.

2. The following provisions shall apply:

a. Treatment plants using chloramines shall report cyanogen chloride;

b. Treatment plants using hypochlorite solutions shall report chlorate;

c. Treatment plants using ozone shall report bromate and aldehydes; and

d. Treatment plants using chlorine dioxide shall report chlorine dioxide residual, chlorite, chlorate, bromate, and aldehydes.

3. As required by the 40 CFR 141.153, results for the above contaminants, if found in the finished water, shall be reported in the table of analytical results in consumer confidence reports in the same manner as the unregulated contaminants (average and range of detection.)

(g) Additional health information required by 40 CFR 141.154. In addition to the requirements of 40 CFR 141.154, systems shall include this additional health information when they:

1. Detect arsenic or nitrate at the MCL. Report the informational statements required by 40 CFR 141.154(b) or (c), respectively.

2. Detect TTHM at the MCL. Include in the report the informational statements required by 40 CFR 141.154(e).

(h) Educational Statement for Lead. If lead is detected above the action level in more than five percent, and up to and including ten percent of homes sampled, the system shall include in its CCR the language set forth in 40 CFR 141.154(d). Systems that collect fewer than 20 samples during each monitoring period do not have to include the educational statement for lead.

(i) Operation Violations. Systems with any of the problems listed in subparagraphs 1.-3. below shall provide an explanation of the violation in their consumer confidence reports. The explanation shall include a description of the violation and its duration.

1. Certified Operator Requirement Violations. Systems that fail to maintain continuous usage of the services of an operator with the appropriate certification in accordance with Rule 62-699.310, F.A.C.

2. Disinfectant Requirement Violations. Systems that treat their water and that have disinfectant concentrations of less than 0.2 ppm free chlorine or its equivalent at the entry points to their distribution systems in routine monitoring as recorded on their monthly operation reports for the calendar year previous to the year in which the CCR is due.

3. Cross Connection Control Requirement Violations. Systems that fail to adopt and implement a written cross connection control and backflow prevention program as required by Rule 62-555.360, F.A.C.

(j) Table Format. All consumer confidence reports that are required to include a table of analytical results shall display these results in the same format and manner as shown in the FRWA/DEP CCR Template Instructions and Template, February 5, 2003, which is incorporated herein by reference and is available from the Department of Environmental Protection, Drinking Water Section, Mail Station 3520, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

1. If reporting of analytical data is required, the reporting of these data shall appear in one or both of the following tables only: The main table of analytical results and the table of secondary contaminants analytical results.

a. The main table of analytical results shall contain only analytical results of detected regulated contaminants (i.e., contaminants subject to MCL, MRDL, TT, or AL requirements), and detected unregulated contaminants for which the USEPA requires monitoring under 40 CFR 141.40 (Unregulated Contaminant Monitoring) or 141.142 and 141.143 (Information Collection Rule.)

b. The table of secondary contaminants analytical results shall contain only analytical results for secondary contaminants where the highest single sample result exceeds the MCL.

2. Contaminants referenced in sub-subparagraph 1.a. above that were monitored but not detected shall not be included in the main table of analytical results or table of secondary contaminants analytical results. However, they may be reported in text outside the tables.

3. Violations. Violations and action levels exceeded shall be noted in the affirmative with either "Y" or "Yes" per the requirements in sub-subparagraphs a. and b. In addition to following the requirements of 40 CFR 141.153(d)(6), systems shall include:

a. The word "violations" in both the column heading of the main table of analytical results or the table of secondary contaminants analytical results and in the explanation located outside the main table of analytical results and table of secondary contaminants analytical results when reporting maximum contaminant level (MCL), maximum residual disinfectant level (MRDL), and treatment technique (TT) violations, and

b. The phrase "AL exceeded" in both the column heading of the main table of analytical results and in the explanation located outside the main table of analytical results and table of secondary contaminants analytical results when reporting the exceeding of action levels (AL) for lead or copper.

4. Contaminants for which there are secondary drinking water standards (MCLs) that were monitored but not detected shall not be included in the table of secondary contaminants analytical results, but may be reported in text outside the table.

5. The acronym "ND" means not detected and indicates that the substance was not found by laboratory analysis. ND does not mean zero, and zero shall not be used instead of ND where ND is the intended meaning. ND may be used in the main table of analytical results or the table of secondary contaminants analytical results only when:

a. Reporting the lower limit of a range of analytical results, or

b. Reporting the level detected for systems with multiple hydraulically independent distribution systems and separate columns for each service area.

(k) The CCR shall contain the explanation regarding contaminants which may reasonably be expected to be found in drinking water including bottled water presented in 40 CFR 141.153(h)(1)(i)-(iv) verbatim.

(l) Variances and exemptions. Community water systems operating under the terms of a variance or exemption issued by the state in accordance with Rules 62-560.510 and 62-560.520, F.A.C., or Section 120.542, F.S., for the secondary contaminant MCLs listed in Rule 62-550.320, F.A.C., or for the primary contaminant MCLs for nickel and sodium listed in subsection 62-550.310(1), F.A.C., shall include in their CCRs:

1. An explanation of the reasons for the variance or exemption;

2. The date on which the variance or exemption was issued;

3. 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

4. A notice of any opportunity for public input in the review or renewal of the variance or exemption.

(2) Use of Language Other Than English. Under 40 CFR 141.153(h)(3), where the proportion of non-English speaking residents served by the system exceeds 20 percent of the total number of consumers served by the system, consumer confidence reports shall contain: information in the appropriate language(s) regarding the nature and importance of the report and a telephone number or address where such residents may contact the system to obtain a translated copy of the report or assistance in understanding the report. A statement to this effect shall be included in the report immediately after the title of the report.

(3) Report Delivery and Recordkeeping. These rules provide additional requirements to those in 40 CFR 141.155.

(a) Existing systems shall deliver their second CCR reports by July 1, 2000, and subsequent reports by July 1 annually thereafter. A new community water system activated after January 1, 1998, shall deliver its first report by July 1 of the year after its first full calendar year in operation and annually thereafter.

(b) A community water system that sells water to another community water system shall deliver the applicable information required in 40 CFR 141.153 to the buyer system by April 1, 2000, and by April 1 annually thereafter, or on a date mutually agreed upon by the seller system and the buyer system, and specifically included in a contract between the parties.

(c) Distribution Via the Internet. In accordance with 40 CFR 141.155(f), each community water system serving 100, 000 or more persons shall post its current year's CCR on a publicly accessible Internet site annually beginning July 1 for a period of no less than one year, and shall provide the Department with information on the appropriate Internet link(s) to its CCR using Form 62-555.900(19), F.A.C.

(d) Mailing Requirements. All systems shall mail or otherwise directly deliver one copy of their consumer confidence report to each billing customer. A community water system that sells water to another community water system need not deliver or mail its CCR to the buyer system if it has furnished the required consumer confidence information to the buyer system in accordance with paragraph 62-550.824(3)(b), F.A.C. Systems must make a good faith effort to reach all consumers, using one or more of the methods listed in Form 62-555.900(19), Certification of Delivery of Consumer Confidence Report, hereby adopted and incorporated by reference, effective date 4-10-03. Copies of this form are available from the Department of Environmental Protection, Drinking Water Section, M.S. 3520, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

1. Mailing Waiver. In accordance with 40 CFR 141.155(g), the State of Florida waives the requirement that community water systems serving fewer than 10, 000 persons mail or directly deliver to each billing customer their consumer confidence reports provided that the systems have not had any MCL or monitoring and reporting (M/R) violations, nor have been issued formal Notices of Violations (NOVs), Consent Orders, Administrative Orders, or court-ordered civil actions during the year covered by the CCR.

2. The Department will notify systems that are ineligible for a mailing waiver in writing no later than April 1 annually.

a. Community water systems serving fewer than 10, 000 persons that have been granted a mailing waiver shall publish their CCRs due July 1 of the current year in local newspapers, and shall do so at least once each year no later than July 1 of that same year.

b. In lieu of the requirement set forth in sub-subparagraph a. above, community water systems serving 500 or fewer persons that have been granted mailing waivers and that elect to post notice(s) that the CCR is not being sent out but is available upon request, may post their notices in publicly accessible areas such as community bulletin boards for a period of no less than 30 days beginning no later than July 1 of that same year annually.

c. Prior to the CCR's publication date(s) in a local newspaper, community water systems granted mailing waivers shall notify customers of the publication date(s), and shall inform customers that a copy of the CCR will not be mailed to them individually.

(e) Reporting.

1. Systems shall demonstrate compliance with the reporting requirements of 40 CFR 141.155(c) by:

a. Sending a copy of their consumer confidence report to the appropriate office of the Department no later than the date the system is required to distribute the report to its customers, and

b. Sending to the appropriate office of the Department a certification that the report has been distributed, that the information is correct, and that the information is consistent with compliance monitoring data. The certification must be sent by August 10 annually. When reporting compliance with these requirements, systems shall use Form 62-555.900(19), Certification of Delivery of Consumer Confidence Report, and may transmit the form via electronic mail. Copies of this form are available from the Department of Environmental Protection, Drinking Water Section, M.S. 3520, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. This form includes documentation of the methods used by systems to distribute their consumer confidence reports.

2. Systems supplying water to other systems shall:

a. Send a copy of the information required by 40 CFR 141.153 or the complete consumer confidence report provided to the buyer system to the appropriate office of the Department no later than the date the system is required to furnish the buyer with the information, and

b. Send to the appropriate office of the Department a certification that the information or report has been furnished to the buyer system, that the information is correct, and that the information is consistent with compliance monitoring data. The certification must be sent by April 10 annually or within 10 days after the date that the system is required to furnish its report or information to its buyer. Systems shall use Form 62-555.900(21), Certification of Delivery of Consumer Confidence Information to Supplied System, hereby adopted and incorporated by reference, effective date 4-10-03 when reporting compliance with these reporting requirements and may transmit the form via electronic mail. Copies of this form are available from the Department of Environmental Protection, Drinking Water Section, M.S. 3520, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

3. Each system shall send an informational copy of its consumer confidence report to its county health department if not sent under sub-subparagraph 62-550.824 (3)(e) 1.a., F.A.C.

4. Systems regulated by the Florida Public Service Commission (PSC) shall send an informational copy of their consumer confidence reports to the PSC headquarters office no later than the date they mail the reports to the appropriate office of the Department. The address of the PSC headquarters office is: Division of Water and Wastewater, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850.

5. The font size of all printed text in consumer confidence reports shall be 8 point or larger.

6. If the Department finds that a system's consumer confidence report is not in compliance with the requirements of this section, the Department shall notify the system in writing specifying any changes that must be made. The system shall modify and redistribute its consumer confidence report and resubmit the report to the Department and certify its delivery using Form 62-555.900(19) within 90 days of receipt of the Department's notification.

Notes

Fla. Admin. Code Ann. R. 62-550.824

Rulemaking Authority 403.8055, 403.861(9) FS. Law Implemented 403.853(3), (4), 403.861(9) FS.

New 9-22-99, Amended 8-1-00, 11-27-01, 4-10-03, 12-30-11, Amended by Florida Register Volume 41, Number 135, July 14, 2015 effective 7/7/2015.

New 9-22-99, Amended 8-1-00, 11-27-01, 4-10-03, 12-30-11, 7-7-15.