(A) Each community water system shall provide
to
its customers an annual report that
contains the information specified in this rule and rule
3745-96-03
of the Administrative Code.
(B) All
of the following information on the source of the water delivered:
(1) Each report shall identify the sources of
the water delivered by the community water system by providing information on
each of the following as applicable:
(a) The
type of the water (e.g., surface water, ground water).
(b) The commonly used name (if any) and
location of the body or bodies of water.
(2) When a source water assessment has been
completed, the report shall notify consumers of the availability of this
information and the means to obtain it. Where a community water system has
received a source water assessment summary from the director, the report shall
include a brief summary of the community water system's susceptibility to
potential sources of contamination, using language provided by the director or
equivalent language acceptable to the director.
(C) Report definitions.
(1) Each report shall include the following
definitions:
(a) "Maximum contaminant level
goal" or "MCLG" means 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.
(b) "Maximum contaminant
level" or "MCL" means 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.
(2) A report that contains data on
contaminants the state regulates shall include the following definitions as
applicable:
(a) "Treatment technique," as
defined in rule
3745-81-01
in
of the
Administrative Code.
(b) "Action
level" means the concentration of a contaminant which, if exceeded, triggers
treatment or other requirements which a water system shall follow.
(c) "Maximum residual disinfectant level
goal" or "MRDLG" means the level of 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.
(d) "Maximum residual
disinfectant level" or "MRDL" means 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.
(e)
"Lead threshold
level," as defined in rule
3745-81-01
of the Administrative Code.
(3) A report that contains information
regarding a level one or level two assessment required under rules
3745-81-50
to
3745-81-55
of the Administrative Code shall include the following definitions as
applicable:
(a) "Level one assessment": A
level one assessment is a study of the water system to identify potential
problems and determine, if possible, why total coliform bacteria have been
found in the water system.
(b)
"Level two assessment": A level two assessment is a very detailed study of the
water system to identify potential problems and determine, if possible, why an
Escherichia coli (E. coli) maximum contaminant level violation has occurred or
why total coliform bacteria have been found in the water system on multiple
occasions.
(D)
Information on detected contaminants.
(1)
This paragraph specifies the requirements for information to be included in
each report for contaminants subject to mandatory monitoring (except
Cryptosporidium) and applies to all of the following:
(a) Contaminants subject to an MCL, action
level, maximum residual disinfectant level or treatment technique (regulated
contaminants) in accordance with Chapter 3745-81 of the Administrative
Code.
(b) Contaminants for which
monitoring is required by
40 C.F.R.
141.40 (May 2, 2012), (unregulated
contaminants).
(2) The
data relating to these contaminants shall be displayed in one table or in
several adjacent tables. Any additional monitoring results which a community
water system chooses to include in its report shall be displayed
separately.
(3) The data shall be
derived from data collected to comply with
USEPA
U.S. EPA and
state monitoring and analytical requirements during the previous calendar year
with the following exception:
(a) Where a
system is allowed to monitor for regulated contaminants less often than once a
year, the table shall include the date and results of the most recent sampling
and the report shall include a brief statement indicating that the data
presented in the report are from the most recent testing done in accordance
with the regulations. No data older than five years shall be
included.
(4) For
detected regulated contaminants (listed in the appendix to this rule), the
tables shall contain all of the following information:
(a) The MCL for that contaminant expressed as
a number equal to or greater than 1.0 (as provided in the appendix to this
rule).
(b) The MCLG for that
contaminant expressed in the same units as the MCL.
(c) If there is no MCL for a detected
contaminant, the table shall indicate that there is a MRDL, MRDLG, treatment
technique or specify the action level
,
applicable to that contaminant,
and the
and the lead threshold level. The report shall include
the definitions for MRDL, MRDLG, treatment technique or action level, as
applicable,
or lead threshold level specified in
paragraph
(C)(3)
(C)(2) of this rule.
(d) For contaminants subject to an MCL or
MRDL, except turbidity, total coliform, fecal coliform and E. coli, the highest
contaminant level used to determine compliance with state primary drinking
water rules and the range of detected levels, as follows:
(i) 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 all sampling points expressed in the same units as the MCL. Beginning one
year after the applicable compliance date identified in rule
3745-81-24
of the Administrative Code, for the MCLs for TTHM and HAA5 in paragraphs (B)
and (C) of rule
3745-81-12
of the Administrative Code, systems shall include the highest locational
running annual average for TTHM and HAA5 and the range of individual sample
results for all monitoring locations expressed in the same units as the MCL. If
more than one location exceeds the TTHM or HAA5 MCL, the system shall include
the locational running annual averages for all locations that exceed the
MCL.
(ii) When compliance with the
MCL is determined on a system-wide basis by calculating a running annual
average of all samples at all sampling points: the average and range of
detection expressed in the same units as the MCL.
(iii) When compliance with the MCL is
determined by any other method: the highest value used to determine compliance
with state primary drinking water rules and the range of detected
levels.
(e) For
turbidity, report the highest single measurement and the lowest monthly
percentage of samples meeting the turbidity limits specified in rule
3745-81-73
of the Administrative Code for the filtration technology being used. The report
shall include an explanation of the reasons for measuring turbidity.
(f) For lead and copper, the ninetieth
percentile value of the most recent round of sampling and the number of
sampling sites exceeding the action level
, and the
individual results above the lead threshold level.
(g) For total coliform analytical
results until March 31, 2016, the following information as
applicable:
(i) The highest monthly number of
positive samples for systems collecting fewer than forty samples per
month.
(ii) The highest monthly percentage
of positive samples for systems collecting at least forty samples per
month.
(h) For fecal coliform and E. coli
until March 31, 2016, the total number of positive samples.
(i)
(g) The likely sources of detected contaminants to the
best of the operator's knowledge. If the operator lacks specific information on
the likely source, the report shall include one or more of the typical sources
for that contaminant listed in the appendix to this rule which are most
applicable to the system.
(j)
(h) For E. coli
analytical results under rules
3745-81-50
to
3745-81-55
of the Administrative Code,
beginning April 1,
2016, the total number of positive samples.
(5) If a community water system distributes
water to its customers from multiple hydraulically independent distribution
systems that are fed by different raw water sources, the table should contain a
separate column for each service area and the report should identify each
separate distribution system. Alternatively, a community water system may
produce separate reports tailored to include data for each service
area.
(6) The table shall clearly
identify any data indicating violations of MCLs, MRDLs or treatment techniques
and the report shall contain a clear and readily understandable explanation of
the violation including: the length of the violation, the potential adverse
health effects and actions taken by the system to address the violation. To
describe the potential health effects, the community water system shall use the
relevant language for the particular contaminant as specified in the appendix
to this rule.
(7) For detected
unregulated contaminants (without an MCL) for which monitoring is required
(except Cryptosporidium), the table shall contain the average and range at
which the contaminant was detected. The report may include a brief explanation
of the reasons for monitoring for unregulated contaminants.
(E) Information on
Cryptosporidium, radon and other contaminants:
(1) If the system has performed monitoring
for Cryptosporidium, which indicates that Cryptosporidium may be present in the
source water or the finished water, the report shall include:
(a) A summary of the results of the
monitoring.
(b) An explanation of
the significance of the results.
(2) If the community water system has
performed any monitoring for radon which indicates that radon may be present in
the finished water, the report shall include both of the following:
(a) The results of the monitoring.
(b) An explanation of the significance of the
results.
(3) For a
community water system that has performed additional monitoring which indicates
the presence of other contaminants in the finished water, the director
recommends the water system include in its report any results which may
indicate a health concern. To determine if results may indicate a health
concern, the director recommends the community water system find out if
USEPA
U.S. EPA
has proposed a national primary drinking water regulation or issued a health
advisory for that contaminant by calling the safe drinking water hotline
(800-426-4791). The director considers detects above a proposed MCL or health
advisory level to indicate possible health concerns. For such contaminants, the
report may include the following information:
(a) The results of the monitoring, including
the average and range of values.
(b) An explanation of the significance of the
results noting the existence of a health advisory or a proposed
regulation.
(F)
Compliance with state primary drinking water rules. In addition to the
requirements set forth in paragraph (D)(6) of this rule, the report shall note
any violation that occurred during the year covered by the report of any of the
following, and include a clear and readily understandable explanation of the
violation, any potential adverse health effects and the steps the community
water system has taken to correct the violation:
(1) Monitoring and reporting of compliance
data.
(2) Filtration and
disinfection prescribed by rules
3745-81-71
to
3745-81-75
of the Administrative Code. 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 shall
include the following language as part of the explanation of potential adverse
health effects: "Inadequately treated water may contain disease-causing
organisms. These organisms include bacteria, viruses, and parasites which can
cause symptoms such as nausea, cramps, diarrhea, and associated
headaches".
(3) Lead and copper
control requirements prescribed by rules
3745-81-80
to
3745-81-89 of
the Administrative Code. For systems which fail to take one or more actions
prescribed by paragraph (D) of rule
3745-81-80
and rule
3745-81-81,
3745-81-82,
3745-81-83
or
3745-81-84
of the Administrative Code, the report shall include the applicable language of
the appendix to this rule for lead, copper or both.
(4) Treatment techniques for acrylamide and
epichlorohydrin prescribed by rule
3745-81-17
of the Administrative Code. For systems which violate the requirements of rule
3745-81-17
of the Administrative Code, the report shall include the relevant language from
the appendix to this rule.
(5)
Recordkeeping of compliance data as required by rule
3745-81-33 of
the Administrative Code.
(6)
Special monitoring requirements for organic and inorganic contaminants as
prescribed by
40 C.F.R.
141.40 (May 2, 2012) and for sodium as
prescribed by
40 C.F.R.
141.41 (December 5, 1994).
(7) Violation of the terms of an
administrative or judicial order.
(8) 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 under rule
3745-81-42
of the Administrative Code shall inform its customers of any significant
deficiency that is uncorrected at the time of the next report or of any fecal
indicator-positive ground water source sample in the next report. The system
shall continue to inform the public annually until the director determines that
particular significant deficiency is corrected or the fecal contamination in
the ground water source is addressed in accordance with rule
3745-81-43
of the Administrative Code. If required, a system with significant deficiencies
that have been corrected before the next report is issued shall inform its
customers of the significant deficiency, how the deficiency was corrected and
the date of correction in accordance with this paragraph. Each report shall
include all of 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
rule
3745-81-43
of the Administrative Code 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 rule
3745-81-43
of the Administrative Code, the director-approved plan and schedule for
correction, including interim measures, progress to date and any interim
measures completed.
(d) If the
system receives notice of a fecal indicator-positive ground water source sample
that is not invalidated by the director, the potential health effects using the
health effects language in the appendix to this rule.
(G) Additional information.
(1) The report shall contain a brief
explanation regarding contaminants which may reasonably be expected to be found
in drinking water, including bottled water. This explanation shall include the
following language:
(a) "The sources of
drinking water (both tap water and bottled water) include rivers, lakes,
streams, ponds, reservoirs, springs and wells. As water travels over the
surface of the land or through the ground, it dissolves naturally-occurring
minerals and, in some cases, radioactive material, and can pick up substances
resulting from the presence of animals or from human activity.
(b) Contaminants that may be present in
source water include the following:
(i)
Microbial contaminants, such as viruses and bacteria, which may come from
sewage treatment plants, septic systems, agricultural livestock operations and
wildlife.
(ii) Inorganic
contaminants, such as salts and metals, which can be naturally-occurring or
result from urban stormwater runoff, industrial or domestic wastewater
discharges, oil and gas production, mining or farming.
(iii) Pesticides and herbicides, which may
come from a variety of sources such as agriculture, urban stormwater runoff and
residential uses.
(iv) Organic
chemical contaminants, including synthetic and volatile organic chemicals,
which are byproducts of industrial processes and petroleum production, and can
also come from gas stations, urban stormwater runoff and septic
systems.
(v) Radioactive
contaminants, which can be naturally-occurring or be the result of oil and gas
production and mining activities.
(c) In order to ensure that tap water is safe
to drink,
USEPA
U.S.
EPA prescribes regulations which limit the amount of certain contaminants
in water provided by public water systems. Food and drug administration
regulations establish limits for contaminants in bottled water which shall
provide the same protection for public health.
(d) Drinking water, including bottled water,
may reasonably be expected to contain at least small amounts of some
contaminants. The presence of contaminants does not necessarily indicate that
water poses a health risk. More information about contaminants and potential
health effects can be obtained by calling U.S. EPA's safe drinking water
hotline (800-426-4791)."
(2) The report shall include the telephone
number of the owner, operator or designee of the community water system as a
source of additional information concerning the report.
(3) In community water systems that serve a
large proportion of non-english speaking residents, defined as ten per cent or
more of the residents speak the same non-english language, the report shall
include one of the following:
(a) Information
in the applicable language or languages regarding the importance of the
report.
(b) A telephone number or
address where such residents may contact the community water system to obtain a
translated copy of the report or assistance in the applicable
language.
(4) The report
shall include information about opportunities for public participation in
decisions that may affect the quality of the water when such opportunities are
routinely scheduled by the community water system (e.g., time and place of
regularly scheduled board meetings).
(5) The report shall include information on
the status of the system's license to operate issued pursuant to Chapter
3745-84 of the Administrative Code.
(6) The community water system may include
additional information as it deems necessary for public education consistent
with, and not detracting from, the purpose of the report.
(7) Compliance information for the
U.S.EPA
U.S.
EPA revised total coliform rule, beginning April 1, 2016.
(a) Any public water system required to
comply with the level one assessment requirement or level two assessment
requirement in accordance with rule
3745-81-53
of the Administrative Code that is not due to an E. coli MCL violation shall
include in the report the following text, as applicable, filling in the blanks
accordingly:
(i) "Coliforms are bacteria
which 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 were found during these assessments.
(ii) During the past year we were required to
conduct [insert number of level one assessments] level one assessments. [insert
number of level one assessments] level one assessments were completed. In
addition, we were required to take [insert number of corrective actions]
corrective actions and we completed [insert number of corrective actions] of
these actions.
(iii) During the
past year [insert number of level two assessments] level two assessments were
required to be completed for our water system. [insert number of level two
assessments] level two assessments were completed. In addition, we were
required to take [insert number of corrective actions] corrective actions and
we completed [insert number of corrective actions] of these actions."
(iv) Any system that has failed to complete
all the required assessments or correct all identified significant
deficiencies, is in violation of the treatment technique requirement and shall
also include one or both of the following statements, as applicable:
(a) "During the past year we failed to
conduct all of the required assessments."
(b) "During the past year we failed to
correct all identified deficiencies that were found during the
assessments."
(b) Any system required to conduct a level
two assessment due to an E. coli MCL violation shall include in the report the
following text, filling in the blanks accordingly, and shall include the text
in paragraph (G)(7)(b)(iii) of this rule if applicable:
(i) "E. coli are bacteria whose presence
indicates that the water may be contaminated with human or animal wastes. Human
pathogens in these wastes can cause short-term effects, such as diarrhea,
cramps, nausea, headaches or other symptoms. They may pose a greater health
risk for infants, young children, the elderly and people with severely
compromised immune systems. We found E. coli bacteria, indicating the need to
look for potential problems in water treatment or distribution. When this
occurs, we are required to conduct assessments to identify problems and to
correct any problems that were found during these assessments.
"
(ii)
"We were required to complete a level two
assessment because we found E. coli in our water system. In addition, we were
required to take [insert number of corrective actions] corrective actions and
we completed [insert number of corrective actions] of these actions."
(iii) Any system that has failed to complete
the required assessment or correct all identified significant deficiencies, is
in violation of the treatment technique requirement and must also include one
or both of the following statements, as applicable:
(a) "We failed to conduct the required
assessment."
(b) "We failed to
correct all significant deficiencies that were identified during the assessment
that we conducted."
(c) If a public water system detects E. coli
and has violated the E. coli MCL, in addition to completing the table as
required in paragraph (D) of this rule, the system shall include one or more of
the following statements to describe any noncompliance, as applicable:
(i) "We had an E. coli-positive repeat sample
following a total coliform-positive routine sample."
(ii) "We had a total coliform-positive repeat
sample following an E. coli-positive routine sample."
(iii) "We failed to collect all required
repeat samples following an E. coli-positive routine sample."
(iv) "We failed to test for E. coli when a
repeat sample tested positive for total coliform."
(d) If a public water system detects E. coli
and has not violated the E. coli MCL, in addition to completing the table as
required in paragraph (D) of this rule, the system may include a statement that
explains that although they have detected E. coli, they are not in violation of
the E. coli MCL.
[Comment: The
40 C.F.R.
141.40 and
141.41
refers to the "Code of Federal Regulations" published on May 2, 2012 and
December 5, 1994. Copies of these codes may be obtained from the "U.S.
Government Bookstore" toll-free at (866) 512-1800 or https://www.gpo.gov/fdsys,
or from "Ohio EPA Lazarus Government Center, 50 West Town Street, Suite 700,
Columbus, OH 43215," (614) 644-2752. The code is available for review at, "Ohio
EPA, Lazarus Government Center, 50 West Town Street, Suite 700, Columbus, OH
43215."]
Click to
view Appendix
Notes
Ohio Admin. Code
3745-96-02
Effective:
5/1/2018
Five Year Review (FYR) Dates:
1/31/2018 and
05/01/2023
Promulgated
Under: 119.03
Statutory
Authority: 6109.04,
6109.121
Rule
Amplifies: 6109.04,
6109.121
Prior
Effective Dates: 5/1/02, 9/1/03, 8/1/05, 7/24/09, 1/1/10, 10/31/10,
4/1/16