12 Va. Admin. Code § 5-590-545 - Consumer confidence reports
A. Purpose and applicability.
1. The owner of a community waterworks shall
deliver to the owner 's customers an annual report that contains information on
the quality of the water delivered by the waterworks and characterizes the
risks, if any, from exposure to contaminants detected in the drinking
water.
2. For the purpose of this
section, customers are defined as billing units or service connections to which
water is delivered by a community waterworks .
3. For the purpose of this section, a
contaminant is detected when the laboratory reports the contaminant level as a
measured level and not as "non-detect," "not detected," "ND," or less than a
certain level. These express that an analyte in a test sample cannot be
reliably detected with the test equipment or laboratory instrumentation and the
method used.
B. Effective
dates.
1. The owner of an existing community
waterworks shall deliver the report by July 1 annually .
2. The owner of a new community waterworks
shall deliver the first report by July 1 of the year after its first full
calendar year in operation and annually thereafter.
3. The owner of a community waterworks that
sells water to a consecutive waterworks shall deliver the applicable
information necessary to comply with the requirements contained in this section
to the consecutive waterworks by April 1 annually , or on a date mutually agreed
upon by the seller and the purchaser and specifically included in a contract
between the parties.
C.
Content.
1. The owner of a community
waterworks shall provide the owner 's customers an annual report that contains
the information on the source of the water delivered as follows:
a. The report shall identify the source of
the water delivered by the community waterworks by providing information on:
(1) The type of the source water (e.g.,
surface water , ground water); and
(2) The commonly used name, if any, and
location of the body of the source water .
b. Where a source water assessment has been
completed, the report shall:
(1) Notify
consumers of the availability of the assessment;
(2) Describe the means to obtain the
assessment; and
(3) Include a brief
summary of the waterworks ' susceptibility to potential sources of
contamination .
c. The
owner is encouraged to highlight in the report significant sources of
contamination in the source water area if the information is readily
available.
2. For the
purpose of compliance with this section, the 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.
c.
The report for a community waterworks operating under a variance or an
exemption issued by the commissioner under
12VAC5-590-140 and
12VAC5-590-150 shall include the
following definition: "Variances and exemptions" means state or EPA permission
not to meet an MCL or a treatment technique under certain conditions.
d. The report that contains data on
contaminants that EPA regulates using any of the following terms shall include
the applicable definitions:
(1) "Treatment
technique " means a required process intended to reduce the level of a
contaminant in drinking water.
(2)
"Action level " means the concentration of a contaminant that, if exceeded,
triggers treatment or other requirements that an owner shall follow.
(3) "Maximum residual disinfectant level
goal " or "MRDLG " means 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.
(4) "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 the control of microbial contaminants.
(5) "Level 1 assessment " means a study of the
waterworks to identify potential problems and determine, if possible, why total
coliform bacteria have been found in waterworks .
(6) "Level 2 assessment " means a very
detailed study of the waterworks to identify potential problems and determine,
if possible, why an E. coli PMCL violation has occurred and why total coliform
bacteria have been found in waterworks on multiple occasions.
3. Information on
detected contaminants.
a. This section
specifies the requirements for information to be included in the report for
contaminants subject to a PMCL , AL, MRDL , or treatment technique as specified
in 12VAC5-590-340.
b. The data relating to these contaminants
shall be displayed in one table or in several adjacent tables. Any additional
monitoring results that an owner of a community waterworks chooses to include
in the report shall be displayed separately.
c. The data shall be derived from data
collected to comply with EPA and state monitoring and analytical requirements
during the calendar year preceding the year the report is due, except that
where an owner is allowed to monitor for contaminants specified in subdivision
C 3 a of this section 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 this chapter. No data older than
five years need be included.
d. For
detected contaminants subject to a PMCL , AL, MRDL , or treatment technique as
listed in Tables 340.1 through 340.7, the tables shall contain:
(1) The PMCL for that contaminant expressed
as a number equal to or greater than 1.0 as provided in
12VAC5-590-546;
(2) The MCLG for that contaminant expressed
in the same units as the PMCL as provided in
12VAC5-590-546;
(3) If there is no PMCL for a detected
contaminant , then the tables shall indicate that there is a treatment
technique , or specify the AL, applicable to that contaminant , and the report
shall include the definitions for treatment technique , AL, or both, as
appropriate, specified in subdivision C 3 d of this section;
(4) For contaminants subject to a PMCL ,
except turbidity and E. coli, the highest contaminant level used to determine
compliance and the range of detected levels is as follows:
(a) When compliance with the PMCL 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 PMCL .
(b) When compliance with
the PMCL is determined by calculating an RAA of all samples collected 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 PMCL . For the PMCLs
for TTHM and HAA5 , the owner shall include the highest LRAA and the range of
individual sample results for all sampling points expressed in the same units
as the PMCL . If more than one location exceeds the TTHM or HAA5 PMCL , then the
owner shall include the LRAAs for all locations that exceed the PMCL .
(c) When compliance with the PMCL is
determined on a system-wide basis by calculating an RAA of all samples at all
sampling points, the average and range of detection expressed in the same units
as the PMCL . The range of detection for TTHM and HAA5 shall include the
individual sample results for the purpose of establishing the monitoring
locations for EPA 's "Stage 2 Disinfectants and Disinfection Byproducts Rule"
initial distribution system evaluation.
(5) For turbidity, the highest single
measurement and the lowest monthly percentage of combined filter samples
meeting the turbidity limits specified in
12VAC5-590-395 A 2
b for the filtration technology being used.
The report should include an explanation of the reasons for measuring
turbidity;
(6) For lead and copper,
the 90th percentile value of the most recent round of sampling and the number
of sampling sites exceeding the AL;
(7) For E. coli, the total number of positive
samples; and
(8) The likely source
or sources of the detected contaminants. Specific information regarding
contaminants may be available in sanitary surveys and source water assessments,
and should be used when available to the owner . If the owner lacks specific
information on the likely source , then the report shall include one or more of
the typical sources for that contaminant listed in
12VAC5-590-546 that are most
applicable to the system.
e. If the owner of a community waterworks
distributes water to the owner 's customers from multiple hydraulically
independent distribution systems that are fed by different source waters, then:
(1) The table shall contain a separate column
for each service area and the report shall identify each separate distribution
system ; or
(2) The owner shall
produce a separate report tailored to include data for each service
area.
f. The table shall
clearly identify any data indicating violations of PMCLs, MRDLs, or treatment
techniques and the report shall contain a clear and readily understandable
explanation of the violation including:
(1)
The length of the violation;
(2)
The potential adverse health effects using the relevant language of
12VAC5-590-546; and
(3) Actions taken by the owner to address the
violation.
4.
Information on Cryptosporidium, radon, and other contaminants:
a. If the owner has performed any monitoring
for Cryptosporidium, which indicates that Cryptosporidium may be present in the
source water or the finished water , then the report shall include:
(1) A summary of the results of the
monitoring ; and
(2) An explanation
of the significance of the results.
b. If the owner has performed any monitoring
for radon, which indicates that radon may be present in the finished water ,
then the report shall include:
(1) The
results of the monitoring ; and
(2)
An explanation of the significance of the results.
c. If the owner has performed additional
monitoring that indicates the presence of other contaminants in the finished
water , then the report should include any results that may indicate a health
concern, as determined by the commissioner or department . Detections above a
proposed MCL or health advisory level may indicate possible health concerns.
For these contaminants, the report should include:
(1) The results of the monitoring ;
and
(2) An explanation of the
significance of the results noting the existence of a health advisory or a
proposed regulation.
5. Compliance with other regulations. In
addition to the requirements of subdivision C 3 f of this section, the report
shall note any violation that occurred during the year covered by the report of
a requirement listed in this subdivision 5:
a. Monitoring and reporting of compliance
data;
b. Filtration and disinfection
prescribed by
12VAC5-590-395. For an owner who
has failed to install adequate filtration or disinfection equipment or
processes or has had a failure of such equipment or processes that 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";
c. Lead and copper control requirements
prescribed by
12VAC5-590-375. For that fails to
take one or more of the prescribed actions, the report shall include the
applicable language of
12VAC5-590-546 for lead, copper,
or both;
d. Treatment techniques
for acrylamide and epichlorohydrin prescribed by
12VAC5-590-395 B.
For an owner who violates the requirements of that section, the report shall
include the relevant language from
12VAC5-590-546;
e. Recordkeeping of compliance
data;
f. Special monitoring
requirements for sodium; and
g.
Violation of the terms of a variance , an exemption , or an administrative or
judicial order.
6.
Variances and exemptions. If a waterworks is operating under the terms of a
variance or an exemption issued by the commissioner under
12VAC5-590-140 and
12VAC5-590-150, then the report
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 owner is taking to install treatment , find
alternative sources of source 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 evaluation or renewal of the variance or exemption .
7. Additional information.
a. 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 exact language of subdivisions 7 a (1), 7 a (2), and 7 a (3) of this
subsection or the owner shall use comparable language following approval by the
department . The report also shall include the exact language of subdivision 7 a
(4) of this subsection.
(1) The sources of
drinking water (both tap water and bottled water) include rivers, lakes or
reservoirs, 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 .
(2) Contaminants that may
be present in source water include:
(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 SOCs and VOCs, which are byproducts of
industrial processes and petroleum production, and can also come from gas
stations, urban stormwater runoff, and septic systems; and
(v) radioactive contaminants, which can be
naturally occurring or be the result of oil and gas production and mining
activities.
(3) To ensure
that tap water is safe to drink, EPA prescribes regulations that limit the
amount of certain contaminants in the water provided by waterworks . The U.S.
Food and Drug Administration (FDA) regulations establish limits for
contaminants in bottled water which must provide the same protection for public
health.
(4) 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 EPA 's Safe Drinking
Water Hotline (800-426-4791).
b.
The report shall include the telephone number of the owner ,
operator , or designee of the community waterworks as a source of additional
information concerning the report.
c. In communities with a large proportion of
non-English-speaking residents, as determined by the department , the report
shall contain information in the appropriate languages regarding the importance
of the report or contain a telephone number or address where the residents may
contact the waterworks to obtain a translated copy of the report or assistance
in the appropriate language.
d. The
report shall include the following information about opportunities for public
participation in decisions that may affect the quality of the drinking water.
The owner should consider including the following additional relevant
information:
(1) The time and place of
regularly scheduled board meetings of the governing body that has authority
over the waterworks ; and
(2) If
regularly scheduled board meetings are not held, then the name and telephone
number of a waterworks representative who has operational or managerial
authority over the waterworks .
e. The owner may include additional
information as deemed necessary for public education consistent with, and not
detracting from, the purpose of the report.
f. For a community groundwater system :
(1) Where there is a significant deficiency
that is uncorrected at the time of the report or an E. coli-positive source
water sample that is not invalidated in accordance with
12VAC5-590-380 at the time of the
report, the owner shall report the following:
(a) The nature of the significant deficiency
or the source water , if known, of the E. coli contamination ;
(b) The date the significant deficiency was
identified by the department or the date or dates of the E. coli-positive
source water samples;
(c) Whether
the E. coli contamination has been addressed in accordance with
12VAC5-590-421 and the date of the
action ;
(d) The department -approved
plan and schedule, including interim measures, progress to date, and which
interim measures have been completed for correcting the significant deficiency
or E. coli contamination ; and
(e)
The potential health effects language in
12VAC5-590-546 for an E.
coli-positive source water sample that is not invalidated in accordance with
12VAC5-590-380.
(2) If directed by the department , where
there are significant deficiencies that have been corrected at the time of the
report, then the owner shall report the significant deficiencies, how the
deficiencies were corrected, and the date or dates of
correction.
D. Additional health information.
1. All reports shall prominently display the
following language: Some people may be more vulnerable to contaminants in
drinking water than the general population. Immuno-compromised persons such as
persons with cancer who are undergoing chemotherapy, persons who have undergone
organ transplants, people with HIV/AIDS or other immune system disorders, some
elderly, and infants can be particularly at risk from infections. These people
should seek advice about drinking water from their health care providers. EPA
and Centers for Disease Control and Prevention guidelines on appropriate means
to lessen the risk of infection by Cryptosporidium and other microbial
contaminants are available from the Safe Drinking Water Hotline (800-426-4791).
2. The owner that detects arsenic
at levels above 0.005 mg/L, but equal to or below the PMCL of 0.010 mg/L, shall
include in the report the following informational statement about arsenic:
"While your drinking water meets EPA 's standard for arsenic, it does contain
low levels of arsenic. EPA 's standard balances the current understanding of
arsenic's possible health effects against the cost of removing arsenic from
drinking water. EPA continues to research the health effects of low levels of
arsenic, which is a mineral known to cause cancer in humans at high
concentrations and is linked to other health effects such as skin damage and
circulatory problems."
Instead of the statement required in this subdivision, the
3. The
owner that detects nitrate at levels above 5 mg/L, but below the PMCL , shall
include in the report the following informational statement about the impacts
of nitrate on children: "Nitrate in drinking water at levels above 10 ppm is a
health risk for infants of less than six months of age. High nitrate levels in
drinking water can cause blue baby syndrome. Nitrate levels may rise quickly
for short periods of time because of rainfall or agricultural activity . If you
are caring for an infant, then you should ask advice from your health care
provider."
Instead of the statement required in this subdivision, the
4. All reports shall prominently display the
following language: "If present, elevated levels of lead can cause serious
health problems, especially for pregnant women and young children. Lead in
drinking water is primarily from materials and components associated with
service lines and home plumbing. (Name of Utility) is responsible for providing
high quality drinking water, but cannot control the variety of materials used
in plumbing components. When your water has been sitting for several hours, you
can minimize the potential for lead exposure by flushing your tap for 30
seconds to two minutes before using water for drinking or cooking. If you are
concerned about lead in your water, then you may wish to have your water
tested. Information on lead in drinking water, testing methods, and steps you
can take to minimize exposure is available from the Safe Drinking Water Hotline
(800-426-4791)."
Instead of the statement required in this subdivision, the
E. The owner of a community waterworks
required to complete a Level 1 or a Level 2 assessment that is not due to an E.
coli PMCL violation shall include in the report the text specified in
subdivisions E 1, E 2, and E 3 of this section as appropriate, filling in the
blanks accordingly, and shall include in the report the text specified in
subdivision E 4 of this section, if appropriate.
1. "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."
2. "During the past year ,
we were required to conduct (insert the number of Level 1 assessments) Level 1
assessments. (insert the number of Level 1 assessments) Level 1 assessments
were completed. In addition, we were required to take t (insert the number of
corrective actions) corrective actions and we completed (insert the number of
corrective actions) of these actions."
3. "During the past year (insert the number
of Level 2 assessments) Level 2 assessments were required to be completed for
our waterworks . (insert the number of Level 2 assessments) Level 2 assessments
were completed. In addition, we were required to take (insert the number of
corrective actions) corrective actions and we completed (insert the number of
corrective actions) of these actions."
4. An owner that failed to complete all of
the required assessments or correct all identified sanitary defects shall also
include one or both of the following statements, as appropriate:
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 sanitary defects that were found during the
assessments."
F. The owner of a community waterworks
required to conduct Level 2 assessments due to an E. coli PMCL violation shall
include in the report the text specified in subdivisions F 1 and F 2 of this
section, filling in the blanks accordingly, and shall include in the report the
text specified in subdivision F 3 of this section, if appropriate.
1. "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, 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."
2. "We
were required to complete a Level 2 assessment because we found E. coli in our
waterworks . 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."
3. Any
owner that has failed to complete the required assessment or correct all
identified sanitary defects shall also include one or both of the following
statements, as appropriate:
a. "We failed to
conduct the required assessment."
b. "We failed to correct all sanitary defects
that were identified during the assessment that we conducted."
4. If E. coli is detected in a
waterworks and the E. coli PMCL is violated, in addition to completing the
table as specified in subdivision C 3 d of this section, the owner shall
include one or more of the following statements to describe any noncompliance,
as applicable:
a. "We had an E. coli-positive
repeat sample following a total coliform-positive routine sample."
b. "We had a total coliform-positive repeat
sample following an E. coli-positive routine sample."
c. "We failed to collect all the required
repeat samples following an E. coli-positive routine sample."
d. "We failed to test for E. coli when any
repeat sample tested positive for total coliform."
5. If E. coli is detected in a waterworks and
the E. coli PMCL is not violated, in addition to completing the table as
specified in subdivision C 3 d of this section, the owner may include a
statement that explains that although E. coli was detected, the owner is not in
violation of the E. coli PMCL .
G. Report delivery and recordkeeping.
1. The owner of a community waterworks shall
mail or otherwise directly deliver one copy of the report to each customer,
except as follows:
a. The owner serving fewer
than 10,000 persons shall have the option to either mail (or otherwise directly
deliver) a copy of the report to each customer or publish the report in a local
newspaper or newspapers of general circulation serving the area in which the
waterworks is located by July 1 of each year ; and
b. If the owner chooses to publish the
report, then the owner shall inform customers, either in the newspaper in which
the report is to be published or by other means approved by the department ,
that a copy of the report will not be mailed to them and that a copy of the
report will be made available to the public upon request.
2. The owner of a community waterworks shall
make a good faith effort to deliver the report to the consumers who are served
by the waterworks but are not bill-paying customers, such as renters or
workers. This good faith effort shall include at least one, and preferably two
or more, of the following methods appropriate to the particular waterworks :
a. Posting the reports on the
Internet;
b. Mailing to postal
patrons in metropolitan areas;
c.
Advertising the availability of the report in the news media;
d. Publishing in a local newspaper;
e. Posting in public places such as
libraries, community centers, and public buildings;
f. Delivering multiple copies for
distribution by single-biller customers such as apartment buildings or large
private employers;
g. Delivering to
community organizations; or
h. Other
methods as approved by the department .
3. No later than July 1 of each year , the
owner of a community waterworks shall deliver a copy of the report to the
department , followed within three months by a certification that the report has
been distributed to customers and that the information in the report is correct
and consistent with the compliance monitoring data previously submitted to the
department .
4. No later than July 1
of each year , the owner of a community waterworks shall deliver the report to
any other agency or clearinghouse specified by the department .
5. The owner of a community waterworks shall
make the report available to the public upon request.
6. The owner of a community waterworks
serving 100,000 or more persons shall post the current year 's report to a
publicly accessible site on the Internet.
7. The owner of a community waterworks shall
retain copies of the report for no less than three years.
Notes
Statutory Authority: §§ 32.1-12 and 32.1-170 of the Code of Virginia.
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