OAR 333-061-0043
Consumer Confidence Reports
(1)
Delivery deadlines:(a)
Community water systems must deliver their reports by July 1, annually. The report must contain data collected during, or prior to, the previous calendar year;(b)
A new community water system must deliver its first report by July 1 of the year after its first full calendar year in operation and annually thereafter;(c)
A community water system that sells water to another community water system must deliver the applicable information to the buyer system:(A)
No later than April 1, annually; or(B)
On a date mutually agreed upon by the seller and the purchaser, and specifically included in a contract between the parties.(2)
Content of the Reports:(a)
Each community water system must provide to its customers an annual report that contains the information specified in sections (2), (3), (4), and (5) of this rule;(b)
Each report must identify the source(s) of the water delivered by the community water system by providing information on:(A)
The type of water: for example, surface water, ground water; and(B)
The commonly used name (if any) and location of the body (or bodies) of water.(c)
If a source water assessment has been completed, the report must notify consumers of the availability of this information and the means to obtain it. In addition, systems are encouraged to highlight in the report significant potential sources of contamination in the DWPA if they have readily available information. Where a system has received a source water assessment from the Authority, the report must include a brief summary of the system’s susceptibility to potential sources of contamination, using language provided by the Authority or written by the operator;(d)
Each report must contain the following definitions:(A)
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;(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)
Variance: A system operating under a variance as prescribed in OAR 333-061-0045 (Variances) must include the following definition in its report: Variances: State permission not to meet an MCL or a treatment technique under certain conditions;(D)
Treatment Technique or Action Level: A system which has a detection for a contaminant for which EPA has set a treatment technique or an action level must include one or both of the following definitions as applicable:(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.(E)
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.(F)
Maximum Residual Disinfectant Level or MRDL: The highest level of disinfectant allowed in drinking water. There is convincing evidence that addition of a disinfectant is necessary for control of microbial contaminants.(3)
Detected Contaminants:(a)
The following information must be included in each report for contaminants subject to mandatory monitoring (except Cryptosporidium). Detected means at or above the detection level prescribed by each EPA approved analytical method set forth in 40 CFR 141:(A)
Contaminants and disinfection by-products subject to an MCL, action level, MRDL, or treatment technique (regulated contaminants); and(B)
Unregulated contaminants for which monitoring is required.(b)
The data relating to these contaminants must 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 state monitoring and analytical requirements during the calendar year except that where a system is allowed to monitor for regulated contaminants less often than once a year, the table(s) 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 regulation. Data from unregulated contaminant monitoring must only be included if the detection occurred in the calendar year of the report. No data older than five years need be included.(d)
For detected regulated contaminants (listed in Table 39 of this rule), the table(s) in the report must contain:(A)
The MCL for that contaminant expressed as a number equal to or greater than 1.0 (as provided in Table 39);(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 must indicate 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 paragraph (2)(d)(D) of this rule;(D)
For contaminants subject to an MCL, except turbidity and total coliforms and E. coli, the highest contaminant level used to determine compliance with these rules and the range of detected levels, as follows:(i)
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;(ii)
When compliance with the MCL is determined by calculating a running annual average of all samples taken at a monitoring location: the highest average at any of the monitoring locations and the range of all monitoring locations must be expressed in the same unit of measure as the MCL. For the MCL for TTHM and HAA5 as specified by OAR 333-061-0030 (Maximum Contaminant Levels and Action Levels)(2)(b), water systems must include the highest LRAA for TTHM and HAA5 and the range of individual sample results for all monitoring locations expressed in the same unit of measure as the MCL. If more than one location exceeds the MCL for TTHM or HAA5, the water system must include the LRAAs for all locations that exceed the MCL;(iii)
When compliance with the MCL is determined on a system wide basis by calculating a running annual average of all samples at all monitoring locations: the average and range of detections must be expressed in the same units as the MCL. The water system is required to include individual sample results for an IDSE conducted in accordance with OAR 333-061-0036 (Sampling and Analytical Requirements)(4)(b) of this rule when determining the range of TTHM and HAA5 results to be reported in the annual consumer confidence report for the calendar year that the IDSE samples were taken;(iv)
When rounding of results to determine compliance with the MCL is allowed by the regulations, rounding should be done prior to multiplying the results by the factor listed in Table 39 of this rule.(e)
Turbidity:(A)
When it is reported pursuant to OAR 333-061-0030 (Maximum Contaminant Levels and Action Levels)(3)(a), 333-061-0032 (Treatment Requirements and Performance Standards for Surface Water, Groundwater Under Direct Influence of Surface Water, and Groundwater)(2), and 333-061-0036 (Sampling and Analytical Requirements)(5)(a): the highest monthly value. The report should include an explanation of the reasons for measuring turbidity. This includes water systems currently without filtration treatment, but required to install filtration through a Notice of Violation and Remedial Order.(B)
When it is reported pursuant to OAR 333-061-0030 (Maximum Contaminant Levels and Action Levels)(3): The highest single measurement and the lowest monthly percentage of samples meeting the turbidity limits specified in OAR 333-061-0030 (Maximum Contaminant Levels and Action Levels)(3) for the filtration technology being used. The report should include an explanation of the reasons for measuring turbidity.(f)
Lead and copper: the 90th percentile value of the most recent round of sampling and the number of sampling sites exceeding the action level and the lead-specific information as prescribed in subsection (4)(c) of this rule.(g)
For E. coli: the total number of positive samples.(h)
Reports that contain information regarding level 1 or level 2 coliform investigations required as specified in OAR 333-061-0078 (Coliform Investigations) must include the following definitions as applicable:(A)
“Level 1 Coliform Investigation” means 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.(B)
“Level 2 Coliform Investigation” means 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.(i)
The likely source(s) 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 Table 40 which are most applicable to the system.(j)
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, systems could produce separate reports tailored to include data for each service area.(k)
The table(s) 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, 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 Table 40 of this rule.(l)
For detected unregulated contaminants for which monitoring is required (except Cryptosporidium), the table(s) must 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.(m)
Information on Cryptosporidium, radon, and other contaminants:(A)
If the system has performed any monitoring for Cryptosporidium, which indicates 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 indicates 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, the system is strongly encouraged 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 or issued a health advisory for that contaminant by calling the Safe Drinking Water Hotline (800-426-4791). EPA considers detects above a proposed MCL or health advisory level to indicate 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.(n)
Compliance with OAR 333-061: In addition to subsection (3)(j) of this rule, the report must note any violation that occurred during the year covered by the report of a requirement listed below, 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 OAR 333-061-0032 (Treatment Requirements and Performance Standards for Surface Water, Groundwater Under Direct Influence of Surface Water, and Groundwater): For systems which have failed to install adequate filtration or disinfection equipment or processes which constitutes a violation or have an equipment failure constituting 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: For systems which fail to take one or more actions prescribed by OAR 333-061-0034 (Treatment Requirements and Performance Standards for Corrosion Control) the report must include the applicable language in Table 40 of this rule for lead, copper, or both;(D)
Treatment techniques for Acrylamide and Epichlorohydrin: For systems which violate the requirements of OAR 333-061-0030 (Maximum Contaminant Levels and Action Levels)(7), the report must include the relevant health effects language in Table 40 of this rule.(E)
Recordkeeping of compliance data;(F)
Special monitoring requirements prescribed by OAR 333-061-0036 (Sampling and Analytical Requirements)(2)(e) and for unregulated contaminants as required by EPA;(G)
Violation of the terms of a variance, administrative order or judicial order.(o)
Variances: If a system is operating under the terms of a variance as prescribed in OAR 333-061-0045 (Variances), the report must contain:(A)
An explanation of the reasons for the variance;(B)
The date on which the variance 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; and(D)
A notice of any opportunity for public input in the review, or renewal, of the variance.(p)
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 in subparagraphs (3)(p)(A)(i), (ii) and (iii) of this rule, or systems may use their own comparable language. The report also must include the language of subparagraph (3)(p)(A)(iv) of this rule.(i)
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;(ii)
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 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;(V)
Radioactive contaminants, which can be naturally-occurring or be the result of oil and gas production and mining activities.(iii)
In order to ensure that tap water is safe to drink, EPA prescribes regulations which limit the amount of certain contaminants in water provided by public water systems. FDA 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 indicate that water poses a health risk. More information about contaminants and potential health effects can be obtained by calling the Environmental Protection Agency’s Safe Drinking Water Hotline (800-426-4791).(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;(C)
In communities with a large proportion of non-English speaking residents the report must contain information in the appropriate language(s) regarding the importance of the report or contain a telephone number or address where such residents may contact the system to obtain a translated copy of the report or assistance in the appropriate language;(D)
The report must include information (for example, time and place of regularly scheduled board meetings) 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 deem necessary for public education consistent with, and not detracting from, the purpose of the report.(4)
Required additional health information:(a)
All reports must 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 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/CDC 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).(b)
A system which detects nitrate at levels above 5 mg/l, but does not exceed the MCL:(A)
Must include a short informational statement about the impacts of nitrate on children using language such as: Nitrate in drinking water at levels above 10 mg/l 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 you should ask advice from your health care provider.(B)
May write its own educational statement, but only in consultation with the Authority.(c)
Every report must include the following lead-specific information:(A)
A short informational statement about the lead in drinking water and its effects on children. The statement must include the following information: 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 WATER 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 2 minutes before using water for drinking or cooking. If you are concerned about lead in your water, 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 or at http://www.epa.gov/safewater/lead.(B)
The water system may write its own educational statement, but only in consultation with the Authority.(d)
Requirements related to coliform investigations as specified in OAR 333-061-0078 (Coliform Investigations).(A)
A water supplier required to comply with any requirement related to level one or level two coliform investigations that are not due to an exceedance of the MCL for E. coli must include in the report the text found in subparagraphs (4)(d)(A)(i) through (iii) of this rule as appropriate, replacing the language in brackets with system specific information as appropriate.(i)
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 investigation(s) to identify problems and to correct any problems that were found during these investigation(s).(ii)
During the past year we were required to conduct [INSERT NUMBER OF LEVEL 1 COLIFORM INVESTIGATIONS] level 1 coliform investigation(s). [INSERT NUMBER OF LEVEL 1 COLIFORM INVESTIGATIONS] level 1 coliform investigation (s) 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 2 COLIFORM INVESTIGATIONS] level 2 coliform investigations were required to be completed for our water system. [INSERT NUMBER OF LEVEL 2 COLIFORM INVESTIGATIONS] level 2 coliform investigations 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.(B)
A water supplier required to comply with any requirements related to a level 2 coliform investigation due to an exceedance of the MCL for E. coli must include in the report the text found in subparagraphs (4)(d)(B)(i) and (ii) of this rule as appropriate, replacing the language in brackets with system specific information as appropriate.(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 investigation(s) to identify problems and to correct any problems that were found during these investigations.(ii)
We were required to complete a level 2 coliform investigation 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.(C)
A water supplier that has failed to complete a required coliform investigation or correct all identified sanitary defects must include one or both of the following statements, as appropriate:(i)
During the past year, we failed to conduct the required coliform investigation(s).(ii)
During the past year, we failed to correct all sanitary defects that were identified during a coliform investigation as required.(D)
If E. coli is detected at a water system and the MCL for E. coli was exceeded, in addition to including the information as required by section (3) of this rule, the water supplier must include one or more of the statements specified in subparagraphs (4)(d)(D)(i) through (iv) of this rule as appropriate to describe any noncompliance:(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.(E)
If E. coli is detected at a water system but the MCL for E. coli was not exceeded, in addition to completing the table(s) as specified in section (3) of this rule, a water supplier may include a statement that explains that although E. coli was detected, the MCL for E. coli was not exceeded at the water system.(5)
Special requirements for groundwater systems:(a)
Any groundwater system that receives notification of a significant deficiency that is not corrected at the time of the next report, or of an E. coli-positive groundwater source sample that was not invalidated in accordance OAR 333-061-0036 (Sampling and Analytical Requirements)(6)(l) must inform its customers in the next report. The water system must continue to inform the public annually until the Authority determines that the particular significant deficiency is corrected or that the fecal contamination in the groundwater source is addressed in accordance with OAR 333-061-0032 (Treatment Requirements and Performance Standards for Surface Water, Groundwater Under Direct Influence of Surface Water, and Groundwater)(6). 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 Authority or the dates of the E. coli-positive groundwater source samples;(B)
If the fecal contamination in the groundwater source has been addressed as prescribed by OAR 333-061-0032 (Treatment Requirements and Performance Standards for Surface Water, Groundwater Under Direct Influence of Surface Water, and Groundwater)(6) and the date of such action;(C)
The Authority-approved plan and schedule for correction, including interim measures, progress to date, and any interim measures completed for any significant deficiency or fecal contamination in the groundwater source that has not been addressed as prescribed by OAR 333-061-0032 (Treatment Requirements and Performance Standards for Surface Water, Groundwater Under Direct Influence of Surface Water, and Groundwater)(6); and(D)
The potential health effects language specified in OAR 333-061-0097 (Adverse Health Effects Language)(4)(a) if the system received notice of a E. coli-positive groundwater source sample that was not invalidated by the Authority in accordance with OAR 333-061-0036 (Sampling and Analytical Requirements)(6)(l).(b)
The Authority may require a water system with significant deficiencies that have been corrected before the next report is issued to inform its customers of the significant deficiency, how the deficiency was corrected, and the date of correction in accordance with subsection (5)(a) of this rule.(6)
Report delivery and recordkeeping:(a)
Except as provided in subsection (6)(g) of this rule, each community water system must mail or otherwise directly deliver one copy of the report to each customer.(b)
The system must make a good faith effort to reach consumers who do not get water bills, using means recommended by the Authority. EPA expects that an adequate good faith effort will be tailored to the consumers who are served by the system but are not bill-paying customers, such as renters or workers. A good faith effort to reach consumers would include a mix of methods appropriate to the particular system such as: Posting the reports on the Internet; mailing to postal patrons in metropolitan areas; advertising the availability of the report in the news media; publication in a local newspaper; posting in public places such as cafeterias or lunch rooms of public buildings; delivery of multiple copies for distribution by singularly-billed customers such as apartment buildings or large private employers; delivery to community organizations.(c)
No later than the date the system is required to distribute the report to its customers, each community water system must mail a copy of the report to the Authority, followed within three months by a certification that the report has been distributed to customers, and that the information is correct and consistent with the compliance monitoring data previously submitted to the Authority.(d)
No later than the date the system is required to distribute the report to its customers, each community water system must deliver the report to any other agency or clearinghouse identified by the Authority.(e)
Each community water system must make its reports available to the public upon request.(f)
Each community water system serving 100,000 or more persons must post its current year’s report to a publicly-accessible site on the Internet.(g)
The Governor of a State or his designee, can waive the requirement of subsection (6)(a) of this rule for community water systems serving fewer than 10,000 persons.(A)
Such systems must:(i)
Publish the reports in one or more local newspapers serving the area in which the system is located;(ii)
Inform the customers that the reports will not be mailed, either in the newspapers in which the reports are published or by other means approved by the State; and(iii)
Make the reports available to the public upon request.(B)
Systems serving 500 or fewer persons may forego the requirements of subparagraphs (6)(g)(A)(i) and (ii) of this rule if they provide notice at least once per year to their customers by mail, door-to-door delivery or by posting in an appropriate location that the report is available upon request.(h)
Any system subject to this rule must retain copies of its consumer confidence report for no less than five years.
Source:
Rule 333-061-0043 — Consumer Confidence Reports, https://secure.sos.state.or.us/oard/view.action?ruleNumber=333-061-0043.