(A) Each community water system shall
provide to 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,
purchased).
(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 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.
(f) "Master meter" means the meter that connects
a wholesale public water system to consecutive public water system. This type
of meter monitors the amount of water being sent to the consecutive system and
can also be used to determine the quality of water being delivered to the
consecutive system.
(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).
(c) For any public water system required to conduct
disinfection byproduct sampling at a master meter location under rule
3745-81-24 of the Administrative Code, include, at a minimum, a description of
the master meter monitoring conducted, the wholesale/consecutive system name
and identification information, and a table containing the master meter data
from the calendar year of the report.
(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 the report shall be displayed separately.
(3) The data shall be
derived from data collected to comply with U.S. EPA and state monitoring and
analytical requirements during the previous calendar year with the following
exception:
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 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)(2) of this rule.
(d) For contaminants subject to an MCL or MRDL, except turbidity,
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) 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.
(h) For E. coli analytical results under rules 3745-81-50 to
3745-81-55 of the Administrative Code, the total number of positive
samples.
(5) If a community water
system distributes water to 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 the 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 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 an E. coli-positive ground water source sample that
is not invalidated under rule 3745-81-42 of the Administrative Code shall
inform customers of any significant deficiency that is uncorrected at the time
of the next report or of any E. coli-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
E. coli contamination in the ground water source is addressed in accordance
with rule 3745-81-61 of the Administrative Code. If required, a system with
significant deficiencies that have been corrected before the next report is
issued shall inform 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 E. coli (if the source is known) and the date the significant
deficiency was identified by the director or the dates of the E. coli-positive
ground water source samples.
(b) If the E. coli in the ground water source has been addressed
under rule 3745-81-61 of the Administrative Code and the date of such
action.
(c) For each significant deficiency or E. coli in the ground
water source that has not been addressed under rule 3745-81-61 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 E. coli-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, 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 revised total coliform rule.
(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 shall 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."]
