Chapter 3745-96 Annual Report to Customers by Community Water System

3745-96-01 Applicability and definitions.

(A) This chapter establishes the minimum requirements for the content of the annual report that a community water system shall deliver to its customers. The report shall contain information on the quality of the water delivered by the system and characterize the risks from exposure to contaminants detected in the drinking water in an accurate and understandable manner.

(B) Notwithstanding the provisions of paragraph (G) of this rule and rule 3745-81-02 of the Administrative Code, this chapter applies to community water systems as defined in rule 3745-81-01 of the Administrative Code.

(C) For the purpose of this chapter, "customers" are defined as service connections to which water is delivered by a community water system.

(D) For the purpose of this chapter, detected is defined as at or above the levels in the following rules:

(1) Paragraph (H) of rule 3745-81-23 of the Administrative Code for inorganic contaminants listed in paragraph (B) of rule 3745-81-11 of the Administrative Code;

(2) Table 1 of appendix B to rule 3745-89-03 of the Administrative Code for inorganic chemicals nitrate, nitrite, chlorite, and bromate;

(3) Paragraph (A)(13) of rule 3745-81-24 of the Administrative Code for the volatile organic chemicals listed in paragraph (D) of rule 3745-81-12 of the Administrative Code;

(4) Paragraphs (B)(14) and (B)(10)(c) of rule 3745-81-24 of the Administrative Code for the synthetic organic chemicals listed in paragraph (E) of rule 3745-81-12 of the Administrative Code;

(5) Table 4 of appendix B to rule 3745-89-03 of the Administrative Code for radioactive contaminants; and

(6) Tables 1, 2, and 3 of appendix B to rule 3745-89-03 of the Administrative Code for disinfectant residuals, total trihalomethanes(TTHM), and haloacetic acids five (HAA5).

(E) Each community water system shall deliver a report to its customers and meet the requirements of paragraph (B) of rule 3745-96-04 of the Administrative Code by July first annually. Each report shall contain data collected during, or prior to, the previous calendar year as prescribed paragraph (D)(3) of rule 3745-96-02 of the Administrative Code.

(F) A new community water system shall deliver its first report by July first of the year after its first full calendar year in operation and annually thereafter.

(G) Any public water system as defined in rule 3745-81-01 of the Administrative Code that sells water to a community water system shall deliver the applicable information required in rules 3745-96-02 and 3745-96-03 of the Administrative Code to the buyer system by April first annually.

Effective: 07/24/2009
R.C. 119.032 review dates: 04/20/2009 and 07/24/2014
Promulgated Under: 119.03
Statutory Authority: 6109.04
Rule Amplifies: 6109.03 , 6109.04
Prior Effective Dates: 05/01/01, 09/01/03, 07/01/04

3745-96-02 Required report content.

(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) Information on the source of the water delivered:

(1) Each report shall identify the source(s) of the water delivered by the community water system by providing information on:

(a) The type of the water: e.g., surface water, ground water; and

(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": 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; and

(b) "Maximum contaminant level" or "MCL": 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": a required process intended to reduce the level of a contaminant in drinking water;

(b) "Action level": 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": 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; and

(d) "Maximum residual disinfectant level" or "MRDL": 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.

(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:

(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 (October 29, 2002), (unregulated contaminants); and

(c) Disinfection byproducts or microbial contaminants for which monitoring is required by 40 C.F.R. 141.142 and 141.143 (May 14, 1996), except as provided under paragraph (E)(1) of this rule, and which are detected in the finished water.

(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 and state monitoring and analytical requirements during the previous calendar year except that:

(a) Where a system is allowed to monitor for regulated contaminants less often than once a year, the table(s) 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.

(b) Results of monitoring in compliance with 40 C.F.R. 141.142 and 141.143 (May 14, 1996) need only be included for five years from the date of last sample or until any of the detected contaminants becomes regulated and subject to routine monitoring requirements, whichever comes first.

(4) For detected regulated contaminants (listed in the appendix to this rule), the table(s) shall contain:

(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 report shall include the definitions for MRDL, MRDLG, treatment technique and/or action level, as appropriate, specified in paragraph (C)(3) of this rule;

(d) For contaminants subject to an MCL or MRDL, except turbidity and total coliforms, 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 paragraph (D)(1) of 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 must 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 must 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;

(g) For total coliform:

(i) The highest monthly number of positive samples for systems collecting fewer than forty samples per month; or

(ii) The highest monthly percentage of positive samples for systems collecting at least forty samples per month;

(h) For fecal coliform or Escherichia coli (E. coli): the total number of positive samples; and

(i) The likely source(s) 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) The system is required to include individual sample results for the IDSE conducted in accordance with rule 3745-81-22 of the Administrative Code when determining the range of TTHM and HAA5 results to be reported in the annual consumer confidence report for the calendar years that the IDSE samples were taken.

(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(s) 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(s) 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 any monitoring for Cryptosporidium, including monitoring performed to satisfy the requirements of 40 C.F.R. 141.143 (May 14, 1996), 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; and

(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:

(a) The results of the monitoring; and

(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 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:

(a) The results of the monitoring, including the average and range of values; and

(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 a requirement listed below, 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 (October 29, 2002) and for sodium as prescribed by 40 C.F.R. 141.41 (January 22, 2001); and

(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 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; and

(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:

(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; and

(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 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 the federal environmental protection agency'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:

(a) Contain information in the appropriate language or languages regarding the importance of the report; or

(b) Contain 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 appropriate 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.

[Comment: This rule incorporates 40 C.F.R. 141.142 and 141.143 by reference. These sections have been removed from the Code of Federal Regulations as of the July 1, 2001 edition, however, some of the reporting requirements related to these sections are still in effect. The referenced version can be found on the web at http://www.gpoaccess.gov/cfr/index.html.]

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Effective: 10/31/2010
R.C. 119.032 review dates: 08/16/2010 and 10/31/2015
Promulgated Under: 119.03
Statutory Authority: 6109.04
Rule Amplifies: 6109.03 , 6109.04
Prior Effective Dates: 05/01/02, 09/01/03, 08/01/05, 07/24/09, 01/01/10

3745-96-03 Required additional health information.

(A) All reports shall prominently display the following language: "Some people may be more vulnerable to contaminants in drinking water than the general population. Immunocompromised 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. USEPA/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 community water system that detects arsenic above 0.005 mg/L and up to and including 0.010 mg/L shall include the following informational statement: "While your drinking water meets EPA's standards for arsenic, it does contain low levels of arsenic. EPA's standard balances the current understanding of arsenic's possible health effects against the costs 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."

(C) A community water system which detects nitrate at levels above five mg/L, and up to and including ten mg/L shall include an informational statement about the impacts of nitrate on children using the following language: "Nitrate in drinking water at levels above ten 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."

(D) All community water systems shall include the following lead-specific information about lead in drinking water and its effects on children: "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 thirty seconds to two 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. A list of laboratories certified in the State of Ohio to test for lead may be found at http://www.epa.ohio.gov/ddagw or by calling 614-644-2752. Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available from the Safe Drinking Water Hotline at 800-426-4791 or at http://www.epa.gov/safewater/lead."

(E) Community water systems that detect total trihalomethanes (TTHMS) monitored and calculated as an annual average under the provisions in rule 3745-81-24 of the Administrative Code, shall include health effects language prescribed by the appendix to rule 3745-96-02 of the Administrative Code if that level is above the MCL of 0.080 mg/L, even if the water system is not yet required to comply with the MCL.

Effective: 10/31/2010
R.C. 119.032 review dates: 08/16/2010 and 10/31/2015
Promulgated Under: 119.03
Statutory Authority: 6109.04
Rule Amplifies: 6109.03 , 6109.04
Prior Effective Dates: 05/01/01, 09/01/03, 08/01/05, 07/24/09

3745-96-04 Report delivery and recordkeeping.

(A) Each community water system shall mail or otherwise directly deliver one copy of the report to each customer.

(B) The community water system shall make a good faith effort to reach consumers who do not receive water bills. An adequate good faith effort will be tailored to the consumers who are served by the community water system but are not bill-paying customers, such as renters or workers. A good faith effort to reach consumers shall 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 single-biller customers such as apartment buildings or large private employers; delivery to community organizations.

(C) By July first annually, each community water system-shall provide to the director the following information:

(1) A copy of the report; and

(2) A distribution certification, on a form acceptable to the director, certifying that the report has been distributed to customers, a good faith effort to reach non-bill paying customers has been completed, and that the information is correct and consistent with the compliance monitoring data previously submitted to the director.

(D) Each community water system shall make its reports available to the public upon request.

(E) Each community water system serving one hundred thousand or more consumers shall post its current year's report to a publicly-accessible site on the Internet for at least a one year period.

(F) Any community water system subject to this chapter shall retain copies of its consumer confidence report for no less than three years.

R.C. 119.032 review dates: 10/23/2003 and 10/23/2008

Promulgated Under: 119.03

Statutory Authority: RC Section 6109.04

Rule Amplifies: RC Sections 6109.03 and 6109.04

R.C. 119.032 review dates: 10/30/2008 and 10/30/2013