567—42.3 (455B) Consumer confidence reports.
	 42.3(1) Applicability and purpose. This rule applies to all community public water supply systems. The purpose of this rule is to establish the minimum requirements for the content of annual reports that community water systems must deliver to their customers. These reports must contain information on the quality of the water delivered by the systems and characterize the risks (if any) from exposure to contaminants in the drinking water in an accurate and understandable manner. The department may assign public notification requirements and assess administrative penalties to any community public water supply system which fails to fulfill the requirements of this rule.
	 42.3(2) Reporting frequency.
	  a.   	 Existing community water systems. Existing community water systems must deliver the first report by October 19, 1999; the second report by July 1, 2000; and subsequent reports annually by July 1 thereafter.
	  b.   	 New community water systems. New community water systems must deliver their first report by July 1 of the year after their first full calendar year in operation, and annually thereafter.
	  c.   	 A CWS which sells water to another CWS. A community water system that sells water to another community water system must deliver the applicable information required in subrule 42.3(3) to the buyer (or consecutive) system:
	 (1) 	 No later than April 19, 1999, for the 1998 report; by April 1, 2000, for the 1999 report; and annually by April 1 thereafter, or
	 (2) 	 On a date mutually agreed upon by the seller and the purchaser, and specifically included in a contract between the parties.
When a consecutive system sells water to another community water system, the seller must provide all applicable information in 42.3(3) to the CWS buying the water from them.
	 42.3(3) Content of the reports. Each annual consumer confidence report must contain the following information, at a minimum:
	  a.   	 Source water identification. The report must identify the source(s) of water delivered by the community public water supply system, including the following:
	 (1) 	 Type of water (e.g., surface water, groundwater, groundwater purchased from another public water supply).
	 (2) 	 Commonly used name of the aquifer, reservoir, or river (if any) and location of the body (or bodies) of water.
	 (3) 	 If a source water assessment has been completed, 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 sources of contamination in the source water area if they have readily available information. Where a system has received a source water assessment from the department, the report must include a brief summary of the system’s susceptibility to potential sources of contamination, using language provided by the department or its designee, or written by the owner or operator.
	  b.   	 Definitions. Each report using any of the following terms must include the applicable definitions:
	 (1) 	 “Maximum Contaminant Level Goal (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.
	 (2) 	 “Maximum Contaminant Level (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.
	 (3) 	 “Maximum Residual Disinfectant Level Goal (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 (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.
	 (5) 	 A report which contains data on 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:
	  1. 	 “Treatment technique (TT)” means a required process intended to reduce the level of a contaminant in drinking water.
	  2. 	 “Action level (AL)” means the concentration of a contaminant which, if exceeded, triggers treatment or other requirements which a water system must follow.
	  c.   	 Information on detected contaminants. This paragraph specifies the requirements for information to be included in each report for contaminants subject to mandatory monitoring (except Cryptosporidium, which is listed in 42.3(3)“c”(2)) as follows: contaminants subject to an MCL, action level, MRDL, or treatment technique (regulated contaminants); contaminants for which monitoring is required by CFR Title 40, Part 141.40 (unregulated contaminants), 567—subrule 41.11(1) (sodium monitoring), and 567—41.15(455B) (other contaminants); and disinfection byproducts or microbial contaminants for which monitoring is required by 567—Chapters 40 to 43, except as provided under 42.3(3)“e”(1), and which are detected in the finished water. The ammonia monitoring conducted pursuant to 567—subrule 41.11(2) is not subject to this paragraph. For the purposes of this subrule, “detected” means at or above the levels prescribed by the following: inorganic contaminants in 567—subparagraph 41.3(1)“e”(1); volatile organic contaminants in 567—paragraph 41.5(1)“b”; synthetic organic contaminants in 567—paragraph 41.5(1)“b”; radionuclide contaminants in 567—paragraph 41.8(1)“c”; disinfection byproducts in 567—paragraph 83.6(7)“a”(6)“3”; and other contaminants with health advisory levels, as assigned by the department.
	 (1) 	 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.
	  1. 	 The data must be derived from data collected to comply with departmental monitoring and analytical requirements during calendar year 1998 for the first report and subsequent calendar years thereafter. Where a system is allowed to monitor for contaminants less often than once a year, the table(s) must include the results and date of the most recent sampling and 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 need be included.
	  2. 	 For detected regulated contaminants, which are listed in Appendix C, the table(s) must contain:
	  ● 	 The MCL for that contaminant, expressed as a number equal to or greater than 1.0 (as provided in Appendix C);
	  ● 	 The MCLG for that contaminant, expressed in the same units as the MCL;
	  ● 	 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 definition for treatment technique or action level, as appropriate, specified in 42.3(3)“b”(4).
	  3. 	 For contaminants subject to an MCL, except turbidity and total coliforms, the table must contain the highest contaminant level used to determine compliance with a primary drinking water standard and the range of detected levels, as follows:
	  ● 	 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 (such as inorganic compounds).
	  ● 	 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 (such as organic compounds and radionuclides). For TTHM and HAA5 MCLs, 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.
	  ● 	 When compliance with an MCL is determined on a systemwide 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.
Note:  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 Appendix C.
	  4. 	 For turbidity: When it is reported pursuant to 567—43.5(455B), 567—43.9(455B), or 567—43.10(455B): the highest single measurement and the lowest monthly percentage of samples meeting the turbidity limits specified in 567—43.5(455B), 567—43.9(455B), or 567—43.10(455B) for the filtration technology being used. The report should include an explanation of the reasons for measuring turbidity.
	  5. 	 For lead and copper: the 90th percentile value of the most recent round of sampling and the number of sampling sites exceeding the action level.
	  6. 	 For total coliform:
	  ● 	 The highest monthly number of positive samples for systems collecting fewer than 40 samples per month; or
	  ● 	 The highest monthly percentage of positive samples for systems collecting at least 40 samples per month.
	  7. 	 For fecal coliform, the total number of positive samples.
	  8. 	 The likely source(s) of detected contaminants to the best of the owner’s or 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 owner or operator. If the owner or operator lacks specific information on the likely contaminant source, the report must include one or more of the typical sources for that contaminant listed in Appendix C, which are most applicable to the system.
	  9. 	 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 may produce separate reports tailored to include data for each service area.
	  10. 	 The table(s) must clearly identify any data indicating MCL, MRDL, or TT violations, and the report must contain a clear and readily understandable explanation of the violation including:
	  ● 	 The length of the violation,
	  ● 	 The potential adverse health effects,
	  ● 	 Actions taken by the system to address the violation, and
	  ● 	 The relevant language from Appendix C to describe the potential health effects.
	  11. 	 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.
	  12. 	 Community public water supply systems may list the most recent results of the special sodium monitoring requirement according to 567—subrule 41.11(1) in the annual report, instead of providing a separate public notification.
	  13. 	 If a contaminant which does not have an MCL, MRDL, TT, or AL is detected in the water, the PWS must contact the department for the specific health effects language, health advisory level, and contamination sources.
	 (2) 	 If monitoring indicates that Cryptosporidium may be present in the source water or the finished water, or that radon may be present in the finished water, the report must include:
	  1. 	 A summary of the Cryptosporidium monitoring results;
	  2. 	 The radon monitoring results; and
	  3. 	 An explanation of the significance of the results.
	 (3) 	 If the system has performed additional monitoring which indicates the presence of other contaminants in the finished water, the system must report any results which may indicate a health concern. To determine if results may indicate a health concern, the community public water supply can determine if there is a current or proposed maximum contaminant level, maximum residual disinfectant level, treatment technique, action level, or health advisory by contacting the department or by calling the national Safe Drinking Water Hotline ((800)426-4791). The department considers the detection of a contaminant above a proposed MCL or health advisory to indicate possible health concerns. For such 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.
	 (4) 	 If the system was required to comply with the federal Information Collection Rule pursuant to the Code of Federal Regulations Title 40 Part 141, it must include the results of monitoring in compliance with Sections 141.142 and 141.143. These results need only be included for five years from the date of the sample or until any of the detected contaminants become regulated and subject to routine monitoring requirements, whichever comes first.
	  d.   	 Compliance with 567—Chapters 40, 41, 42, and 43. In addition to the requirements of paragraph 42.3(3)“c”(1)“9,” 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. Note any violation of the following requirements:
	 (1) 	 Monitoring and reporting of compliance data pursuant to 567—Chapters 41 and 43, which includes any contaminant with a maximum contaminant level, treatment technique, action level, or health advisory;
	 (2) 	 Treatment techniques:
	  1. 	 Filtration and disinfection prescribed by 567—43.5(455B). 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 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.
	  2. 	 Lead and copper control requirements. For systems which fail to take one or more actions prescribed by 567—Chapters 41 to 43 pertaining to lead and copper, the report must include the applicable language of Appendix C to this chapter for lead or copper, or both.
	  3. 	 Acrylamide and epichlorohydrin control technologies prescribed by 567—subparagraph 41.5(1)“b”(3). For systems which violate the requirements of 567—subparagraph 41.5(1)“b”(3), the report must include the relevant language from Appendix C to this chapter.
	 (3) 	 Record keeping of compliance data pursuant to 567—Chapters 40 to 43;
	 (4) 	 Special monitoring requirements; and
	 (5) 	 Violation of the terms of operation permit compliance schedule, or an administrative order or judicial order.
	  e.   	 Operation permit or administrative order with a schedule which extends the time period in which compliance must be achieved. If a system has been issued a compliance schedule with an extension for compliance, the report must contain:
	 (1) 	 An explanation of the reasons for the extension;
	 (2) 	 The date on which the extension was issued;
	 (3) 	 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 of the compliance schedule; and
	 (4) 	 A notice of any opportunity for public input in the review or renewal of the compliance schedule.
	  f.   	 Mandatory report language for explanation of contaminant occurrence. The reports 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 of the following subparagraphs (1) to (3). Subparagraph (4) is provided as a minimal alternative to subparagraphs (1) to (3). Systems may also develop their own comparable language. The report also must include the language of 42.3(3)“g.”
	 (1) 	 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 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:
	  1. 	 Microbial contaminants, such as viruses and bacteria, which may come from sewage treatment plants, septic systems, agricultural livestock operations, and wildlife.
	  2. 	 Inorganic contaminants, such as salts and metals, which can be naturally occurring or result from urban storm runoff, industrial or domestic wastewater discharges, oil and gas production, mining, or farming.
	  3. 	 Pesticides and herbicides, which may come from a variety of sources such as agriculture, storm water runoff, and residential uses.
	  4. 	 Organic chemical contaminants, including synthetic and volatile organics, which are byproducts of industrial processes and petroleum production, and can also come from gas stations, urban storm water runoff and septic systems.
	  5. 	 Radioactive contaminants, which can be naturally occurring or be the result of oil and gas production and mining activities.
	 (3) 	 In order to ensure that tap water is safe to drink, the department prescribes regulations which limit the amount of certain contaminants in water provided by public water systems. The United States Food and Drug Administration regulations establish limits for contaminants in bottled water which must provide the same protection for public heath.
	 (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 the national Safe Drinking Water Hotline ((800)426-4791).
	  g.   	 Required additional health information.
	 (1) 	 All systems. 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. The EPA/CDC guidelines on appropriate means to lessen the risk of infection by Cryptosporidium and other microbial contaminants are available from the national Safe Drinking Water Hotline ((800)426-4791).
	 (2) 	 Arsenic levels greater than 0.005 mg/L.
	  1. 	 A system which detects arsenic at levels above 0.005 mg/L and less than or equal to 0.010 mg/L:
	  ● 	 Must include in its report a short information statement about arsenic, using language such as: 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 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.
	  ● 	 May write its own educational statement, but only in consultation with the department.
	  2. 	 A community water system that detects arsenic above 0.010 mg/L and less than or equal to 0.05 mg/L must include the arsenic health effects language prescribed by Appendix C to this chapter.
	 (3) 	 Nitrate levels greater than half the MCL (5.0 mg/L). A system which detects nitrate at levels above 5.0 mg/L, but below the MCL:
	  1. 	 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 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 you should ask advice from your health care provider.
	  2. 	 May write its own education statement, but only in consultation with the department.
	 (4) 	 Nitrite levels greater than half the MCL (0.50 mg/L). A system which detects nitrite at levels above 0.50 mg/L, but below the MCL:
	  1. 	 Must include a short informational statement about the impacts of nitrite on children using language such as: Nitrite in drinking water at levels above 1 ppm is a health risk for infants of less than six months of age. High nitrite levels in drinking water can cause blue baby syndrome. If you are caring for an infant you should ask advice from your health care provider.
	  2. 	 May write its own education statement, but only in consultation with the department.
	 (5) 	 Lead 95th percentile levels above the action level (0.015 mg/L). Systems which detect lead above the action level in more than 5 percent (95th percentile) and up to and including 10 percent (90th percentile) of homes sampled:
	  1. 	 Must include a short informational statement about the special impact of lead on children using language such as: Infants and young children are typically more vulnerable to lead in drinking water than the general population. It is possible that lead levels at your home may be higher than at other homes in the community as a result of materials used in your home’s plumbing. If you are concerned about elevated lead levels in your home’s water, you may wish to have your water tested and flush your tap for 30 seconds to 2 minutes before using tap water. Additional information is available from the Safe Drinking Water Hotline ((800)426-4791).
	  2. 	 May write its own educational statement, but only in consultation with the department.
	 (6) 	 Total trihalomethane (TTHM) levels above 0.080 mg/L but less than the MCL. Community water systems that detect TTHM above 0.080 mg/L, but below the MCL in 567—subrule 41.5(1), as an annual average, monitored and calculated under the provisions of 567—paragraph 41.5(1)“e,” must include the health effects language for total trihalomethanes listed in Appendix C.
	  h.   	 Additional mandatory report requirements.
	 (1) 	 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.
	 (2) 	 In communities with a large proportion of non-English speaking residents, as determined by the department, 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.
	 (3) 	 The report must include information (e.g., time and place of regularly scheduled board meetings) about opportunities for public participation in decisions that may affect the quality of the water.
	 (4) 	 The systems may include such additional information as they deem necessary for the public education consistent with, and not detracting from, the purpose of the report.
	 42.3(4) Report delivery.
	  a.   	 Required report recipients. Each community water system must mail or otherwise directly deliver one copy of the report to each customer.
	 (1) 	 The system must make a good-faith effort to reach consumers who do not get water bills, using means recommended by the department. 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:
	  1. 	 Posting the reports on the Internet;
	  2. 	 Mailing to postal patrons in metropolitan areas;
	  3. 	 Advertising the availability of the report in the news media;
	  4. 	 Publication in a local newspaper;
	  5. 	 Posting in public places such as cafeterias or lunchrooms of public buildings;
	  6. 	 Delivery of multiple copies for distribution by single-billed customers such as apartment buildings or large private employers;
	  7. 	 Delivery to community organizations.
	 (2) 	 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 department, 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 department.
	 (3) 	 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 department, such as the Iowa department of public health or county board of health.
	  b.   	 Availability of report. Each community water system must make its report available to the public upon request. 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.
	  c.   	 Waiver from mailing requirements for systems serving fewer than 10,000 persons. All community public water supply systems with fewer than 10,000 persons served will be granted the waiver, except for those systems which have the following: one or more exceedances of a maximum contaminant level, treatment technique, action level, or health advisory; an administrative order; a court order; significant noncompliance with monitoring or reporting requirements; or an extended compliance schedule contained in the operation permit. Even though a public water supply system has been granted a mailing waiver, subparagraphs 42.3(4)“a”(2) to (4) and paragraph 42.3(4)“b” still apply to all community public water supply systems. A mailing waiver is not allowed for the report covering the year during which one of the previously listed exceptions occurred. Systems which use the mailing waiver must:
	 (1) 	 Publish the reports in one or more local newspapers serving the area in which the system is located;
	 (2) 	 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 department; and
	 (3) 	 Make the reports available to the public upon request.
	  d.   	 Waiver from mailing requirements for systems serving 500 or fewer in population. All community public water supply systems serving 500 or fewer persons will be granted the waiver, except for those systems which have the following: one or more exceedances of a maximum contaminant level, treatment technique, action level, or health advisory; an administrative order; a court order; significant noncompliance with monitoring or reporting requirements; or an extended compliance schedule contained in the operation permit. Systems serving 500 or fewer persons which use the waiver may forego the requirements of subparagraphs 42.3(4)“c”(1) and (2) if they provide notice at least once per year to their customers by mail, door-to-door delivery, or by posting that the report is available upon request, in conspicuous places within the area served by the system acceptable to the department. A mailing waiver is not allowed for the report covering the year during which one of the previously listed exceptions occurred. Even though a public water supply system has been granted a mailing waiver, subparagraphs 42.3(4)“a”(2) to (4) and paragraph 42.3(4)“b” still apply to all community public water supply systems.
[ARC 9915B, IAB 12/14/11, effective 1/18/12]