OAR 333-061-0043: Consumer Confidence Reports

This rule establishes the minimum requirements for the content of annual reports that water suppliers must deliver to their customers at community water systems. 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 detected in the drinking water in an accurate and understandable manner. For the purposes of this rule, customers are defined as billing units or service connections to which water is delivered by a community water system; and consumers are defined as people served by the water system, including customers, and people that do not receive a bill. (1) Report delivery. (a) Water suppliers must deliver their reports by July 1, every year. Reports must contain data collected during, or prior to, the previous calendar year. (b) For water systems serving 10,000 or more people, water suppliers must deliver the report twice every calendar year, beginning January 1, 2027. (A) The first report must be delivered by July 1 and include data collected during, or prior to, the previous calendar year. (B) The second report must be delivered by December 31 and include, if applicable, the additional information specified in subsection (2)(e) of this rule. (c) For new water systems, water suppliers must deliver the first report by July 1 following the first full calendar year of operation and by July 1 every year thereafter. (d) For water suppliers that sell water to a community water system, the water supplier must deliver the applicable information specified in section (2) of this rule to the purchasing water supplier : (A) No later than April 1, annually; or (B) On a date mutually agreed upon by the seller and the purchaser, and included in a contract between the parties. (C) For water systems at which reports are required biannually, the water supplier must provide the applicable information required in section (2) of this rule to the purchasing water supplier, no later than October 1, 2027, and annually thereafter, or a date mutually agreed upon by the seller and the purchaser, included in a contract between the parties. (e) Except as provided in subsection (1)(j) of this rule, water suppliers must directly deliver a copy of the report to each customer using one of the forms of delivery listed in paragraphs (1)(e)(A), (B) or (C) of this rule. (A) Mailing or hand delivering a paper copy of the report. (B) Providing the report electronically by: (i) Mailing a notification that the report is available on a website via a direct link; or (ii) Sending by electronic mail, a direct link or electronic version of the report. (iii) Water suppliers using the electronic delivery methods listed in subparagraphs (1)(e)(B)(i) or (ii) of this rule must provide a paper copy of the report to any customer upon request. The notification method must prominently display directions for requesting such copy. (iv) For water suppliers that choose to electronically deliver the reports by posting the report to a website and providing a notification either by mail or electronic mail: (I) The report must be publicly available on the website at the time notification is made; (II) Notifications must prominently display the link and include an explanation about the nature of the link; and (III) Water suppliers may use a webpage to display the information required by sections (3), (4) and (6) of this rule. (IV) Water suppliers using a publicly available website to provide reports must maintain public access to each report for at least three years. (C) Another direct delivery method approved in writing by the Oregon Health Authority (Authority). (f) Water suppliers must make a good faith effort to reach consumers who do not get water bills, using means recommended by the Authority. The United States Environmental Protection Agency (U.S. 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 includes a mix of methods appropriate to the particular system such as but not limited to: posting the reports on the Internet; mailing reports or postcards with links to the reports to all service addresses or postal customers; using an opt in notification system to send electronic mail or text message with links to the reports to interested consumers; advertising the availability of the report in the news media and on social media; publication in a local newspaper or newsletter; posting a copy of the report or notice of availability with links (or equivalent, such as Quick Response (QR) codes) 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; and holding a public meeting to educate consumers about the reports. (A) Where a water supplier is aware that it serves a substantial number of non-bill paying consumers, the water supplier is encouraged to directly deliver the reports or notices of availability of the reports to service addresses. (B) Where a water supplier is aware of a substantial number of bill-paying consumers without access to electronic forms of the report, the water supplier should use at least one non-electronic form of delivery. (g) No later than the date the water supplier is required to distribute the report to its customers, water suppliers must deliver the report to any other agency or clearinghouse identified by the Authority. (h) Water suppliers must make reports available to the public upon request. Water suppliers should make a reasonable effort to provide the reports in an accessible format to anyone who requests an accommodation. (i) For water systems serving 50,000 or more persons, water suppliers must post the current year's report to a publicly accessible site on the internet. (j) The Governor of Oregon or their designee, can waive the requirement of subsection (1)(a) of this rule for water systems serving fewer than 10,000 persons. (A) For such systems, water suppliers 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 Authority; and (iii) Make the reports available to the public upon request. (B) For water systems serving 500 or fewer persons, water suppliers may forego the requirements of subparagraphs (1)(j)(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. (k) For water systems serving 100,000 or more persons, water suppliers must develop a plan for providing assistance to consumers with limited English proficiency. The water supplier must evaluate the languages spoken by persons with limited English proficiency served by the water system, and the water supplier’s anticipated approach to address translation needs. The first plan must be provided to the Authority with the first report in 2027. Plans must be evaluated annually and updated as necessary and reported with the certification prescribed by OAR 333-061-0040(1)(t). (2) Content of the Reports : (a) The annual reports must include the information specified in sections (2) through (5) of this rule and include a summary as specified in section (6) of this rule. (b) Each report must identify the source(s) of the water delivered by the water system by providing information on: (A) The type of water: for example, surface water, groundwater; 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, the year it was completed or most recently updated, and the means to obtain it. In addition, water suppliers are encouraged to highlight in the report significant potential sources of contamination in the drinking water protection area (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 water supplier; (d) Each report must include the following definitions: (A) Contaminant: Any physical, chemical, biological, or radiological substance or matter in water. (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 maximum contaminant level goals (MCLGs) as feasible using the best available treatment technology. (C) 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. (D) 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. (E) 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. (F) Treatment Technique or Action Level: A system which has a detection for a contaminant for which the U.S. 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 supplier must follow. (G) Variance: A system operating under a variance as prescribed in OAR 333-061-0045 must include the following definition in its report: Variances: State permission not to meet an MCL or a treatment technique under certain conditions. (H) The following definitions must be used if the terms listed below are used in the report unless the water supplier obtains written approval from the Authority to use an alternate definition: (i) Pesticide: generally, any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest. (ii) Herbicide: Any chemical(s) used to control undesirable vegetation. (e) For water systems where a second report is required by December 31 as prescribed by subsection (1)(b) of this rule, and where violations and action level exceedances occurred between January 1 and June 30 of the current calendar year, or where monitoring results were received according to the federal Unregulated Contaminant Monitoring Rule (UCMR) in CFR 141.40, water suppliers must include a six-month update with the second report. The six-month update must include, if applicable, the information specified in paragraphs (2)(e)(A) through (E) of this rule. (A) A brief description of the nature of the six-month update and biannual delivery. (B) If the water system received a violation of a maximum contaminant level (MCL), maximum residual disinfectant level (MRDL) or a treatment technique violation, the update must include the applicable contaminant information and a readily understandable explanation of the violation including: the length of the violation, the potential adverse health effects, actions taken by the water supplier to address the violation, and timeframe the water supplier expects to complete those actions. To describe the potential health effects, the water supplier must use the relevant language specified in section (3) of this rule. (C) If the water system received any other violation. (D) If the lead action level was exceeded at the water system, water suppliers must include the information specified in subsections (3)(f) and (3)(p) of this rule. (E) For water systems where monitoring results were received according to the UCMR and a water supplier becomes aware of results for samples collected during the reporting year but did not include the results in the report distributed by July 1, the water supplier must include the average and range at which the contaminant was detected, a brief explanation of the reasons for monitoring for unregulated contaminants such as: unregulated contaminant monitoring helps to determine where certain contaminants occur and whether the United States Environmental Protection Agency (U.S. EPA) should consider regulating those contaminants in the future or the water supplier may use an alternative educational statement in the report if approved by the Oregon Health Authority (Authority). (f) For water systems where a lead service line inventory was required as prescribed by OAR 333-061-0036(10)(h), the report must notify consumers that complete lead tap sampling data is available for review and must include information on how to access the data. (A) The report must include a statement that a service line inventory (including inventories where the publicly accessible inventory consists of a written statement that there are no lead, galvanized requiring replacement, or lead status unknown service lines, known lead connectors or connectors of unknown material) has been prepared and include instructions to access the publicly accessible service line inventory. If the service line inventory is available online, the report must include the direct link to the inventory. (B) For water systems with lead, galvanized requiring replacement, or lead status unknown service lines in the system's inventory, the report must include information about how to obtain a copy of the service line replacement plan or a direct link to the plan if the water supplier is required to make the service line replacement plan available online. (C) The report must contain a plainly worded explanation of corrosion control efforts at the water system according to OAR 333-061-0034. Corrosion control efforts consist of treatment (for example, pH adjustment, alkalinity adjustment, or corrosion inhibitor addition) and other efforts contributing to the control of the corrosivity of water (for example, monitoring to assess the corrosivity of water). The water supplier may use one of the templates provided in subparagraph (2)(f)(C)(i) or (ii) of this rule, or use their own explanation that includes equivalent information. (i) For water systems with Authority designated optimal corrosion control treatment: (I) Corrosion of pipes, plumbing fittings, and fixtures may cause lead and copper to enter drinking water. To assess corrosion of lead and copper, [name of water supplier] conducts tap sampling for lead and copper at selected sites [insert frequency at which water supplier conducts tap sampling]. [name of water supplier] treats water using [identify treatment method] to control corrosion, which was designated as the optimal corrosion control treatment by the Authority. To ensure the treatment is operating effectively, [name of water supplier] monitors water quality parameters set by the Authority [insert frequency at which water supplier conducts water quality parameter monitoring]. (II) If applicable add: [name of water supplier] is currently conducting a study of corrosion control to determine if any changes to treatment methods are needed to minimize the corrosivity of the water. (ii) For water systems without Authority designated optimal corrosion control treatment: (I) Corrosion of pipes, plumbing fittings and fixtures may cause metals, including lead and copper, to enter drinking water. To assess corrosion of lead and copper, [name of water supplier] conducts tap sampling for lead and copper at selected sites [insert frequency at which system conducts tap sampling]. (II) If applicable, add: [name of water supplier] treats water using [identify treatment method] to control corrosion. (III) If applicable add: [name of water supplier] is currently conducting a study of corrosion control to determine if any changes to treatment methods are needed to minimize the corrosivity of the water. (D) The report must include a statement that the water supplier is required to sample for lead in schools and licensed child care facilities as requested by the facility and that directs the public to contact their school or child care facility for further information about potential sampling results. (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 U.S. 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 presented in the reports in a manner that is clear and understandable for consumers. For example, the data may be displayed in one table or in several adjacent tables. (A) For the purposes of this rule, water suppliers may use a chart, graph, illustration or other equivalent method to display data instead of using a table, so long as the information is clear and understandable to consumers. (B) Any additional monitoring results which a water supplier chooses to include in the 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 water supplier 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 42 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 42); (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 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 total trihalomethanes (TTHM) and haloacetic acids (five) (HAA5) as specified by OAR 333-061-0030(2)(b), water suppliers must include the highest locational running annual average (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 supplier 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 supplier is required to include individual sample results for an initial distribution system evaluation (IDSE) conducted in accordance with OAR 333-061-0036(4)(b) 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 42 of this rule. (e) Turbidity: (A) When it is reported pursuant to OAR 333-061-0030(3)(a), 333-061-0032(2), and 333-061-0036(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(3): The highest single measurement and the lowest monthly percentage of samples meeting the turbidity limits specified in OAR 333-061-0030(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(s) of sampling and the number of sampling sites exceeding the action level, the range of tap sampling results and the lead-specific information as prescribed in subsection (4)(d) 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 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 43 which are most applicable to the system. (j) If a water supplier 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, water suppliers 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 water supplier to address the violation. To describe the potential health effects, the water supplier must use the relevant language in Table 43 of this rule. (l) For detected unregulated contaminants for which monitoring is required, the reports must present the average and range at which the contaminant was detected. The report must include a brief explanation of the reasons for monitoring for unregulated contaminants such as: (A) Unregulated contaminant monitoring helps the U.S. EPA to determine where certain contaminants occur and whether the Agency should consider regulating those contaminants in the future. (B) Water suppliers may use an alternative educational statement in the report if approved by the Authority.. (m) Information on Cryptosporidium , radon, and other contaminants: (A) If the water supplier 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 water supplier 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 water supplier has performed additional monitoring which indicates the presence of other contaminants in the finished water, the water supplier is strongly encouraged to report any results which may indicate a health concern. To determine if results may indicate a health concern, the U.S. EPA recommends that water suppliers find out if the 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 U.S. EPA considers detects above a proposed MCL or health advisory level to indicate possible health concerns. For such contaminants, the U.S. 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 chapter 333, division061: 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 water supplier has taken to correct the violation. (A) Monitoring and reporting of compliance data; (B) Filtration and disinfection prescribed by OAR 333-061-0032: For water suppliers 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 water supplier which fail to take one or more actions prescribed by OAR 333-061-0034 the report must include the applicable language in Table 43 of this rule for lead, copper, or both; (D) Treatment techniques for Acrylamide and Epichlorohydrin: For water systems where the requirements of OAR 333-061-0030(7) were violated, the report must include the relevant health effects language in Table 43 of this rule. (E) Recordkeeping of compliance data; (F) Special monitoring requirements prescribed by OAR 333-061-0036(2)(e) and for unregulated contaminants as required by the U.S. EPA; (G) Violation of the terms of a variance, administrative order or judicial order. (o) Variances: If a water system is operated under the terms of a variance as prescribed in OAR 333-061-0045, 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) For water systems where the lead action level specified in OAR 333-061-0030(1) is exceeded, the detected contaminant data section must clearly identify the exceedance, whether any corrective action has been required by the Authority during the monitoring period covered by the report. The report must include a clear and readily understandable explanation of the exceedance, the steps consumers can take to reduce their exposure to lead in drinking water, and a description of any corrective actions the water supplier has or will take to address the exceedance. (q) 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)(q)(A)(i), (ii) and (iii) of this rule, or water suppliers may use their own comparable language. The report also must include the language of subparagraph (3)(q)(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, the U.S. EPA prescribes regulations which limit the amount of certain contaminants in water provided by public water systems. U.S. Food and Drug Administration (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 U.S. 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 water system as a source of additional information concerning the report. If a water supplier uses a website or social media to share additional information, the Authority recommends including information about how to access such media platforms in 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 water supplier 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) Water suppliers may include such additional information as deemed 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. U.S. EPA/ Centers for Disease Control and Prevention (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) For water systems where arsenic is detected at concentrations above 0.005 mg/l and up to and including 0.010 mg/L: (A) Water suppliers must include in its report a short informational statement about arsenic, using language such as: Arsenic is known to cause cancer in humans. Arsenic also may cause other health effects such as skin damage and circulatory problems. [NAME OF WATER SYSTEM] meets the arsenic drinking water standard, also known as a maximum contaminant level (MCL); however, you should know that the MCL for arsenic balances the scientific community's understanding of arsenic-related health effects and the cost of removing arsenic from drinking water. The highest concentration of arsenic found in [YEAR] was [INSERT MAX ARSENIC LEVEL per section (3) of this rule] parts per billion. (B) Water suppliers may use an alternative educational statement in the report if approved by the Authority. (c) For water systems where nitrate is detected at concentrations above 5 mg/l, but where concentrations do not exceed the MCL: (A) Water suppliers must include a short informational statement about the impacts of nitrate on children using language such as: Even though [NAME OF WATER SYSTEM] meets the nitrate drinking water standard, also known as a maximum contaminant level (MCL), if you are caring for an infant and using tap water to prepare formula, you may want to use alternate sources of water or ask for advice from your health care provider. Nitrate levels above 10 ppm pose a particularly high health concern for infants under six months of age and can interfere with the capacity of the infant's blood to carry oxygen, resulting in a serious illness. Symptoms of serious illness include shortness of breath and blueness of the skin, known as “blue baby syndrome.” Nitrate levels in drinking water can increase for short periods of time due to high levels of rainfall or agricultural activity, therefore we test for nitrate [INSERT APPLICABLE SAMPLING FREQUENCY]. The highest level for nitrate found during [YEAR] was [INSERT MAX NITRATE LEVEL per section (3) of this rule] parts per million. (B) Water suppliers may use an alternative educational statement in the report if approved by the Authority. (d) 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. Lead can cause serious health effects in people of all ages, especially pregnant people, infants (both formula-fed and breastfed), and young children. Lead in drinking water is primarily from materials and parts used in service lines and in home plumbing. [INSERT NAME OF WATER SYSTEM] is responsible for providing high quality drinking water and removing lead pipes but cannot control the variety of materials used in the plumbing in your home. Because lead levels may vary over time, lead exposure is possible even when your tap sampling results do not detect lead at one point in time. You can help protect yourself and your family by identifying and removing lead materials within your home plumbing and taking steps to reduce your family's risk. Using a filter, certified by an American National Standards Institute accredited certifier to reduce lead, is effective in reducing lead exposures. Follow the instructions provided with the filter to ensure the filter is used properly. Use only cold water for drinking, cooking, and making baby formula. Boiling water does not remove lead from water. Before using tap water for drinking, cooking, or making baby formula, flush your pipes for several minutes. You can do this by running your tap, taking a shower, doing laundry or a load of dishes. If you have a lead service line or galvanized requiring replacement service line, you may need to flush your pipes for a longer period. If you are concerned about lead in your water and wish to have your water tested, contact [INSERT NAME OF WATER SYSTEM and CONTACT INFORMATION]. Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available at https://www.epa.gov/safewater/lead. (B) Water suppliers may use an alternative educational statement in the report if approved by the Authority. (e) Requirements related to coliform investigations. (A) A water supplier required to complete 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)(e)(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) Water suppliers required to complete 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)(e)(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) Water suppliers that 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)(e)(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 water supplier 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(6)(l) must inform its customers in the next report. The water supplier 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(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(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(6); and (D) The potential health effects language specified in OAR 333-061-0042(11)(d)(A) if the water supplier received notice of a E. coli -positive groundwater source sample that was not invalidated by the Authority in accordance with OAR 333-061-0036(6)(l). (b) The Authority may require a water supplier where significant deficiencies were 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) Summary of Report Contents. (a) Each report must include a summary displayed prominently at the beginning of the report, including a brief description of the nature of the report. (b) Water suppliers must include, at a minimum, the following information in the summary: (A) Summary of violations and compliance information included in the report as required by subsections (3)(k), (3)(n), (3)(p) and (4)(e) and section (5) of this rule. (B) Contact information for owner, operator, or public representative for the water system as a source of additional information concerning the report. (c) If applicable, water suppliers must include the following in the summary: (A) For water suppliers using electronic delivery methods described in subsection (6)(a) of this rule, the summary must include directions for consumers to request a paper copy of the report. (B) For systems subject to subsection (6)(i) of this rule because they serve a large proportion of consumers with limited English proficiency, the summary must include information where consumers may obtain a translated copy of the report, or get assistance in the appropriate language(s). (C) For water suppliers using the report to also meet the public notification requirements of OAR 333-061-0042, the summary must specify that it is also serving to provide public notification about one or more violations or situations, provide a brief statement about the nature of the notice(s), and a brief description of how to locate the notice(s) in the report. (d) The summary should be written in plain language and may use infographics. (e) For water systems where a six-month update is required with the second report according to subsection (1)(b) of this rule, the summary should include a brief description of the nature of the report and update, noting the availability of new information for the current year (between January and June). (f) The report summary must include the following standard language in italics to encourage the distribution of the report to all persons served: Please share this information with anyone who drinks this water (or their guardians), especially those who may not have received this report directly (for example, people in apartments, nursing homes, schools, and businesses). You can do this by posting this report in a public place or distributing copies by hand, mail, email, or another method. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.]