Ill. Admin. Code tit. 35 § 611.883

Current through Register Vol. 48, No. 49, December 6, 2024

Section 611.883 - Content of the Reports

a) Each CWS must provide to its customers an annual report containing the information this Section and Section 611.884 specify.

b) Information on the Source of the Water the Supplier Delivers

1) Each report must identify the sources of the water the CWS delivers providing certain information:

A) The type of the water (i.e., surface water, groundwater, or groundwater under the direct influence of surface water); and

B) The commonly used name (if any) and location of the source body (or bodies) of water.

2) If the supplier has a complete source water assessment, the report must notify consumers of the availability of this assessment and how to obtain it. In addition, the supplier should highlight in the report significant sources of contamination in the source water area if the supplier readily has that information. If the supplier received the source water assessment from the Agency, the report must include a brief summary of the system's susceptibility to potential sources of contamination, using language the Agency provides or as the supplier writes.

c) Definitions

1) Each report must include two definitions:

A) Maximum Contaminant Level Goal or MCLG: The level of a contaminant in drinking water below which USEPA determines no known or expected risk to health exists. MCLGs allow for a margin of safety.

BOARD NOTE: Although an MCLG is not an NPDWR that the Board must include in the Illinois SDWA regulations, USEPA mandates using this definition.

B) Maximum Contaminant Level or MCL: The highest level of a contaminant that USEPA allows in drinking water. USEPA sets MCLs as close to the MCLGs as feasible using the best available treatment technology.

2) A CWS operating under relief from an NPDWR issued under Section 611.111, 611.112, 611.130, or 611.131 must include the following definition in its report: "Variances, Adjusted Standards, and Site-specific Rules: State permission not to meet an MCL or a treatment technique under certain conditions."

3) A report containing data on contaminants that USEPA regulates using any of certain terms must include the applicable definitions:

A) Treatment technique: A required process for reducing the concentration of a contaminant in drinking water.

B) Action level: The concentration of a contaminant above which a supplier must follow treatment or other requirements.

C) Maximum residual disinfectant level goal or MRDLG: The concentration of a drinking water disinfectant below which there is no known or expected risk to health. MRDLGs do not reflect the benefits of using disinfectants to control microbial contaminants.

BOARD NOTE: Although an MRDLG is not an NPDWR that the Board must include in the Illinois SDWA regulations, USEPA mandates using this definition if the report uses the term "MRDLG".

D) Maximum residual disinfectant level or MRDL: The highest concentration of a disinfectant USEPA allows in drinking water. There is convincing evidence that adding a disinfectant is necessary to control microbial contaminants.

4) A report containing information about a Level 1 or Level 2 assessment under Subpart AA requires must include the applicable definition:

A) "Level 1 assessment: A Level 1 assessment is 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 assessment: A Level 2 assessment is a very detailed study of the water system to identify potential problems and determine (if possible) why an E. coli MCL violation occurred or why monitoring found total coliform bacteria in our water system on multiple occasions."

d) Information on Detected Contaminants

1) This subsection (d) specifies the information a supplier must include in each report for contaminants subject to mandatory monitoring (except Cryptosporidium):

A) Contaminants subject to an MCL, action level, MRDL, or treatment technique (regulated contaminants); and

B) Contaminants for which monitoring is required by USEPA under 40 CFR 141.40 (unregulated contaminants).

2) The report must display these contaminants in one table or in several adjacent tables. The CWS must separately display any additional monitoring results it chooses to include in its report.

3) The supplier must derive the data in the report from data it collected to comply with monitoring and analytical requirements during each calendar year. If the Agency allows a supplier to monitor for regulated contaminants less frequently than annually, the tables must include the date and results of the most recent sampling, and the report must include a brief statement indicating that the data in the report is from the most recent testing done under the regulations. The supplier must not include data older than five years.

4) For each detected regulated contaminant (listed in Appendix A), the tables must contain specific information:

A) The MCL for the contaminant expressed as a number equal to or greater than 1.0 (as Appendix A provides);

B) The federal Maximum Contaminant Level Goal (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 for the contaminant, and the report must include the applicable of the definitions for treatment technique or action level that subsection (c)(3) specifies;

D) For contaminants subject to an MCL, except turbidity, total coliforms, fecal coliforms, and E. coli, the highest contaminant level the supplier used to determine compliance with the applicable NPDWR and the range of detected levels:

i) When the supplier determines compliance with the MCL 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 the supplier determines compliance with the MCL by calculating a running annual average of all samples taken at a monitoring location: the highest average of all monitoring locations and the range of all monitoring locations expressed in the same units as the MCL. For TTHM and HAA5 MCLs in Section 611.312(b), the supplier 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 results from more than one location exceed the TTHM or HAA5 MCL, the supplier must include the locational running annual average for each location having results exceeding the MCL.

iii) When the supplier determines compliance with the MCL on a system-wide basis by calculating a running annual average of all samples at all monitoring locations: the average and range of detected concentrations expressed in the same units as the MCL. The supplier must include individual sample results for the IDSE the supplier conducted under Subpart W when determining the range of TTHM and HAA5 results to report in its annual consumer confidence report for the calendar year when the supplier took the IDSE samples;

BOARD NOTE: If a rule allows rounding results to determine compliance with an MCL, the supplier should round before multiplying the results by the applicable factor in Appendix A.

E) For turbidity:

i) Corresponding 40 CFR 141.153(d)(4)(v)(A) relates to an MCL for turbidity applicable to unfiltered systems, which do not exist in Illinois. This statement maintains structural consistency with the federal rules.

ii) If the supplier reports under Section 611.211(b): the highest monthly value. The report must explain the reasons for measuring turbidity.

iii) If the supplier reports under Section 611.250, 611.743, or 611.955(b): the highest single measurement and the lowest monthly percentage of samples meeting the turbidity limits Section 611.250, 611.743, or 611.955(b) specifies for the filtration technology the supplier uses. The report must explain the reasons for measuring turbidity;

F) For lead and copper: the 90^th percentile concentration of the most recent rounds of sampling, the number of sampling sites exceeding the action level, and the range of tap sampling results;

G) This subsection (d)(4)(G) corresponds with 40 CFR 141.153(d)(4)(vii), which has no operative effect after a past implementation date. This statement maintains structural consistency with the federal regulations;

H) This subsection (d)(4)(H) corresponds with 40 CFR 141.153(d)(4) (viii), a now-obsolete implementing provision. This statement maintains structural consistency with the federal regulations;

I) The likely sources of detected contaminants to the best of the supplier's knowledge. Specific information regarding contaminants may be available in sanitary surveys and source water assessments and must be used when available to the supplier. If the supplier lacks specific information on the likely source, the report must include one or more of the typical sources for that contaminant listed in Appendix G that are most applicable to the CWS;

J) For E. coli analytical results under Subpart AA, the total number of positive samples;

K) The report must state that the supplier inventoried its service lines (including if only a statement that the supplier serves no lead service lines) and instruct how to access the service line inventory; and

L) The report must notify consumers that complete lead tap sampling data are available for review and must inform how to access the data.

5) If a CWS distributes water to its customers from multiple hydraulically independent distribution systems fed by different raw water sources, the table must contain a separate column for each service area, and the report must identify each separate distribution system. Alternatively, a CWS may produce separate reports tailored to include data for each service area.

6) The tables 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, including specific information: the length of the violation, the potential adverse health effects, and actions the CWS took to address the violation. To describe the potential health effects, the CWS must use the relevant language from Appendix A.

7) For detected unregulated contaminants for which USEPA requires monitoring under 40 CFR 141.40 (except Cryptosporidium), the tables must contain the average and range at which the supplier detected the contaminant. The report may briefly explain the reasons for monitoring for unregulated contaminants.

e) Information on Cryptosporidium, radon, and other contaminants:

1) If the CWS monitored for Cryptosporidium, including monitoring under Subpart L, and the monitoring indicates the possible presence of Cryptosporidium in the supplier's source water or finished water, the report must include specific information:

A) It must summarize the monitoring results; and

B) It must explain the results' significance.

2) If the CWS monitored for radon, and the monitoring indicates the possible presence of radon in the supplier's finished water, the report must include specific information:

A) The monitoring results; and

B) It must explain the results' significance.

3) If the CWS conducted additional monitoring indicating the presence of other contaminants in the supplier's finished water, the report must include specific information:

A) The monitoring results; and

B) It must explain the results' significance noting any pertinent health advisory or proposed regulation.

f) Complying with an NPDWR. In addition to the information subsection (d)(6) requires, the report must note any of specific violations in subsections (f)(1) through (f)(7) occurring during the year the report covers and include a clear and readily understandable explanation of the violation, any potential adverse health effects, and the steps the CWS took to correct the violation.

1) Monitoring and reporting compliance data.

2) Filtration and Disinfection Under Subpart B. For a CWS failing to install adequate filtration or disinfection equipment or processes or having filtration or disinfection equipment or processes fail, causing a violation, the report must include specific language to explain potential adverse health effects: "Inadequately treated water may contain disease-causing organisms. These organisms include bacteria, viruses, and parasites that can cause symptoms such as nausea, cramps, diarrhea, and associated headaches."

3) Lead and Copper Control Requirements Under Subpart G. For a supplier failing to take one or more actions under Section 611.350(d), 611.351, 611.352, 611.353, or 611.354, the report must include the applicable language from Appendix A for lead, copper, or both.

4) Treatment Techniques for Acrylamide and Epichlorohydrin Under Section 611.296. For a supplier violating Section 611.296, the report must include the applicable language from Appendix A.

5) A supplier failing to maintain required compliance data records.

6) A supplier not complying with special monitoring requirements under Section 611.630.

7) A supplier violating the terms of a variance, adjusted standard, site-specific rule, or administrative or judicial order.

g) Variances, Adjusted Standards, and Site-Specific Rules. If a supplier operates under the terms of a variance, adjusted standard, or site-specific rule the Board issued under Section 611.111, 611.112, or 611.131, the report must contain certain information:

1) It must explain the reasons for the variance, adjusted standard, or site-specific rule;

2) It must state when the Board issued the variance, adjusted standard, or site-specific rule;

3) It must include a brief status report on the steps the CWS is taking to install treatment, find alternative sources of water, or otherwise comply with the terms and schedules of the variance, adjusted standard, or site-specific rule; and

4) It must include a notice of any opportunity for public input in any review or renewal of the variance, adjusted standard, or site-specific rule.

h) Additional Information

1) The report must briefly explain about contaminants that one may reasonably expect to find in drinking water, including bottled water. This may include the language from subsections (h)(1)(A) through (h)(1)(C), or the CWS may use its own comparable language. The report also must include the language from subsection (h)(1)(D).

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. The water can also pick up substances resulting from the presence of animals or from human activity.

B) Source water may include any of several contaminants:

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, or residential uses;

iv) Organic chemical contaminants, including synthetic and volatile organic chemicals, which are products and byproducts of industrial processes and petroleum production and which can also come from gas stations, urban stormwater runoff, or septic systems; and

v) Radioactive contaminants, which can be naturally-occurring or 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 that limit the amount of certain contaminants in water PWSs provide. United States Food and Drug Administration (USFDA) regulations establish limits for contaminants in bottled water that must provide the same protection for public health.

D) One may reasonably expect drinking water, including bottled water, 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 is available from the USEPA Safe Drinking Water Hotline (800-426-4791) or USEPA's Safe Drinking Water Information webpage (www.epa.gov/ground-water-and-drinking-water/safe-drinking-water-information).

2) The report must include a telephone number for the CWS's owner, operator, or designee as a source of additional information about the report.

3) In communities with a large proportion of non-English speaking residents, as the Agency determines, the report must contain information in the appropriate languages regarding the importance of the report or contain a telephone number or address where residents may contact the supplier for a translated copy of the report or assistance in the appropriate language.

4) The report must inform about opportunities for public participation in decisions potentially affecting water quality.

5) The CWS may include any additional information it deems necessary for public education that is consistent with and does not detract from the purpose of the report.

6) Suppliers That Must Comply with Subpart S

A) Any GWS supplier receiving written notice from the Agency of a significant deficiency must inform its customers of any significant deficiency still uncorrected at the time of the next report. Any GWS supplier receiving notice from a laboratory of a fecal indicator-positive groundwater source sample that the Agency does not invalidate under Section 611.802(d) must inform its customers of the fecal indicator-positive groundwater source sample in the next report. The supplier must continue to annually inform the public until the Agency issues a SEP determining the supplier corrected the particular significant deficiency or addressed the fecal contamination in the groundwater source under Section 611.803(a). Each report must include specific information:

i) The nature of the particular significant deficiency or the source of the fecal contamination (if the supplier knows the source) and the date the Agency identified the significant deficiency or the dates of the fecal indicator-positive groundwater source samples;

ii) Whether or not the supplier has addressed the fecal contamination in the groundwater source under Section 611.803(a) and the date the supplier did so;

iii) For each significant deficiency or fecal contamination in the groundwater source that the supplier has not addressed under Section 611.803(a), the Agency-approved plan and schedule for correction, including interim measures, progress to date, and any interim measures the supplier completed; and

iv) If the supplier receives notice of a fecal indicator-positive groundwater source sample that the Agency does not invalidate under Section 611.802(d), the potential health effects using the pertinent health effects language from Appendix A.

B) If the Agency issues a SEP directing a supplier to do so, a supplier with significant deficiencies that the supplier corrected before issuing the next report must inform its customers under subsection (h)(7)(A)(iv) of the significant deficiency, how the supplier corrected the deficiency, and the date the supplier corrected the deficiency.

7) Suppliers That Must Comply with Subpart AA

A) Any supplier that must comply with the Level 1 assessment requirement or a Level 2 assessment requirement that is not due to an E. coli MCL violation must include in the report the text found in subsections (h)(7)(A)(i) and (h)(7)(A)(ii) or (h)(7)(A)(i) and (h)(7)(A)(iii), as appropriate, filling in the blanks accordingly and the text found in subsection (h)(7)(A)(iv), if 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 assessment(s) to identify problems and to correct any problems that were found during these assessments."

ii) "During the past year we were required to conduct [insert number of Level 1 assessments] Level 1 assessment(s). [insert number of Level 1 assessments] Level 1 assessment(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 assessments] Level 2 assessments were required to be completed for our water system. [insert number of Level 2 assessments] Level 2 assessments were completed. In addition, we were required to take [insert number of corrective actions] corrective actions and we completed [insert number of corrective actions] of these actions."

iv) Any supplier that has failed to complete all the required assessments or correct all identified sanitary defects, is in violation of the treatment technique requirement and must also include one or both of the following statements, as appropriate: "During the past year we failed to conduct all of the required assessment(s)." or "During the past year we failed to correct all identified defects that were found during the assessment."

B) Any supplier that must conduct a Level 2 assessment due to an E. coli MCL violation must include in the report the text found in subsections (h)(7)(B)(i) and (h)(7)(B)(ii), filling in the blanks accordingly and the appropriate alternative text found in subsection (h)(7)(B)(ii), if 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 assessment(s) to identify problems and to correct any problems that were found during these assessments."

ii) "We were required to complete a Level 2 assessment because we found E. coli in our water system. In addition, we were required to take [insert number of corrective actions] corrective actions and we completed [insert number of corrective actions] of these actions."

iii) Any supplier that has failed to complete the required assessment or correct all identified sanitary defects, is in violation of the treatment technique requirement and must also include one or both of the following statements, as appropriate: "We failed to conduct the required assessment." or "We failed to correct all sanitary defects that were identified during the assessment that we conducted."

C) If a supplier detects E. coli and has violated the E. coli MCL, in addition to completing the table, as subsection (d)(4) requires, the supplier must include one or more of specific statements best describing the 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 take all required repeat samples following an E. coli-positive routine sample."

iv) "We failed to test for E. coli when any repeat sample tested positive for total coliform."

D) If a supplier detects E. coli but does not violated the E. coli MCL, in addition to completing the table as subsection (d)(4) requires, the supplier may include a statement explaining that although the supplier detected E. coli, it did not violate the E. coli MCL.

Ill. Admin. Code tit. 35, § 611.883

Amended at 38 Ill. Reg. 3608, effective January 27, 2014

Amended at 39 Ill. Reg. 3713, effective 2/24/2015

Amended at 42 Ill. Reg. 1140, effective 1/4/2018

Amended at 43 Ill. Reg. 8206, effective 7/26/2019

Amended at 44 Ill. Reg. 6996, effective 4/17/2020

Amended at 47 Ill. Reg. 16486, effective 11/2/2023

BOARD NOTE: This Section derives from 40 CFR 141.153.