5 Colo. Code Regs. § 1002-11.33

Current through Register Vol. 47, No. 20, October 25, 2024
Section 5 CCR 1002-11.33 - PUBLIC NOTIFICATION RULE
11.33(1)Applicability and Definitions
(a) For all public water systems, the supplier must comply with the public notice requirements specified in this rule for the violations or situations specified in Table 11.33-I.

TABLE 11.33-I VIOLATION CATEGORIES AND OTHER SITUATIONS REQUIRING A PUBLIC NOTICE

CPDWR violations

Failure to comply with an MCL or MRDL

Failure to comply with a treatment technique requirement

Failure to perform required water quality monitoring

Failure to comply with required testing procedures

Variance or exemption under 11.43

Operation under a variance or an exemption

Failure to comply with the terms and schedule of any variance or exemption

Other situations requiring public notice

Occurrence of a waterborne disease outbreak or other waterborne emergency

Exceedance of the elevated nitrate MCL by non-community water systems, when granted Department approval as specified in 11.18(2)(d)

Exceedance of the secondary maximum contaminant level for fluoride

Availability of unregulated contaminant monitoring data

Repeated failure to sample the source water for Cryptosporidium

Failure to determine bin classification

Groundwater systems with a waiver from disinfection requirements under 11.13

Significant deficiencies identified at non-community groundwater systems

Exceedance of the lead action level

Other violations and situations determined by the Department to require a public notice

(b) Public notice requirements are divided into three tiers based on the seriousness of the violation or situation and any potential public health effects. Each tier has different requirements. The tiers are as follows:
(i) "TIER 1 PUBLIC NOTICE" means the public notice required for violations and situations with significant potential to have serious adverse effects on public health as a result of short-term exposure.
(ii) "TIER 2 PUBLIC NOTICE" means the public notice required for violations and situations with potential to have serious adverse effects on public health.
(iii) "TIER 3 PUBLIC NOTICE" means the public notice required for all other violations and situations not included in Tier 1 or Tier 2.
11.33(2)Tier 1 Public Notice Form, Manner, and Frequency of Notice
(a) The supplier must distribute Tier 1 public notice for the following violations or situations specified in Table 11.33-II:

TABLE 11.33-II VIOLATION CATEGORIES AND OTHER SITUATIONS REQUIRING TIER 1 PUBLIC NOTICE

Violation or Situation Description

As specified in

Failure to test for fecal coliforms or E. coli following a total coliform-positive repeat sample

11.16(4)(e)

Violation of the E. coli MCL

11.16(11)(a)

Violation of the nitrate, nitrite, or total nitrate and nitrite MCL

11.18(5)(a)

Failure to collect a confirmation sample no later than 24 hours after a nitrate or nitrite sample result greater than (>) the MCL

11.18(3)(b)(vii) and 11.18(3)(c)(v)

Exceedance of the elevated nitrate MCL by non-community water systems, permitted to exceed the MCL by the Department

11.18(2)(d)

Acute violation of the chlorine dioxide MRDL

11.23(2)(e)(i)(A)

Failure to collect the required chlorine dioxide samples in the distribution system

11.23(2)(e)(i)(B)

Violation of the maximum turbidity limit treatment technique requirement, as required by the Department after consultation

11.8(2)(d)(i)(B)

Occurrence of a waterborne disease outbreak or other waterborne emergency (e.g. failure or significant interruption in key water treatment processes, a natural disaster that disrupts the water supply or distribution system, or a chemical spill or unexpected loading of possible pathogens into the source water that significantly increases the potential for drinking water contamination)

.

For groundwater systems, presence of E. coli, enterococci, or coliphage in a source water sample

11.11(4)(d)(i) and 11.11(5)(c)(i)

Exceedance of the lead action level

11.17(3)(b)

Other violations or situations with significant potential to have serious adverse effects on public health as a result of short-term exposure, as determined by the Department either in Colorado Primary Drinking Water Regulations or on a case-by-case basis

.

(b) For Tier 1 public notice the supplier must:
(i) Distribute public notice as soon as possible, but no later than 24 hours after learning of the violation or situation.
(ii) Begin consultation with the Department as soon as possible, but no later than 24 hours after learning of the violation or situation, to determine additional public notice requirements.
(A) The supplier must comply with any additional public notification requirements set up as a result of the consultation with the Department (e.g., the timing, form, manner, frequency, and content of repeat notices, if any, and other actions to reach all consumers).
(iii) Distribute the public notice in a form and manner that fits the specific situation and is designed to reach residential, transient, and non-transient consumers. The supplier must use one or more of the following delivery methods:
(A) Appropriate broadcast media, including radio, television and a phone call to each consumer using a reverse 911 system, where available.
(B) Hand delivery of the notice to consumers.
(C) Another direct delivery method approved, in writing, by the Department.
(c) The Department may also require posting of the public notice in conspicuous locations throughout the area supplied by the system.
11.33(3)Tier 2 Public Notice Form, Manner, and Frequency of Notice
(a) The supplier must distribute Tier 2 public notice for the following violations or situations specified in Table 11.33-III:

TABLE 11.33-III VIOLATION CATEGORIES AND OTHER SITUATIONS REQUIRING TIER 2 PUBLIC NOTICE

Violation or Situation Description

As specified in

Violations of the MCL, MRDL, or treatment technique requirements, except where Tier 1 public notice is required or where the Department determines that Tier 1 public notice is required

Under Regulation 11 for all monitoring and reporting violations or 11.33 for public notification.

Violations of the monitoring and testing procedure requirements, if the Department determines that Tier 2 public notice is required instead of Tier 3 public notice, considering potential public health impacts and the persistence of the violation

Under Regulation 11 for all monitoring and reporting violations or 11.33 for public notification.

Failure to comply with the terms and schedule of any variance or exemption

11.43

For groundwater systems, failure to maintain at least 4-log treatment of viruses at the entry point

11.11(3)(e)(i)

Failure to complete corrective action

11.38(4)(a), 11.11(6)(c)(i) 11.16(9)

(b) For Tier 2 public notice the supplier must:
(i) Distribute public notice as soon as possible, but no later than 30 days after learning of the violation or situation.
(A) If the supplier posts the public notice, the notice must remain in place for as long as the violation or situation persists or for seven days, whichever is longer.
(B) The Department may grant a written extension for the initial public notice of up to three months from the time the supplier learns of the violation.
(I) The Department shall not grant an extension to the 30-day deadline for any unresolved violation(s) or allow across-the-board extensions for violations or situations requiring Tier 2 public notice.
(ii) Repeat the distribution of the public notice every three months as long as the violation or situation persists.
(A) Based on the circumstances, the Department may require a different repeat notice frequency.
(I) In no case will the repeat public notice frequency be less than annual.
(II) The Department shall not allow a less frequent repeat public notice for any of the following situations:
(a) An MCL or treatment technique violation under 11.16.
(b) A treatment technique violation under 11.8.
(c) Across-the-board reductions for other ongoing violations requiring a Tier 2 repeat public notice.
(III) If the Department allows repeat public notices to be distributed less frequently than once every three months, the decision must be documented in writing.
(iii) Distribute the public notice and any repeat public notices in a form and manner that fits the specific situation and is designed to reach residential, transient, and non-transient consumers. The supplier must meet all of the following distribution requirements:
(A) For community water systems, unless otherwise directed in writing by the Department, the supplier must distribute public notice by:
(I) Mail or other direct delivery method to each customer and to other service connections; and
(II) Any other method designed to reach all other consumers regularly supplied by the system. Such consumers may include those who do not pay water bills or do not have service connection addresses (e.g., house renters, apartment dwellers, university students, nursing home patients, prison inmates, etc.). Other methods may include publication in a local newspaper, delivery of multiple copies for distribution by customers that provide their drinking water to others (e.g., apartment building owners or large private employers), posting in public places supplied by the system or on the Internet, or delivery to community organizations.
(B) For non-community water systems, unless otherwise directed in writing by the Department, the supplier must distribute public notice by:
(I) Posting the notice in conspicuous locations throughout the distribution system frequented by consumers or by mail or direct delivery to each customer and service connection; and
(II) Any other method designed to reach all other consumers. Such consumers may include those supplied who may not see a posted notice because the posted notice is not in a location they routinely pass by. Other methods may include publication in a local newspaper or newsletter distributed to customers, use of E-mail to notify employees or students, or delivery of multiple copies in central locations (e.g., community centers).
11.33(4)Tier 3 Public Notice Form, Manner, and Frequency of Notice
(a) The supplier must distribute Tier 3 public notice for the following violations or situations specified in Table 11.33-IV:

TABLE 11.33-IV VIOLATION CATEGORIES AND OTHER SITUATIONS REQUIRING TIER 3 PUBLIC NOTICE

Violation or Situation Description

As specified in

Monitoring, reporting, and recordkeeping violations, except where a Tier 1 or Tier 2 public notice is required

Under Regulation 11 for all monitoring and reporting violations or 11.33 for public notification.

Failure to comply with a testing procedure, except where a Tier 1 or Tier 2 public notice is required

Under Regulation 11 for all monitoring and reporting violations or 11.33 for public notification.

Operation under a variance or an exemption

11.43

Availability of unregulated contaminant monitoring results

11.47

Exceedance of the fluoride secondary maximum contaminant level

11.19(7)

Revised Total Coliform Rule reporting and recordkeeping violations

11.16(11), 11.16(12), and 11.36(4)(d)

(b) For Tier 3 public notice the supplier must:
(i) Distribute public notice as soon as possible, but no later than one year after learning of the violation or situation or beginning operation under a variance or an exemption.
(A) If the supplier is required to distribute more than one Tier 3 public notice, the supplier may use an annual report detailing all violations and situations that occurred during the previous 12 months instead of individual Tier 3 public notices, as long as the timing requirements specified in 11.33(4)(b)(i) are met.
(B) For community water systems, the supplier may use the consumer confidence report (CCR) specified in 11.34 to comply with the Tier 3 public notice requirements if the CCR meets all of the following criteria:
(I) The CCR is distributed to customers no later than 12 months after the supplier learns of the violation or situation.
(II) The Tier 3 public notice in the CCR complies with the content requirements specified in 11.33(5).
(III) The CCR is distributed as specified in 11.33(3)(b)(iii).
(C) If the supplier posts the public notice, the notice must remain in place for as long as the violation or situation persists or for seven days, whichever is longer.
(ii) Repeat the distribution of the public notice annually as long as the violation, variance, exemption, or other situation persists.
(A) For community water systems, the supplier may use the CCR specified in 11.34 to comply with the repeat Tier 3 public notice requirement if the requirements specified in 11.33(4)(b)(i)(B)(I-III) are met.
(iii) Distribute the public notice and any repeat public notices as specified in 11.33(3)(b)(iii).
11.33(5)Content of the Public Notice
(a) The supplier must include all of the following ten elements in all public notices:
(i) A description of the violation or situation, including the contaminant(s) of concern, and the applicable contaminant level(s).
(ii) When the violation or situation occurred.
(iii) Any potential adverse health effects from the violation or situation, including the standard language under 11.33(5)(b) or (c), whichever is applicable.
(iv) The population at risk, including sub-populations particularly vulnerable if exposed to the contaminant in drinking water.
(v) Whether alternative water supplies should be used.
(vi) What actions consumers should take, including when they should seek medical help, if known.
(vii) What the supplier is doing to correct the violation or situation.
(viii) When the supplier expects to return to compliance or resolve the situation.
(ix) The name, business address, and phone number for the supplier or designee that the consumer may call for additional information about the public notice.
(x) The following language, where applicable:
(A) "Please share this information with all the other people who drink this water, especially those who may not have received this notice directly (for example, people in apartments, nursing homes, schools, and businesses). You can do this by posting this notice in a public place or distributing copies by hand or mail."
(b) For each applicable MCL, MRDL, treatment technique violation, or other situation requiring public notice specified in Table 11.33-V, the supplier must include in the public notice the corresponding health effects language specified in Table 11.33-VI.
(c) For all monitoring and testing procedure violations specified in Table 11.33-V, the supplier must include in the public notice the following language, exactly as written, and the specific information for the text in brackets:
(i) We are required to monitor your drinking water for specific contaminants on a regular basis. Results of regular monitoring are an indicator of whether or not your drinking water meets health standards. During [compliance period], we "did not monitor or test" or "did not complete all monitoring or testing" for [contaminant(s)], and therefore cannot be sure of the quality of your drinking water during that time.
(d) If the system is operating under a variance or exemption, the supplier must include all of the following information in all public notices:
(i) An explanation of the reasons for the variance or exemption.
(ii) The date on which the variance or exemption was issued.
(iii) A brief status report on the steps the supplier is taking to install treatment, find alternative sources of water, or otherwise comply with the terms and schedule of the variance or exemption.
(iv) A notice of any opportunity for public input on the review of the variance or exemption.
(e) For systems supplying a large proportion of non-English speaking consumers, as determined by the Department, or if the Department has not yet made this determination, the supplier must include either of the following:
(i) Information in the appropriate language(s) regarding the importance of the public notice.
(ii) A telephone number or address where the consumer may contact the supplier to obtain a translated copy of the public notice or request assistance in the appropriate language.
(f) All public notices must meet all of the following criteria:
(i) Not include overly technical language or very small print.
(ii) Not be formatted in a way that defeats the purpose of the public notice.
(iii) Not include language that defeats the purpose of the public notice.
(iv) Be displayed in a conspicuous way when printed or posted.
11.33(6)General Distribution Requirements
(a) The supplier must distribute public notice to consumers supplied by the public water system.
(i) For wholesale systems, the wholesaler must distribute the public notice to the supplier(s) responsible for the consecutive system(s).
(A) For consecutive systems, the supplier responsible for the consecutive system must distribute the public notice received from the wholesaler to consumers supplied by the consecutive system.
(ii) If a system has a violation that affects only a portion of the distribution system that is physically or hydraulically isolated from other parts of the distribution system and the supplier is granted approval by the Department in writing the supplier may limit public notice distribution to only the consumers supplied by the portion of the distribution system which is out of compliance.
(b)Public Notice Distribution to New Customers
(i) For community water systems, the supplier must provide a copy of the most recent public notice for any continuing violation, variance or exemption, or other ongoing situation(s) requiring a public notice to all new customers no later than the time service begins.
(ii) For non-community water systems, the supplier must continuously post the public notice in conspicuous locations to inform new consumers of any continuing violation, variance or exemption, or other situation requiring a public notice for as long as the violation, variance, exemption, or other situation persists.
(c)Public Notice Distribution by the Department on Behalf of the Public Water System
(i) The Department may distribute the public notice on behalf of the supplier in accordance with the requirements specified in this rule.
(A) Regardless, the supplier remains responsible for ensuring that the requirements specified in this rule are met.
11.33(7)Public Notice Reporting Requirements

No later than 10 calendar days after completing initial or repeat public notice requirements, the supplier must submit a certification that states that the supplier has fully complied with the public notice requirements.

(a) The supplier must include a representative copy of each public notice distributed, published, posted, and/or made available to consumers and the media.

TABLE 11.33-V TABLE OF CPDWR VIOLATIONS AND OTHER SITUATIONS REQUIRING PUBLIC NOTICE1

Contaminant

MCL/MRDL/TT violations

Monitoring & testing procedure violations

Tier of public notice required

Citation

Tier of public notice required

Citation

Violations of Colorado Primary Drinking Water Regulations2

Microbiological Contaminants

Total coliform (TT violations resulting from failure to conduct assessments or corrective actions, and violations resulting from failure to monitor or report)

2

11.16(11)(b)

3

11.16(11)(c-d)

11.16(12)(b)

Seasonal system failure to follow Department-approved start-up procedures before supplying water to the public or failure to submit certification of completed start-up procedures

2

11.16(11)(b)(ii)

3

11.16(11)(d)(iii)

E. coli (MCL violation, monitoring violations, and reporting violations)

1

11.16(11)(a)

3

11.16(11)(c)

11.16(11)(d)

11.16(12)(a)

11.16(12)(c)

E. coli (TT violations resulting from failure to conduct Level 2 assessments or corrective action)

2

11.16(11)(b)(i)

N/A

N/A

Turbidity MCL

2

11.8(2)(d)

3

11.8(2)(c)

Turbidity (for TT violations resulting from a single exceedance of maximum allowable turbidity level)

2, 13

11.8(2)(d)

3

11.8(2)(c), 11.8(2)(g), 11.46(7)

Surface Water Treatment Rule violations, other than violations resulting from single exceedance of maximum allowable turbidity level (TT)

2

11.8(2)(b)

3

11.8(2)(c), 11.46(7)

Surface Water Treatment Rule: Filter Backwash Recycle Rule

2

11.9(2)

3

11.9(3)

Surface Water Treatment Rule: Enhanced Treatment for Cryptosporidium Rule

2

11.10(3)(c), 11.10(4)(b)

2, 34

11.10(2)

Groundwater Rule

2

11.11(2)(d), 11.11(6)(c), 11.11(3)(e)(i), 11.38(4)

3

11.11(2)(c), 11.11(3), 11.11(4), 11.11(5), 11.11(6), 11.38(4)

Disinfectant residual (TT in the distribution system)

2

11.8(3)(d)(i), 11.11(2)(d)(i)

3

11.8(3)(c)(i), 11.11(2)(c)(i)

Disinfectant residual for public water systems that haul water

N/A

N/A

3

11.8(3)(c)(i)(B), 11.11(2)(c)(i)(B), 11.41(2)(b)

Inorganic Chemicals

Antimony

2

11.19(5)

3

11.19(3)

Arsenic

2

11.19(5)

3

11.19(3)

Asbestos (fibers >10 µm)

2

11.19(5)

3

11.19(3)

Barium

2

11.19(5)

3

11.19(3)

Beryllium

2

11.19(5)

3

11.19(3)

Cadmium

2

11.19(5)

3

11.19(3)

Chromium (total)

2

11.19(5)

3

11.19(3)

Cyanide

2

11.19(5)

3

11.19(3)

Fluoride

2

11.19(5)

3

11.19(3)

Mercury (inorganic)

2

11.19(5)

3

11.19(3)

Nitrate

1

11.18(5)

15, 3

11.18(3)

Nitrite

1

11.18(5)

15, 3

11.18(3)

Total Nitrate and Nitrite

1

11.18(5)

3

11.18(3)

Selenium

2

11.19(5)

3

11.19(3)

Thallium

2

11.19(5)

3

11.19(3)

Lead and Copper Rule

Lead and Copper Rule (TT)

2

11.26(3)(e), 11.26(4)(k), 11.26(5)(i), 11.26(6)(d), 11.26(7)(f)

3

11.26(2)(d), 11.26(4), 11.26(5)

Lead and Copper Rule Revisions

Lead and Copper Rule Revisions (TT)

2

11.17(2)(e), 11.17(4)(k), 11.17(5)(l), 11.17(6)(j), 11.17(7)(m), 11.17(8)(f)

3

11.17(3)(d), 11.17(5), 11.17(6)

Exceedance of the lead action level

1

11.17(3)(b)

N/A

N/A

Synthetic Organic Chemicals (SOCs)

2,4-D

2

11.21(6)

3

11.21(3)(d)

2,4,5-TP (Silvex)

2

11.21(6)

3

11.21(3)(d)

Alachlor

2

11.21(6)

3

11.21(3)(d)

Atrazine

2

11.21(6)

3

11.21(3)(d)

Benzo(a)pyrene (PAHs)

2

11.21(6)

3

11.21(3)(d)

Carbofuran

2

11.21(6)

3

11.21(3)(d)

Chlordane

2

11.21(6)

3

11.21(3)(d)

Dalapon

2

11.21(6)

3

11.21(3)(d)

Di (2-ethylhexyl) adipate

2

11.21(6)

3

11.21(3)(d)

Di (2-ethylhexyl) phthalate

2

11.21(6)

3

11.21(3)(d)

Dibromochloropropane

2

11.21(6)

3

11.21(3)(d)

Dinoseb

2

11.21(6)

3

11.21(3)(d)

Dioxin (2,3,7,8-TCDD)

2

11.21(6)

3

11.21(3)(d)

Diquat

2

11.21(6)

3

11.21(3)(d)

Endothall

2

11.21(6)

3

11.21(3)(d)

Endrin

2

11.21(6)

3

11.21(3)(d)

Ethylene dibromide

2

11.21(6)

3

11.21(3)(d)

Glyphosate

2

11.21(6)

3

11.21(3)(d)

Heptachlor

2

11.21(6)

3

11.21(3)(d)

Heptachlor epoxide

2

11.21(6)

3

11.21(3)(d)

Hexachlorobenzene

2

11.21(6)

3

11.21(3)(d)

Hexachlorocyclo-pentadiene

2

11.21(6)

3

11.21(3)(d)

Lindane

2

11.21(6)

3

11.21(3)(d)

Methoxychlor

2

11.21(6)

3

11.21(3)(d)

Oxamyl (Vydate)

2

11.21(6)

3

11.21(3)(d)

Pentachlorophenol

2

11.21(6)

3

11.21(3)(d)

Picloram

2

11.21(6)

3

11.21(3)(d)

Polychlorinated biphenyls (PCBs)

2

11.21(6)

3

11.21(3)(d)

Simazine

2

11.21(6)

3

11.21(3)(d)

Toxaphene

2

11.21(6)

3

11.21(3)(d)

Volatile Organic Chemicals (VOCs)

Benzene

2

11.21(6)

3

11.21(3)(b)

Carbon tetrachloride

2

11.21(6)

3

11.21(3)(b)

Chlorobenzene (monochlorobenzene)

2

11.21(6)

3

11.21(3)(b)

o-Dichlorobenzene

2

11.21(6)

3

11.21(3)(b)

p-Dichlorobenzene

2

11.21(6)

3

11.21(3)(b)

1,2-Dichloroethane

2

11.21(6)

3

11.21(3)(b)

1,1-Dichloroethylene

2

11.21(6)

3

11.21(3)(b)

cis-1,2-Dichloroethylene

2

11.21(6)

3

11.21(3)(b)

trans-1,2-Dichloroethylene

2

11.21(6)

3

11.21(3)(b)

Dichloromethane

2

11.21(6)

3

11.21(3)(b)

1,2-Dichloropropane

2

11.21(6)

3

11.21(3)(b)

Ethylbenzene

2

11.21(6)

3

11.21(3)(b)

Styrene

2

11.21(6)

3

11.21(3)(b)

Tetrachloroethylene

2

11.21(6)

3

11.21(3)(b)

Toluene

2

11.21(6)

3

11.21(3)(b)

1,2,4-Trichlorobenzene

2

11.21(6)

3

11.21(3)(b)

1,1,1-Trichloroethane

2

11.21(6)

3

11.21(3)(b)

1,1,2-Trichloroethane

2

11.21(6)

3

11.21(3)(b)

Trichloroethylene

2

11.21(6)

3

11.21(3)(b)

Vinyl chloride

2

11.21(6)

3

11.21(3)(b)

Xylenes (total)

2

11.21(6)

3

11.21(3)(b)

Radionuclides

Beta/photon emitters

2

11.22(5)

3

11.22(3)(c)

Alpha emitters

2

11.22(5)

3

11.22(3)(b)

Combined radium (226 & 228)

2

11.22(5)

3

11.22(3)(b)

Uranium

2

11.22(5)

3

11.22(3)(b)

Disinfection Byproducts (DBPs), Disinfection Byproduct Precursors, Disinfectant Residuals

Where disinfection is used in the treatment of drinking water, disinfectants combine with organic and inorganic matter present in water to form chemicals called disinfection byproducts (DBPs). The Department sets standards for controlling the levels of disinfectants and DBPs in drinking water, including trihalomethanes (THMs) and haloacetic acids (HAAs).

Total trihalomethanes (TTHMs)

2

11.25(1)(g)

3

11.25(1)(c)

Haloacetic Acids (HAA5)

2

11.25(1)(g)

3

11.25(1)(c)

Bromate

2

11.25(3)(c)

3

11.25(3)(e)

Chlorite

2

11.25(2)(c)

3

11.25(2)(e)

Chlorine (MRDL)

2

11.23(1)(e)

3

11.23(1)(c)

Chloramine (MRDL)

2

11.23(1)(e)

3

11.23(1)(c)

Chlorine dioxide (MRDL), where any 2 consecutive daily samples at entrance to distribution system only are above MRDL

2

11.23(2)(e)(ii)

26, 3

11.23(2)(c)

Chlorine dioxide (MRDL), where sample(s) in distribution system the next day are also above MRDL

17

11.23(2)(e)(i)

1

11.23(2)(c)

Control of DBP precursors-TOC (TT)

2

11.24(9)

3

11.24(3)

Disinfection profiling and benchmarking

2

11.8(4)(d), 11.8(5)(d)

3

11.8(4), 11.8(5)

Development of monitoring plan

N/A

N/A

3

11.25(1)(d)

Other Treatment Techniques

Acrylamide (TT)

2

11.21(6)(b)

N/A

N/A

Epichlorohydrin (TT)

2

11.21(6)(b)

N/A

N/A

Water hauler failure to operate in accordance with Department-approved operational plan

2

11.41(3)(a)

N/A

N/A

Storage Tanks (TT)

2

11.28(4)(b)

N/A

N/A

Unregulated Contaminant Monitoring8

Unregulated contaminants

N/A

N/A

3

11.47

Nickel

N/A

N/A

3

11.19(3)(b)

Public Notification for Variances and Exemptions

Operation under a variance or exemption

3

11.43(10)(f)9

N/A

N/A

Violation of conditions of a variance or exemption

2

11.43(10)(f)10

N/A

N/A

Other Situations Requiring Public Notification

Fluoride secondary maximum contaminant level (SMCL) exceedance

3

11.19(7)

N/A

N/A

Exceedance of nitrate MCL for non-community water systems, as allowed by the Department

1

11.18(2)(d)

N/A

N/A

Availability of unregulated contaminant monitoring data

3

11.47

N/A

N/A

Waterborne disease outbreak

1

11.3(81)

N/A

N/A

Other waterborne emergency11

1

N/A

N/A

N/A

Source Water Sample Positive for GWR Fecal indicators: E. coli, enterococci, or coliphage

1

11.11(4)(d)(i), 11.11(5)(c)(i)

N/A

N/A

Waiver of Disinfection

N/A

N/A

N/A

11.13(2)

Backflow Prevention and Cross-Connection Control Rule violations

2

11.39(6)(a)

3

11.39(6)(b)

Direct Potable Reuse Rule violations

1, 2

11.14

3

11.14

Other situations as determined by the Department

1, 2, 312

N/A

N/A

N/A

1 Violations and other situations not listed in this table (e.g., failure to prepare Consumer Confidence Reports) do not require notice, unless otherwise determined by the Department. The Department may, at its discretion, also require a more stringent public notice tier (e.g., Tier 1 instead of Tier 2 or Tier 2 instead of Tier 3) for specific violations and situations specified in Table 11.33-V, as authorized under 11.33(2)(a) and 11.33(3)(a).
2 The term "Violations of Colorado Primary Drinking Water Regulations" is used here to include violations of MCL, MRDL, treatment technique, monitoring, and testing procedure requirements.
3 Systems with treatment technique violations involving a single exceedance of a maximum turbidity limit under 11.8(2)(b) are required to consult with the Department no later than 24 hours after learning of the violation. Based on this consultation, the Department may elevate the violation to Tier 1. If the supplier is unable to make contact with the Department in the 24-hour period, the violation is automatically elevated to Tier 1.
4 Failure to collect three or more samples for Cryptosporidium analysis requires a special Tier 2 public notice as specified in 11.10(2)(e). All other monitoring and testing procedure violations require Tier 3 public notice.
5 Failure to collect a confirmation sample no later than 24 hours for nitrate or nitrite after an initial sample exceeds the MCL requires Tier 1 public notice. Other monitoring violations for nitrate require Tier 3 public notice.
6 Failure to monitor for chlorine dioxide at the entry point the day after exceeding the MRDL at the entrance to the distribution system requires Tier 2 public notice.
7 If any daily sample collected at the entry point exceeds the MRDL for chlorine dioxide and one or more samples collected in the distribution system the next day exceed the MRDL, Tier 1 public notice is required. Failure to collect the required samples in the distribution system after the MRDL is exceeded at the entry point also triggers Tier 1 public notice.
8 Some water systems must monitor for certain unregulated contaminants under 11.47.
9 This citation refers to §§1415 and 1416 of the Safe Drinking Water Act. §§1415 and 1416 require that "a schedule prescribed . . . for a public water system granted a variance shall require compliance by the system . . ."
10 In addition to §§1415 and 1416 of the Safe Drinking Water Act, 11.43(3) of the Colorado Primary Drinking Water Regulations specifies the items and schedule milestones that must be included in a variance for small systems.
11 Other waterborne emergencies require a Tier 1 public notice under 33.2(a) for situations that do not meet the definition of a waterborne disease outbreak specified in 11.3, but that still have the potential to have serious adverse effects on health as a result of short-term exposure. These could include outbreaks not related to treatment deficiencies, as well as situations that have the potential to cause outbreaks, such as failures or significant interruption in water treatment processes, natural disasters that disrupt the water supply or distribution system, chemical spills, or unexpected loading of possible pathogens into the source water.
12 The Department may place other situations in any tier believed appropriate, based on threat to public health.

TABLE 11.33-VI TABLE OF STANDARD HEALTH EFFECTS LANGUAGE FOR PUBLIC NOTIFICATION

Contaminant

MCLG mg/L

MCL mg/L

Standard health effects language for public notification

Colorado Primary Drinking Water Regulations

Microbiological Contaminants

Fecal Indicators (GWR)

1. E. coli

2. Enterococci

3. Coliphage)

None

TT

Fecal indicators are microbes whose presence indicates that the water may be contaminated with human or animal wastes. Microbes in these wastes can cause short-term health effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a special health risk for infants, young children, some of the elderly, and people with severely compromised immune systems.

Groundwater Rule (GWR) TT violations

None

TT

Inadequately treated or inadequately protected water may contain disease-causing organisms. These organisms can cause symptoms such as diarrhea, nausea, cramps, and associated headaches.

A violation that occurred for failure to conduct an assessment not triggered by the presence of E. coli and/or violations for corrective action

TT

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 assessments to identify problems and to correct any problems that are found.

[THE SUPPLIER MUST ALSO INCLUDE THE FOLLOWING APPLICABLE SENTENCES.]

We failed to conduct the required assessment.

We failed to correct all identified sanitary defects that were found during the assessment(s).

A violation that occurred for failure to conduct an assessment triggered by the presence of E. coli and/or violations for corrective action3

TT

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 violated the standard for E. coli, indicating the need to look for potential problems in water treatment or distribution. When this occurs, we are required to conduct a detailed assessment to identify problems and to correct any problems that are found.

[THE SUPPLIER MUST ALSO INCLUDE THE FOLLOWING APPLICABLE SENTENCES.]

We failed to conduct the required assessment.

We failed to correct all identified sanitary defects that were found during the assessment that we conducted.

E. coli MCL violations

Zero

See footnote 2

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.

A violation occurred for failure to conduct seasonal start-up procedures

None

TT

Failure to perform the required start-up procedures prior to serving water to the public has the potential to distribute contaminated water. When our system shuts down operation, the lack of pressure in our pipes can allow the entry of bacteria and other disease-causing microorganisms into the drinking water. By performing start-up procedures such as flushing the pipes, disinfecting the water, and collecting a coliform bacteria sample before we open, we can be sure that we are providing you with safe water.

Turbidity

None

TT

Turbidity has no health effects. However, turbidity can interfere with disinfection and provide a medium for microbial growth. Turbidity may indicate the presence of disease-causing organisms. These organisms include bacteria, viruses, and parasites that can cause symptoms such as nausea, cramps, diarrhea and associated headaches.

Disinfectant residual

N/A

TT (in the distribution system)

Disinfectant residual serves as one of the final barriers to protect public health. Lack of an adequate disinfectant residual may increase the likelihood that disease-causing organisms are present.

Surface Water Treatment Rule, Surface Water Treatment Rule: Filter Backwash Recycle Rule, and Surface Water Treatment Rule: Enhanced Treatment for Cryptosporidium Rule violations

Giardia lamblia

Zero

TT3

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.

Viruses

Heterotrophic plate count (HPC) bacteria4

Legionella

Cryptosporidium

Inorganic Chemicals

Antimony

0.006

0.006

Some people who drink water containing antimony well in excess of the MCL over many years could experience increases in blood cholesterol and decreases in blood sugar.

Arsenic

0

0.010

Some people who drink water containing arsenic in excess of the MCL over many years could experience skin damage or problems with their circulatory system, and may have an increased risk of getting cancer.

Asbestos (10 µm)

7 MFL

7 MFL

Some people who drink water containing asbestos in excess of the MCL over many years may have an increased risk of developing benign intestinal polyps.

Barium

2

2

Some people who drink water containing barium in excess of the MCL over many years could experience an increase in their blood pressure.

Beryllium

0.004

0.004

Some people who drink water containing beryllium well in excess of the MCL over many years could develop intestinal lesions.

Cadmium

0.005

0.005

Some people who drink water containing cadmium in excess of the MCL over many years could experience kidney damage.

Chromium (total)

0.1

0.1

Some people who use water containing chromium well in excess of the MCL over many years could experience allergic dermatitis.

Cyanide

0.2

0.2

Some people who drink water containing cyanide well in excess of the MCL over many years could experience nerve damage or problems with their thyroid.

Fluoride

4.0

4.0

Some people who drink water containing fluoride in excess of the MCL over many years could get bone disease, including pain and tenderness of the bones. Fluoride in drinking water at half the MCL or more may cause mottling of children's teeth, usually in children less than nine years old. Mottling, also known as dental fluorosis, may include brown staining and/or pitting of the teeth, and occurs only in developing teeth before they erupt from the gums.

Mercury (inorganic)

0.002

0.002

Some people who drink water containing inorganic mercury well in excess of the MCL over many years could experience kidney damage.

Nitrate

10

10

Infants below the age of six months who drink water containing nitrate in excess of the MCL could become seriously ill and, if untreated, may die. Symptoms include shortness of breath and blue baby syndrome.

Nitrite

1

1

Infants below the age of six months who drink water containing nitrite in excess of the MCL could become seriously ill and, if untreated, may die. Symptoms include shortness of breath and blue baby syndrome.

Total Nitrate and Nitrite

10

10

Infants below the age of six months who drink water containing nitrate and nitrite in excess of the MCL could become seriously ill and, if untreated, may die. Symptoms include shortness of breath and blue baby syndrome.

Selenium

0.05

0.05

Selenium is an essential nutrient. However, some people who drink water containing selenium in excess of the MCL over many years could experience hair or fingernail losses, numbness in fingers or toes, or problems with their circulation.

Thallium

0.0005

0.002

Some people who drink water containing thallium in excess of the MCL over many years could experience hair loss, changes in their blood, or problems with their kidneys, intestines, or liver.

Lead and Copper

Lead

Zero

TT5

Exposure to lead in drinking water can cause serious health effects in all age groups. Infants and children can have decreases in IQ and attention span. Lead exposure can lead to new learning and behavior problems or exacerbate existing learning and behavior problems. The children of women who are exposed to lead before or during pregnancy can have increased risk of these adverse health effects. Adults can have increased risks of heart disease, high blood pressure, kidney or nervous system problems.

Copper

1.3

TT6

Copper is an essential nutrient, but some people who drink water containing copper in excess of the action level over a relatively short amount of time could experience gastrointestinal distress. Some people who drink water containing copper in excess of the action level over many years could suffer liver or kidney damage. People with Wilson's Disease should consult their personal doctor.

Synthetic Organic Chemicals (SOCs)

2,4-D

0.07

0.07

Some people who drink water containing the weed killer 2,4-D well in excess of the MCL over many years could experience problems with their kidneys, liver, or adrenal glands.

2,4,5-TP (Silvex)

0.05

0.05

Some people who drink water containing silvex in excess of the MCL over many years could experience liver problems.

Alachlor

Zero

0.002

Some people who drink water containing alachlor in excess of the MCL over many years could have problems with their eyes, liver, kidneys, or spleen, or experience anemia, and may have an increased risk of getting cancer.

Atrazine

0.003

0.003

Some people who drink water containing atrazine well in excess of the MCL over many years could experience problems with their cardiovascular system or reproductive difficulties.

Benzo(a)pyrene (PAHs)

Zero

0.0002

Some people who drink water containing benzo(a)pyrene in excess of the MCL over many years may experience reproductive difficulties and may have an increased risk of getting cancer.

Carbofuran

0.04

0.04

Some people who drink water containing carbofuran in excess of the MCL over many years could experience problems with their blood, or nervous or reproductive systems.

Chlordane

Zero

0.002

Some people who drink water containing chlordane in excess of the MCL over many years could experience problems with their liver or nervous system, and may have an increased risk of getting cancer.

Dalapon

0.2

0.2

Some people who drink water containing dalapon well in excess of the MCL over many years could experience minor kidney changes.

Di (2-ethylhexyl) adipate

0.4

0.4

Some people who drink water containing di (2-ethylhexyl) adipate well in excess of the MCL over many years could experience general toxic effects such as weight loss, liver enlargement or possible reproductive difficulties.

Di (2-ethylhexyl) phthalate

Zero

0.006

Some people who drink water containing di (2-ethylhexyl) phthalate well in excess of the MCL over many years may have problems with their liver, or experience reproductive difficulties, and may have an increased risk of getting cancer.

Dibromochloro-propane (DBCP)

Zero

0.0002

Some people who drink water containing DBCP in excess of the MCL over many years could experience reproductive difficulties and may have an increased risk of getting cancer.

Dinoseb

0.007

0.007

Some people who drink water containing dinoseb well in excess of the MCL over many years could experience reproductive difficulties.

Dioxin (2,3,7,8-TCDD)

Zero

3x10-8

Some people who drink water containing dioxin in excess of the MCL over many years could experience reproductive difficulties and may have an increased risk of getting cancer.

Diquat

0.02

0.02

Some people who drink water containing diquat in excess of the MCL over many years could get cataracts.

Endothall

0.1

0.1

Some people who drink water containing endothall in excess of the MCL over many years could experience problems with their stomach or intestines.

Endrin

0.002

0.002

Some people who drink water containing endrin in excess of the MCL over many years could experience liver problems.

Ethylene dibromide

Zero

0.00005

Some people who drink water containing ethylene dibromide in excess of the MCL over many years could experience problems with their liver, stomach, reproductive system, or kidneys, and may have an increased risk of getting cancer.

Glyphosate

0.7

0.7

Some people who drink water containing glyphosate in excess of the MCL over many years could experience problems with their kidneys or reproductive difficulties.

Heptachlor

Zero

0.0004

Some people who drink water containing heptachlor in excess of the MCL over many years could experience liver damage and may have an increased risk of getting cancer.

Heptachlor epoxide

Zero

0.0002

Some people who drink water containing heptachlor epoxide in excess of the MCL over many years could experience liver damage, and may have an increased risk of getting cancer.

Hexachlorobenzene

Zero

0.001

Some people who drink water containing hexachlorobenzene in excess of the MCL over many years could experience problems with their liver or kidneys, or adverse reproductive effects, and may have an increased risk of getting cancer.

Hexachlorocyclo-pentadiene

0.05

0.05

Some people who drink water containing hexachlorocyclopentadiene well in excess of the MCL over many years could experience problems with their kidneys or stomach.

Lindane

0.0002

0.0002

Some people who drink water containing lindane in excess of the MCL over many years could experience problems with their kidneys or liver.

Methoxychlor

0.04

0.04

Some people who drink water containing methoxychlor in excess of the MCL over many years could experience reproductive difficulties.

Oxamyl (Vydate)

0.2

0.2

Some people who drink water containing oxamyl in excess of the MCL over many years could experience slight nervous system effects.

Pentachlorophenol

Zero

0.001

Some people who drink water containing pentachlorophenol in excess of the MCL over many years could experience problems with their liver or kidneys, and may have an increased risk of getting cancer.

Picloram

0.5

0.5

Some people who drink water containing picloram in excess of the MCL over many years could experience problems with their liver.

Polychlorinated biphenyls (PCBs)

Zero

0.0005

Some people who drink water containing PCBs in excess of the MCL over many years could experience changes in their skin, problems with their thymus gland, immune deficiencies, or reproductive or nervous system difficulties, and may have an increased risk of getting cancer.

Simazine

0.004

0.004

Some people who drink water containing simazine in excess of the MCL over many years could experience problems with their blood.

Toxaphene

Zero

0.003

Some people who drink water containing toxaphene in excess of the MCL over many years could have problems with their kidneys, liver, or thyroid, and may have an increased risk of getting cancer.

Volatile Organic Chemicals (VOCs)

Benzene

Zero

0.005

Some people who drink water containing benzene in excess of the MCL over many years could experience anemia or a decrease in blood platelets, and may have an increased risk of getting cancer.

Carbon tetrachloride

Zero

0.005

Some people who drink water containing carbon tetrachloride in excess of the MCL over many years could experience problems with their liver and may have an increased risk of getting cancer.

Chlorobenzene (monochloro- benzene)

0.1

0.1

Some people who drink water containing chlorobenzene in excess of the MCL over many years could experience problems with their liver or kidneys.

o-Dichlorobenzene

0.6

0.6

Some people who drink water containing o-dichlorobenzene well in excess of the MCL over many years could experience problems with their liver, kidneys, or circulatory systems.

p-Dichlorobenzene

0.075

0.075

Some people who drink water containing p-dichlorobenzene in excess of the MCL over many years could experience anemia, damage to their liver, kidneys, or spleen, or changes in their blood.

1,2-Dichloroethane

Zero

0.005

Some people who drink water containing 1,2-dichloroethane in excess of the MCL over many years may have an increased risk of getting cancer.

1,1-Dichloroethylene

0.007

0.007

Some people who drink water containing 1,1-dichloroethylene in excess of the MCL over many years could experience problems with their liver.

cis-1,2-Dichloroethylene

0.07

0.07

Some people who drink water containing cis-1,2-dichloroethylene in excess of the MCL over many years could experience problems with their liver.

trans-1,2-Dichloroethylene

0.1

0.1

Some people who drink water containing trans-1,2-dichloroethylene well in excess of the MCL over many years could experience problems with their liver.

Dichloromethane

Zero

0.005

Some people who drink water containing dichloromethane in excess of the MCL over many years could have liver problems and may have an increased risk of getting cancer.

1,2-Dichloropropane

Zero

0.005

Some people who drink water containing 1,2-dichloropropane in excess of the MCL over many years may have an increased risk of getting cancer.

Ethylbenzene

0.7

0.7

Some people who drink water containing ethylbenzene well in excess of the MCL over many years could experience problems with their liver or kidneys.

Styrene

0.1

0.1

Some people who drink water containing styrene well in excess of the MCL over many years could have problems with their liver, kidneys, or circulatory system.

Tetrachloroethylene

Zero

0.005

Some people who drink water containing tetrachloroethylene in excess of the MCL over many years could have problems with their liver, and may have an increased risk of getting cancer.

Toluene

1

1

Some people who drink water containing toluene well in excess of the MCL over many years could have problems with their nervous system, kidneys, or liver.

1,2,4-Trichlorobenzene

0.07

0.07

Some people who drink water containing 1,2,4-trichlorobenzene well in excess of the MCL over many years could experience changes in their adrenal glands.

1,1,1-Trichloroethane

0.2

0.2

Some people who drink water containing 1,1,1-trichloroethane in excess of the MCL over many years could experience problems with their liver, nervous system, or circulatory system.

1,1,2-Trichloroethane

0.003

0.005

Some people who drink water containing 1,1,2-trichloroethane well in excess of the MCL over many years could have problems with their liver, kidneys, or immune systems.

Trichloroethylene

Zero

0.005

Some people who drink water containing trichloroethylene in excess of the MCL over many years could experience problems with their liver and may have an increased risk of getting cancer.

Vinyl chloride

Zero

0.002

Some people who drink water containing vinyl chloride in excess of the MCL over many years may have an increased risk of getting cancer.

Xylenes (total)

10

10

Some people who drink water containing xylenes in excess of the MCL over many years could experience damage to their nervous system.

Radionuclides

Beta/photon emitters

Zero

4 mrem/yr

Certain minerals are radioactive and may emit forms of radiation known as photons and beta radiation. Some people who drink water containing beta and photon emitters in excess of the MCL over many years may have an increased risk of getting cancer.

Alpha emitters

Zero

15 pCi/L

Certain minerals are radioactive and may emit a form of radiation known as alpha radiation. Some people who drink water containing alpha emitters in excess of the MCL over many years may have an increased risk of getting cancer.

Combined radium (226 & 228)

Zero

5 pCi/L

Some people who drink water containing radium 226 or 228 in excess of the MCL over many years may have an increased risk of getting cancer.

Uranium

Zero

30µg/L

Some people who drink water containing uranium in excess of the MCL over many years may have an increased risk of getting cancer and kidney toxicity.

Disinfection Byproducts (DBPs), Disinfection Byproduct Precursors, Disinfectant Residuals

Where disinfection is used in the treatment of drinking water, disinfectants combine with organic and inorganic matter present in water to form chemicals called disinfection byproducts (DBPs). The Department sets standards for controlling the levels of disinfectants and DBPs in drinking water, including trihalomethanes (THMs) and haloacetic acids (HAAs).18

Total trihalomethanes (TTHMs)

N/A

0.0807

Some people who drink water containing trihalomethanes in excess of the MCL over many years may experience problems with their liver, kidneys, or central nervous system, and may have an increased risk of getting cancer.

Haloacetic Acids (HAA)

N/A

0.0608

Some people who drink water containing haloacetic acids in excess of the MCL over many years may have an increased risk of getting cancer.

Bromate

Zero

0.010

Some people who drink water containing bromate in excess of the MCL over many years may have an increased risk of getting cancer.

Chlorite

0.08

1.0

Some infants and young children who drink water containing chlorite in excess of the MCL could experience nervous system effects. Similar effects may occur in fetuses of pregnant women who drink water containing chlorite in excess of the MCL. Some people may experience anemia.

Chlorine

4 (MRDLG)

4.0 (MRDL)

Some people who use water containing chlorine well in excess of the MRDL could experience irritating effects to their eyes and nose. Some people who drink water containing chlorine well in excess of the MRDL could experience stomach discomfort.

Chloramines

4 (MRDLG)

4.0 (MRDL)

Some people who use water containing chloramines well in excess of the MRDL could experience irritating effects to their eyes and nose. Some people who drink water containing chloramines well in excess of the MRDL could experience stomach discomfort or anemia.

Chlorine dioxide, where any 2 consecutive daily samples collected at the entrance to the distribution system are above the MRDL.

0.8 (MRDLG)

0.8 (MRDL)

Some infants and young children who drink water containing chlorine dioxide in excess of the MRDL could experience nervous system effects. Similar effects may occur in fetuses of pregnant women who drink water containing chlorine dioxide in excess of the MRDL. Some people may experience anemia.

Add for public notification only: The chlorine dioxide violations reported today are the result of exceedances at the treatment facility only, not within the distribution system, which delivers water to consumers. Continued compliance with chlorine dioxide levels within the distribution system minimizes the potential risk of these violations to consumers.

Chlorine dioxide, where one or more distribution system samples are above the MRDL.

0.8 (MRDLG)

0.8 (MRDL)

Some infants and young children who drink water containing chlorine dioxide in excess of the MRDL could experience nervous system effects. Similar effects may occur in fetuses of pregnant women who drink water containing chlorine dioxide in excess of the MRDL. Some people may experience anemia.

Add for public notification only: The chlorine dioxide violations reported today include exceedances of the State standard within the distribution system, which delivers water to consumers. Violations of the chlorine dioxide standard within the distribution system may harm human health based on short-term exposures. Certain groups, including fetuses, infants, and young children, may be especially susceptible to nervous system effects from excessive chlorine dioxide exposure.

Control of DBP precursors (TOC)

None

TT

Total organic carbon (TOC) has no health effects. However, total organic carbon provides a medium for the formation of disinfection byproducts. These byproducts include trihalomethanes (THMs) and haloacetic acids (HAAs). Drinking water containing these by-products in excess of the MCL may lead to adverse health effects, liver or kidney problems, or nervous system effects, and may lead to an increased risk of getting cancer.

Other Treatment Techniques

Acrylamide

Zero

TT

Some people who drink water containing high levels of acrylamide over a long period of time could have problems with their nervous system or blood, and may have an increased risk of getting cancer.

Epichlorohydrin

Zero

TT

Some people who drink water containing high levels of epichlorohydrin over a long period of time could experience stomach problems, and may have an increased risk of getting cancer.

Backflow Prevention and Cross-Connection Control Rule

None

TT

Uncontrolled cross-connections can lead to a back pressure or siphonage event that may allow contaminants or disease-causing organisms to enter the drinking water, which can cause diarrhea, nausea, cramps, and associated headaches.

Storage Tank Rule

None

TT

Inadequately maintained storage tanks, identified through inspections, may allow contaminants or disease-causing organisms to enter the drinking water, which can cause diarrhea, nausea, cramps, and associated headaches.

Failure to Correct a Significant Deficiency

None

TT

An uncorrected significant deficiency may allow contaminants or disease-causing organisms to enter the drinking water, which can cause diarrhea, nausea, cramps, and associated headaches.

Direct Potable Reuse Rule

Critical control point for pathogen reduction of Cryptosporidium, Giardia lamblia, and/or viruses

None

TT

Inadequately treated water from direct potable reuse may contain disease-causing organisms. These organisms include bacteria, viruses, and parasites, which can cause symptoms such as nausea, cramps, diarrhea, and associated headaches

Critical control point for chemical reduction

None

TT

The direct potable reuse processes are intended to remove or reduce the following list of compounds (Target chemicals list from application). Inadequately treated water from direct potable reuse may contain elevated levels of the compounds above. These compounds can cause adverse health effects including (Target chemical health effects language as defined in the Direct Potable Reuse Policy and included in department approval).

Inadequately treated water from direct potable reuse may also contain elevated levels of unknown compounds that may be present in treated wastewater. Because these chemicals are not identified, the health effects for these compounds are unknown.

1 If the supplier is collecting at least 40 samples per month, no more than 5.0 percent of the monthly samples may be positive for total coliforms. If the supplier is collecting fewer than 40 samples per month, no more than one sample per month may be positive for total coliforms.
2 E. coli-positive repeat sample following a total coliform-positive routine sample, total coliform-positive repeat sample following an E. coli-positive routine sample, failure to collect all required repeat samples following an E. coli-positive routine sample, or failure to analyze a total-coliform positive repeat sample for E. coli.
3 11.8 treatment technique violations that involve turbidity exceedances may use the health effects language for turbidity instead.
4 The bacteria detected by heterotrophic plate count (HPC) are not necessarily harmful. HPC is simply an alternative method of determining disinfectant residual levels. The number of such bacteria is an indicator of whether there is enough disinfection in the distribution system.
5 Action Level = 0.015 mg/L
6 Action Level = 1.3 mg/L
7 The MCL for total trihalomethanes is the sum of the concentrations of the individual trihalomethanes.
8 The MCL for haloacetic acids is the sum of the concentrations of the individual haloacetic acids.

5 CCR 1002-11.33

38 CR 07, April 10, 2015, effective 4/30/2015
41 CR 11, June 10, 2018, effective 6/30/2018
41 CR 23, December 10, 2018, effective 12/30/2018
43 CR 07, April 10, 2020, effective 4/30/2020
43 CR 17, September 10, 2020, effective 9/30/2020
45 CR 24, December 25, 2022, effective 1/14/2023
46 CR 18, September 25, 2023, effective 10/15/2023