Section R. 325.10413 - Annual consumer confidence reporting; content of reportsRule 413.
(1) Each community water supply shall provide to its customers an annual report that contains the information specified in this rule and the information specified in R 325.10414.(2) Each report shall identify the source or sources of the water delivered by the community water supply by providing information on both of the following: (a) The type of the water; for example, surface water or ground water.(b) The commonly used name, if any, and location of the body or bodies of water.(3) If a source water assessment has been completed, then the report shall notify consumers of the availability of the information and the means to obtain it. In addition, a community supply is encouraged to highlight in the report significant sources of contamination in the source water area if the supply has readily available information. If a supply has received a source water assessment from the department, then the report shall include a brief summary of the supply's susceptibility to potential sources of contamination, using language provided by the department or written by the operator.(4) Each report shall include both of the following definitions: (a) "Maximum Contaminant Level Goal" or "MCLG" means the level of a contaminant in drinking water below which there is no known or expected risk to health. MCLGs allow for a margin of safety.(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 MCLGs as feasible using the best available treatment technology.(5) A report for a community water supply operating under a variance or an exemption issued under section 20 of the act shall include the definition for variances and exemptions. "Variances and exemptions" means state or EPA permission not to meet an MCL or a treatment technique under certain conditions.(6) A report that contains data on regulated contaminants using any of the following terms shall include the applicable definitions:(a) "Treatment technique" or "TT" means a required process intended to reduce the level of a contaminant in drinking water.(b) "Action level" or "AL" means the concentration of a contaminant that, if exceeded, triggers treatment or other requirements that a water supply shall follow.(c) "Maximum residual disinfectant level goal" or "MRDLG" means the level of a drinking water disinfectant below which there is no known or expected risk to health. MRDLGs do not reflect the benefits of the use of disinfectants to control microbial contaminants.(d) "Maximum residual disinfectant level" or "MRDL" means the highest level of a disinfectant allowed in drinking water. There is convincing evidence that addition of a disinfectant is necessary for control of microbial contaminants.(7) A report that contains information regarding a level 1 or level 2 assessment required under total coliform provisions of R 325.10704a to R 325.10704k shall include the following applicable definitions:(a) Level 1 assessment: A level 1 assessment is a study of the water supply 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 has occurred and/or why total coliform bacteria have been found in our water system on multiple occasions.(8) The report shall include all of the following information on detected contaminants subject to mandatory monitoring, except Cryptosporidium: (a) This subrule applies to all of the following contaminants: (i) Contaminants subject to an MCL, action level, maximum residual disinfectant level, or treatment technique known as regulated contaminants.(ii) Contaminants for which monitoring is required by 40 CFR § 141.40, as referenced in R 325.10401a, known as unregulated contaminants.(iii) Disinfection byproducts or microbial contaminants for which monitoring is required by 40 C.F.R. §§ 141.142 and 141.143, except as provided under subrule (9)(a) of this rule, and which are detected in the finished water.(b) The data relating to the contaminants specified in this subrule shall be displayed in 1 table or in several adjacent tables. Any additional monitoring results that a community supply chooses to include in its report shall be displayed separately.(c) The data shall be derived from data collected to comply with EPA and state monitoring and analytical requirements during the previous calendar year with the following exceptions: (i) If a supply is allowed to monitor for regulated contaminants less often than once a year, then the table or tables shall include the date and results of the most recent sampling and the report shall include a brief statement indicating that the data presented in the report are from the most recent testing done in accordance with the regulations. Data older than 5 years need not be included.(ii) Results of monitoring in compliance with 40 C.F.R. §§ 141.142 and 141.143 need only be included for 5 years from the date of last sample or until any of the detected contaminants becomes regulated and subject to routine monitoring requirements, whichever comes first.(d) For detected regulated contaminants in table 1 of R 325.10405, the table or tables shall contain all of the following information:(i) The MCL for that contaminant expressed as a number equal to or greater than 1.0, as provided in table 1 of R 325.10405.(ii) The MCLG for that contaminant expressed in the same units as the MCL.(iii) If there is not an MCL for a detected contaminant, then the table shall indicate that there is a treatment technique, or specify the action level, applicable to that contaminant. The report shall also include the definitions for treatment technique or action level, or both, as appropriate, and specified in subrule (6) of this rule.(iv) For contaminants subject to an MCL, except turbidity, total coliform, fecal coliform, and E. coli, the table shall indicate the highest contaminant level used to determine compliance with a drinking water standard and the range of detected levels as follows:(A) If compliance with the MCL is determined annually or less frequently, then the table shall indicate the highest detected level at any sampling point and the range of detected levels expressed in the same units as the MCL.(B) If compliance with the MCL is determined by calculating a running annual average of all samples taken at a sampling point, then the table shall indicate the highest average of any of the sampling points and the range of all sampling points expressed in the same units as the MCL. For the MCLs for TTHM and HAA5 in R 325.10610(2) that are based on a locational running annual average, supplies shall include the highest locational running annual average for TTHM and HAA5 and the range of individual sample results for all monitoring locations expressed in the same units as the MCL. If more than 1 location exceeds the TTHM or HAA5 MCL, the supply shall include the locational running annual averages for all locations that exceed the MCL.(C) If compliance with the MCL is determined on a supply-wide basis by calculating a running annual average of all samples at all sampling points, then the table shall indicate the average and range of detection expressed in the same units as the MCL. Note to subdivision (d)(iv) of this subrule: When rounding of results to determine compliance with the MCL is allowed, rounding may be done before multiplying the results by the factor listed in table 1 of R 325.10405.(v) For turbidity reported under R 325.10720 and R 325.10611b, the table shall indicate the highest single measurement and the lowest monthly percentage of samples meeting the turbidity limits for the filtration technology being used. The report shall include an explanation of the reasons for measuring turbidity.(vi) For lead and copper, the table shall indicate the ninetieth percentile value of the most recent round of sampling, the number of sampling sites exceeding the action level, and the range of individual sample results for all monitoring locations.(vii) For total coliform analytical results until March 31, 2016, the table shall indicate either of the following: (A) The highest monthly number of positive samples for supplies collecting fewer than 40 samples per month.(B) The highest monthly percentage of positive samples for supplies collecting not less than 40 samples per month.(viii) For fecal coliform and E. coli until March 31, 2016, the table shall indicate the total number of positive samples.(ix) The table shall indicate the likely source or sources of detected contaminants to the best of the supply's knowledge. Specific information regarding contaminants may be available in sanitary surveys and source water assessments and the supply shall use the information when it is available. If the supply lacks specific information on the likely source, then the report shall include 1 or more of the typical sources for that contaminant listed in table 1 of R 325.10405 that are most applicable to the community water supply.(x) For E. coli analytical results under the total coliform provisions of R 325.10704a to R 325.10704k, the table shall indicate the total number of positive samples.(e) If a community water supply distributes water to its customers from multiple hydraulically independent distribution systems that are fed by different raw water sources, then the table may contain a separate column for each service area and the report may identify each separate distribution system. Alternatively, supplies may produce separate reports tailored to include data for each service area.(f) The table or tables shall clearly identify any data indicating violations of MCLs, MRDLs, or treatment techniques and the report shall contain a clear and readily understandable explanation of the violation including the length of the violation, the potential adverse health effects, and actions taken by the supply to address the violation. The supply shall use the relevant language in table 1 of R 325.10405 to describe the potential health effects.(g) For detected unregulated contaminants for which monitoring is required, except Cryptosporidium, the table or tables shall contain the average and range at which the contaminant was detected. The report may include a brief explanation of the reasons for monitoring for unregulated contaminants.(9) All of the following information shall be included on Cryptosporidium, radon, and other contaminants: (a) If the supply has performed any monitoring for Cryptosporidium, including monitoring performed to satisfy the requirements of 40 C.F.R. § 141.143, which indicates that Cryptosporidium may be present in the source water or the finished water, the report shall include both of the following: (i) A summary of the results of the monitoring.(ii) An explanation of the significance of the results.(b) If the supply has performed any monitoring for radon which indicates that radon may be present in the finished water, then the report shall include both of the following: (i) The results of the monitoring.(ii) An explanation of the significance of the results.(c) If the supply has performed additional monitoring which indicates the presence of other contaminants in the finished water, then the supply is encouraged to report any results that may indicate a health concern. To determine if results may indicate a health concern, the supply may determine if 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). EPA considers detections above a proposed MCL or health advisory level to indicate possible health concerns. For such contaminants, the report may include both of the following: (i) The results of the monitoring.(ii) An explanation of the significance of the results noting the existence of a health advisory or a proposed regulation.(d) Levels of sodium monitored under R 325.10717b during the year covered by the report.(10) For compliance with state drinking water standards, in addition to the requirements of subrule (7)(f) of this rule, the report shall note any violation that occurred during the year covered by the report for all of the following requirements and include a clear and readily understandable explanation of the violation, any potential adverse health effects, and the steps the supply has taken to correct the violation:(a) Monitoring and reporting of compliance data.(b) For filtration and disinfection prescribed by R 325.10611, R 325.10611a, and R 325.10611b, supplies which have failed to install adequate filtration or disinfection equipment or processes, or have had a failure of such equipment or processes which constitutes a violation shall include the following language as part of the explanation of potential adverse health effects in the report: "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) For lead and copper control requirements prescribed by R 325.10604f, supplies that fail to take 1 or more actions prescribed by R 325.10604f(1)(d), R 325.10604f(2), R 325.10604f(3), R 325.10604f(4), or R 325.10604f(5) shall include the applicable language of table 1 of R 325.10405 for lead, copper, or both, in the report.(d) For treatment techniques for acrylamide and epichlorohydrin prescribed by R 325.10604e, supplies that violate the requirements of R 325.10604e shall include the relevant language from table 1 of R 325.10405 in the report.(e) Recordkeeping of compliance data.(f) Special monitoring requirements prescribed by R 325.10717b.(g) Violation of the terms of a variance, an exemption, or an administrative or judicial order.(11) For variances and exemptions, if a supply is operating under the terms of a variance or an exemption issued under section 20 of the act, then the report shall contain all of the following information: (a) An explanation of the reasons for the variance or exemption.(b) The date on which the variance or exemption was issued.(c) A brief status report on the steps the supply is taking to install treatment, find alternative sources of water, or otherwise comply with the terms and schedules of the variance or exemption.(d) A notice of any opportunity for public input in the review, or renewal, of the variance or exemption.(12) The report shall include all of the following additional information: (a) A brief explanation regarding contaminants which may reasonably be expected to be found in drinking water including bottled water. The explanation may include the language of paragraphs (i) to (iii) of this subdivision or supplies may use their own comparable language. The report also shall include the language of paragraph (iv) of this subdivision. (i) The sources of drinking water, both tap water and bottled water, including 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 including all of the following: (A) Microbial contaminants, such as viruses and bacteria, which may come from sewage treatment plants, septic systems, agricultural livestock operations, and wildlife.(B) 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.(C) Pesticides and herbicides, which may come from a variety of sources such as agriculture, urban stormwater runoff, and residential uses.(D) 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.(E) Radioactive contaminants, which can be naturally occurring or be the result of oil and gas production and mining activities.(iii) To ensure that tap water is safe to drink, EPA prescribes regulations that limit the amount of certain contaminants in water provided by public water supplies. FDA regulations establish limits for contaminants in bottled water that shall 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 United States Environmental Protection Agency's safe drinking water hotline (800-426-4791).(b) The report shall include the telephone number of the owner, operator, or designee of the community water supply as a source of additional information concerning the report.(c) In communities that have more than 10% non-English speaking residents, the report shall contain information in the appropriate language or languages regarding the importance of the report or the report shall contain a telephone number or address where residents may contact the supply to obtain a translated copy of the report or assistance in the appropriate language.(d) The report shall include information about opportunities for public participation in decisions by the supplies that may affect the quality of the water; for example, time and place of regularly scheduled board meetings.(e) The supply may include such additional information as it determines necessary for public education consistent with, and not detracting from, the purpose of the report.(f) Groundwater supplies required to comply with groundwater provisions of R 325.10612 shall comply with all of the following:(i) A groundwater supply that receives notice from the department of a significant deficiency or notice from a laboratory of a fecal indicator-positive groundwater source sample that is not invalidated by the department under R 325.10739(3) shall inform its customers of any significant deficiency that is uncorrected at the time of the next report or of any fecal indicator-positive groundwater source sample in the next report. The groundwater supply shall continue to inform the public annually until the department determines that particular significant deficiency is corrected or the fecal contamination in the groundwater source is addressed under R 325.10612a(1). Each report shall include all of 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 department or the dates of the fecal indicator-positive groundwater source samples.(B) If the fecal contamination in the groundwater source has been addressed under R 325.10612a(1) and the date of the action.(C) For each significant deficiency or fecal contamination in the groundwater source that has not been addressed under R 325.10612a(1), the department-approved plan and schedule for correction, including interim measures, progress to date, and any interim measures completed.(D) If the groundwater supply receives notice of a fecal indicator-positive groundwater source sample that is not invalidated by the department under R 325.10739(3), the potential health effects using the health effects language of Table 1 of R 325.10405.(ii) If directed by the department, a groundwater supply with significant deficiencies that have been corrected before the next report is issued shall inform its customers of the significant deficiency, how the deficiency was corrected, and the date of correction under paragraph (i) of this subdivision.(g) Supplies required to comply with total coliform provisions of R 325.10704a to R 325.10704k shall comply with all of the following:(i) A supply required to comply with the level 1 assessment requirement or a level 2 assessment requirement that is not due to an E. coli MCL violation shall comply with all of the following:(A) Include in the report the text, "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 the problems that were found during these assessments."(B) Include in the report as appropriate, filling in the blanks accordingly the text, "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."(C) Include in the report as appropriate, filling in the blanks accordingly the text, "During the past year [INSERT NUMBER OF LEVEL 2 ASSESSMENTS] level 2 assessments were required to be completed for our water supply. [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."(D) A supply that has failed to complete all the required assessments or correct all identified sanitary defects, is in violation of the treatment technique requirement and shall also include 1 or both of the following statements, as appropriate: (1) During the past year we failed to conduct all of the required assessment(s).(2) During the past year we failed to correct all identified defects that were found during the assessment.(ii) A supply required to undergo a level 2 assessment due to an E. coli MCL violation shall comply with all of the following:(A) Include in the report the text, "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 the problems that were found during these assessments."(B) Include in the report as appropriate, filling in the blanks accordingly the text, "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."(C) A supply that has failed to complete the required assessment or correct all identified sanitary defects, is in violation of the treatment technique requirement and shall also include one or both of the following statements, as appropriate: (1) We failed to conduct the required assessment.(2) We failed to correct all sanitary defects that were identified during the assessment that we conducted.(iii) If a supply detects E. coli and has violated the E. coli MCL, in addition to completing the table as required in subrule (8)(d) of this rule, the supply shall include 1 or more of the following statements to describe the noncompliance, as applicable: (A) We had an E. coli-positive repeat sample following a total coliform-positive routine sample.(B) We had a total coliform-positive repeat sample following an E. coli-positive routine sample.(C) We failed to take all required repeat samples following an E. coli-positive routine sample.(D) We failed to test for E. coli when a repeat sample tests positive for total coliform.(iv) If a supply detects E. coli and has not violated the E. coli MCL, in addition to completing the table as required in subrule (8)(d) of this rule, the supply may include a statement that explains that although they have detected E. coli, they are not in violation of the E. coli MCL.(h) For water supplies with lead service lines, or service lines of unknown material, the report shall include the number of lead service lines, the number of service lines of unknown material, and the total number of service lines in the supply.Mich. Admin. Code R. 325.10413
2001 AACS; 2003 AACS; 2009 AACS; 2015 AACS; 2018 MR 11, Eff. 6/14/2018