Section 290.272 - Content of the Report(a) Information on the source of the water delivered must be included in the report. (1) Each report must identify the source(s) of the water delivered by the community water system by providing information on the type of the water (such as surface water or groundwater) and any commonly used name and location of the body(ies) of water.(2) If a source water assessment has been completed, the report must notify consumers of the availability of this information and the means to obtain it. In the reports, systems should highlight significant sources of contamination in the source water area if they have readily available information.(3) If a system has received a source water assessment from the executive director, the report must include a brief summary of the system's susceptibility to potential sources of contamination using language provided by the executive director or written by a water system official and approved by the executive director.(b) The following explanations must be included in the annual report. (1) Each report must contain the following definitions. (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 were found.(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 Escherichia coli (E. coli) maximum contaminant level (MCL) violation has occurred and/or why total coliform bacteria were found on multiple occasions.(C) Maximum contaminant level goal (MCLG)--The level of a contaminant in drinking water below which there is no known or expected risk to health. MCLGs allow for a margin of safety.(D) Maximum contaminant level (MCL)--The highest level of a contaminant that is allowed in drinking water. MCLs are set as close to maximum contaminant level goals as feasible using the best available treatment technology.(E) Maximum residual disinfectant level goal (MRDLG)--The level of a drinking water disinfectant below which there is no known or expected risk to health. MRDLGs do not reflect the benefits of the use of disinfectants to control microbial contaminants.(F) Maximum residual disinfectant level (MRDL)--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.(2) The following terms and their descriptions must be included when they appear in the report: (A) MFL--million fibers per liter (a measure of asbestos);(B) mrem/year--millirems per year (a measure of radiation absorbed by the body);(C) NTU--nephelometric turbidity units (a measure of turbidity);(D) pCi/L--picocuries per liter (a measure of radioactivity);(E) ppb--parts per billion, or micrograms per liter (µg/L);(F) ppm--parts per million, or milligrams per liter (mg/L);(G) ppq--parts per quadrillion, or picograms per liter (pg/L); and(H) ppt--parts per trillion, or nanograms per liter (ng/L).(3) A report for a community water system operating under a variance or an exemption of the Safe Drinking Water Act must include a description of the variance or the exemption granted under § 290.102(b) of this title (relating to General Applicability).(4) A report that contains data on a contaminant for which the United States Environmental Protection Agency (EPA) has set a treatment technique (TT) or an action level (AL) must include, depending on the contents of the report, the following definitions. (A) AL--The concentration of a contaminant which, if exceeded, triggers treatment or other requirements that a water system must follow.(B) TT--A required process intended to reduce the level of a contaminant in drinking water.(c) Information on detected contaminants. (1) This subsection specifies the requirements for information to be included in each report for detected contaminants subject to mandatory monitoring, excluding Cryptosporidium. Mandatory monitoring is required for: (A) regulated contaminants subject to an MCL, MRDL, AL, or TT; and(B) unregulated contaminants for which monitoring is required by 40 Code of Federal Regulations (CFR) §141.40, and found in § 290.275(4) of this title (relating to Appendices A - D).(2) The data relating to these detected contaminants must be displayed in one table or in several adjacent tables. Any additional monitoring results that a community water system chooses to include in its reports must be displayed separately.(3) The data must be derived from data collected to comply with EPA and the commission monitoring and analytical requirements during the previous calendar year, except when a system is allowed to monitor for regulated contaminants less often than once per year. In that case, the table(s) must include the date and results of the most recent sampling, and the report must include a brief statement indicating that the data presented in the report is from the most recent testing done in accordance with the regulations. The report does not need to include data that is older than five years.(4) For detected regulated contaminants listed under § 290.275 of this title, the table(s) must contain: (A) the MCLs for those contaminants expressed as a number equal to or greater than 1.0 (as provided under § 290.275 of this title);(B) the MCLGs for those contaminants expressed in the same units as the MCLs (as provided for under § 290.275 of this title);(C) if there is no MCL for a detected contaminant, the TT or specific AL applicable to that contaminant; and(D) for contaminants subject to an MCL, except turbidity, total coliform, fecal coliform, and E. coli the highest contaminant level used to determine compliance with National Primary Drinking Water Regulations (NPDWR) and the range of detected levels. (i) For contaminants subject to MCLs, except turbidity, total coliform, fecal coliform, and E. coli, when sampling takes place once per year or less often, the table(s) must contain the highest detected level at any sampling point and the range of detected levels expressed in the same units as the MCL.(ii) When sampling takes place more than once per year at each sampling point, the table(s) must contain the highest average of any of the sampling points and the range of all sampling points expressed in the same units as the MCL.(iii) In accordance with date requirements included in the table under § 290.115(a) of this title (relating to Stage 2 Disinfection Byproducts (TTHM and HAA5)), entitled "Date to Start Stage 2 Compliance," for the MCLs for total trihalomethanes (TTHM) and haloacetic acids (HAA5), systems must include the highest locational running annual average for TTHM and HAA5 and the range of individual sample results for all monitoring locations expressed in the same units as the MCL. If more than one location exceeds the TTHM or HAA5 MCL, the system must include the locational running annual averages for all sampling points that exceed the MCL.(iv) When compliance with any MCL is determined on a system-wide basis by calculating a running annual average of all samples at all sampling points, the table(s) must include the average and range of detections expressed in the same units as the MCL.(v) When the executive director allows the rounding of results to determine compliance with the MCL, rounding should be done after multiplying the results by the factor listed under § 290.275 of this title.(E) When turbidity is reported under § 290.111 of this title (relating to Surface Water Treatment), the table(s) must contain the highest single measurement and the lowest monthly percentage of samples meeting the turbidity limits specified in that section for the filtration technology being used. The report should include an explanation of the reasons for measuring turbidity.(F) When lead and copper are reported, the table(s) must contain the 90th percentile value of the most recent round of sampling and the number of sampling sites exceeding the AL.(G) When E. coli is reported, the table(s) shall contain the total number of E. coli-positive samples.(H) The table(s) must contain information on the likely source(s) of detected contaminants based on the operator's knowledge. Specific information regarding contaminants may be available in sanitary surveys or source water assessments and should be used when available. If the operator lacks specific information on the likely source, the report must include one or more typical sources most applicable to the system for any particular contaminant listed under § 290.275 of this title. (i) If a community water system distributes water to its customers from multiple hydraulically independent distribution systems that are fed by different raw water sources, the table(s) must contain a separate column for each service area, and the report must identify each separate distribution system. Systems may produce separate reports tailored to include data for each service area.(ii) The table(s) must clearly identify any data indicating violations of MCLs, MRDLs, or TTs. The report must contain a clear and readily understandable explanation of the violation. The explanation must include the length of the violation, the potential adverse health effects, and the actions taken by the system to address the violation. To describe the potential health effects, the system must use the relevant language contained under § 290.275 of this title.(5) For detected unregulated contaminants found under § 290.275 of this title, for which monitoring is required (except Cryptosporidium), the table(s) must contain the average and range of concentrations at which the contaminant was detected. The report must include the following explanation: "Unregulated contaminants are those for which EPA has not established drinking water standards. The purpose of unregulated contaminant monitoring is to assist EPA in determining the occurrence of unregulated contaminants in drinking water and whether future regulation is warranted."(d) Information on Cryptosporidium, radon, and other contaminants. (1) If the system has performed any monitoring for Cryptosporidium, the report must include a summary of the results of any detections and an explanation of the significance of the results.(2) If the system has performed any monitoring for radon, which indicates that radon may be present in the finished water, the report must include the results of the monitoring and an explanation of the significance of the results.(3) If the system has performed additional monitoring, which indicates the presence of other contaminants in the finished water, the executive director strongly encourages systems to report any results which may indicate a health concern. To determine if the results may indicate a health concern, the executive director recommends that systems find out if the EPA has proposed a standard in the NPDWR or issued a health advisory for any particular contaminant. This information may be obtained by calling the Safe Drinking Water Hotline at (800) 426-4791. The executive director considers detections that are above a proposed MCL or health advisory level to indicate possible health concerns. For such contaminants, the executive director recommends that the report include the results of the monitoring and an explanation of the significance of the results. The explanation should note the existence of a health advisory or a proposed regulation.(4) Community water systems that exceed the secondary constituent level for fluoride as described in § 290.118 of this title (relating to Secondary Constituent Levels) but are below the maximum contaminant level listed in § 290.106 of this title (relating to Inorganic Contaminants) shall notify the public using the mandatory language as described in 40 CFR § 141.208(c).(e) Compliance with NPDWR. In addition to the requirements in subsection (c)(4)(H)(ii) of this section, the report must note any violation that occurred during the year covered by the report of a requirement listed in paragraphs (1) - (8) of this subsection. (1) The report must include a clear and readily understandable explanation of each violation of monitoring and reporting of compliance data and explain any adverse health effects and steps the system has taken to correct the violation.(2) The report must include a clear and readily understandable explanation of each violation of filtration and disinfection prescribed by Subchapter F of this chapter (relating to Drinking Water Standards Governing Drinking Water Quality and Reporting Requirements for Public Water Systems) and explain any adverse health effects and steps the system has taken to correct the violation. This applies both to systems that have failed to install adequate filtration, disinfection equipment, or processes, and to systems that have had a failure of such equipment or processes, each of which constitutes a violation. In either case, the report must include the following language as part of the explanation of potential adverse health effects: "Inadequately treated water may contain disease-causing organisms. These organisms include bacteria, viruses, and parasites that can cause symptoms such as nausea, cramps, diarrhea, and associated headaches."(3) The report must include a clear and readily understandable explanation of each violation of the lead and copper control requirements prescribed by § 290.117 of this title (relating to Regulation of Lead and Copper). For systems that fail to take one or more actions prescribed by §290.117(g), (h), and (i) of this title, the report must include the applicable health effects language of § 290.275(3) of this title for lead, copper, or both and the steps the system has taken to correct the violation.(4) The report must include a clear and readily understandable explanation of each violation of TTs for Acrylamide and Epichlorohydrin prescribed by § 290.107 of this title (relating to Organic Contaminants). If a system violates these requirements, the report must include the relevant health effects language from § 290.275 of this title and the steps the system has taken to correct the violation.(5) The report must include a clear and readily understandable explanation of each violation of recordkeeping of compliance data and explain any adverse health effects and steps the system has taken to correct the violation.(6) The report must include a clear and readily understandable explanation of each violation of special monitoring requirements for unregulated contaminants and special monitoring for sodium as prescribed by 40 CFR § 141.40 and § 141.41 and explain any adverse health effects and steps the system has taken to correct the violation.(7) For systems required to conduct initial distribution sampling evaluation (IDSE) sampling in accordance with § 290.115(c)(5) of this title, the system is required to include individual sample results for the IDSE when determining the range of TTHM and HAA5 results to be reported in the annual Consumer Confidence Report for the calendar year that the IDSE samples were taken.(8) The report must include a clear and readily understandable explanation of each violation of the terms of a variance, exemption, administrative order, or judicial order and explain any adverse health effects and steps the system has taken to correct the violation.(f) Variances and exemptions. If a system is operating under the terms of a variance or exemption issued under § 290.102(b) of this title, the report must contain: (1) an explanation of the variance or exemption;(2) the date on which the variance or exemption was issued and on which it expires;(3) a brief status report on the steps the system is taking, such as installing treatment processes or finding alternative sources of water, to comply with the terms and schedules of the variance or exemption; and(4) a notice of any opportunity for public input as the review or renewal of the variance or exemption.(g) Additional information. (1) The report must contain a brief explanation regarding contaminants that may reasonably be expected to be found in drinking water (including bottled water). This explanation may include the language contained within subparagraphs (A) - (C) of this paragraph, or systems may include their own comparable language. The report must include the language of subparagraphs (D) and (E) of this paragraph. (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, and can pick up substances resulting from the presence of animals or from human activity.(B) Contaminants that may be present in source water include: (i) microbial contaminants, such as viruses and bacteria, which may come from sewage treatment plants, septic systems, agricultural livestock operations, and wildlife;(ii) inorganic contaminants, such as salts and metals, which can be naturally occurring or result from urban storm water runoff, industrial or domestic wastewater discharges, oil and gas production, mining, or farming;(iii) pesticides and herbicides, which might have a variety of sources such as agriculture, urban storm water runoff, and residential uses;(iv) organic chemical contaminants, including synthetic and volatile organic chemicals, which are byproducts of industrial processes and petroleum production, and can also come from gas stations, urban storm water runoff, and 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, the EPA prescribes regulations that limit the amount of certain contaminants in water provided by public water systems. Food and Drug Administration regulations establish limits for contaminants in bottled water that must provide the same protection for public health.(D) Contaminants may be found in drinking water that may cause taste, color, or odor problems. These types of problems are not necessarily causes for health concerns. For more information on taste, odor, or color of drinking water, please contact the system's business office.(E) 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 EPA's Safe Drinking Water Hotline at (800) 426-4791.(2) The report must include the telephone number of the owner, operator, or designee of the community water system as an additional source of information concerning the report.(3) Each English language report must include the following statement in a prominent place on the first page: "Este reporte incluye informacion importante sobre el agua para tomar. Para asistencia en español, favor de llamar al telefono (XXX) XXX-XXXX." In addition to this statement in Spanish, for communities with a large proportion of limited English proficiency residents, as determined by the executive director, the report must contain information in the appropriate language(s) regarding the importance of the report or contain a telephone number or address where such residents may contact the system to obtain a translated copy of the report or assistance in the appropriate language.(4) The report must include information about opportunities for public participation in decisions that may affect the quality of the water (e.g., time and place of regularly scheduled board meetings). Investor-owned utilities are encouraged to conduct public meetings, but must include a phone number for public input.(5) The systems may include such additional information for public education consistent with, and not detracting from, the purposes of the report.(6) Systems that use an interconnect or emergency source to augment the drinking water supply during the calendar year of the report must provide the source of the water, the length of time used, an explanation of why it was used, and whom to call for the water quality information.(7) Beginning December 1, 2009, any groundwater system that receives notice from a laboratory of a fecal indicator positive groundwater source sample that is not invalidated by the executive director under § 290.109(e) of this title (relating to Microbial Contaminants) must inform its customers of any fecal indicator positive groundwater source sample in the next report. The system must continue to inform the public annually until the executive director determines that the fecal contamination in the groundwater source is addressed under § 290.116(a) of this title (relating to Groundwater Corrective Actions and Treatment Techniques). Each report must include the following elements: (A) the source of the fecal contamination (if the source is known) and the dates of the fecal indicator positive groundwater source samples;(B) actions taken to address the fecal contamination in the groundwater source as directed by § 290.116 of this title and the date of such action;(C) for each fecal contamination in the groundwater source that has not been addressed under § 290.116 of this title, the plan approved by the executive director and schedule for correction, including interim measures, progress to date, and any interim measures completed; and(D) for a fecal indicator positive groundwater source sample that is not invalidated by the executive director under § 290.109(e) of this title, the potential health effects using the health effects language of § 290.275(3) of this title.(8) Beginning December 1, 2009, any groundwater system that receives notice from the executive director of a significant deficiency must inform its customers of any significant deficiency that is uncorrected at the time of the next report. The system must continue to inform the public annually until the executive director determines that particular significant deficiency is corrected under § 290.116 of this title. Each report must include the following elements: (A) the nature of the particular significant deficiency and the date the significant deficiency was identified by the executive director;(B) for each significant deficiency, the plan approved by the executive director and schedule for correction, including interim measures, progress to date, and any interim measures completed; and(C) if corrected before the next report, the nature of the significant deficiency, how the deficiency was corrected, and the date of the corrections.(9) Any public water system required to comply with the Level 1 or Level 2 assessment requirements under § 290.109 and § 290.116 of this title that is not due to an E. coli MCL violation shall include in the report the information in subparagraph (A) of this paragraph. In addition to the elements in subparagraph (A) of this paragraph, the public water system shall include the elements in subparagraph (B) of this paragraph when it has a Level 1 treatment technique trigger as specified under § 290.109(c)(1) of this title and shall include the elements in subparagraph (C) of this paragraph in the report when it has a Level 2 treatment technique trigger as specified under § 290.109(c)(2)(B) of this title. Furthermore, any public water system that failed to complete all the required assessments shall also include the statement in subparagraph (D)(i) of this paragraph. Any public water system that failed to correct all identified sanitary defects shall also include the statement in subparagraph (D)(ii) of this paragraph. (A) 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.(B) 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) 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.(D) Any public water system that 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 one or both of the following statements as appropriate: (i) During the past year we failed to conduct all of the required assessment(s).(ii) During the past year we failed to correct all identified defects that were found during the assessment.(10) Any public water system required to comply with the Level 2 assessment requirements under § 290.109 and § 290.116 of this title that is due to an E. coli MCL violation shall include in the report the information in subparagraph (A) of this paragraph. In addition to the elements in subparagraph (A) of this paragraph, the public water system shall include the elements in subparagraph (B) of this paragraph when it has a Level 2 treatment technique trigger as specified under § 290.109(c)(2) of this title and shall include the following elements in subparagraph (C) in the report when it has a Level 2 treatment technique trigger as specified under §290.109(c)(2)(A). Furthermore, any public water system that failed to complete all the required assessments shall also include the statement in subparagraph (C)(i) of this paragraph. Any public water system that failed to correct all identified sanitary defects shall also include the statement in subparagraph (C)(ii) of this paragraph. (A)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.(B) 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) Any public water system 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: (i) We failed to conduct the required assessment.(ii) We failed to correct all sanitary defects that were identified during the assessment that we conducted.(11) If a public water system detects E. coli and has violated the E. coli MCL, in addition to completing the table as required in subsection (c)(4) of this section, the system shall include one or more of the following statements to describe any 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 any repeat sample tests positive for total coliform.(12) Every report must include the following lead-specific information - a short informational statement about lead in drinking water and its effect on children. (A) The statement must include the information set forth in this example statement. "If present, elevated levels of lead can cause serious health problems, especially for pregnant women and young children. Lead in drinking water is primarily from materials and components associated with service lines and home plumbing. NAME OF UTILITY is responsible for providing high quality drinking water, but cannot control the variety of materials used in plumbing components. When your water has been sitting for several hours, you can minimize the potential for lead exposure by flushing your tap for 30 seconds to two minutes before using water for drinking or cooking. If you are concerned about lead in your water, you may wish to have your water tested. Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available from the Safe Drinking Water Hotline or at http://www.epa.gov/safewater/lead."(B) A public water system may write its own educational statement, but only in consultation with the executive director.(h) If a public water system detects E. coli and has not violated the E. coli MCL, in addition to completing the table as required in subsection (c)(4) of this section, the system may include a statement that explains that although they have detected E. coli, they are not in violation of the E. coli MCL.(i) Customer notification of water loss by a retail public utility. A retail public utility required to file a water loss audit with the Texas Water Development Board under the provisions of Texas Water Code, § 16.0121, shall notify its customers of its water loss reported in the water loss audit by including the water loss information on or with the next report following the filing of the water loss audit, unless the retail public utility elects to notify its customers of its water loss reported in the water loss audit by including the water loss information on or with the next bill sent to its customers following the filing of the water loss audit in accordance with § 291.87 of this title (relating to Billing).30 Tex. Admin. Code § 290.272
The provisions of this §290.272 adopted to be effective August 21, 2000, 25 TexReg 8730; amended to be effective January 6, 2005, 29 TexReg 12212; amended to be effective January 9, 2008, 33 TexReg 198; amended to be effective May 15, 2011, 36 TexReg 2860; Amended by Texas Register, Volume 39, Number 45, November 7, 2014, TexReg 8720, eff. 11/13/2014; Amended by Texas Register, Volume 42, Number 12, March 24, 2017, TexReg 1569, eff. 3/30/2017