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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 290PUBLIC DRINKING WATER
SUBCHAPTER HCONSUMER CONFIDENCE REPORTS
RULE §290.272Content of the Report

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.

Cont'd...

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