Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-550 - DRINKING WATER STANDARDS, MONITORING, AND REPORTING › Section 62-550.824 - Consumer Confidence Reports

Current through Reg. 50, No. 138; July 16, 2024
These rules are intended to implement the Primary and
				  Secondary Drinking Water Regulations that require community water systems to
				  prepare and provide to their customers annual consumer confidence reports
				  (CCRs) on the quality of the water delivered by the systems. In addition to the
				  requirements of this rule, the requirements contained in the following
				  regulations are adopted and incorporated herein by reference and are
				  enforceable under this rule: the July 1, 2014, edition of   40 C.F.R. Part 141,   Subpart O, Sections 151 through 155, except for
				  40 C.F.R. §
										141.153(h)(6)(ii), and
				  Appendix A to 40 C.F.R. Part 141, Subpart O (
http://www.flrules.org/Gateway/reference.asp?No=Ref-05590
).
				  40 C.F.R. §
										141.153(h)(6)(ii) is not
				  adopted or incorporated in this rule. Additional information may be obtained
				  from the USEPA's guidance manuals
Preparing Your Drinking Water
				  Consumer Confidence Report - Guidance for Water Suppliers
,
				  2nd Revision: EPA 816-R-09-011, April 2010 (
http://www.flrules.org/Gateway/reference.asp?No=Ref-00912
),
				  and
Revised State Implementation Guidance for the Consumer Confidence
				  Report (CCR) Rule
, Appendix E, EPA 816-R-09-010, April 2010 (
http://www.flrules.org/Gateway/reference.asp?No=Ref-00913
),
				  which are incorporated herein by reference. This introductory text shall be
				  effective on July 7, 2015.
(1)
				Additional Report Content Requirements. In addition to the requirements of
				40 CFR
				141.153, the following requirements shall
				apply:
(a) Additional Source Water
				Information. If the Department has determined that a system or well is under
				the direct influence of surface water, the system shall identify the well and
				proposed remedial action.
(b) Water
				Treatment Information. Systems shall include a general description of all major
				water treatment processes. For example, a statement may be worded in the
				following way: Our water is obtained from ground water sources and is
				chlorinated for disinfection purposes, and then fluoridated for dental health
				purposes.
(c) Additional Primary
				Contaminant Information.
1. In addition to the
				contaminants referenced in 40 CFR
				141.153(d)(1)(i), the
				following contaminants shall be subject to the requirements of
				§141.153(d): nickel, lead (point of entry) and sodium. The applicable
				results for these three contaminants shall be only the results of monitoring to
				demonstrate compliance with a maximum contaminant level (MCL) in subsection
				 62-550.310(1),
				F.A.C.
2. More Stringent MCLs. For
				the following contaminants, the Florida MCL is more stringent than the federal
				MCL referenced in    40 CFR 141, Subpart O, Consumer Confidence Reports: benzene,
				vinyl chloride, ethylene dibromide, carbon tetrachloride, 1, 2-dichloroethane,
				trichloroethylene, and tetrachloroethylene. For these contaminants, the Florida
				MCLs listed in Rules  62-550.310 and
				 62-550.320, F.A.C., shall apply
				for the purpose of preparing the consumer confidence report.
3. Different Monitoring Location
				Requirements. Subsection
				 62-550.500(5),
				F.A.C., requires monitoring at the entry point to the distribution system
				rather than at points within the distribution system when monitoring for
				compliance with the MCLs for the radiological contaminants listed in subsection
				 62-550.310(6),
				F.A.C. These results shall be applicable to the consumer confidence report
				requirements of 40 CFR
				141.153(d)(1)(i).
4. Primary Contaminant Source of
				Contamination Language. In addition to the language found in 40 CFR 141,
				Appendix A to Subpart O, the following language shall be used in tables of
				analytical results to report on the source of contamination for lead (point of
				entry), nickel, and sodium. Systems may substitute other language or add their
				own language if the language they use as source of contamination language is
				more specific to conditions affecting their system.
a. Lead (point of entry): Residue from
				man-made pollution such as auto emissions and paint. Lead pipe, casing, and
				solder.
b. Nickel: Pollution from
				mining and refining operations. Natural occurrence in soil.
c. Sodium: Salt water intrusion, leaching
				from soil.
5. Health
				Effects Language in addition to that found in 40 CFR 141, Appendix C to Subpart
				O. The following health effects language shall be used for nickel, sodium, and
				lead (point of entry) when their MCLs have been exceeded:
a. Nickel: Nickel has been shown to damage
				the heart and liver in laboratory animals when the animals are exposed to high
				levels over their lifetimes. The Florida Department of Environmental Protection
				(DEP) has set the drinking water standard for nickel at 100 parts per billion
				(ppb) to protect against the risk of these adverse effects.
b. Sodium: The Florida Department of
				Environmental Protection (DEP) has set the drinking water standard for sodium
				at 160 parts per million (ppm) to protect individuals that are susceptible to
				sodium-sensitive hypertension or diseases that cause difficulty in regulating
				body fluid volume. Sodium is monitored so that individuals who have been placed
				on sodium (salt) restricted diets may take into account the sodium in their
				drinking water. Drinking water contributes only a small fraction (less than 10
				percent) to the overall sodium intake. Sodium levels in drinking water can be
				increased by ion-exchange softeners at water treatment facilities or certain
				point-of-use treatment devices. If you have been placed on a sodium restricted
				diet, please inform your physician that our water contains <<insert
				sodium concentration>> ppm of sodium.
c. Lead (point of entry): Infants and
				children who drink water containing lead in excess of the MCL could experience
				delays in their physical or mental development. Children could show slight
				deficits in attention span and learning abilities. Adults who drink this water
				over many years could develop kidney problems or high blood
				pressure.
6. Reporting
				total coliform results. When reporting the total monthly number of samples
				include repeat samples.
7.
				Reporting fecal coliform results. If fecal coliform is detected, the table of
				analytical results shall include the total number of positive samples for the
				year.
8. Reporting nitrates and
				nitrites results. Analytical results for nitrates and nitrites shall be
				reported individually. The reporting of analytical results of total nitrates
				and nitrites is not required.
(d) Secondary Contaminant Information.
1. The reporting requirements of
				40 CFR
				141.153(d) shall be
				applicable to the secondary contaminants listed in Rule 62-550.320,
				F.A.C.
2. Reporting of secondary
				contaminants results.
a. Results subject to
				CCR reporting for secondary contaminants shall be the most recent year's worth
				of results obtained during or before the calendar year previous to the year the
				CCR is due, except that data older than five years need not be included.
				Results shall be included in the table of secondary contaminants analytical
				results only if the highest single sample result exceeds the MCL. On the table
				of secondary contaminants analytical results, the highest result shall be
				reported as the level detected, and the range of results shall be reported as
				the range.
b. Results for pH need
				not be reported.
c. Results for
				ethylbenzene (odor), toluene (odor), and xylenes (odor), need not be reported,
				because they are also monitored as primary contaminants.
3. Source of Secondary Contaminants. The
				following language is provided for use in tables of results to describe the
				major sources in drinking water for the secondary contaminants listed as
				follows. Systems may substitute other language or add their own language if the
				language they use as source of contamination language in the consumer
				confidence report is more specific to conditions affecting their system.
a. Color and odor: Naturally occurring
				organics.
b. Copper: Corrosion
				byproduct and natural occurrence from soil leaching.
c. Foaming agents: Pollution from soaps and
				detergents.
d. Fluoride: Erosion of
				natural deposits; Water additive which promotes strong teeth; Discharge from
				fertilizer and aluminum factories.
e. All other secondary contaminants: Natural
				occurrence from soil leaching.
(e) Unregulated Contaminants. Systems
				required to monitor for unregulated contaminants by
				40 CFR
				141.40 shall report analytical results when
				there are detections of unregulated contaminants. If unregulated contaminants
				are detected the CCR shall include the following informational statement:
				<<Insert name of system>> has been monitoring for unregulated
				contaminants (UCs) as part of a study to help the U.S. Environmental Protection
				Agency (EPA) determine the occurrence in drinking water of UCs and whether or
				not these contaminants need to be regulated. At present, no health standards
				(for example, maximum contaminant levels) have been established for UCs.
				However, we are required to publish the analytical results of our UC monitoring
				in our annual water quality report. If you would like more information on the
				EPA's Unregulated Contaminants Monitoring Rule, please call the Safe Drinking
				Water Hotline at (800) 426-4791.
(f) Information Collection Rule (ICR)
				Contaminants. The federal CCR regulations (40 CFR 141.153) state
				that finished water results for the following are subject to consumer
				confidence reporting requirements: disinfection by-products or microbial
				contaminants for which monitoring is required under  40 CFR 141.142 and 141.143
				 except Cryptosporidium.
1. Systems monitoring
				for ICR contaminants shall report the following ICR contaminants in their
				consumer confidence reports, if found in the finished water:
a. THM4: trihalomethanes (chloroform,
				bromodichloromethane, dibromochloromethane, and bromoform) - report as a
				group,
b. HAA5: haloacetic acids
				(mono-, di-, and trichloroacetic acid, and mono- and di-bromoacetic acid) -
				report as a group,
c. HAN:
				haloacetilenitriles (dichloro-, trichloro-, bromochloro-, and
				dibromoacetonitrile) - report as a group,
d. HK: haloketones (1, 1-dichloropropanone
				and 1, 1, 1-trichloropropanone) - report as a group,
e. CP: chloropicrin,
f. CH: chloral hydrate,
g. TOX: total organic halides,
h. disinfectant residual,
i. total coliforms, fecal coliforms, or
				Escherichia coli,
j. Giardia,
				and
k. total culturable
				viruses.
2. The following
				provisions shall apply:
a. Treatment plants
				using chloramines shall report cyanogen chloride;
b. Treatment plants using hypochlorite
				solutions shall report chlorate;
c.
				Treatment plants using ozone shall report bromate and aldehydes; and
d. Treatment plants using chlorine dioxide
				shall report chlorine dioxide residual, chlorite, chlorate, bromate, and
				aldehydes.
3. As required
				by the 40 CFR
				141.153, results for the above contaminants,
				if found in the finished water, shall be reported in the table of analytical
				results in consumer confidence reports in the same manner as the unregulated
				contaminants (average and range of detection.)
(g) Additional health information required by
				40 CFR
				141.154. In addition to the requirements of
				40 CFR
				141.154, systems shall include this
				additional health information when they:
1.
				Detect arsenic or nitrate at the MCL. Report the informational statements
				required by 40 CFR
				141.154(b) or (c),
				respectively.
2. Detect TTHM at the
				MCL. Include in the report the informational statements required by
				40 CFR
				141.154(e).
(h) Educational Statement for Lead. If lead
				is detected above the action level in more than five percent, and up to and
				including ten percent of homes sampled, the system shall include in its CCR the
				language set forth in 40 CFR
				141.154(d). Systems that
				collect fewer than 20 samples during each monitoring period do not have to
				include the educational statement for lead.
(i) Operation Violations. Systems with any of
				the problems listed in subparagraphs 1.-3. below shall provide an explanation
				of the violation in their consumer confidence reports. The explanation shall
				include a description of the violation and its duration.
1. Certified Operator Requirement Violations.
				Systems that fail to maintain continuous usage of the services of an operator
				with the appropriate certification in accordance with Rule
				 62-699.310, F.A.C.
2. Disinfectant Requirement Violations.
				Systems that treat their water and that have disinfectant concentrations of
				less than 0.2 ppm free chlorine or its equivalent at the entry points to their
				distribution systems in routine monitoring as recorded on their monthly
				operation reports for the calendar year previous to the year in which the CCR
				is due.
3. Cross Connection Control
				Requirement Violations. Systems that fail to adopt and implement a written
				cross connection control and backflow prevention program as required by Rule
				 62-555.360,
				F.A.C.
(j) Table Format.
				All consumer confidence reports that are required to include a table of
				analytical results shall display these results in the same format and manner as
				shown in the FRWA/DEP CCR Template Instructions and Template, February 5, 2003,
				which is incorporated herein by reference and is available from the Department
				of Environmental Protection, Drinking Water Section, Mail Station 3520, 2600
				Blair Stone Road, Tallahassee, Florida 32399-2400.
1. If reporting of analytical data is
				required, the reporting of these data shall appear in one or both of the
				following tables only: The main table of analytical results and the table of
				secondary contaminants analytical results.
a.
				The main table of analytical results shall contain only analytical results of
				detected regulated contaminants (i.e., contaminants subject to MCL, MRDL, TT,
				or AL requirements), and detected unregulated contaminants for which the USEPA
				requires monitoring under 40
				CFR 141.40 (Unregulated Contaminant
				Monitoring) or 141.142 and 141.143 (Information Collection Rule.)
b. The table of secondary contaminants
				analytical results shall contain only analytical results for secondary
				contaminants where the highest single sample result exceeds the
				MCL.
2. Contaminants
				referenced in sub-subparagraph 1.a. above that were monitored but not detected
				shall not be included in the main table of analytical results or table of
				secondary contaminants analytical results. However, they may be reported in
				text outside the tables.
3.
				Violations. Violations and action levels exceeded shall be noted in the
				affirmative with either "Y" or "Yes" per the requirements in sub-subparagraphs
				a. and b. In addition to following the requirements of
				40 CFR
				141.153(d)(6), systems shall
				include:
a. The word "violations" in both the
				column heading of the main table of analytical results or the table of
				secondary contaminants analytical results and in the explanation located
				outside the main table of analytical results and table of secondary
				contaminants analytical results when reporting maximum contaminant level (MCL),
				maximum residual disinfectant level (MRDL), and treatment technique (TT)
				violations, and
b. The phrase "AL
				exceeded" in both the column heading of the main table of analytical results
				and in the explanation located outside the main table of analytical results and
				table of secondary contaminants analytical results when reporting the exceeding
				of action levels (AL) for lead or copper.
4. Contaminants for which there are secondary
				drinking water standards (MCLs) that were monitored but not detected shall not
				be included in the table of secondary contaminants analytical results, but may
				be reported in text outside the table.
5. The acronym "ND" means not detected and
				indicates that the substance was not found by laboratory analysis. ND does not
				mean zero, and zero shall not be used instead of ND where ND is the intended
				meaning. ND may be used in the main table of analytical results or the table of
				secondary contaminants analytical results only when:
a. Reporting the lower limit of a range of
				analytical results, or
b. Reporting
				the level detected for systems with multiple hydraulically independent
				distribution systems and separate columns for each service
				area.
(k) The
				CCR shall contain the explanation regarding contaminants which may reasonably
				be expected to be found in drinking water including bottled water presented in
				40 CFR
				141.153(h)(1)(i)-(iv)
				verbatim.
(l) Variances and
				exemptions. Community water systems operating under the terms of a variance or
				exemption issued by the state in accordance with Rules
				 62-560.510 and
				 62-560.520, F.A.C., or Section
				 120.542, F.S., for the secondary
				contaminant MCLs listed in Rule 62-550.320, F.A.C., or for the primary
				contaminant MCLs for nickel and sodium listed in subsection
				 62-550.310(1),
				F.A.C., shall include in their CCRs:
1. An
				explanation of the reasons for the variance or exemption;
2. The date on which the variance or
				exemption was issued;
3. A brief
				status report on the steps the system is taking to install treatment, find
				alternative sources of water, or otherwise comply with the terms and schedules
				of the variance or exemption; and
4. A notice of any opportunity for public
				input in the review or renewal of the variance or
				exemption.