5 ADMINISTRATIVE RULES

ORR # 2002-021

DEPARTMENT OF ENVIRONMENTAL QUALITY DRINKING WATER AND RADIOLOGICAL PROTECTION DIVISION

SUPPLYING WATER TO THE PUBLIC

Filed with the Secretary of State on January 21, 2003

These rules take effect 7 days after filing with the Secretary of State

(By authority conferred on the department of environmental quality by sections 5, 7, 14, and 19 of 1976 PA 399, MCL 325.1005, 325.1007, 325.1014, and 325.1019, and Executive Reorganization Order

No. 1996-1, MCL 330.3101)

R 325.10401, R 325.10402, R 325.10403, R 325.10404, R 325.10405, R 325.10406, R 325.10407,

R 325.10408, R 325.10409, R 325.10411, R 325.10412, R 325.10413, R 325.10414, R 325.10415,

R 325.10416, R 325.10417, R 325.10418, R 325.10419, and R 325.10420 of the Michigan

Administrative Code are amended, and R 325.10401a, R 325.10408a, and R 325.10408b are added to the Code as follows:

PART 4. PUBLIC NOTIFICATION AND PUBLIC EDUCATION

R 325.10401 Purpose.

Rule 401. The purpose of this part is to prescribe requirements of suppliers of water to provide public notification to persons served by a public water system when the public water system is not in compliance with a state drinking water standard, a monitoring requirement, or the requirements of a compliance schedule prescribed by a variance or exemption or while a variance or exemption is in effect. This part also prescribes requirements for public education when a community or nontransient noncommunity water system exceeds the lead action level based on tap water samples collected under R 325.10710a. This part also prescribes requirements for consumer confidence reports (CCR) and annual water quality reports.

R 325.10401a General public notification requirements.

Rule 401a. (1) Each supplier of a community water system, nontransient noncommunity water system, or transient noncommunity water system shall give notice for violations of the maximum contaminant level (MCL), maximum residual disinfection level (MRDL), treatment technique (TT), monitoring requirements, testing procedures in these rules, and for other situations, as listed in the following provisions:

(a) Violations and other situations requiring public notice, including all of the following:

(i) Failure to comply with an applicable maximum contaminant level (MCL) or maximum residual disinfectant level (MRDL).

(ii) Failure to comply with a prescribed treatment technique (TT).

(iii) Failure to perform water quality monitoring, as required by part 7 of these rules.

(iv) Failure to comply with testing procedures as prescribed by part 6 of these rules.

(b) Variance and exemptions under part 3 of these rules, including both of the following:

(i) Operation under a variance or an exemption.

(ii) Failure to comply with the requirements of a schedule that has been set under a variance or exemption.

(i) Occurrence of a waterborne disease outbreak or other waterborne emergency.

(ii) Exceedance of the nitrate MCL by noncommunity water systems, where granted permission by the department.

(iii) Fluoride level above 2 mg/l as specified in R 325.10408a.

(iv) Availability of unregulated contaminant monitoring data.

(v) Other violations and situations which are determined by the department to require a public notice under this part and which are not already listed in table 1 of this rule.

The tier assignment for each specific violation or situation requiring a public notice is identified in table 1 of this rule.

(2) Public notice requirements are divided into 3 tiers to take into account the seriousness of the violation or situation and of the potential adverse health effects that may be involved. The public notice requirements for each violation or situation listed in subrule (1) of this rule are determined by the tier to which the violation or situation is assigned. The definition of each tier is provided in the following provisions:

(a) Tier 1 public notice is required for violations and situations that have significant potential to have serious adverse effects on human health as a result of short-term exposure.

(b) Tier 2 public notice is required for all other violations and situations that have potential to have serious adverse effects on human health.

(c) Tier 3 public notice is required for all other violations and situations not included in tier 1 and tier 2. The tier assignment for each specific violation or situation is identified in table 1 of this rule.

(3) Suppliers shall provide public notice to the following:

(a) Each supplier shall provide public notice to persons served by the system as specified in this part. Suppliers that sell or otherwise provide drinking water to other public water systems, such as to consecutive systems, shall give public notice to the supplier of the consecutive system. The consecutive system shall provide public notice to the persons it serves.

(b) If a public water system has a violation in a portion of the distribution system that is physically or hydraulically isolated from other parts of the distribution system, the department will grant permission, which shall be in writing, to the supplier to limit distribution of the public notice to only persons served by that portion of the system which is out of compliance. To be physically separated, the supplier shall show that the affected portion of the distribution system is separated from other parts of the distribution system with no interconnections. To be considered hydraulically separated, the supplier shall show that the design of the distribution system or the system operation, or both, created a situation where water in the affected portion is effectively isolated from the water in all other parts of the distribution system because of projected water flow patterns and water pressure zones.

(4) The supplier, within 10 days of completing the public notification requirements under this part for the initial public notice and applicable repeat notices, shall submit to the department a certification that it fully complied with the public notification regulations. The supplier shall include with this certification a representative copy of each type of notice distributed, published, posted, and made available to the persons served by the system and to the media.

Table 1 Violations and other situations requiring public notice

Contaminant	MCL/MRDL/TT violations 1		Monitoring & testing procedure violations
Contaminant	Tier of public notice required	Citation	Tier of public notice required	Citation
I. Violations of MCL, MRDL, treatment technique, monitoring and reporting, and testing procedure requirements:
A. Microbiological contaminants
Total coliform	2	R 325.10602(a) and (b)	3	R 325.10705, R 325.10707, R 325.10707a, R 325.10702(2), R 325.10707b(2)
Fecal coliform/E. coli	1	R 325.10602(c)	1, 3 2	R 325.10707b(2)
Turbidity (for TT violations resulting from a single exceedance of maximum allowable turbidity level)	2, 1 3	R 325.10611b	3	R 325.10605, R 325.10720(2)(a) and (b)
Violations, other than violations resulting from single exceedance of max. allowable turbidity level (TT)	2	R 325.10611, R 325.10611a, and R 325.10611b	3	R 325.10605 R 325.10720(2)(c) and (d)
B. Inorganic chemicals (IOCs)
Antimony	2	R 325.10604c(1)	3	R 325.10710(4)-(5)
Arsenic	2	R 325.10604c(1)	3	R 325.10710(4)-(5) R 325.605
Asbestos (fibers longer than 10 µm)	2	R 325.10604c(1)	3	R 325.10710(4), (6)
Barium	2	R 325.10604c(1)	3	R 325.10710(4)-(5)
Beryllium	2	R 325.10604c(1)	3	R 325.10710(4)-(5)
Cadmium	2	R 325.10604c(1)	3	R 325.10710(4)-(5)
Chromium (total)	2	R 325.10604c(1)	3	R 325.10710(4)-(5)
Cyanide (free)	2	R 325.10604c(1)	3	R 325.10710(4)-(5)
Fluoride	2	R 325.10604c(1)	3	R 325.10710(4)-(5)
Mercury (inorganic)	2	R 325.10604c(1)	3	R 325.10710(4)-(5)
Nitrate (as nitrogen)	1	R 325.10604c(1)	1, 3 4	R 325.10710(3)- (4), (7), (9)(b)
Nitrite (as nitrogen)	1	R 325.10604c(1)	1, 3 4	R 325.10710(3)- (4), (8), (9)(b)
Total nitrate and nitrite (as nitrogen)	1	R 325.10604c(1)	3	R 325.10710(4)
Selenium	2	R 325.10604c(1)	3	R 325.10710(4)-(5)

Contaminant	MCL/MRDL/TT violations 1		Monitoring & testing procedure violations
Contaminant	Tier of public notice required	Citation	Tier of public notice required	Citation
Thallium	2	R 325.10604c(1)	3	R 325.10710(4)-(5)
C. Lead and copper rule (action level for lead is 0.015 mg/l, for copper is 1.3 mg/l)
Lead and copper rule (TT)	2	R 325.10604f(1) – (5) and R 325.10410	3	R 325.10710a – R 325.10710c and R 325.10605
D. Synthetic organic chemicals (SOCS)
2,4-D	2	R 325.10604d(1)	3	R 325.10717
2,4,5-TP (silvex)	2	R 325.10604d(1)	3	R 325.10717
Alachlor	2	R 325.10604d(1)	3	R 325.10717
Atrazine	2	R 325.10604d(1)	3	R 325.10717
Benzo(a)pyrene (PAHs)	2	R 325.10604d(1)	3	R 325.10717
Carbofuran	2	R 325.10604d(1)	3	R 325.10717
Chlordane	2	R 325.10604d(1)	3	R 325.10717
Dalapon	2	R 325.10604d(1)	3	R 325.10717
Di (2-ethylhexyl) adipate	2	R 325.10604d(1)	3	R 325.10717
Di (2-ethylhexyl) phthalate	2	R 325.10604d(1)	3	R 325.10717
Dibromochloropropane	2	R 325.10604d(1)	3	R 325.10717
Dinoseb	2	R 325.10604d(1)	3	R 325.10717
Dioxin (2,3,7,8- TCDD)	2	R 325.10604d(1)	3	R 325.10717
Diquat	2	R 325.10604d(1)	3	R 325.10717
Endothall	2	R 325.10604d(1)	3	R 325.10717
Endrin	2	R 325.10604d(1)	3	R 325.10717
Ethylene dibromide	2	R 325.10604d(1)	3	R 325.10717
Glyphosate	2	R 325.10604d(1)	3	R 325.10717
Heptachlor	2	R 325.10604d(1)	3	R 325.10717
Heptachlor epoxide	2	R 325.10604d(1)	3	R 325.10717
Hexachlorobenzene	2	R 325.10604d(1)	3	R 325.10717
Hexachlorocyclo- pentadiene	2	R 325.10604d(1)	3	R 325.10717
Lindane	2	R 325.10604d(1)	3	R 325.10717
Methoxychlor	2	R 325.10604d(1)	3	R 325.10717
Oxamyl (vydate)	2	R 325.10604d(1)	3	R 325.10717
Pentachlorophenol	2	R 325.10604d(1)	3	R 325.10717
Picloram	2	R 325.10604d(1)	3	R 325.10717
Polychlorinated biphenyls [PCBs]	2	R 325.10604d(1)	3	R 325.10717
Simazine	2	R 325.10604d(1)	3	R 325.10717

Contaminant	MCL/MRDL/TT violations 1		Monitoring & testing procedure violations
Contaminant	Tier of public notice required	Citation	Tier of public notice required	Citation
Toxaphene	2	R 325.10604d(1)	3	R 325.10717
E. Volatile organic chemicals (VOCs)
Benzene	2	R 325.10604b(1)	3	R 32510716
Carbon tetrachloride	2	R 325.10604b(1)	3	R 32510716
Chlorobenzene (monochloro-benzene)	2	R 325.10604b(1)	3	R 32510716
O-dichlorobenzene	2	R 325.10604b(1)	3	R 32510716
P-dichlorobenzene	2	R 325.10604b(1)	3	R 32510716
1,2-dichloroethane	2	R 325.10604b(1)	3	R 32510716
1,1-dichloroethylene	2	R 325.10604b(1)	3	R 32510716
Cis-1,2- dichloroethylene	2	R 325.10604b(1)	3	R 32510716
Trans-1,2- dichloroethylene	2	R 325.10604b(1)	3	R 32510716
Dichloromethane	2	R 325.10604b(1)	3	R 32510716
1,2-dichloropropane	2	R 325.10604b(1)	3	R 32510716
Ethylbenzene	2	R 325.10604b(1)	3	R 32510716
Styrene	2	R 325.10604b(1)	3	R 32510716
Tetrachloro-ethylene	2	R 325.10604b(1)	3	R 32510716
Toluene	2	R 325.10604b(1)	3	R 32510716
1,2,4-trichlorobenzene	2	R 325.10604b(1)	3	R 32510716
1,1,1-trichloroethane	2	R 325.10604b(1)	3	R 32510716
1,1,2-trichloroethane	2	R 325.10604b(1)	3	R 32510716
Trichloroethylene	2	R 325.10604b(1)	3	R 32510716
Vinyl chloride	2	R 325.10604b(1)	3	R 32510716
Xylenes (total)	2	R 325.10604b(1)	3	R 32510716
F. Radioactive contaminants
Beta/photon emitters	2	R 325.10604	3	R 325.10605, R 325.10726, R 325.10728, R 325.10729
Alpha emitters (gross alpha)	2	R 325.10603(b)	3	R 325.10605, R 325.10722, R 325.10725
Combined radium (226 & 228)	2	R 325.10603(a)	3	R 325.10605, R 325.10722, R 325.10725

Contaminant	MCL/MRDL/TT violations 1		Monitoring & testing procedure violations
Contaminant	Tier of public notice required	Citation	Tier of public notice required	Citation
G. Disinfection byproducts (DBPs), 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).5
Total trihalomethanes [TTHMs]	2	R 325.10610 6 R 325.10610b(2)(a)	3	R 325.10719a – R 325.10719e(1) and (2)(a)
Haloacetic acids (HAAs)	2	R 325.10610 R 325.10610b(2)(a)	3	R 325.10719e(1) and (2)(a)
Bromate	2	R 325.10610 R 325.10610b(2)(b)	3	R 325.10719e(1) and (2)(c)
Chloramine (MRDL)	2	R 325.10610a R 325.10610b(3)(a)	3	R 325.10719e(1) and (3)
Chlorine (MRDL)	2	R 325.10610a R 325.10610b(3)(a)	3	R 325.10719e(1) and (3)
Chlorite	2	R 325.10610 R 325.10610b(2)(c)	3	R 325.10719e(1) and (2)(b)
Chlorine dioxide (MRDL), where any 2 consecutive daily samples at entrance to distribution system only are above MRDL	2	R 325.10610a R 325.10610b(3)(b) (ii)	2 7, 3	R 325.10719e(1), (3)(b)(i) and (iii)
Chlorine dioxide (MRDL), where sample(s) in distribution system the next day are also above MRDL	1 8	R 325.10610a R 325.10610b(3)(b) (i)	1	R 325.10719e(1), (3)(b)(ii) and (iii)
Control of DBP precursors—TOC (TT)	2	R 325.10610b(4) R 325.10610c	3	R 325.10719e(1) and (4)
Development of monitoring plan	N/A	N/A	3	R 325.10719e(5)
H. Other treatment techniques
Acrylamide (TT)	2	R 325.10604e	N/A	N/A
Epichlorohydrin (TT)	2	R 325.10604e	N/A	N/A
II. Other monitoring:
Unregulated contaminants	N/A	N/A	3	R 325.10717b

Contaminant	MCL/MRDL/TT violations 1		Monitoring & testing procedure violations
Contaminant	Tier of public notice required	Citation	Tier of public notice required	Citation
Nickel	N/A	N/A	3	R 325.10710(4), (5), and (9)
III. Public notification for variances and exemptions:
Operation under a variance or exemption	3	R 325.10302 and R 325.10312	N/A	N/A
Violation of conditions of a variance or exemption	2	R 325.10302 and R 325.10312	N/A	N/A
IV. Other situations requiring public notification:
Fluoride level above 2 mg/l	3	R 325.10408a(1)	N/A	N/A
Exceedance of nitrate MCL for noncommunity systems, as allowed by the department	1	R 325.10604c(6)	N/A	N/A
Availability of unregulated contaminant monitoring data	3	R 325.10407	N/A	N/A
Waterborne disease outbreak	1	R 325.10734(4)	N/A	N/A
Other waterborne emergencies and other situations as determined by the department	1 OR 2 OR 3 9	N/A	N/A	N/A

1 MCL - Maximum contaminant level, MRDL - maximum residual disinfectant level, TT - treatment technique.

2 Failure to test for fecal coliform or E. coli is a tier 1 violation if testing is not done after any repeat sample tests positive for coliform. All other total coliform monitoring and testing procedure violations are tier 3.

3 Systems with treatment technique violations involving a single exceedance of a maximum turbidity limit under R 325.10611b(1) are required to initiate consultation with the department within 24 hours after learning of the violation. Based on this consultation, the department may subsequently decide to elevate the violation to tier 1. If a system is unable to make contact with the department in the 24-hour period, the violation is automatically elevated to tier 1.

4 Failure to take a confirmation sample within 24 hours for nitrate or nitrite after an initial sample exceeds the MCL is a tier 1 violation. Other monitoring violations for nitrate are tier 3.

5 See R 325.10610, R 325.10610a, and R 325.10719e for disinfection byproduct MCLs, disinfectant MRDLs, and related monitoring requirements.

6 There are different MRDLs for TTHMs for different types of systems. See the footnote in R 325.10610(1) for the MRDLs and effective dates.

7 Failure to monitor for chlorine dioxide at the entrance to the distribution system the day after exceeding the MRDL at the entrance to the distribution system is a tier 2 violation.

8 If any daily sample taken at the entrance to the distribution system exceeds the MRDL for chlorine dioxide and 1 or more samples taken in the distribution system the next day exceed the MRDL, tier 1 notification is required. Failure to take the required samples in the distribution system after the MRDL is exceeded at the entry point also triggers tier 1 notification.

9 Waterborne emergencies require a tier 1 public notice. The department may place other situations in any tier it believes appropriate, based on threat to public health.

R 325.10402 Tier 1 public notice; form, manner, and frequency of notice.

Rule 402. (1) A tier 1 public notice is required for all of the following violations and situations:

(a) Violation of the MCL for total coliforms when fecal coliform or E. coli are present in the water distribution system as specified in R 325.10602, or when the supplier fails to test for fecal coliforms or

E. coli when a repeat sample tests positive for coliform as specified in R 325.10707.

(b) Violation of the MCL for nitrate, nitrite, or total nitrate and nitrite, as defined in R 325.10604c, or when the supplier fails to take a confirmation sample within 24 hours of the supplier’s receipt of the first sample result showing an exceedance of the nitrate or nitrite MCL, as specified in R 325.10710(9)(b).

(c) Exceedance of the nitrate MCL by noncommunity water systems, where permitted to exceed the MCL by the department, as required under R 325.10408b.

(d) Violation of the MRDL for chlorine dioxide, as defined in R 325.10610a(1), when 1 or more samples taken in the distribution system the day following an exceedance of the MRDL at the entrance of the distribution system exceed the MRDL, or when the supplier does not take the required samples in the distribution system, as specified in R 325.10610b(3)(b).

(e) Violation of the treatment technique requirement resulting from a single exceedance of the maximum allowable turbidity limit under R 325.10611b(1) as identified in table 1 of R 325.10401a, where the department determines after consultation that a tier 1 notice is required or where consultation does not take place within 24 hours after the supplier learns of the violation.

(f) Occurrence of a waterborne disease outbreak or other waterborne emergency, such as a 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.

(g) Other violations or situations with significant potential to have serious adverse effects on human health as a result of short-term exposure, as determined by the department either in these rules or on a case-by-case basis.

The tier assignment for each specific violation or situation is listed in table 1 of R 325.10401a.

(2) A tier 1 public notice shall be provided pursuant to all the following provisions:

(a) Suppliers shall provide the public notice as soon as practical but not later than 24 hours after the supplier learns of the violation or situation.

(b) The supplier shall initiate consultation with the department as soon as practical, but not later than 24 hours after the supplier learns of the violation or situation, to determine additional public notice requirements.

(c) The supplier shall comply with additional public notification requirements, including repeat notices or direction on the duration of the posted notices, established as a result of consultation with the department. These additional requirements may include the timing, form, manner, frequency, and content of applicable repeat notices, and other actions designed to reach all persons served.

(3) Suppliers shall provide the notice within 24 hours in a form and manner reasonably calculated to reach all persons served. The form and manner used by the supplier are to fit the specific situation, but shall be designed to reach residential, transient, and nontransient users of the system. In order to reach all persons served, suppliers shall use, at a minimum, 1 or more of the following forms of delivery:

(a) Appropriate broadcast media, such as radio and television.

(b) Posting of the notice in conspicuous locations throughout the area served by the system.

(d) Another delivery method approved, in writing, by the department.

R 325.10403 Tier 2 public notice; form, manner, and frequency of notice.

Rule 403. (1) A tier 2 public notice is required for all of the following violations and situations:

(a) All violations of the MCL, MRDL, and treatment technique requirements, except where a tier 1 notice is required under R 325.10402(1) or where the department determines that a tier 1 notice is required.

(b) Violations of the monitoring and testing procedure requirements, where the department determines that a tier 2 rather than a tier 3 public notice is required, taking into account potential health impacts and persistence of the violation.

The tier assignment for each specific violation or situation is listed in table 1 of R 325.10401a.

(2) A tier 2 public notice shall be provided pursuant to all the following provisions:

(a) Suppliers shall provide the public notice as soon as practical, but not later than 30 days after the supplier learns of the violation or situation. If the public notice is posted, the notice shall remain in place for as long as the violation or situation exists, but not for less than 7 days, even if the violation or situation is resolved. The department may, on a case-by-case basis, allow additional time for the initial notice of up to 3 months from the date the supplier learns of the violation or situation. Circumstances that may warrant an extension include, but are not limited to, coordination with billing cycles for mailing purposes and violations that were quickly resolved and no longer pose any risk to persons served. The department shall not grant an extension to the 30-day deadline for an unresolved violation posing potential risk from short-term exposure. Extensions granted by the department shall be in writing.

(b) The supplier shall repeat the notice every 3 months as long as the violation or situation exists, unless the department determines that appropriate circumstances warrant a different repeat notice frequency. The repeat notice shall not be given less frequently than once per year. The department shall not allow less frequent repeat notice for an MCL violation of total coliform under R 325.10602 or a treatment technique violation of filtration or disinfection under R 325.10611, R 325.10611a, or R 325.10611b. The department may, on a case-by-case basis, reduce the repeat notice frequency for other ongoing violations requiring a tier 2 repeat notice. Circumstances that may warrant a reduction in frequency include, but are not limited to, coordination with billing cycles for mailing purposes and consolidating

notices for violations and situations occurring within a given year into an annual notice to provide for more effective communication with the consumer. Department determinations allowing repeat notices to be given less frequently than once every 3 months shall be in writing.

(c) For the turbidity violations specified in this subdivision, suppliers shall consult with the department as soon as practical but not later than 24 hours after the supplier learns of the violation, to determine whether a tier 1 public notice under R 325.10402(1) is required to protect public health. When consultation does not take place within the 24-hour period, the supplier shall distribute a tier 1 notice of the violation within the next 24 hours, which shall be not more than 48 hours after the supplier learns of the violation, and shall follow the requirements under R 325.10402(2) and (3). Consultation with the department is required for violations of the treatment technique requirement under R 325.10611 resulting from a single exceedance of the maximum allowable turbidity limit under R 325.611b.

(3) Suppliers shall provide the initial tier 2 public notice and applicable repeat notices in a form and manner that is reasonably calculated to reach persons served in the required time period. The form and manner of the public notice may vary based on the specific situation and type of system, but it shall, at a minimum, meet all of the following requirements:

(a) Unless directed otherwise by the department, in writing, suppliers of community water systems shall provide notice by using both of the following forms of delivery:

(i) Mail or other direct delivery to each customer receiving a bill and to other service connections to which water is delivered by the supplier.

(ii) Other methods reasonably calculated to reach other persons regularly served by the system, if they would not normally be reached by the notice required in paragraph (i) of this subdivision. Other persons served may include those who do not pay water bills or do not have service connection addresses, such as house renters, apartment dwellers, university students, nursing home patients, and prison inmates. Other methods may include any of the following:

(A) Publication in a local newspaper.

(B) Delivery of multiple copies for distribution by customers that provide their drinking water to others, such as apartment building owners or large private employers.

(D) Delivery to community organizations.

(b) Unless directed otherwise by the department, in writing, suppliers of noncommunity water systems shall use both of the following forms of delivery:

(i) Posting the notice in conspicuous locations throughout the distribution system frequented by persons served by the system, or mailing or directly delivering to each customer and service connection, where known.

(ii) Other methods reasonably calculated to reach other persons served by the system if they would not normally be reached by the notice required in paragraph (i) of this subdivision. Other persons served may include those who may not see a posted notice because the notice is not in a location they routinely pass by. Other methods may include any of the following:

(A) Publication in a local newspaper or newsletter distributed to customers.

(B) Use of e-mail to notify employees or students.

R 325.10404 Tier 3 public notice; form, manner, and frequency of notice.

Rule 404. (1) A tier 3 public notice is required for all of the following violations and situations listed in this subrule:

(a) Monitoring violations under part 7 of these rules, except where a tier 1 notice is required under R 325.10402(1) or where the department determines that a tier 2 notice is required.

(b) Failure to comply with a testing procedure established in part 6 of these rules, except where a tier 1 notice is required under R 325.10402(1) or where the department determines that a tier 2 notice is required.

(c) Operation under a variance or exemption granted under section 20 of the safe drinking water act, 1976 PA 399, MCL 325.1001 et seq. and part 3 of these rules.

(d) Availability of unregulated contaminant monitoring results, as required under R 325.10407.

(e) Fluoride level above 2 mg/l as specified in R 325.10408a.

The tier assignment for each specific violation or situation is listed in table 1 of R 325.10401a.

(2) A tier 3 public notice shall be provided pursuant to all the following provisions:

(a) Suppliers shall provide the public notice not later than 1 year after the supplier learns of the violation or situation or begins operating under a variance or exemption. Following the initial notice, the supplier shall repeat the notice annually for as long as the violation, variance, exemption, or other situation exists. If the public notice is posted, the notice shall remain in place for as long as the violation, variance, exemption, or other situation exists, but for not less than 7 days, even if the violation or situation is resolved.

(b) Instead of individual tier 3 public notices, a supplier may use an annual report detailing all violations and situations that occurred during the previous 12 months, as long as the timing requirements of subdivision (a) of this subrule are met.

(3) Suppliers shall provide the initial tier 3 public notice and applicable repeat notices in a form and manner that is reasonably calculated to reach persons served in the required time period. The form and manner of the public notice may vary based on the specific situation and type of system, but it shall, at a minimum, meet all of the following requirements:

(a) Unless directed otherwise by the department, in writing, suppliers of community water systems shall provide notice by using both of the following forms of delivery:

(i) Mail or other direct delivery to each customer receiving a bill and to other service connections to which water is delivered by the supplier.

(A) Publication in a local newspaper.

(B) Delivery of multiple copies for distribution by customers that provide their drinking water to others, such as apartment building owners or large private employers.

(D) Delivery to community organizations.

(b) Unless directed otherwise by the department, in writing, suppliers of noncommunity water systems shall provide notice by using both of the following forms of delivery:

(i) Posting the notice in conspicuous locations throughout the distribution system frequented by persons served by the system or mailing or directly delivering to each customer and service connection, where known.

(A) Publication in a local newspaper or newsletter distributed to customers.

(B) Use of e-mail to notify employees or students.

(4) For community water systems, the consumer confidence report (CCR) required under R 325.10411 to R 325.10415 may be used as a vehicle for the initial tier 3 public notice and all required repeat notices, if all of the following requirements are satisfied:

(a) The CCR is provided to persons served not later than 12 months after the supplier learns of the violation or situation as required under subrule (2) of this rule.

(b) The tier 3 notice contained in the CCR follows the content requirements under R 325.10405.

R 325.10405 Content of the public notice.

Rule 405. (1) When a system has a violation or situation requiring public notification, each public notice shall include all of the following elements:

(a) A description of the violation or situation, including the contaminant or contaminants of concern, and, as applicable, the contaminant level or levels.

(b) When the violation or situation occurred.

(c) The potential adverse health effects from the violation or situation, including the standard language under subrule (4)(a) or (4)(b) of this rule, whichever is applicable.

(d) The population at risk, including subpopulations particularly vulnerable if exposed to the contaminant in their drinking water.

(e) Whether alternative water supplies should be used.

(f) What actions consumers should take, including when they should seek medical help, if known.

(g) What the supplier is doing to correct the violation or situation.

(h) When the supplier expects to return to compliance or resolve the situation.

(i) The name, business address, and phone number of the supplier or designee of the supplier as a source of additional information concerning the notice.

(j) A statement to encourage the notice recipient to distribute the public notice to other persons served, using the standard language under subrule (4)(c) of this rule, where applicable.

(2) All of the following elements shall be included in the public notice for public water systems operating under a variance or exemption:

(a) If a public water system has been granted a variance or an exemption, the public notice shall contain all of the following elements:

(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 schedules of the variance or exemption.

(iv) A notice of opportunities for public input in the review of the variance or exemption.

(b) If a public water system violates the conditions of a variance or exemption, the public notice shall contain the 10 elements listed in subrule (1) of this rule.

(3) The public notice shall be presented as specified in this subrule.

(a) Each public notice required by this part shall meet all of the following criteria:

(i) Shall be displayed in a conspicuous way when printed or posted.

(ii) Shall not contain overly technical language or very small print.

(iii) Shall not be formatted in a way that defeats the purpose of the notice.

(iv) Shall not contain language which nullifies the purpose of the notice.

(b) In communities where more than 10% of the consumers are non-English speaking consumers, the public notice shall contain information in the appropriate language or languages regarding the importance of the notice or contain a telephone number or address where persons served may contact the supplier to obtain a translated copy of the notice or to request assistance in the appropriate language.

(4) Suppliers shall include the following standard language in their public notice:

(a) Suppliers shall include in each public notice the health effects language specified in table 1 of this rule corresponding to each MCL, MRDL, and treatment technique violation listed in table 1 of R 325.10401a, and for each violation of a condition of a variance or exemption.

(b) Suppliers shall include the following language in their notice, including the language necessary to fill in the blanks, for all monitoring and testing procedure violations listed in table 1 of R 325.10401a: "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 or contaminants], and therefore cannot be sure of the quality of your drinking water during that time."

(c) Suppliers shall include in their notice the following language, where applicable, to encourage the distribution of the public notice to all persons served:

"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."

Table 1 Regulated contaminants

Key

AL=Action level

mrem/year=Millirems per year (a measure of radiation absorbed by the body)

ppb=Parts per billion, or micrograms per liter (µg/l)

ppt=Parts per trillion,

MCL=Maximum contaminant level N/A=Not applicable

or nanograms per liter ppq=Parts per

MCLG=Maximum contaminant level

goal

mfl=Million fibers per liter

ntu=Nephelometric turbidity units (a measure

of water clarity)

pci/l=Picocuries per liter (a measure of radioactivity)

quadrillion, or

picograms per liter TT=Treatment technique

MRDL=Maximum residual disinfectant ppm=Parts per million, or milligrams per liter

level

MRDLG=Maximum residual disinfectant level goal

(mg/l)

Contaminant in CCR units

Traditional MCL in mg/l

To convert for CCR, multiply by

MCL

in CCR

units

MCLG

in CCR units

Major sources in drinking water

Health effects language

Microbiological contaminants

Total coliform bacteria

MCL: For water systems analyzing 40 or more samples per month, not more than 5.0% of the monthly samples may be positive for total coliform. For systems analyzing fewer than 40 samples per month, not more than 1 sample per month may be positive for total coliform.

zero

Naturally present in the environment

Coliforms are bacteria that are naturally present in the environment and are used as an indicator that other, potentially-harmful, bacteria may be present. Coliforms were found in more samples than allowed and this was a warning of potential problems.

Contaminant in CCR units

Traditional MCL in mg/l

To convert for CCR, multiply by

MCL

in CCR

units

MCLG

in CCR units

Major sources in drinking water

Health effects language

Fecal coliform and

E. coli

zero

No conversion necessary

zero

Human and animal fecal waste

Fecal coliforms and E. coli are bacteria whose presence indicates that the water may be contaminated with human or animal wastes.

Microbes in these wastes can cause short-term 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.

Turbidity (ntu)

TT*

No conversion necessary

TT*

N/A

Soil runoff

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.

* R 325.10611b sets turbidity standards for different types of systems.

Other microbiological contaminants

Giardia lamblia, viruses, heterotrophic plate count (HPC) bacteria, legionella, cryptosporidium

TT*

No conversion necessary

TT*

zero

Naturally present in the environment

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.

* The treatment technique violations that involve turbidity exceedances may use health effects language for turbidity instead.

INORGANIC CONTAMINANTS

Contaminant in CCR units

Traditional MCL in mg/l

To convert for CCR, multiply by

MCL

in CCR

units

MCLG

in CCR units

Major sources in drinking water

Health effects language

Antimony (ppb)

0.006

1000

Discharge from petroleum refineries; fire retardants; ceramics; electronics; solder

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 (ppb)

0.05

1000

N/A

Erosion of natural deposits; runoff from orchards; runoff from glass and electronics production wastes

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 [fibers longer than 10 µm] (mfl)

7 mfl

No conversion necessary

Decay of asbestos cement water mains; erosion of natural deposits

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 (ppm)

No conversion necessary

Discharge of drilling wastes; discharge from metal refineries; erosion of natural deposits

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

Beryllium (ppb)

0.004

1000

Discharge from metal refineries and coal-burning factories; discharge from electrical, aerospace, and defense industries

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

Contaminant in CCR units

Traditional MCL in mg/l

To convert for CCR, multiply by

MCL

in CCR

units

MCLG

in CCR units

Major sources in drinking water

Health effects language

Cadmium (ppb)

0.005

1000

Corrosion of galvanized pipes; erosion of natural deposits; discharge from metal refineries; runoff from waste batteries and paints

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

Chromium [total] (ppb)

0.1

1000

100

Discharge from steel and pulp mills; erosion of natural deposits

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

Cyanide [free] (ppb)

0.2

1000

200

Discharge from steel/metal factories; discharge from plastic and fertilizer factories

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 (ppm)

No conversion necessary

Erosion of natural deposits; water additive that promotes strong teeth; discharge from fertilizer and aluminum factories

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 9 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.

Contaminant in CCR units

Traditional MCL in mg/l

To convert for CCR, multiply by

MCL

in CCR

units

MCLG

in CCR units

Major sources in drinking water

Health effects language

Mercury [inorganic] (ppb)

0.002

1000

Erosion of natural deposits; discharge from refineries and factories; runoff from landfills; runoff from cropland

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

Nitrate

[as nitrogen] (ppm)

No conversion necessary

Runoff from fertilizer use; leaching from septic tanks, sewage; erosion of natural deposits

Infants below the age of 6 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

[as nitrogen] (ppm)

No conversion necessary

Runoff from fertilizer use; leaching from septic tanks, sewage; erosion of natural deposits

Infants below the age of 6 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

[as nitrogen] (ppm)

No conversion necessary

Runoff from fertilizer use; leaching from septic tanks, sewage; erosion of natural deposits

Infants below the age of 6 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 (ppb)

0.05

1000

Discharge from petroleum and metal refineries; erosion of natural deposits; discharge from mines

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.

Contaminant in CCR units

Traditional MCL in mg/l

To convert for CCR, multiply by

MCL

in CCR

units

MCLG

in CCR units

Major sources in drinking water

Health effects language

Thallium (ppb)

0.002

1000

0.5

Leaching from ore- processing sites; discharge from electronics, glass, and drug factories

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 rule

Lead (ppb)

AL=0.015

1000

AL=15 (TT)

zero

Corrosion of household plumbing systems; erosion of natural deposits

Infants and children who drink water containing lead in excess of the action level 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.

Copper (ppm)

AL=1.3

No conversion necessary

AL=1. 3

(TT)

1.3

Corrosion of household plumbing systems; erosion of natural deposits

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 contaminants including pesticides and herbicides

2,4-D (ppb)

0.07

1000

Runoff from herbicide used on row crops

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] (ppb)

0.05

1000

Residue of banned herbicide

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

Contaminant in CCR units

Traditional MCL in mg/l

To convert for CCR, multiply by

MCL

in CCR

units

MCLG

in CCR units

Major sources in drinking water

Health effects language

Alachlor (ppb)

0.002

1000

zero

Runoff from herbicide used on row crops

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 (ppb)

0.003

1000

Runoff from herbicide used on row crops

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] (ppt)

0.0002

1,000,000

200

zero

Leaching from linings of water storage tanks and distribution lines

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 (ppb)

0.04

1000

Leaching of soil fumigant used on rice and alfalfa

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 (ppb)

0.002

1000

zero

Residue of banned termiticide

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 (ppb)

0.2

1000

200

Runoff from herbicide used on rights of way

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 (ppb)

0.4

1000

400

Discharge from chemical factories

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

Contaminant in CCR units

Traditional MCL in mg/l

To convert for CCR, multiply by

MCL

in CCR

units

MCLG

in CCR units

Major sources in drinking water

Health effects language

Di(2-ethylhexyl) phthalate (ppb)

0.006

1000

zero

Discharge from rubber and chemical factories

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.

Dibromochloroprop ane [DBCP] (ppt)

0.0002

1,000,000

200

zero

Runoff/leaching from soil fumigant used on soybeans, cotton, pineapples, and orchards

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 (ppb)

0.007

1000

Runoff from herbicide used on soybeans and vegetables

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] (ppq)

0.00000003

1,000,000,000

zero

Emissions from waste incineration and other combustion; discharge from chemical factories

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 (ppb)

0.02

1000

Runoff from herbicide use

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

Endothall (ppb)

0.1

1000

100

Runoff from herbicide use

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

Endrin (ppb)

0.002

1000

Residue of banned insecticide

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

Contaminant in CCR units

Traditional MCL in mg/l

To convert for CCR, multiply by

MCL

in CCR

units

MCLG

in CCR units

Major sources in drinking water

Health effects language

Ethylene dibromide (ppt)

0.00005

1,000,000

zero

Discharge from petroleum refineries

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 (ppb)

0.7

1000

700

Runoff from herbicide use

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 (ppt)

0.0004

1,000,000

400

zero

Residue of banned pesticide

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 (ppt)

0.0002

1,000,000

200

zero

Breakdown of heptachlor

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 (ppb)

0.001

1000

zero

Discharge from metal refineries and agricultural chemical factories

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.

Hexachlorocyclope ntadiene (ppb)

0.05

1000

Discharge from chemical factories

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 (ppt)

0.0002

1,000,000

200

Runoff/leaching from insecticide used on cattle, lumber, gardens

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

Contaminant in CCR units

Traditional MCL in mg/l

To convert for CCR, multiply by

MCL

in CCR

units

MCLG

in CCR units

Major sources in drinking water

Health effects language

Methoxychlor (ppb)

0.04

1000

Runoff/leaching from insecticide used on fruits, vegetables, alfalfa, livestock

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

Oxamyl [vydate] (ppb)

0.2

1000

200

Runoff/leaching from insecticide used on apples, potatoes and tomatoes

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

Pentachlorophenol (ppb)

0.001

1000

zero

Discharge from wood preserving factories

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 (ppb)

0.5

1000

500

Herbicide runoff

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

Polychlorinated biphenyls [PCBs] (ppt)

0.0005

1,000,000

500

zero

Runoff from landfills; discharge of waste chemicals

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 (ppb)

0.004

1000

Herbicide runoff

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

Contaminant in CCR units

Traditional MCL in mg/l

To convert for CCR, multiply by

MCL

in CCR

units

MCLG

in CCR units

Major sources in drinking water

Health effects language

Toxaphene (ppb)

0.003

1000

zero

Runoff/leaching from insecticide used on cotton and cattle

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 contaminants

Benzene (ppb)

0.005

1000

zero

Discharge from factories; leaching from gas storage tanks and landfills

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 (ppb)

0.005

1000

zero

Discharge from chemical plants and other industrial activities

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 (ppb)

0.1

1000

100

Discharge from chemical and agricultural chemical factories

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 (ppb)

0.6

1000

600

Discharge from industrial chemical factories

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 (ppb)

0.075

1000

Discharge from industrial chemical factories

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.

Contaminant in CCR units

Traditional MCL in mg/l

To convert for CCR, multiply by

MCL

in CCR

units

MCLG

in CCR units

Major sources in drinking water

Health effects language

1,2-dichloroethane (ppb)

0.005

1000

zero

Discharge from industrial chemical factories

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 (ppb)

0.007

1000

Discharge from industrial chemical factories

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 (ppb)

0.07

1000

Discharge from industrial chemical factories

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 (ppb)

0.1

1000

100

Discharge from industrial chemical factories

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 (ppb)

0.005

1000

zero

Discharge from pharmaceutical and chemical factories

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 (ppb)

0.005

1000

zero

Discharge from industrial chemical factories

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 (ppb)

0.7

1000

700

Discharge from petroleum refineries

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 (ppb)

0.1

1000

100

Discharge from rubber and plastic factories; leaching from landfills

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.

Contaminant in CCR units

Traditional MCL in mg/l

To convert for CCR, multiply by

MCL

in CCR

units

MCLG

in CCR units

Major sources in drinking water

Health effects language

Tetrachloro- ethylene (ppb)

0.005

1000

Zero

Discharge from factories and dry cleaners

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 (ppm)

No conversion necessary

Discharge from petroleum factories

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 (ppb)

0.07

1000

Discharge from textile-finishing factories

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 (ppb)

0.2

1000

200

Discharge from metal degreasing sites and other factories

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 (ppb)

0.005

1000

Discharge from industrial chemical factories

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 (ppb)

0.005

1000

zero

Discharge from metal degreasing sites and other factories

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 (ppb)

0.002

1000

zero

Leaching from PVC piping; discharge from plastics factories

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

Contaminant in CCR units

Traditional MCL in mg/l

To convert for CCR, multiply by

MCL

in CCR

units

MCLG

in CCR units

Major sources in drinking water

Health effects language

Xylenes [total] (ppm)

No conversion necessary

Discharge from petroleum factories; discharge from chemical factories

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

Radioactive contaminants

Beta/photon emitters (mrem/yr)

No conversion necessary

zero

Decay of natural and man-made deposits

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

Alpha emitters [gross alpha] (pci/l)

No conversion necessary

zero

Erosion of natural deposits

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 (pci/l)

No conversion necessary

zero

Erosion of natural deposits

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.

Disinfection byproducts (DBPs), byproduct precursors, and 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). See R 325.10610, R 325.10610a, and R 325.10719e for disinfection byproduct MCLs, disinfectant MRDLs, and related monitoring requirements.

Total trihalomethanes [TTHMs] (ppb)

0.10/

0.080*

1000

100/80

N/A

By-product of drinking water chlorination

Some people who drink water containing trihalomethanes in excess of the MCL over many years may experience problems with

Contaminant in CCR units

Traditional MCL in mg/l

To convert for CCR, multiply by

MCL

in CCR

units

MCLG

in CCR units

Major sources in drinking water

Health effects language

* The MCL for total trihalomethanes is the sum of the concentrations of the individual trihalomethanes. Different MCLs for TTHMs apply to different types of systems. See the footnote in R 325.10610(1).

their liver, kidneys, or central nervous system, and may have an increased risk of getting cancer.

Haloacetic acids (HAAs) (ppb)

0.060*

1000

60*

N/A

By-product of drinking water disinfection

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

* The MCL for haloacetic acids is the sum of the concentrations of the individual haloacetic acids.

Bromate (ppb)

0.010

1000

zero

By-product of drinking water chlorination

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

Chloramines (ppm)

MRDL = 4

No conversion necessary

MRDL

= 4

MRDL G

= 4

Water additive used to control microbes

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 (ppm)

MRDL = 4

No conversion necessary

MRDL

= 4

MRDL G

= 4

Water additive used to control microbes

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.

Chlorite (ppm)

No conversion necessary

0.8

By-product of drinking water chlorination

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.

Contaminant in CCR units

Traditional MCL in mg/l

To convert for CCR, multiply by

MCL

in CCR

units

MCLG

in CCR units

Major sources in drinking water

Health effects language

Chlorine dioxide (ppb)

MRDL = 0.8

1000

MRDL

= 800

MRDL G

= 800

Water additive used to control microbes

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 the following only to public notification where any 2 consecutive daily samples taken at the entrance to the distribution system are above the MRDL: "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."

Add the following only to public notification where one or more distribution system samples are above the MRDL: "The chlorine dioxide violations reported today include exceedances of the drinking water 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."

Total organic carbon [TOC - control of DBP precursors] (ppm)

No conversion necessary

None

Naturally present in the environment

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 byproducts 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

Contaminant in CCR units

Traditional MCL in mg/l

To convert for CCR, multiply by

MCL

in CCR

units

MCLG

in CCR units

Major sources in drinking water

Health effects language

Acrylamide

No conversion necessary

zero

Added to water during sewage/ wastewater treatment

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

No conversion necessary

zero

Discharge from industrial chemical factories; an impurity of some water treatment chemicals

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.

R 325.10406 Notice to new billing units or new customers.

Rule 406. (1) Suppliers of community water systems shall give a copy of the most recent public notice for continuing violations, the existence of a variance or exemption, or other ongoing situations requiring a public notice to all new billing units or new customers before or at the time service begins.

(2) Suppliers of noncommunity water systems shall continuously post the public notice in conspicuous locations in order to inform new consumers of continuing violations, variance or exemption, or other situation requiring a public notice for as long as the violation, variance, exemption, or other situation exists.

R 325.10407 Special notice of the availability of unregulated contaminant monitoring results.

Rule 407. (1) The supplier of a community water system or nontransient, noncommunity water system required to monitor under R 325.10717b(1) shall notify persons served by the system of the availability of the results of such sampling not later than 12 months after the monitoring results are known.

(2) The form and manner of the public notice shall follow the requirements for a tier 3 public notice under R 325.10404(3), (4)(a) and (c). The notice shall also identify a person and provide the telephone number to contact for information on the monitoring results.

R 325.10408 Periodic progress reports; correction of violations and notification of customers.

Rule 408. The department may require a supplier of a public water system to submit periodic reports on progress being made to correct a violation of an MCL, order, or a variance or exemption, and to notify the persons served by the system of that progress.

R 325.10408a Special notice when fluoride level is above 2 mg/l.

Rule 408a. (1) Suppliers of community water systems that measure fluoride above 2 mg/l as determined by the last single sample taken under R 325.10710, but do not exceed the maximum contaminant level (MCL) of 4 mg/l for fluoride under R 325.10604c, shall provide the public notice in subrule (3) of this rule to persons served. Public notice shall be provided as soon as practical but not later than that of a tier 3 public notice under R 325.10404(2)(a). A copy of the notice shall also be sent to all new billing units and new customers under R 325.10406(1) and to the local health department. The department may, on a case-by-case basis, in the best interest of health, safety, welfare, and the environment, require an initial notice sooner than 12 months or applicable repeat notices more frequently than annually, or both.

(2) The form and manner of the public notice, including repeat notices, shall follow the requirements for a tier 3 public notice in R 325.10404(3) and (4)(a) and (4)(c).

(3) The notice shall contain the following language, including the language necessary to fill in the blanks:

"This is an alert about your drinking water and a cosmetic dental problem that might affect children under 9 years of age. At low levels, fluoride can help prevent cavities, but children drinking water containing more than 2 milligrams per liter (mg/l) of fluoride may develop cosmetic discoloration of their permanent teeth (dental fluorosis). The drinking water provided by your community water system [name] has a fluoride concentration of [insert value] mg/l.

Dental fluorosis, in its moderate or severe forms, may result in a brown staining and/or pitting of the permanent teeth. This problem occurs only in developing teeth, before they erupt from the gums. Children under 9 should be provided with alternative sources of drinking water or water that has been treated to remove the fluoride to avoid the possibility of staining and pitting of their permanent teeth. You may also want to contact your dentist about proper use by young children of fluoride-containing products. Older children and adults may safely drink the water.

Drinking water containing more than 4 mg/l of fluoride (the U.S. Environmental Protection Agency's drinking water standard) can increase your risk of developing bone disease. Your drinking water does not contain more than 4 mg/l of fluoride, but we’re required to notify you when we discover that the fluoride levels in your drinking water exceed 2 mg/l because of this cosmetic dental problem.

For more information, please call [name of water system contact] of [name of community water system] at [phone number]. Some home water treatment units are also available to remove fluoride from drinking water. To learn more about available home water treatment units, you may call NSF International at 1-877-8-NSF-HELP."

R 325.10408b Special notice for nitrate exceedances above MCL by noncommunity water systems (NCWS), when granted permission by the department.

Rule 408b. (1) The supplier of a noncommunity water system granted permission by the department under R 325.10604c(6) to exceed the nitrate MCL shall provide notice to persons served according to the requirements for a tier 1 notice under R 325.10402(1) and (2).

(2) Noncommunity water systems granted permission by the department to exceed the nitrate mcl under R 325.10604c(6) shall provide continuous posting of the fact that nitrate levels exceed 10 mg/l and the potential health effects of exposure, according to the requirements for tier 1 notice delivery under R 325.10402(3) and the content requirements under R 325.10405.

R 325.10409 Notice by department on behalf of the public water system.

Rule 409. (1) The department may give the notice required by this part on behalf of the supplier of the public water system if the department complies with the requirements of this part and may charge costs incurred by the department to the owner of the public water supply.

(2) The supplier of the public water system shall ensure that the requirements of this part are met.

R 325.10411 Annual consumer confidence reporting; purpose; applicability.

Rule 411. (1) R 325.10411 to R 325.10415 establish the minimum requirements for the content, recordkeeping, and delivery of annual consumer confidence reports that suppliers of community water systems shall prepare and deliver to their customers. These reports shall contain information on the quality of the water delivered by the suppliers and characterize the risks, if any, from exposure to contaminants detected in the drinking water in an accurate and understandable manner.

(2) R 325.10411 to R 325.10415 apply only to community supplies.

(3) For the purpose of R 325.10411 to R 325.10415, "report" means annual consumer confidence report.

(4) For the purpose of R 325.10411 to R 325.10415, "customers" are defined as billing units or service connections to which water is delivered by the supplier of a community water system.

(5) For the purpose of R 325.10411 to R 325.10420, "detected" means at or above the levels prescribed by R 325.10605.

R 325.10412 Annual consumer confidence reporting; effective dates.

Rule 412. (1) The supplier of each existing community water system shall deliver its report by July 1 annually. Each report shall contain data collected during, or before, the previous calendar year.

(2) The supplier of a new community water system shall deliver its first report by July 1 of the year after its first full calendar year in operation and then by July 1 annually.

(3) The supplier of a community water system that sells water to another community water system shall deliver the applicable information required in R 325.10413 to the buyer system by either of the following dates:

(a) April 1 annually.

(b) A date mutually agreed upon by the seller and the purchaser, and specifically included in a contract between the parties.

R 325.10413 Annual consumer confidence reporting; content of reports.

Rule 413. (1) The supplier of each community water system 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 system 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 supplier has received a source water assessment from the department, then the report shall include a brief summary of the system'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 system 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) 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 R 325.10717b(1) known as unregulated contaminants.

(iii) Disinfection by-products or microbial contaminants for which monitoring is required by 40 C.F.R. §§141.142 and 141.143, except as provided under subrule (8)(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 supplier 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 and total coliforms, 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.

(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 pursuant to 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 and the number of sampling sites exceeding the action level.

(vii) For total coliform, 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, 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 supplier's knowledge. Specific information regarding contaminants may be available in sanitary surveys and source water assessments and the supplier shall use the information when it is available. If the supplier 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 system.

(e) If a community water system 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, suppliers 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 supplier to address the violation. The supplier 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.

(8) All of the following information shall be included on Cryptosporidium, radon, and other contaminants:

(a) If the supplier 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 supplier has performed additional monitoring which indicates the presence of other contaminants in the finished water, then the supplier is encouraged to report any results that may indicate a health concern. To determine if results may indicate a health concern, the supplier 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(2) during the year covered by the report.

(9) 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, suppliers 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, suppliers that fail to take one 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, suppliers 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.

(10) For variances and exemptions, if a system 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.

(11) 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 paragraph (i) through (iii) of this subdivision or suppliers 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 system 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 supplier 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 suppliers that may affect the quality of the water; for example, time and place of regularly scheduled board meetings.

(e) The supplier may include such additional information as it determines necessary for public education consistent with, and not detracting from, the purpose of the report.

R 325.10414 Annual consumer confidence reporting; required additional health information.

Rule 414. (1) All reports shall prominently display the following language: "Some people may be more vulnerable to contaminants in drinking water than the general population. Immuno-compromised persons such as persons with cancer undergoing chemotherapy, persons who have undergone organ transplants, people with HIV/AIDS or other immune system disorders, some elderly, and infants can be particularly at risk from infections. These people may seek advice about drinking water from their health care providers. EPA/CDC guidelines on appropriate means to lessen the risk of infection by Cryptosporidium and other microbial contaminants are available from the Safe Drinking Water Hotline (800-426-4791)."

(2) A supply that detects arsenic at levels above 0.005 mg/l and up to and including 0.01 mg/l shall do either of the following:

(a) Include in its report a short informational statement about arsenic, using language, such as, "While your drinking water meets EPA's standard for arsenic, it does contain low levels of arsenic. EPA's standard balances the current understanding of arsenic's possible health effects against the costs of removing arsenic from drinking water. EPA continues to research the health effects of low levels of arsenic, which is a mineral known to cause cancer in humans at high concentrations and is linked to other health effects such as skin damage and circulatory problems."

(b) Write its own educational statement, but only in consultation with the department.

(3) A supply that detects nitrate at levels above 5 mg/l, but below the MCL shall do either of the following:

(a) Include a short informational statement about the impacts of nitrate on children using language, such as, "Nitrate in drinking water at levels above 10 ppm is a health risk for infants of less than six months of age. High nitrate levels in drinking water can cause blue baby syndrome. Nitrate levels may rise quickly for short periods of time because of rainfall or agricultural activity. If you are caring for an infant, you are encouraged to ask advice from your health care provider."

(b) Write its own educational statement, but only in consultation with the department.

(4) Supplies that detect lead above the action level in more than 5%, and up to and including 10%, of homes sampled shall do either of the following:

(a) Include a short informational statement about the special impact of lead on children using language, such as, "Infants and young children are typically more vulnerable to lead in drinking water than the general population. It is possible that lead levels at your home may be higher than at other homes in the community as a result of materials used in your home's plumbing. If you are concerned about elevated lead levels in your home's water, you may wish to have your water tested and flush your tap for 30 seconds to 2 minutes before using tap water. Additional information is available from the Safe Drinking Water Hotline (800-426-4791)."

(b) Write its own educational statement, but only in consultation with the department.

(5) Community water supplies that detect total trihalomethanes above 0.080 mg/l, but below the MCL in R 325.10604a, as an annual average, monitored and calculated under R 325.10719a, R 325.10719b, and R 325.10719c, shall include health effects language prescribed by table 1 of R 325.10405.

(6) Beginning in the report due by July 1, 2002 and ending January 22, 2006, a supplier of a community water system that detects arsenic above 0.01 mg/l and up to and including 0.05 mg/l shall include the arsenic health effects language prescribed by table 1 of R 325.10405.

R 325.10415 Annual consumer confidence reporting; report delivery; recordkeeping.

Rule 415. (1) Except as provided in subrule (7) of this rule, each supplier of a community water system shall mail or otherwise directly deliver 1 copy of the report to each customer.

(2) The supplier shall make a good faith effort to reach consumers who do not get water bills, using means recommended by the department. For the good faith effort to be adequate, the supplier shall tailor the effort to reach the consumers who are served by the supply but are not bill-paying customers such as renters or workers. A good faith effort to reach consumers may include, but not be limited to, a mix of any of the following methods appropriate to the particular supply:

(a) Posting the report on the Internet.

(b) Mailing to postal patrons in metropolitan areas.

(d) Publication in a local newspaper.

(e) Posting in public places such as cafeterias or lunch rooms of public buildings.

(f) Delivery of multiple copies for distribution by single-biller customers such as apartment buildings or large private employers.

(g) Delivery to community organizations.

(3) Not later than the date the supply is required to distribute the report to its customers, each supplier of a community water system shall mail a copy of the report to the department, followed within 3 months by a certification that the report has been distributed to customers, and that the information is correct and consistent with the compliance monitoring data previously submitted to the department.

(4) Not later than the date the supplier is required to distribute the report to its customers, each supplier of a community water system shall deliver the report to the local health department that has jurisdiction in the county in which the system is located. If the system's service area is located in more than 1 county, then the report shall be delivered to all appropriate local health departments. In addition, each supplier of a community water system shall deliver the report to any other agency or clearinghouse identified in writing by the department.

(5) Each supplier of a community water system shall make its report available to the public upon request.

(6) Each supplier of a community water system serving 100,000 or more persons shall post its current year's report to a publicly accessible site on the Internet.

(7) The governor or his or her designee, for the purposes of waiving the mailing requirement, may waive the requirement of subrule (1) of this rule for community water supplies serving fewer than 10,000 persons.

(a) Suppliers of systems serving fewer than 10,000 persons that elect to use the waiver shall do all the following:

(i) Publish the report in 1 or more local newspapers serving the area in which the supply is located.

(ii) Inform the customers that the report will not be mailed, either in the newspapers in which the report is published or by other means approved by the department.

(iii) Make the report available to the public upon request.

(b) Suppliers of systems serving 500 or fewer persons that elect to use the waiver may forego the requirements of subdivision (a) of this subrule if they provide notice at least once per year to their customers by mail, door-to-door delivery, or by posting in an appropriate location that the report is available upon request.

(8) A supplier of a system subject to R 325.10411 to R 325.10415 shall retain copies of its consumer confidence report for not less than 3 years.

R 325.10416 Annual water quality reporting; child care centers and K-12 schools classified as nontransient noncommunity water systems.

Rule 416. (1) R 325.10416 to R 325.10419 apply only to the following nontransient noncommunity water systems:

(a) Child care centers classified as nontransient noncommunity water systems.

(b) K-12 schools classified as nontransient noncommunity water systems.

(2) R 325.10418 establishes the minimum requirements for the content of annual water quality reports that shall be available to consumers and to the parents or legal guardians of students or children less than 18 years of age.

R 325.10417 Annual water quality reporting; effective dates.

Rule 417. (1) Each supplier of an existing nontransient noncommunity water system that is also a child care center or K-12 school shall make available its annual water quality reports by October 1 annually.

(2) A supplier of a new nontransient noncommunity water system that is also a child care center or K-12 school shall make available its first annual water quality report by October 1 of the year after its first full calendar year in operation and then by October 1 annually.

R 325.10418 Annual water quality reporting; content of reports.

Rule 418. (1) Each supplier of a nontransient noncommunity water system that is also a child care center or K-12 school shall prepare an annual water quality report that contains either a summary of compliance monitoring data for the previous calendar year or copies of the laboratory reports for all compliance monitoring performed in the previous calendar year.

(2) The first annual water quality report after completion of a source water assessment by the department shall include a notification that the source water assessment has been completed and that a copy of the source water assessment is available upon request.

R 325.10419 Annual water quality reporting; report delivery; recordkeeping.

Rule 419. (1) Each supplier of a nontransient noncommunity water system that is also a child care center or K-12 school shall post, for not less than 30 days, a statement instructing interested parties that the annual water quality report is available upon request.

(2) A supplier of a system subject to this rule shall retain copies of its annual water quality report and the notice of availability for not less than 3 years.

R 325.10420 Annual water quality reporting; contaminants for vulnerable subpopulation.

Rule 420. Pursuant to section 14 of the act, if any contaminants listed in table 1 of this rule are detected above a level of concern as indicated in table 1 of this rule, then the consumer confidence report or the annual water quality report may include a description of the potential health effects and the vulnerable subpopulation that may be susceptible to the level of contaminant detected using the relevant language provided in table 1 of R 325.10405.

Table 1 Contaminants for vulnerable subpopulation reporting

Contaminant	Susceptible vulnerable subpopulation	Level of concern
Fecal coliform/ E. coli	Infants, young children, the elderly, and people with severely compromised immune systems.	Confirmed presence (any confirmed detect)
Copper	People with Wilson’s disease.	1.3 mg/l (ppm)
Fluoride	Children.	4.0 mg/l (ppm)
Lead	Infants and children.	15.0 µg/l (ppb)
Nitrate	Infants below the age of 6 months.	10.0 mg/l (ppm)
Nitrite	Infants below the age of 6 months.	1.0 mg/l (ppm)

5 ADMINISTRATIVE RULES

PART 4. PUBLIC NOTIFICATION AND PUBLIC EDUCATION

R 325.10401a General public notification requirements.

R 325.10402 Tier 1 public notice; form, manner, and frequency of notice.

R 325.10403 Tier 2 public notice; form, manner, and frequency of notice.

R 325.10404 Tier 3 public notice; form, manner, and frequency of notice.

R 325.10405 Content of the public notice.

R 325.10406 Notice to new billing units or new customers.

R 325.10407 Special notice of the availability of unregulated contaminant monitoring results.

R 325.10408 Periodic progress reports; correction of violations and notification of customers.

R 325.10408a Special notice when fluoride level is above 2 mg/l.

R 325.10408b Special notice for nitrate exceedances above MCL by noncommunity water systems (NCWS), when granted permission by the department.

R 325.10409 Notice by department on behalf of the public water system.

R 325.10411 Annual consumer confidence reporting; purpose; applicability.

R 325.10412 Annual consumer confidence reporting; effective dates.

R 325.10413 Annual consumer confidence reporting; content of reports.

R 325.10414 Annual consumer confidence reporting; required additional health information.

R 325.10415 Annual consumer confidence reporting; report delivery; recordkeeping.

R 325.10416 Annual water quality reporting; child care centers and K-12 schools classified as nontransient noncommunity water systems.

R 325.10417 Annual water quality reporting; effective dates.

R 325.10418 Annual water quality reporting; content of reports.

R 325.10419 Annual water quality reporting; report delivery; recordkeeping.

R 325.10420 Annual water quality reporting; contaminants for vulnerable subpopulation.

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