§ 22-64481. Content of the Consumer Confidence Report.

(a) A Consumer Confidence Report shall contain information on the source of the water delivered, including:

(1) The type of water delivered by the water system (e.g., surface water, ground water) and the commonly used name (if any) and location of the body (or bodies) of water; and

(2) If a source water assessment has been completed, notification that the assessment is available, how to obtain it, the date it was completed or last updated, and a brief summary of the system's vulnerability to potential sources of contamination, using language provided by the Department if the Department conducted the assessment.

(b) For any of the following terms used in the Consumer Confidence Report, the water system shall provide the specified language below:

(1) Regulatory Action Level: “The concentration of a contaminant which, if exceeded, triggers treatment or other requirements that a water system must follow.”

(2) Maximum Contaminant Level or MCL: “The highest level of a contaminant that is allowed in drinking water. Primary MCLs are set as close to the PHGs (or MCLGs) as is economically and technologically feasible. Secondary MCLs are set to protect the odor, taste, and appearance of drinking water.”

(3) Maximum Contaminant Level Goal or MCLG: “The level of a contaminant in drinking water below which there is no known or expected risk to health. MCLGs are set by the U.S. Environmental Protection Agency.”

(4) Public Health Goal or PHG: “The level of a contaminant in drinking water below which there is no known or expected risk to health. PHGs are set by the California Environmental Protection Agency.”

(5) Primary Drinking Water Standard or PDWS: “MCLs, MRDLs, and treatment techniques for contaminants that affect health, along with their monitoring and reporting requirements.”

(6) Treatment technique: “A required process intended to reduce the level of a contaminant in drinking water.”

(7) Variances and exemptions: “Department permission to exceed an MCL or not comply with a treatment technique under certain conditions.”

(8) Maximum residual disinfectant level or MRDL: “The highest level of a disinfectant allowed in drinking water. There is convincing evidence that addition of a disinfectant is necessary for control of microbial contaminants.”

(9) Maximum residual disinfectant level goal or MRDLG: “The level of a drinking water disinfectant below which there is no known or expected risk to health. MRDLGs do not reflect the benefits of the use of disinfectants to control microbial contaminants.”

(c) If any of the following are detected, information for each pursuant to subsection (d) shall be included in the Consumer Confidence Report:

(1) Contaminants subject to an MCL, regulatory action level, MRDL, or treatment technique (regulated contaminants), as specified in sections 64426.1, 64431, 64442, 64443, 64444, 64448, 64449, 64533, 64533.5, 64536, 64536.2, 64653 and 64678;

(2) Contaminants specified in 40 Code of Federal Regulations part 141.40 (7-1-2007 edition) for which monitoring is required (unregulated contaminants);

(3) Microbial contaminants detected as provided under subsection (e); and

(4) Sodium and hardness.

(d) For contaminants identified in subsection (c), the water system shall include in the Consumer Confidence Report one table or several adjacent tables that have been developed pursuant to this subsection. Any additional monitoring results that a water system chooses to include in its Consumer Confidence Report shall be displayed separately.

(1) The data in the table(s) shall be derived from data collected to comply with U.S. Environmental Protection Agency (USEPA) and Department monitoring and analytical requirements during calendar year 2000 for the first Consumer Confidence Report and subsequent calendar years thereafter.

Where a system is allowed to monitor for regulated contaminants less often than once a year, the table(s) shall include the date and results of the most recent sampling and the Consumer Confidence Report shall include a brief statement indicating that the data presented in the table(s) are from the most recent testing done in accordance with the regulations. No data older than 9 years need be included.

(2) For detected regulated contaminants referenced in subsection (c)(1), the table(s) shall include:

(A) The MCL expressed as a number equal to or greater than 1.0;

(B) For a primary MCL, the public health goal (PHG) in the same units as the MCL; or if no PHG has been set for the contaminant, the table shall include the USEPA maximum contaminant level goal in the same units as the MCL;

(C) For a detected contaminant that does not have an MCL, the table(s) shall indicate whether there is a treatment technique or specify the regulatory action level or MRDL (and MRDLG) applicable to that contaminant, and the Consumer Confidence Report shall include the appropriate language specified in subsection (b);

(D) For detected contaminants subject to an MCL, except turbidity and total coliforms, the sample result(s) collected at compliance monitoring sampling points shall be reported in the same units as the MCL as follows:

1. When compliance is determined by the results of a single sample, an initial sample averaged with one or two confirmation sample(s), or an average of four quarterly or six monthly samples, results shall be reported as follows:

A. For a single sampling point, or multiple sampling points for which data is being individually listed on the Consumer Confidence Report: the sample result and, if more than one sample was collected, the average and range of the sample results;

B. For multiple sampling points, each of which has been sampled only once and for which data is being summarized together on the Consumer Confidence Report: the average and range of the sample results. If the waters from the sampling points are entering the distribution system at the same point, a flow-weighted average may be reported; and

C. For multiple sampling points, one or more of which has been sampled more than once and for which data is being summarized together on the Consumer Confidence Report: the average of the individual sampling point averages and range of all the sample results. If the waters from the sampling points are entering the distribution system at the same point, a flow-weighted average may be reported.

2. When compliance with the MCL is determined by calculating a running annual average of all samples taken at a monitoring location:

A. The highest running annual average of the monitoring location and the range of sample results or, if monitoring locations are summarized together for the Consumer Confidence Report, the highest running annual average of any of the monitoring locations and the range of sample results from all the monitoring locations; and

B. For TTHM and HAA5 monitored pursuant to section 64534.2(d): the highest locational running annual average (LRAA) for TTHM and HAA5 and the range of individual sample results for all monitoring locations. If more than one location exceeds the TTHM or HAA5 MCL, include the LRAA for all locations that exceed the MCL.

3. When compliance with the MCL is determined on a system-wide basis by calculating a running annual average of all monitoring location averages: the highest running annual average and the range of sample results from all the sampling points.

4. When compliance with the MCL is determined on the basis of monitoring after treatment installed to remove a contaminant: the average level detected in the water entering the distribution system and the range of sample results; and

5. If an MCL compliance determination was made in the year for which sample results are being reported and that determination was based on an average of results from both the previous and reporting years, then the compliance determination average shall be reported, but the range shall be based only on results from the year for which data is being reported.

(E) For turbidity:

1. When it is reported pursuant to the requirements of section 64652.5 (filtration avoidance): the highest value; and

2. When it is reported pursuant to section 64653 (filtration): the highest single measurement based on compliance reporting and the lowest monthly percentage of samples meeting the turbidity limits specified in section 64653 for the filtration technology being used;

(F) For lead and copper: the 90th percentile value of the most recent round of sampling, the number of sites sampled, and the number of sampling sites exceeding the action level;

(G) For total coliform:

1. The highest monthly number of positive samples for systems collecting fewer than 40 samples per month; or

2. The highest monthly percentage of positive samples for systems collecting at least 40 samples per month.

(H) For fecal coliform or E. coli: the total number of positive samples during the year; and

(I) The likely source(s) of any detected contaminants having an MCL, MRDL, regulatory action level, or treatment technique. If the water system lacks specific information on the likely source, the table(s) shall include one or more of the typical sources for that contaminant listed in appendix 64481-A or 64481-B that are most applicable to the system.

(3) The table(s) shall clearly identify any data indicating violations of MCLs, regulatory action levels, MRDLs, or treatment techniques and the Consumer Confidence Report shall give information on each violation including the length of the violation, potential adverse health effects (PDWS only), and actions taken by the system to address the violation. To describe the potential health effects, the system shall use the relevant language pursuant to appendices 64465-A through H; and

(4) For detected unregulated contaminants for which monitoring is required (except Cryptosporidium), the table(s) shall contain the average and range at which the contaminant was detected.

(e) If the system has performed any monitoring for Cryptosporidium that indicates that Cryptosporidium may be present in the source water or the finished water, the Consumer Confidence Report shall include a summary of the monitoring results and an explanation of their significance.

(f) If the system has performed any monitoring for radon that indicates that radon is present in the finished water, the Consumer Confidence Report shall include the monitoring results and an explanation of their significance.

(g) For the year covered by the report, the Consumer Confidence Report shall note any violations of paragraphs (1) through (7) and give related information, including any potential adverse health effects, and the steps the system has taken to correct the violation.

(1) Monitoring and reporting of compliance data.

(2) Filtration, disinfection, and recycled provisions prescribed by sections 64652, 64652.5, 64653, 64653.5(b), or 64654. For systems that have failed to install adequate filtration or disinfection equipment or processes, or have had a failure of such equipment or processes that constitutes a violation, the Consumer Confidence Report shall include the health effects language pursuant to appendix 64465-B as part of the explanation of potential adverse health effects.

(3) One or more actions prescribed by the lead and copper requirements in sections 64673, 64674, 64683 through 64686, and 64688. To address potential adverse health effects, the Consumer Confidence Report shall include the applicable language pursuant to appendix 64465-D for lead, copper, or both.

(4) Treatment technique requirements for Acrylamide and Epichlorohydrin in section 64448; to address potential adverse health effects, the Consumer Confidence Report shall include the relevant language from appendix 64465-H.

(5) Recordkeeping of compliance data.

(6) Special monitoring requirements prescribed by section 64449(b)(2) and (g).

(7) Terms of a variance, an exemption, or an administrative or judicial order.

(h) If a system is operating under the terms of a variance or an exemption issued under section 116430 or 116425 of the Health and Safety Code, the Consumer Confidence Report shall contain:

(1) An explanation of the reasons for the variance or exemption;

(2) The date on which the variance or exemption was issued;

(3) A brief status report on the steps the system is taking to install treatment, find alternative sources of water, or otherwise comply with the terms and schedules of the variance or exemption; and

(4) A notice of any opportunity for public input in the review, or renewal, of the variance or exemption.

(i) A Consumer Confidence Report shall contain the language in paragraphs (1) through (4).

(1) “The sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs, and wells. As water travels over the surface of the land or through the ground, it dissolves naturally-occurring minerals and, in some cases, radioactive material, and can pick up substances resulting from the presence of animals or from human activity.”

(2) “Contaminants that may be present in source water include:

Microbial contaminants, such as viruses and bacteria, that may come from sewage treatment plants, septic systems, agricultural livestock operations, and wildlife.

Inorganic contaminants, such as salts and metals, that can be naturally-occurring or result from urban stormwater runoff, industrial or domestic wastewater discharges, oil and gas production, mining, or farming.

Pesticides and herbicides, that may come from a variety of sources such as agriculture, urban stormwater runoff, and residential uses.

Organic chemical contaminants, including synthetic and volatile organic chemicals, that are by-products of industrial processes and petroleum production, and can also come from gas stations, urban stormwater runoff, agricultural application, and septic systems.

Radioactive contaminants, that can be naturally-occurring or be the result of oil and gas production and mining activities.”

(3) “In order to ensure that tap water is safe to drink, the U.S. Environmental Protection Agency (USEPA) and the California Department of Public Health (Department) prescribe regulations that limit the amount of certain contaminants in water provided by public water systems. Department regulations also establish limits for contaminants in bottled water that provide the same protection for public health.”

(4) “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 USEPA's Safe Drinking Water Hotline [phone]).”

(j) A Consumer Confidence Report 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 should seek advice about drinking water from their health care providers. USEPA/Centers for Disease Control (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 [phone]).”

(k) A Consumer Confidence Report shall include the telephone number of the owner, operator, or designee of the water system as a source of additional information concerning the report.

(l) A Consumer Confidence Report shall contain information in Spanish regarding the importance of the report or contain a telephone number or address where Spanish-speaking residents may contact the system to obtain a translated copy of the report or assistance in Spanish. For each non-English speaking group other than Spanish-speaking that exceeds 1,000 residents or 10% of the residents in a community, the Consumer Confidence Report shall contain information in the appropriate language(s) regarding the importance of the report or contain a telephone number or address where such residents may contact the system to obtain a translated copy of the report or assistance in the appropriate language.

(m) A Consumer Confidence Report shall include information (e.g., time and place of regularly scheduled board meetings) about opportunities for public participation in decisions that may affect the quality of the water.

Appendix 64481-A.

Typical Origins of Contaminants

with Primary MCLs, MRDLs Regulatory Action Levels,

and Treatment Techniques

Contaminant	Major origins in drinking water
Microbiological
Total coliform bacteria	Naturally present in the environment
Fecal coliform and E. coli	Human and animal fecal waste
Turbidity	Soil runoff
Surface water treatment
Giardia lamblia	Naturally present in the environment
Viruses
Heterotrophic plate count
bacteria
Legionella
Cryptosporidium
Radioactive
Gross Beta particle activity	Decay of natural and man-made deposits
Strontium-90	Decay of natural and man-made deposits
Tritium	Decay of natural and man-made deposits
Gross Alpha particle activity	Erosion of natural deposits
Combined radium 226/228	Erosion of natural deposits
Total Radium (for	Erosion of natural deposits
nontransient noncommunity
water systems)
Uranium	Erosion of natural deposits
Inorganic
Aluminum	Erosion of natural deposits; residue from some
surface water treatment processes
Antimony	Discharge from petroleum refineries; fire
retardants; ceramics; electronics; solder
Arsenic	Erosion of natural deposits; runoff from
orchards;
glass and electronics production wastes
Asbestos	Internal corrosion of asbestos cement water
mains; erosion of natural deposits
Barium	Discharges of oil drilling wastes and from metal
refineries; erosion of natural deposits
Beryllium	Discharge from metal refineries, coal-burning
factories, and electrical, aerospace, and defense
industries
Cadmium	Internal corrosion of galvanized pipes; erosion of
natural deposits; discharge from electroplating
and industrial chemical factories, and metal
refineries; runoff from waste batteries and paints
Chromium	Discharge from steel and pulp mills and chrome
plating; erosion of natural deposits
Copper	Internal corrosion of household plumbing
systems; erosion of natural deposits; leaching
from wood preservatives
Cyanide	Discharge from steel/metal, plastic and fertilizer
factories
Fluoride	Erosion of natural deposits; water additive that
promotes strong teeth; discharge from fertilizer
and aluminum factories
Hexavalent chromium	Discharge from electroplating factories,
leather tanneries, wood preservation, chemical
synthesis, refractory production, and textile
manufacturing facilities; erosion of natural
deposits
Lead	Internal corrosion of household water plumbing
systems; discharges from industrial
manufacturers; erosion of natural deposits
Mercury	Erosion of natural deposits; discharge from
refineries and factories; runoff from landfills and
cropland
Nickel	Erosion of natural deposits; discharge from metal
factories
Nitrate	Runoff and leaching from fertilizer use; leaching
from septic tanks and sewage; erosion of natural
deposits
Nitrite	Runoff and leaching from fertilizer use; leaching
from septic tanks and sewage; erosion of natural
deposits
Perchlorate	Perchlorate is an inorganic chemical used in solid
rocket propellant, fireworks, explosives, flares,
matches, and a variety of industries. It usually
gets into drinking water as a result of
environmental contamination from historic
aerospace or other industrial operations that used
or use, store, or dispose of perchlorate and its
salts.
Selenium	Discharge from petroleum, glass, and metal
refineries; erosion of natural deposits; discharge
from mines and chemical manufacturers; runoff
from livestock lots (feed additive)
Thallium	Leaching from ore-processing sites; discharge
from electronics, glass, and drug factories
Synthetic organic
2,4-D	Runoff from herbicide used on row crops, range
land, lawns, and aquatic weeds
2,4,5-TP (Silvex)	Residue of banned herbicide
Acrylamide	Added to water during sewage/wastewater
treatment
Alachlor	Runoff from herbicide used on row crops
Atrazine	Runoff from herbicide used on row crops and
along railroad and highway right-of-ways
Bentazon	Runoff/leaching from herbicide used on beans,
peppers, corn, peanuts, rice, and ornamental
grasses
Benzo(a)pyrene [PAH]	Leaching from linings of water storage tanks and
distribution mains
Carbofuran	Leaching of soil fumigant used on rice and alfalfa,
and grape vineyards
Chlordane	Residue of banned insecticide
Dalapon	Runoff from herbicide used on right-of-ways,
and crops and landscape maintenance
Dibromochloropropane	Banned nematocide that may still be present in
(DBCP)	soils due to runoff/leaching from former use on
soybeans, cotton, vineyards, tomatoes, and tree
fruit
Di(2-ethylhexyl) adipate	Discharge from chemical factories
Di(2-ethylhexyl) phthalate	Discharge from rubber and chemical factories;
inert ingredient in pesticides
Dinoseb	Runoff from herbicide used on soybeans,
vegetables, and fruits
Dioxin [2,3,7,8-TCDD]	Emissions from waste incineration and other
combustion; discharge from chemical factories
Diquat	Runoff from herbicide use for terrestrial and
aquatic weeds
Endothall	Runoff from herbicide use for terrestrial and
aquatic weeds; defoliant
Endrin	Residue of banned insecticide and rodenticide
Epichlorohydrin	Discharge from industrial chemical factories;
impurity of some water treatment chemicals
Ethylene dibromide (EDB)	Discharge from petroleum refineries;
underground gas tank leaks; banned nematocide
that may still be present in soils due to runoff and
leaching from grain and fruit crops
Glyphosate	Runoff from herbicide use
Heptachlor	Residue of banned insecticide
Heptachlor epoxide	Breakdown of heptachlor
Hexachlorobenzene	Discharge from metal refineries and agricultural
chemical factories; byproduct of chlorination
reactions in wastewater
Hexachlorocyclo-pentadiene	Discharge from chemical factories
Lindane	Runoff/leaching from insecticide used on cattle,
lumber, and gardens
Methoxychlor	Runoff/leaching from insecticide used on fruits,
vegetables, alfalfa, and livestock
Molinate [Ordram]	Runoff/leaching from herbicide used on rice
Oxamyl [Vydate]	Runoff/leaching from insecticide used on field
crops, fruits and ornamentals, especially apples,
potatoes, and tomatoes
Pentachlorophenol	Discharge from wood preserving factories,
cotton and other insecticidal/herbicidal uses
Picloram	Herbicide runoff
Polychlorinated biphenyls	Runoff from landfills; discharge of waste
[PCBs]	chemicals
Simazine	Herbicide runoff
Thiobencarb	Runoff/leaching from herbicide used on rice
Toxaphene	Runoff/leaching from insecticide used on cotton
and cattle
Volatile organic
Benzene	Discharge from plastics, dyes and nylon factories;
leaching from gas storage tanks and landfills
Carbon tetrachloride	Discharge from chemical plants and other
industrial activities
1,2-Dichlorobenzene	Discharge from industrial chemical factories
1,4-Dichlorobenzene	Discharge from industrial chemical factories
1,1-Dichloroethane	Extraction and degreasing solvent; used in
manufacture of pharmaceuticals, stone, clay and
glass products; fumigant
1,2-Dichloroethane	Discharge from industrial chemical factories
1,1-Dichloroethylene	Discharge from industrial chemical factories cis-1,2-Dichloroethylene	Discharge from industrial chemical factories;
major biodegradation byproduct of TCE and PCE
groundwater contamination
trans-1,2-Dichloroethylene	Discharge from industrial chemical factories;
minor biodegradation byproduct of TCE and PCE
groundwater contamination
Dichloromethane	Discharge from pharmaceutical and chemical
factories; insecticide
1,2-Dichloropropane	Discharge from industrial chemical factories;
primary component of some fumigants
1,3-Dichloropropene	Runoff/leaching from nematocide used on
croplands
Ethylbenzene	Discharge from petroleum refineries; industrial
chemical factories
Methyl-tert-butyl ether	Leaking underground storage tanks; discharge
(MTBE)	from petroleum and chemical factories
Monochlorobenzene	Discharge from industrial and agricultural
chemical factories and drycleaning facilities
Styrene	Discharge from rubber and plastic factories;
leaching from landfills
1,1,2,2-Tetrachloroethane	Discharge from industrial and agricultural
chemical factories; solvent used in production of
TCE, pesticides, varnish and lacquers
Tetrachloroethylene (PCE)	Discharge from factories, dry cleaners, and auto
shops (metal degreaser)
1,2,4-Trichlorobenzene	Discharge from textile-finishing factories
1,1,1-Trichloroethane	Discharge from metal degreasing sites and other
factories; manufacture of food wrappings
1,1,2-Trichloroethane	Discharge from industrial chemical factories
Trichloroethylene (TCE)	Discharge from metal degreasing sites and other
factories
Toluene	Discharge from petroleum and chemical
factories; underground gas tank leaks
Trichlorofluoromethane	Discharge from industrial factories; degreasing
solvent; propellant and refrigerant
1,1,2-Trichloro-1,2,2-	Discharge from metal degreasing sites and other
Trifluoroethane	factories; drycleaning solvent; refrigerant
Vinyl chloride	Leaching from PVC piping; discharge from
plastics factories; biodegradation byproduct of
TCE and PCE groundwater contamination
Xylenes	Discharge from petroleum and chemical
factories; fuel solvent
Disinfection Byproducts, Disinfection Byproduct Precursors, and Disinfectant
Residuals
Total trihalomethanes	Byproduct of drinking water disinfection
(TTHM)
Haloacetic acids (five)	Byproduct of drinking water disinfection
(HAA5)
Bromate	Byproduct of drinking water disinfection
Chloramines	Drinking water disinfectant added for treatment
Chlorine	Drinking water disinfectant added for treatment
Chlorite	Byproduct of drinking water disinfection
Chlorine dioxide	Drinking water disinfectant added for treatment
Control of disinfection	Various natural and manmade sources
byproduct precursors
(Total Organic Carbon)

Appendix 64481-B.

Typical Origins of Contaminants with Secondary MCLs

Contaminant	Major origins in drinking water
Aluminum	Erosion of natural deposits; residual from some
	surface water treatment processes
Color	Naturally-occurring organic materials
Copper	Internal corrosion of household plumbing
	systems; erosion of natural deposits; leaching
	from wood preservatives
Foaming Agents (MBAS)	Municipal and industrial waste discharges
Iron	Leaching from natural deposits; industrial wastes
Manganese	Leaching from natural deposits
Methyl-tert-butyl ether	Leaking underground storage tanks; discharge
(MTBE)	from petroleum and chemical factories
Odor - Threshold	Naturally-occurring organic materials
Silver	Industrial discharges
Thiobencarb	Runoff/leaching from rice herbicide
Turbidity	Soil runoff
Zinc	Runoff/leaching from natural deposits; industrial
	wastes
Total dissolved solids	Runoff/leaching from natural deposits
Specific conductance	Substances that form ions when in water;
	seawater influence
Chloride	Runoff/leaching from natural deposits; seawater
	influence
Sulfate	Runoff/leaching from natural deposits; industrial
	wastes

HISTORY

1. New section and appendices A-G filed 4-26-2001; operative 5-26-2001 (Register 2001, No. 17). For prior history, see Register 94, No. 48.

2. Amendment of subsections (c)(2)-(3), (d)(1)(B), (d)(3), (e), (g)(3)-(4) and appendix A and repealer of appendices C-G filed 8-2-2006; operative 9-1-2006 (Register 2006, No. 31).

3. Amendment of Appendix 64481-A and amendment of Note filed 9-18-2007; operative 10-18-2007 (Register 2007, No. 38).

4. Amendment of section, Appendix 64481-A (including heading), Appendix 64481-B and Note filed 5-22-2012; operative 6-21-2012 (Register 2012, No. 21).

5. Amendment of section and Note filed 5-28-2014; operative 7-1-2014 (Register 2014, No. 22).

Note

Note: Authority cited: Sections 116350, 116375, 131052 and 131200, Health and Safety Code. Reference: Sections 116275 and 116470, Health and Safety Code.