§ 109.416. CCR requirements.
This section applies only to community water systems and establishes the minimum requirements for the content of the annual CCR that each system shall deliver to its customers. This report must contain information on the quality of the water delivered by the system and characterize the risks, if any, from exposure to contaminants detected in the drinking water in an accurate and understandable manner.
(1) For the purposes of this section, the definitions of “customer” and “detected” established by the EPA under 40 CFR 141.151(c) and (d) (relating to definitions), respectively, are incorporated by reference.
(2) Each community water system shall deliver to its customers an annual CCR on the dates established by the EPA under 40 CFR 141.152 (relating to effective dates), which is incorporated by reference.
(3) Except as noted in subparagraphs (i)—(v), the annual report that a community water system provides to its customers shall contain all of the information, mandatory language and optional text specified by the EPA under 40 CFR 141.153 and 141.154 (relating to content of the reports; and required additional health information), which are incorporated by reference, and under 40 CFR 141, Subpart O, Appendix A (relating to regulated contaminants), which is incorporated by reference, unless other information, mandatory language or optional text is established by regulations or order of the Department. The health effects language for fluoride is not incorporated by reference. Public water systems shall include the health effects language specified in § 109.411(e)(1)(i) (relating to content of a public notice) for violation of the primary MCL of 2 mg/L fluoride.
(i) If a water system wants to use wording of its own choice in place of optional text, the water supplier shall submit the proposed wording to the Department for review and written approval prior to including it in its annual CCR. Once approved, the water supplier’s wording may be used in future CCRs without further approval from the Department as long as it is not changed and is still applicable.
(ii) The CCR shall contain information in Spanish regarding the importance of the report or contain a telephone number or address where persons served may contact the water system to obtain a translated copy of the report or to request assistance.
(iii) For each non-English-speaking group other than Spanish-speaking that exceeds 10% of the residents for systems serving at least 1,000 people or 100 residents for systems serving less than 1,000 people, and speaks the same language other than English, the report shall contain information in the appropriate languages regarding the importance of the report or contain a telephone number or address where persons served may contact the water system to obtain a translated copy of the report or to request assistance in the appropriate language. The Department will make the final determination of which systems need to include this information.
(iv) For the purpose of defining how certain portions of a CCR shall appear, the term ‘‘prominently display’’ as used in 40 CFR 141.154(a) means that the information shall be printed either in a larger size typeface or bolded or enclosed within a border or all these so as to make the information conspicuous in comparison to the rest of the text appearing before and after the prominently displayed text. Prominently displayed text placed away from other text (such as, in a highlighted or boxed area) shall be printed no smaller than the text used elsewhere in the body of the report, excluding main or section titles.
(v) Information contained in a CCR shall appear in an easy-to-read format. Font sizes below 10 points or color combinations, or both, that make it difficult for persons to read and understand the information contained in the CCR may not be used.
(3.1) Public water suppliers required to conduct monitoring for PFAS under § 109.301(16) (relating to monitoring requirements) shall also include at a minimum the following information:
(i) Information on results detected.
(A) MCL in ng/L.
(B) MCLG in ng/L.
(C) Highest level detected in ng/L.
(D) Range of detections in ng/L.
(E) Sample dates.
(F) Whether a violation occurred.
(G) Sources of contamination. The likely sources of detected contaminants to the best of the public water supplier’s knowledge. Specific information regarding contaminants may be available in sanitary surveys or source water assessments and should be used when available. If the public water supplier lacks specific information on the likely source or sources of the contaminant or contaminants, the following statement shall be used:
‘‘Discharge from manufacturing facilities and runoff from land use activities.’’
(ii) Health effects language. Public water systems shall include the health effects language specified in § 109.411(e)(1)(ii) and (iii) for violation of a primary MCL for PFAS specified in § 109.202(a) (relating to State MCLs, MRDLs and treatment technique requirements).
(4) Each community water system shall do the following:
(i) Mail or otherwise directly deliver to each customer one copy of the annual CCR no later than the date specified in paragraph (2).
(ii) Mail a paper copy of the annual CCR to the Department no later than the date the water system is required to distribute the CCR to its customers.
(iii) Make a good faith effort to reach consumers who do not get water bills. The Department will determine “good faith” based on those methods identified in 40 CFR 141.155(b) (relating to report delivery and recordkeeping), which are incorporated by reference.
(iv) Submit in writing to the Department no later than 3 months after the delivery of the annual CCR:
(A) A certification that the annual CCR has been distributed to customers and that the information contained in the report is correct and consistent with the compliance monitoring data previously submitted to the Department.
(B) A description of what was done to meet the good faith effort requirement described in subparagraph (iii).
(v) If another State agency or commission also regulates the community water system, submit a copy of the system’s annual CCR to the other agency or commission upon the specific request of that agency or commission no later than the date the water system is required to distribute the CCR to its customers. Each State agency or commission shall determine the way it requests a copy of the system’s CCR. Those agencies or commissions may include, but are not limited to, the following:
(A) The Pennsylvania Public Utility Commission and the Office of Consumer Advocate in the Office of the Attorney General, for water systems that are public utilities regulated under 66 Pa.C.S. (relating to Public Utility Code).
(B) The Department of Human Services, for self-contained community water systems serving personal care or other group housing facilities.
(C) The Department of Health, for self-contained community water systems serving skilled health care facilities.
(vi) Make copies of its annual CCR available to the public on request.
(vii) If a community water system serves 100,000 or more people, post its current year’s report to a publicly accessible site on the Internet.
(viii) Retain copies of each annual CCR and the related information required in paragraph (3) on the premises of the system or at a convenient location near the premises for no less than 3 years after the date of its delivery to customers.
Authority The provisions of this § 109.416 amended under section 4 of the Pennsylvania Safe Drinking Water Act (35 P.S. § 721.4); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).
Source The provisions of the § 109.416 adopted August 9, 2002, effective August 10, 2002, 32 Pa.B. 3894; amended August 17, 2018, effective August 18, 2018, 48 Pa.B. 4974; amended January 13, 2023, effective January 14, 2023, 53 Pa.B. 333. Immediately preceding text appears at serial pages (393285) to (393287).
Cross References This section cited in 25 Pa. Code § 109.1 (relating to definitions); 25 Pa. Code § 109.410 (relating to Tier 3 public notice—categories, timing and delivery of notice); 25 Pa. Code § 109.1004 (relating to public notification); and 52 Pa. Code § 69.1601 (relating to general).
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