Virginia Law

A. Purpose and applicability.

1. The owner of a community waterworks shall deliver to the owner's customers a report that contains information specified in this section and shall include a summary as specified in subsection I of this section.

2. For the purpose of this section, "customers" are defined as billing units or service connections to which water is delivered by a community waterworks. For the purposes of this section, "consumers" are defined as people served by the water system, including customers and people who do not receive a bill.

3. For the purpose of this section, "detected" means: at or above the levels prescribed by 40 CFR 141.23(a)(4) for inorganic contaminants, at or above the levels prescribed by 40 CFR 141.24(f)(7) and 40 CFR 141.24(h)(18) for the contaminants listed in Table 340.2, at or above the levels prescribed by 40 CFR 141.131(b)(2)(iv) for the contaminants or contaminant groups listed in Table 340.6, and at or above the levels prescribed by Table 378.1 for radioactive contaminants.

B. Effective dates.

1. The owner of an existing community waterworks shall deliver the report by July 1 annually. The report shall contain data collected during the previous calendar year or the most recent calendar year before the previous calendar year.

2. The owner of a new community waterworks shall deliver the first report by July 1 of the year after its first full calendar year in operation and annually thereafter.

3. The owner of a community waterworks that sells water to a consecutive waterworks shall deliver the applicable information necessary to comply with the requirements contained in this section to the consecutive waterworks by April 1, 2027, and annually thereafter or on a date mutually agreed upon by the seller and the purchaser and specifically included in a contract between the parties. A community waterworks that sells water to another community waterworks that is required to provide reports biannually according to subsection H of this section must provide the applicable information required in subsection H of this section by October 1, 2027, to the buyer waterworks, and annually thereafter or on a date mutually agreed upon by the seller and the purchaser, included in a contract between the parties.

C. Content.

1. The owner of a community waterworks shall provide the owner's customers a report that contains the information on the source of the water delivered and a summary as specified in subsection I of this section as follows:

a. The report shall identify the source of the water delivered by the community waterworks by providing information on:

(1) The type of the source water (e.g., surface water, groundwater); and

(2) The commonly used name, if any, and location of the body of the source water.

b. Where a source water assessment has been completed, the report shall:

(1) Notify consumers of the availability of the assessment;

(2) Include the year the assessment was completed or most recently updated;

(3) Describe the means to obtain the assessment; and

(4) Include a brief summary of the waterworks' susceptibility to potential sources of contamination.

c. The owner is encouraged to highlight in the report significant sources of contamination in the source water area if the information is readily available.

2. For the purpose of compliance with this section, the report shall include 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.

c. The report for a community waterworks operating under a variance or an exemption issued by the commissioner under 12VAC5-590-140 and 12VAC5-590-150 shall include the following definition: "Variances and exemptions" means state or EPA permission not to meet an MCL or a treatment technique under certain conditions.

d. The report that contains data on contaminants that EPA regulates using any of the following terms shall include the applicable definitions:

(1) "Treatment technique" means a required process intended to reduce the level of a contaminant in drinking water.

(2) "Action level" means the concentration of a contaminant that, if exceeded, triggers treatment or other requirements that an owner shall follow.

(3) "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.

(4) "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 the control of microbial contaminants.

(5) "Level 1 assessment" means a study of the waterworks to identify potential problems and determine, if possible, why total coliform bacteria have been found in waterworks.

(6) "Level 2 assessment" means a very detailed study of the waterworks to identify potential problems and determine, if possible, why an E. coli PMCL violation has occurred and why total coliform bacteria have been found in waterworks on multiple occasions.

(7) "Pesticide" means, generally, any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest.

(8) "Herbicide" means any chemical used to control undesirable vegetation.

3. Information on detected contaminants.

a. This section specifies the requirements for information to be included in the report for contaminants subject to a PMCL, AL, MRDL, or treatment technique as specified in 12VAC5-590-340.

b. The data relating to these contaminants shall be presented in the reports in a manner that is clear and understandable for consumers. For example, the data may be displayed in one table or in several adjacent tables. Any additional monitoring results that an owner of a community waterworks chooses to include in the 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 or the most recent calendar year before the previous calendar year, except that where an owner is allowed to monitor for contaminants specified in subdivision C 3 a of this section less often than once a year, the contaminant data section 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 this chapter. No data older than five years need be included.

d. For each detected regulated contaminant subject to a PMCL, AL, MRDL, or treatment technique as listed in Tables 340.1 through 340.7 and 406.1, the contaminant data section shall contain:

(1) The PMCL for that contaminant expressed as a number equal to or greater than 1.0 as provided in 12VAC5-590-546;

(2) The MCLG for that contaminant expressed in the same units as the PMCL as provided in 12VAC5-590-546;

(3) If there is no PMCL for a detected contaminant, then the contaminant data section shall indicate that there is a treatment technique, or specify the AL, applicable to that contaminant, and the report shall include the definitions for treatment technique, AL, or both, as appropriate, specified in subdivision C 3 d of this section;

(4) For contaminants subject to a PMCL, except turbidity and E. coli, the contaminant data section shall contain the highest contaminant level used to determine compliance and the range of detected levels is as follows:

(a) When compliance with the PMCL is determined annually or less frequently, the highest detected level at any sampling point and the range of detected levels expressed in the same units as the PMCL.

(b) When compliance with the PMCL is determined by calculating an RAA of all samples collected at a sampling point, the highest average of any of the sampling points and the range of all sampling points expressed in the same units as the PMCL. For the PMCLs for TTHM and HAA5, the owner shall include the highest LRAA for TTHM and HAA5 and the range of individual sample results for all sampling points expressed in the same units as the PMCL. If more than one location exceeds the TTHM or HAA5 PMCL, then the owner shall include the LRAAs for all locations that exceed the PMCL.

(c) When compliance with the PMCL is determined on a system-wide basis by calculating an RAA of all samples at all sampling points, the average and range of detection expressed in the same units as the PMCL. The range of detection for TTHM and HAA5 shall include the individual sample results for the purpose of establishing the monitoring locations for EPA's "Stage 2 Disinfectants and Disinfection Byproducts Rule" initial distribution system evaluation.

(5) For turbidity, the highest single measurement and the lowest monthly percentage of combined filter samples meeting the turbidity limits specified in 12VAC5-590-395 A 2 b for the filtration technology being used. The report should include an explanation of the reasons for measuring turbidity;

(6) For lead and copper, the 90th percentile value of the most recent round of sampling, the number of sampling sites exceeding the AL, and the range of tap sampling results;

(7) For E. coli analytical results under 12VAC5-590-370, the total number of positive samples; and

(8) The likely source of the detected contaminants to the best of the owner's knowledge. Specific information regarding contaminants may be available in sanitary surveys and source water assessments and should be used when available to the owner. If the owner lacks specific information on the likely source, then the report shall include one or more of the typical sources for that contaminant listed in 12VAC5-590-546 that are most applicable to the system.

e. If the owner of a community waterworks distributes water to the owner's customers from multiple hydraulically independent distribution systems that are fed by different source waters, then:

(1) The contaminant data section shall contain a separate column for each service area and the report shall identify each separate distribution system; or

(2) The owner shall produce a separate report tailored to include data for each service area.

f. The detected contaminant data section shall clearly identify any data indicating violations of PMCLs, MRDLs, or treatment techniques, and the report shall contain a clear and readily understandable explanation of the violation, including:

(1) The length of the violation;

(2) The potential adverse health effects using the relevant language of 12VAC5-590-546; and

(3) Actions taken by the owner to address the violation.

g. For detected UCs for which monitoring is required, the reports must present the average and range at which the contaminant was detected. The report shall include a brief explanation of the reasons for monitoring for UCs, such as:

(1) UC monitoring helps EPA to determine where certain contaminants occur and whether EPA should consider regulating those contaminants in the future; or

(2) The report may use an alternative educational statement in the CCR if approved by the department.

h. For systems that exceeded the lead AL in 12VAC5-590-385 A, the detected contaminant data section shall clearly identify the exceedance if any corrective action has been required by the department during the monitoring period covered by the report. The report shall include a clear and readily understandable explanation of the exceedance, the steps consumers can take to reduce their exposure to lead in drinking water, and a description of any corrective actions the system has or will take to address the exceedance.

4. Information on Cryptosporidium, radon, and other contaminants:

a. If the owner has performed any monitoring for Cryptosporidium, which indicates that Cryptosporidium may be present in the source water or the finished water, then the report shall include:

(1) A summary of the results of the monitoring; and

(2) An explanation of the significance of the results.

b. If the owner has performed any monitoring for radon, which indicates that radon may be present in the finished water, then the report shall include:

(1) The results of the monitoring; and

(2) An explanation of the significance of the results.

c. If the owner has performed additional monitoring that indicates the presence of other contaminants in the finished water, then the report should include any results that may indicate a health concern, as determined by the commissioner or department. Detections above a proposed MCL or health advisory level may indicate possible health concerns. For these contaminants, the report should include:

(1) The results of the monitoring; and

(2) An explanation of the significance of the results noting the existence of a health advisory or a proposed regulation.

5. Compliance with other regulations. In addition to the requirements of subdivision C 3 f of this section, the report shall note any violation that occurred during the year covered by the report of a requirement listed in this subdivision 5 and include a clear and readily understandable explanation of the violation, any potential adverse health effects, and the steps the owner has taken to correct the violation:

a. Monitoring and reporting of compliance data;

b. Filtration and disinfection prescribed by 12VAC5-590-395. For an owner who has failed to install adequate filtration or disinfection equipment or processes or has had a failure of such equipment or processes that constitutes a violation, the report shall include the following language as part of the explanation of potential adverse health effects: "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. Lead and copper control requirements prescribed by 12VAC5-590-375. For that fails to take one or more of the prescribed actions, the report shall include the applicable language of 12VAC5-590-546 for lead, copper, or both;

d. Treatment techniques for acrylamide and epichlorohydrin prescribed by 12VAC5-590-395 B. For an owner who violates the requirements of that section, the report shall include the relevant language from 12VAC5-590-546;

e. Recordkeeping of compliance data;

f. Special monitoring requirements for sodium; and

g. Violation of the terms of a variance, an exemption, or an administrative or judicial order.

6. Variances and exemptions. If a waterworks is operating under the terms of a variance or an exemption issued by the commissioner under 12VAC5-590-140 and 12VAC5-590-150, then the report shall contain:

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 owner is taking to install treatment, find alternative sources of source water, or otherwise comply with the terms and schedules of the variance or exemption; and

d. A notice of any opportunity for public input in the evaluation or renewal of the variance or exemption.

7. Additional information.

a. The report shall contain a brief explanation regarding contaminants, which may reasonably be expected to be found in drinking water, including bottled water. This explanation shall include the exact language of subdivisions 7 a (1), 7 a (2), and 7 a (3) of this subsection or the owner shall use comparable language following approval by the department. The report also shall include the exact language of subdivision 7 a (4) of this subsection.

(1) Both tap water and bottled water come from 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 and transport substances resulting from the presence of animals or from human activity. These substances are also called contaminants.

(2) Contaminants are any physical, chemical, biological, or radiological substance or matter in water. Contaminants that may be present in source water include:

(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 occur naturally in the soil or groundwater or may 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 SOCs and VOCs, which are byproducts of industrial processes and petroleum production, and can also come from gas stations, urban stormwater runoff, and septic systems; and

(e) radioactive contaminants, which can occur naturally or be the result of oil and gas production and mining activities.

(3) To protect public health, EPA prescribes regulations that limit the amount of certain contaminants in tap water provided by waterworks. The U.S. Food and Drug Administration (FDA) regulations establish limits for contaminants in bottled water, which must 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 EPA's Safe Drinking Water Hotline (800-426-4791) or visiting EPA's website, epa.gov/safewater.

b. The report shall include the telephone number of the owner, operator, or designee of the community waterworks as a source of additional information concerning the report. If the waterworks uses a website or social media to share additional information, the department recommends including information in the report about how to access those media platforms.

c. In communities with a large proportion of consumers with limited English proficiency, as determined by the department, the report shall contain information in the appropriate languages regarding the importance of the report and either information where such consumers may obtain a translated copy of the report or assistance in the appropriate language, or the report shall be in the appropriate language.

d. The report shall include the following information about opportunities for public participation in decisions that may affect the quality of the drinking water. The owner should consider including the following additional relevant information:

(1) The time and place of regularly scheduled board meetings of the governing body that has authority over the waterworks; and

(2) If regularly scheduled board meetings are not held, then the name and telephone number of a waterworks representative who has operational or managerial authority over the waterworks.

e. The owner may include additional information as deemed necessary for public education consistent with, and not detracting from, the purpose of the report.

f. For a community groundwater system:

(1) Where there is a significant deficiency that is uncorrected at the time of the report or a fecal indicator-positive source water sample that is not invalidated in accordance with 12VAC5-590-380 at the time of the report, the owner shall report the following:

(a) The nature of the significant deficiency or the source if the source is known, of the fecal contamination;

(b) The date the significant deficiency was identified by the department or the dates of the fecal indicator-positive source water samples;

(c) Whether the fecal contamination has been addressed in accordance with 12VAC5-590-421 and the date of the action;

(d) For each significant deficiency or fecal contamination in the groundwater source that has not been addressed under 12VAC5-590-421, the department-approved plan and schedule, including interim measures, progress to date, and which interim measures for correcting the significant deficiency or fecal contamination have been completed; and

(e) If the waterworks receives notice of a fecal indicator-positive source water sample that is not invalidated in accordance with 12VAC5-590-380 using the health effects language 12VAC5-590-546 B.

(2) If directed by the department, where there are significant deficiencies that have been corrected at the time of the report, then the owner shall report the significant deficiencies, how the deficiencies were corrected, and the dates of correction.

D. Additional health information.

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 who are 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. EPA and Centers for Disease Control and Prevention 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) or on EPA's website epa.gov/safewater."

2. The owner that detects arsenic at levels above 0.005 mg/L, but equal to or below the PMCL of 0.010 mg/L, shall include in the report the following informational statement about arsenic: "Arsenic is known to cause cancer in humans. Arsenic also may cause other health effects such as skin damage and circulatory problems. (Name of waterworks) meets the EPA arsenic drinking water standard, also known as a Maximum Contaminant Level (MCL). However, you should know that EPA's MCL for arsenic balances the scientific community's understanding of arsenic-related health effects and the cost of removing arsenic from drinking water. The highest concentration of arsenic found in (year) was (insert max arsenic level per 12VAC5-590-340) ppb."

Instead of the statement required in this subdivision, the owner may include the owner's educational statement after receiving approval from the department.

3. The owner that detects nitrate at levels above five mg/L, but below the PMCL, shall include in the report the following informational statement about the impacts of nitrate on children: "Even though (name of waterworks) meets the EPA nitrate drinking water standard, also known as a Maximum Contaminant Level (MCL), if you are caring for an infant and using tap water to prepare formula, you may want to use alternate sources of water or ask for advice from your health care provider. Nitrate levels above 10 ppm pose a particularly high health concern for infants younger than six months of age and can interfere with the capacity of the infant's blood to carry oxygen, resulting in a serious illness. Symptoms of serious illness include shortness of breath and blueness of the skin, known as "blue baby syndrome." Nitrate levels in drinking water can increase for short periods of time due to high levels of rainfall or agricultural activity, therefore we test for nitrate (insert applicable sampling frequency). The highest level for nitrate found during (year) was (insert max nitrate level per 12VAC5-590-340) ppm."

Instead of the statement required in this subdivision, the owner may include the owner's own educational statement after receiving approval from the department.

4. All reports shall prominently display the following lead-specific information: "Lead can cause serious health problems, especially for pregnant women and young children. Lead in drinking water is primarily from materials and components associated with service lines and home plumbing. (Name of waterworks) is responsible for providing high-quality drinking water and removing lead pipes, but cannot control the variety of materials used in plumbing components in your home. You share the responsibility for protecting yourself and your family from the lead in your home plumbing. You can take responsibility by identifying and removing lead materials within your home plumbing and taking steps to reduce your family's risk. Before drinking tap water, flush your pipes for several minutes by running your tap, taking a shower, or doing laundry or a load of dishes. You can also use a filter certified by an American National Standards Institute accredited certifier to reduce lead in drinking water. If you are concerned about lead in your water and wish to have your water tested, contact (name of waterworks and contact information). Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available at http://www.epa.gov/safewater/lead."

Instead of the statement required in this subdivision, the owner may include the owner's educational statement after receiving approval from the department.

E. The owner of a community waterworks required to complete a Level 1 or a Level 2 assessment that is not due to an E. coli PMCL violation shall include in the report the text specified in subdivisions E 1, E 2, and E 3 of this section as appropriate, filling in the blanks accordingly, and shall include in the report the text specified in subdivision E 4 of this section, if appropriate.

1. "Coliforms are bacteria that are naturally present in the environment and are used as an indicator that other, potentially harmful, waterborne pathogens may be present or that a potential pathway exists through which contamination may enter the drinking water distribution system. We found coliforms indicating the need to look for potential problems in water treatment or distribution. When this occurs, we are required to conduct assessments to identify problems and to correct any problems that are found."

2. "Because we found coliforms during sampling, we were required to conduct (insert the number of Level 1 assessments) Level 1 assessments to identify possible sources of contamination. (insert the number of Level 1 assessments) Level 1 assessments were completed. In addition, we were required to take (insert the number of corrective actions) corrective actions and we completed (insert the number of corrective actions) of these actions."

3. "Because we found coliforms during sampling, we were required to conduct (insert the number of Level 2 assessments) Level 2 detailed assessments to identify possible sources of contamination. (insert the number of Level 2 assessments) Level 2 assessments were completed. In addition, we were required to take (insert the number of corrective actions) corrective actions and we completed (insert the number of corrective actions) of these actions."

4. An owner that failed to complete all of the required assessments or correct all identified sanitary defects is in violation of the treatment technique requirement and shall also include one or both of the following statements, as appropriate:

a. "During the past year, we failed to conduct all of the required assessments."

b. "During the past year, we failed to correct all identified sanitary defects that were found during the assessments."

F. The owner of a community waterworks required to conduct Level 2 assessments due to an E. coli PMCL violation shall include in the report the text specified in subdivisions F 1 and F 2 of this section, filling in the blanks accordingly, and shall include in the report the text specified in subdivision F 3 of this section, if appropriate. An owner may use an alternative statement with equivalent information for subdivisions 1, 2, and 3 of this subsection if approved by the department.

1. "We found E. coli bacteria, indicating the need to look for potential problems in water treatment or distribution. When this occurs, we are required to conduct assessments to identify problems and to correct any problems that were found during those assessments."

2. "We were required to complete a Level 2 assessment because we found E. coli in our waterworks. In addition, we were required to take (insert number of corrective actions) corrective actions and we completed (insert number of corrective actions) of these actions."

3. Any owner that has failed to complete the required assessment or correct all identified sanitary defects is in violation of the treatment technique requirement and shall also include one or both of the following statements, as appropriate:

a. "We failed to conduct the required assessment."

b. "We failed to correct all sanitary defects that were identified during the assessment that we conducted."

4. If E. coli is detected in a waterworks and the E. coli PMCL is violated, in addition to completing the table as specified in subdivision C 3 d of this section, the owner shall include one or more of the following statements to describe any noncompliance, as applicable:

a. "We had an E. coli-positive repeat sample following a total coliform-positive routine sample."

b. "We had a total coliform-positive repeat sample following an E. coli-positive routine sample."

c. "We failed to collect all the required repeat samples following an E. coli-positive routine sample."

d. "We failed to test for E. coli when any repeat sample tested positive for total coliform."

5. If E. coli is detected in a waterworks and the E. coli PMCL is not violated, in addition to completing the table as specified in subdivision C 3 d of this section, the owner may include a statement that explains that although E. coli was detected, the owner is not in violation of the E. coli PMCL.

G. Waterworks required to comply with lead and copper control. Effective July 1, 2027:

1. The report shall notify consumers that complete lead tap sampling data are available for review and shall include information on how to access the data.

2. The report shall include a statement that a service line inventory (including inventories consisting only of a statement that there are no lead, galvanized requiring replacement, or lead status unknown service lines) has been prepared and include instructions to access the publicly available service line inventory. If the service line inventory is available online, the report must include the direct link to the inventory.

3. The report shall contain a plainly worded explanation of the corrosion control efforts the system is taking in accordance with 12VAC5-590-375 and 12VAC5-590-405. Corrosion control efforts consist of treatment (e.g., pH adjustment, alkalinity adjustment, or corrosion inhibitor addition) and other efforts contributing to the control of the corrosivity of water, including monitoring to assess the corrosivity of water. The owner may use one of the following templates or use an explanation that includes equivalent information.

a. For a waterworks with department or EPA-designated Optimal Corrosion Control Treatment:

(1) "Corrosion of pipes, plumbing fittings, and fixtures may cause lead and copper to enter drinking water. To assess corrosion of lead and copper, (name of waterworks) conducts tap sampling for lead and copper at selected sites (insert frequency at which system conducts tap sampling). (Name of waterworks) treats water using (identify treatment method) to control corrosion, which was designated as the optimal corrosion control treatment by (the state or EPA, as applicable). To ensure the treatment is operating effectively, (name of waterworks) monitors water quality parameters set by the (state or EPA, as applicable) (insert frequency at which waterworks conducts water quality parameter monitoring)."

(2) If applicable add: "(Name of waterworks) is currently conducting a study of corrosion control to determine if any changes to treatment methods are needed to minimize the corrosivity of the water."

b. For a waterworks without state or EPA designated Optimal Corrosion Control Treatment:

(1) "Corrosion of pipes, plumbing fittings and fixtures may cause metals, including lead and copper, to enter drinking water. To assess corrosion of lead and copper, (name of system) conducts tap sampling for lead and copper at selected sites (insert frequency at which waterworks conducts tap sampling)."

(2) If applicable, add: "(Name of waterworks) treats water using (identify treatment method) to control corrosion."

(3) If applicable add: "(Name of waterworks) is currently conducting a study of corrosion control to determine if any changes to treatment methods are needed to minimize the corrosivity of the water."

H. Report delivery, reporting, and recordkeeping.

1. Except as provided in subdivision 7 of this subsection, the owner of a community waterworks shall directly deliver one copy of the report to each customer.

a. An owner shall use, at a minimum, one of the following forms of delivery:

(1) Mail or hand deliver a paper copy of the report;

(2) Mail a notification that the report is available on a website via a direct link;

(3) Email a direct link or electronic version of the report; or

(4) Use another direct delivery method approved in writing by the department.

b. An owner using electronic delivery methods in subdivisions 1 a (2), 1 a (3), and 1 a (4) of this subsection shall provide a copy of the report to any customer upon request. The notification method must prominently display directions for requesting a copy of the report.

c. An owner that chooses to electronically deliver a report by posting the report to a website and providing a notification either by mail or email:

(1) Shall make the report publicly available on the website at the time the notification is made;

(2) Shall prominently display the link and include an explanation of the nature of the link; and

(3) May use a web page to convey the information required in this section.

d. An owner that uses a publicly available website to provide a report must maintain public access to the report for no fewer than three years.

2. The owner of a community waterworks shall make a good faith effort to reach consumers who do not receive water bills, such as renters or workers, using means recommended by the department. This good faith effort shall include a mix of the following methods to reach the broadest range of persons served by the waterworks:

a. Posting the reports on the Internet;

b. Mailing the report or postcard with a link to the report to all service addresses or postal customers;

c. Advertising the availability of the report in the news media;

d. Publishing in a local newspaper or newsletter;

e. Posting a copy of the report or notice of availability with links or equivalents, such as quick response (QR) codes, in public places such as cafeterias or lunchrooms of public buildings;

f. Delivering multiple copies for distribution by single-biller customers such as apartment buildings or large private employers;

g. Delivering to community organizations;

h. Using an opt-in notification system to send emails or texts with links to the reports to interested consumers;

j. Holding a public meeting to educate consumers on the reports; and

i. Other methods as approved by the department.

Where the owner is aware that the waterworks serves a substantial number of non-bill paying customers, the owner is encouraged to directly deliver the reports or notices of availability of the reports to service addresses. Where the owner is aware of a substantial number of bill-paying consumers without access to electronic forms of the report, the owner should use at least one non-electronic form of delivery.

3. No later than 10 days after the date the owner is required to distribute the report to waterworks customers, the owner of a community waterworks shall provide a copy of the report to the department and a certification that the report has been distributed to customers and that the information in the report is correct and consistent with the compliance monitoring data previously submitted to the department.

4. No later than the date the owner is required to distribute the report to its customers, the owner of a community waterworks shall deliver the report to any other agency or clearinghouse identified by the department.

5. The owner of a community waterworks shall make its reports available to the public upon request. The owner should make a reasonable effort to provide the reports in an accessible format to anyone who requests an accommodation.

6. The owner of a community waterworks serving 50,000 or more persons shall post the waterworks' current year's report to a publicly accessible site on the Internet.

7. The Governor or the Governor's designee can waive the requirement of subdivision 1 of this subsection for community waterworks serving fewer than 10,000 persons.

a. The owner of such a waterworks shall:

(1) Publish the reports in one or more local newspapers or on one or more local online news sites serving the area in which the system is located;

(2) Inform the customers that the reports will not be mailed, either in the newspapers in which the reports are published or by other means approved by the department; and

(3) Make the reports available to the public upon request.

b. The owner of a waterworks serving 500 or fewer persons may forgo the requirements of subdivisions 7 a (1) and 7 a (2) of this subsection if the owner provides notice that the report is available upon request at least once per year to the customers by mail, door-to-door delivery, or by posting in one or more locations where persons served by the waterworks can reasonably be expected to see it.

8. The owner of a community waterworks shall retain copies of the report for no fewer than three years.

9. The owner of a waterworks serving 100,000 or more persons shall develop a plan for providing assistance to consumers with limited English proficiency. The owner shall evaluate the languages spoken by persons with limited English proficiency served by the waterworks and the owner's anticipated approach to address translation needs. The owner shall provide the first plan to the department with the first report in 2027. Plans shall be evaluated annually and updated as necessary and reported with the certification required in subdivision 3 of this subsection.

10. Delivery timing and biannual delivery:

a. Each owner of a community waterworks shall distribute reports by July 1 each year. Each report distributed by July 1 shall use data collected during, or prior to, the previous calendar year using methods described in subdivision 1 of this subsection.

b. Beginning January 1, 2027, each owner of a community waterworks serving 10,000 or more persons shall distribute the report biannually, or twice per calendar year, by December 31 using methods described in subsection 1 of this section.

c. Beginning January 1, 2027, an owner required to comply with subdivision 10 b of this subsection with a violation or action level exceedance that occurred between January 1 and June 30 of the current year or that has received monitoring results from required monitoring under the Unregulated Contaminant Monitoring Rule in 40 CFR 141.40 shall include a six-month update with the second report with the following:

(1) A short description of the nature of the six-month update and the biannual delivery.

(2) If a waterworks receives an MCL, MRDL, or treatment technique violation, the six-month update shall include the applicable contaminant section information in subdivision C 4 of this section and a readily understandable explanation of the violation, including: the length of the violation, the potential adverse health effects, actions taken by the system to address the violation, and timeframe the waterworks expects to complete those actions. To describe the potential health effects, the owner must use the relevant language of 12VAC5-590-546 B.

(3) If a waterworks receives any other violation, the six-month update shall include the information in subdivision C 6 of this section.

(4) If a waterworks exceeded the lead action level following monitoring conducted between January 1 and June 30 of the current year, the owner shall include information identified in subdivisions C 4 d (4) and C 8 of this section.

(5) For a waterworks monitoring under the Unregulated Contaminant Monitoring Rule in 40 CFR 141.40 that becomes aware of results for samples collected during the reporting year that were not included in the reports distributed by July 1, the owner shall include information as required by subdivision C 4 e of this section.

I. Summary of report contents.

1. Each report shall include a summary displayed prominently at the beginning of the report, including a brief description of the nature of the report.

2. The owner shall include, at a minimum, the following information in the summary:

a. Summary of violations and compliance information included in the report required by subdivision C 6 of this section, 12VAC5-590-379 for groundwater systems, and 12VAC5-590-380.

b. Contact information for owner, operator, or designee of the community waterworks as a source of additional information concerning the report pursuant to subdivision C 7 b of this section.

3. If applicable, the owner of a waterworks shall include the following in the summary:

a. For a waterworks using delivery methods in subdivision H 1 a of this section, directions for consumers to request a paper copy of the report, as described in subdivision 2 b of this subsection.

b. For a waterworks subject to subdivision H 9 of this section because it serves a large proportion of consumers with limited English proficiency, information where consumers may obtain a translated copy of the report or get assistance in the appropriate language.

c. For a waterworks using the report to also meet the public notification requirements of 12VAC5-590-540, specify that the waterworks is also serving to provide public notification of one or more violations or situations and provide a brief statement about the nature of the notice and a brief description of how to locate the notice in the report.

4. The summary should be written in plain language and may use infographics.

5. For a waterworks required to include a six-month update with the second report under subdivision H 10 of this section, the summary should include a brief description of the nature of the report and update, noting the availability of new information for the current year (between January and June).

6. The report summary shall include the following standard language to encourage the distribution of the report to all persons served: "Please share this information with anyone who drinks this water (or their guardians), especially those who may not have received this report directly (for example, people in apartments, nursing homes, schools, and businesses). You can do this by posting this report in a public place or distributing copies by hand, mail, email, or another method."