£ I SB Providing Safe Drinking Water in America 2009 National Public Water Systems Compliance Report 2009 National Public Water Systems Compliance Report 2009 National Public Water Systems Compliance Report 2009 National Public Water Systems Compliance Report 2009 National Public Water Systems Compliance Report 2009 National Public Water Systems Compliance Report 2009 National Public Water Systems Compliance Report 2009 National Public Water Systems Compliance Report 2009 National Public Water Systems Compliance Report 2009 National Public Water Systems Compliance Report 2009 National Public Water Systems Compliance Report 2009 National Public Water Systems Compliance Report 2009 National Public Water Systems Compliance Report 2009 National Public Water Systems Compliance Report 2009 National Public Water Systems Compliance Report 2009 National'.Public Water Systems Compliance Report 2009 National Public Water Systems Compliance Raport 2009 National Public Water Systems Compliance Report 2009 National Public Wrfter Systehjs Compliance Report 2009 National Public Jr \ ' Water Systems Compliance Report 2009 National Publi&Water Systems Compliance Report 2009 f fc " National Public Water Systems Compliance Report 3^)9 National Public Water Systems Compliance Report 2009 National Public Water Systems Compliance Report 2009 National Public Water Systems Compliance Report 2009 National Public Water'Systems Compliance Report 2009 National Public Water Systems Compliance Report 2009 National Public Water Systems Compliance Report 2009 National Public Water Systems Compliance Report 2009 National Public Water Systems Compliance R^K 2009 National Public Water Systems Compliance Report 2009 National Public Water Systems Compliance Report 2009 National Public Water Systems Compliance Report 2009 National-Public Water Systems Compliance Report 2009 National Public Water Systems Compliance Report 2009"'National Public Water Systems Compliance Report 2009 National Public Water Systems Compliance Report 2009 National Public Water Systems Compliance Report 2009 National Public Water Systems Compliance Report 2009 National Public Water Systems Compliance Report 2009 ------- Office of Enforcement and Compliance Assurance (2201 A) Washington, DC 20460 EPA DOCUMENT 305R11001 May 16, 2011 ------- TABLE OF CONTENTS Executive Summary 1 Introduction 4 Part 1. Summary of Compliance and Enforcement at Public Water Systems throughout the U.S., including Those in Indian Country 7 Part 2. Summary of Compliance, Enforcement, and Financial Assistance at Public Water Systems in Indian Country 13 Part 3. Conclusions and Recommendations 18 APPENDIX A Glossary of Terms APPENDIX B Summaries of State Annual Compliance Reports ------- Executive Summary EPA is directed by the Safe Drinking Water Act (SDWA) to annually report on Public Water System (PWS) compliance in the United States. To meet this requirement, EPA's Office of Enforcement and Compliance Assurance (OECA) publishes the National Public Water Systems Compliance Report (Report). The Report for 2009 documents that, while the majority of the U.S. population served by PWSs receives safe drinking water, many systems incurred significant violations of Federal drinking water quality standards. Additionally, EPA and primacy agencies need to work together to improve data quality, which affects EPA's ability to accurately calculate the extent of noncompliance. EPA's new Enforcement Response Policy (ERP) issued on December 8, 2009, establishes a water system-based approach to defining, prioritizing, and addressing noncompliance with Federal requirements. The ERP is expected to be instrumental in improving compliance trends. In 2009, there were 153,399 public water systems in the U.S., serving over 300 million users. Small systems comprise the vast majority of all systems. Noncompliance occurs more frequently at smaller systems often because they may have fewer resources to operate and maintain compliance. For this reason, EPA, states, and other organizations provide significant resources to small water systems to build their capacity to properly finance, operate, and maintain their drinking water systems. Among other mechanisms to support small systems, EPA funds third-party technical assistance providers and eight university-based technology assistance centers, conducts on-site visits and maintains multiple, free online financial and technical websites. Overall Compliance Is Improving EPA has tracked the number of PWSs reported to be in significant noncompliance - a category of noncompliance EPA has historically used to identify the most serious violations - with at least one rule at the same point in time on annual bases. From a high of 12,596 systems in July 2006, the number of systems in the U.S. in significant noncompliance, including those in Indian country, decreased to 6,626 systems in 2009. The number of systems in significant noncompliance in Indian country alone also decreased slightly. However, the incidence of significant violations ~ that is, any health-based violation or certain monitoring and reporting violations where the facility fails to report ~ reported to EPA remained relatively stable between 2006 and 2009. The most frequently reported violations continue to be monitoring and reporting violations. This is important because if a system fails to monitor and/or report on the quality of its water, it is impossible to know whether drinking water standards have been exceeded. EPA believes that noncompliance is too high, and that more needs to be done to improve compliance. One tool EPA is utilizing is public access to data about drinking water compliance and enforcement performance through this report and the Agency's ECHO public website at http://www.epa- echo.gov/echo/. Compliance and E nforcement at PWSs in U.S., I ncluding I ndian Country Approximately 28 percent of all systems in the U.S. had at least one significant violation reported in 2009. This rate is comparable to those reported in previous years. The data submitted by primacy agencies indicate that 7 percent of all public water systems in the U.S., serving approximately 17,693,000 users, had violations of health-based standards in 2009. In 2009, about 18 percent of all public water systems had significant monitoring and reporting violations. ------- Compliance and E nforcement in I ndian Country Approximately 52 percent of all systems in Indian country had at least one significant violation reported in 2009. This rate is lower than in 2008 and represents a slight downward trend since 2006. However, this compares with 28 percent of systems in the U.S. as a whole. EPA regions reported that 14 percent of public water systems in Indian country had health-based violations in 2009 (119 systems). These systems served 177,900 customers. EPA regions reported that 41 percent of systems in Indian country had significant monitoring and reporting violations in 2009. Source and Quality of Data Used for this Report The data summarized in this report are housed in the Safe Drinking Water Information System/Federal Version (SDWIS/FED). Public water systems are required to sample and test their water and report the results to the agency with primacy for implementing SDWA-usually the state in which the system is located, or to EPA if the system is in Indian country. The primacy agency reviews the test results and other required reports and determines whether a violation has occurred. The primacy agency is required by EPA to report all violation and enforcement data into SDWIS/FED; a finding of compliance is not required to be reported to EPA. Over the past decade, EPA has evaluated state programs' data quality by conducting data verification audits and triennial national data quality assessments, comparing primacy agencies' files and records with information in SDWIS/FED to verify accuracy, completeness and whether compliance determinations are made in accordance with Federal regulations. The most recent review of 38 states, published in 2006, found that data in SDWIS/FED were incomplete; however, the health-based violation data that were present in the database were 94% accurate. EPA recognizes that the findings in this report likely underestimate the actual level of noncompliance at PWSs in 2009. EPA continues to work with its state partners to identify and resolve problems that may have produced data discrepancies in the past and to ensure that complete and accurate documentation is available to help assess the safety of the nation's drinking water. Recommendations In December 2009, EPA issued a new policy for prioritizing systems needing state or EPA action to address noncompliance. The prioritization takes into account a system's compliance with all drinking water rules combined rather than rule by rule, as was historically done. The policy also establishes a six- month time period within which formal enforcement is to be initiated if assistance or informal enforcement does not quickly return a system to compliance with all rules. An important component of implementing this new policy is ensuring that compliance and enforcement data are entered accurately, completely, and in a timely manner by all primacy agencies. EPA is confident that these efforts will better target enforcement resources to systems that pose the greatest risk to public health, and will help improve the quality and quantity of data available to the public, and for monitoring and implementing the Safe Drinking Water Act (SOWA). This new enforcement approach is expected to continue to yield benefits for EPA, primacy agencies and the public. EPA expects that compliance rates and data quality will improve as the approach becomes well established. The approach will improve EPA's ability to ensure primacy agencies' performance in ------- returning systems to compliance in a timely manner, including initiating formal enforcement when necessary. EPA recognizes that enforcement may not be effective in all cases, and devotes considerable resources to small system capacity development in the form of compliance, managerial, financial, and technical assistance. ------- 2009 National Public Water Systems Compliance Report I ntroduction Purpose of Report The National Public Water Systems Compliance Report summarizes and evaluates annual reports submitted by primacy agencies1 regarding compliance at public water systems (PWSs) of all types and sizes in the U.S. in calendar year 2009. The information in this report summarizes PWS noncompliance with the National Primary Drinking Water Regulations (NPDWRs) at the national and state levels, and does not provide information about specific water systems. This report is compiled annually as required by Section 1414(c)(3)(B) of the Safe Drinking Water Act (SDWA). The report includes the following: Part 1: Summary of compliance and enforcement at PWSs throughout the U.S (including those in Indian country) Part 2: Summary of compliance, enforcement, and financial assistance at public water systems in Indian country Part 3: Conclusions and recommendations Appendices: Evaluation of reports submitted by primacy agencies Scope of Report This report summarizes significant violations at all public water systems of all types and sizes throughout the U.S. and in Indian country for 2009. A public water system (PWS) is a system that provides water for human consumption, if such system has at least 15 service connections or regularly serves at least 25 individuals at least 60 days out of the year. EPA does not have the authority to regulate private drinking water wells that do not meet the above criteria. Public water systems can be categorized by type: Community - A water system that serves the same population throughout the year. Eighty-two percent (82%) of these systems are small. Non-Transient/Non-Community - A public water system that regularly supplies water to at least 25 of the same people at least six months per year, but not year-round. Some examples are schools, factories, office buildings, and hospitals which have their own water systems. Ninety-nine percent (99%) of these systems are small. Transient/Non-Community - A public water system that provides water in a place such as a gas station or campground where people do not remain for a long period of time. Almost one hundred percent (99.9%) of these systems are small. System size is determined by the size of the population served by the system: 1 Federal approval to implement the drinking water program is called primary enforcement authority, or "primacy." The term "primacy agency" includes 55 states, commonwealths, and territories that have been approved to implement the drinking water program within their jurisdictions. It also includes the Navajo Nation. During calendar year 2009, EPA directly implemented the drinking water program in Wyoming, the District of Columbia, and throughout all of Indian country, other than the Navajo Nation. EPA is responsible for reporting violations in areas where the Agency directly implements the program. ------- Very small - serving 500 or fewer users Small - serving 501 to 3,300 users Medium - serving 3,301 to 10,000 users Large - serving 10,001-100,000 users Very large - serving more than 100,000 users Because of the relationship between system size and the ability to achieve and maintain compliance, the findings in this report are discussed in terms of system size. In addition, data on very small and small systems are grouped together for discussion purposes in this report, as are data on large and very large systems. System size can be linked to a system's ability to maintain or return to compliance following a violation of a drinking water standard. In general, larger public water systems have the capacity to maintain compliance more easily than small systems and can return to compliance more quickly than small systems. This disparity is often the result of differences in financial, administrative, and technical capacity between large and small systems. Small systems have fewer customers from whom to collect the funds to purchase and install needed infrastructure and to operate and maintain the system. Similarly, small systems may be unable or unwilling to charge users rates that are lower than the true cost of collecting, treating, and distributing the water. Lack of funding may cause small systems to delay needed capital improvements. Small systems (particularly noncommunity water systems) are often overseen by part-time administrators who are not environmental professionals, and the pay for the system operators may not be adequate to attract and keep someone with the necessary training and skills. If there are violations, small systems may not have the financial or technical capabilities to correct the underlying problems. However, EPA believes that noncompliance at any system, irrespective of size, is an issue that should be addressed as expeditiously as possible. EPA's goal is to ensure that all citizens, including those in Indian country, are provided safe drinking water. The SDWA PWSS Enforcement Response Policy reiterates that formal enforcement action should be taken when assistance or informal enforcement action does not effectively return a system to compliance in a timely manner, regardless of the size, type, owner, operator or location of the system. This report discusses the incidence of significant violations as defined by the Safe Drinking Water Act, including: all violations of health-based standards, including exceedances of Maximum Contaminant Limits (MCLs) and violations of treatment technique requirements; significant notification violations (i.e., complete failure to provide required notification); and significant monitoring and reporting violations (usually meaning a system took no sample or reported no results during a compliance period. See Table A-l). EPA guidance establishes a framework for prioritizing systems for formal enforcement in order to ensure that those with the most severe violations are addressed. For each drinking water rule, the most serious violations or combination of frequent or persistent violations are considered significant noncompliance (SNC). Source and Quality of Data The data summarized in this report are housed in the Safe Drinking Water Information System/Federal Version (SDWIS/FED). Public water systems are required to take samples and test their water and report the results to the agency with primacy for implementing SDWAusually the state in which the system is located, or to EPA if the system is in Wyoming, the District of Columbia, or Indian country. The primacy agency reviews the test results and other required reports and determines whether a violation has ------- occurred. The primacy agency is required by EPA to enter all violation and enforcement data into SDWIS; a finding of compliance is not required to be entered into SDWIS. EPA has evaluated state programs' data quality by conducting data verification audits and triennial national data quality assessments, comparing primacy agencies' files and records with information in SDWIS/FED to verify accuracy, completeness and whether compliance determinations are made in accordance with Federal regulations. The most recent review of 38 states, published in 2006, reported the following findings: Approximately 81 percent of the maximum contaminant level (MCL) and surface water treatment technology (SWTRTT) violations were reported to SDWIS/FED. Including lead and copper treatment technique (LCR TT) violations, about 62 of health-based (MCL and TT) violations were reported to SDWIS/FED, where only 8 percent of lead and copper rule TT violations were reported. Only approximately 30 percent of the monitoring and reporting (M/R) violations were reported to SDWIS/FED. The primary reason for non-reporting was compliance determination error. Ninety-four percent (94%) of health-based violation data reported in SDWIS/FED were accurate. Sixty percent of health-based violations, excluding lead and copper TT violations, and 30 percent of monitoring and reporting violations were reported on time to SDWIS/FED in 2004. While data completeness is clearly a serious issue, a detailed discussion of the data quality findings is beyond the scope of this document. The full report, 2006 Drinking Water Data Reliability Analysis and Action Plan, is available online at http://www.epa.gov/ogwdw/databases/pdfs/report data datareliabilitv 2006.pdf Based on the incompleteness of the violation data reported by states, EPA recognizes the findings in this report may underestimate the actual level of noncompliance at PWSs in 2009. EPA is making information about these violations more transparent to the public as one way to improve data completeness. EPA continues to work with its state partners to identify and resolve problems that may have produced data discrepancies in the past and to ensure that complete and accurate documentation is available to help assess the safety of the nation's drinking water. ------- Part 1. Summary of Compliance and E nforcement at PWSs throughout the U.S. (I ncluding Those in Indian Country) I nventory of Public Water Systems by Size The number of systems operating in 2009 was 153,399. The proportion of small systems to the total number of systems remained consistent with previous years at 94%. PWSs in U.S. by Size Total Number of PWSs = 153,399 3% I Small I Medium Large 94% Population Served by PWS Size 2009 U.S. Population 307 million 13% of pulation 78% of population 9% of population I Small I Medium Large Small systems comprise the vast majority of all systems, but they serve just 13% of all customers. Small systems include those serving communities with populations of 3,300 or fewer, as well as offices, schools, hospitals, gas stations and parks with their own water systems. Large systems serve communities with populations of 10,001 or greater. These comprise 3 percent of all systems but serve 78 percent of all customers. Because 3 percent of systems are medium-sized and because they serve just 9 percent of customers, they are not discussed separately in this report. Data on medium-sized systems are included in the discussion of large systems. Systems with Significant Violations of Any Type In 2009, about 73 percent (111,196) of public water systems in the U.S., serving approximately 81 of the population, had no significant violation of any type, as reported by primacy agencies. Please note that all references to populations served throughout this report are approximate, because most consumers receive drinking water from more than one system (e.g., at home, at work, at parks or commercial establishments, etc.). Therefore, adding the number of users of all system types would result in a number greater than the entire U.S. population. ------- Significant violations were reported for 42,203 systems in 2009, representing about 28 percent of all active systems. This rate remained stable between 2006 and 2009. Number of Systems with Significant Violations 2006-2009 2006 2007 2008 2009 Note: The total number of systems declined from about 156,182 in The types of violations that were reported by these 42,203 systems are shown below. Note that the total of the numbers in the graph is greater than the 42,203 systems that violated at least one rule, because some systems have violated multiple types of rules. Number of Systems with Significant Violations by Violation Type - 2009 Total Number of PWSs = 153,399 30,000 27'094 20,000 Health-based Monitoring Consumer Public and Reporting Confidence Notification Systems with Health-Based Violations EPA's health-based standards are designed to reduce or eliminate contaminants that can negatively impact human health even with limited exposure. Health-based standards include MCLs and Treatment Techniques (TTs). An MCL is the highest level of a contaminant that is allowed in drinking water. A TT is a required treatment process (such as filtration or disinfection) intended to prevent the occurrence of or deactivate a contaminant in drinking water. Treatment Techniques are adopted where it is not economically or technologically feasible to monitor the level of a contaminant, such as microbes, where even single organisms that occur unpredictably or episodically can cause adverse health effects. ------- It is important to note that when a public water system violates a health-based standard, the consumers of that system may be at an increased risk of illness depending upon several factors, including the type and concentration of the contaminant, and the duration and the magnitude of the exceedance. Systems that exceed MCLs are required to notify their consumers about the possibility of these increased health risks. This report categorizes violations of the health-based standards in five categories: Chemical Contaminants-This category includes rules for organic, volatile organic, inorganic (except for lead and copper), and radioactive contaminants. Compliance with many organic and inorganic standards is determined on the basis of a sample being analyzed for multiple contaminants, with one missed sample resulting in monitoring and reporting violations for each of those contaminant standards. Total Coliform Rule (TCR)-Coliform bacteria are usually not a threat to humans, but their presence in drinking water can indicate a lapse in treatment and the possible presence of other, more dangerous microbes. Microbial Contaminants-These contaminants are addressed by the long-term interim enhanced surface water treatment rule (LTIESWTR), surface water treatment rule (SWTR), interim enhanced surface water rule (IESWTR), and filter backwash recycling rule (FBRR). This report groups these rules under SWTR. Lead and Copper Rule (LCR). Stage 1 Disinfectants and Disinfection Byproducts Rule). Based on data reported by primacy agencies, 93 percent of systems (142,784) had no reported violations of health-based standards. Conversely, 7 percent of systems (10,615) had reported health-based violations. These systems served approximately 17.7 million customers in 2009. Systems with Monitoring and Reporting Violations If a system does not monitor the quality of its water, it is impossible for primacy agencies to know whether the system has violated a health-based requirement. For this reason, a system's failure to monitor and report is a significant violation that must be addressed and corrected. In 2009, about 18 percent of all public water systems had significant monitoring and reporting violations (27,094 systems). Approximately 30 percent of these systems had at least one violation of monitoring and reporting requirements of the Total Coliform Rule. Contaminant-Related Violations Reported Most Frequently In 2009, primacy agencies reported 18,169 health-based violations. In 2009, 50% of reported health- based violations were for the Total Coliform Rule (TCR), making it the most frequently reported health- based violation in 2009. In 2009, primacy agencies reported 77,699 significant monitoring and reporting violations. Monitoring and reporting violations for the Chemical Contaminant Group were the most frequent monitoring and reporting violations in 2009, at 46%. ------- Significant Contaminant-Related Violations by Type - 2009 Number of Health-Based Violations = 18,169 Number of Monitoring & Reporting Violations = 77,699 100% Chemical TCR Contaminants LCR SWTR DBPP I Health-Based Monitoring & Reporting As context for the total number of violations occurring in a year, it is important to note that public water systems are subject to numerous rules and standards, depending on their size, type, and source of water. A large system may be required to sample as many as 480 times in one month under TCR, with the potential for 5,760 health-based violations in a year for that rule at that one system. A small system may be required to sample just once a month under the same rule. Similarly, failure to take one required sample that is used to test for multiple contaminants results in separate monitoring and reporting violations for each contaminant tested for in the sample. Systems with Violations of Variances or Exemptions Under Federal law, states and EPA can grant variances or exemptions to public water systems in limited circumstances allowing them to install alternative technology or giving them more time to meet a standard if public health is adequately protected in the interim. No violations of variances or exemptions were reported by the primacy agencies during 2009. State and EPA Response to Violations Assistance Primacy agencies and EPA engage in a variety of compliance, financial and technical assistance activities to help public water systems either remain in and return to compliance. Examples include: Conducting on-site visits and sanitary surveys at public water systems (e.g., an on-site review of the water sources, facilities, equipment, operations, and maintenance to evaluate their adequacy in producing and distributing safe drinking water); Helping systems identify and implement preventive measures; Providing financial assistance for system improvements through the Drinking Water State Revolving Fund and other state funding programs; Reviewing water system plans and specifications; Conducting training sessions; Holding public information meetings; Lending specialized monitoring equipment; and Publishing information and providing training events and other educational opportunities. 10 ------- E nforcement When a drinking water violation is identified and a system does not resolve their violation on their own, or compliance assistance or other non-enforcement actions such as those listed above do not return the violating system to compliance, EPA program implementation guidelines direct the primacy agency to initiate an enforcement response. Acceptable enforcement responses are defined in part by the Safe Drinking Water Act and in part by EPA guidance. Acceptable actions include a variety of escalating informal and formal actions as the state or EPA attempts to return a violating public water system to compliance as quickly as possible. Generally, the primacy agency's first responses to violations are informal actions such as reminder letters, warning letters, notices of violation, field visits, and telephone calls. In 2009, primacy agencies initiated 169,015 informal actions. If a violation continues or recurs, the primacy agency must initiate a formal enforcement response that requires the violating public water system to return to compliance under an enforceable timetable. Formal enforcement responses include citations, administrative orders with or without penalties, civil referrals to state attorneys general or to the Department of Justice, filing criminal charges, and other sanctions. If there is risk to public health, EPA and the state can issue emergency orders that require the public water system to immediately take action to protect public health and return the system to compliance. Prioritization of Systems for F ormal E nforcement EPA guidance establishes a framework for prioritizing systems for formal enforcement to ensure that those with the most severe violations are addressed quickly. Most drinking water rules contain a specific definition of significant noncompliance (SNC) specific to that rule, i.e., the violations or combination of frequent or persistent violations that are considered the most serious. A system may be in significant noncompliance with more than one rule at the same time. Once a system is determined to be in significant noncompliance, the system must return to compliance within six months or the primacy agency or EPA will take formal enforcement action. As indicated earlier in this report, data reported by primacy agencies indicated that about 28 percent of systems had significant violations in 2009. EPA prioritized those systems to identify those in significant noncompl iance and the highest priority for action by the primacy agency. EPA determined that 13,547 systems (approximately 9 percent of all systems) were in SNC at some time during calendar year 2009. o Of the 9 percent of systems in SNC in 2009, over 91 percent were small systems. EPA monitors the number of systems in SNC in each state and in Indian country. To assist states and other primacy agencies in reducing the number of systems in SNC, EPA, in 2006, requested that states address all violations at systems in significant noncompliance, not just the violations that caused them to become significant non-compliers. In the past some states only addressed significant noncompliance on a rule-by-rule basis and did not address other minor violations. The result was that a system could return to compliance with one rule but still remain in significant noncompliance for other rules or otherwise have violations for other rules. This "whole system" approach led to the number of systems in SNC decreasing from 12,596 systems in July 2006 to 6,626 in July 2009 (a 47% reduction). EPA fully expects the number of systems in significant noncompliance to continue this downward trend as this approach continues. 11 ------- Number of Systems insignificant IMoncompliance July 2006-July 2009 12,590 July200S July2007 July 2008 July 2009 Mote: The total number of systems declined from about 15b,lS2in 200bto 15 3,399 in 2009. In 2009, primacy agencies initiated 4,609 formal enforcement actions in response to drinking water violations at public water systems in their jurisdictions. The vast majority of these actions were taken by primacy states. EPA has primacy in Wyoming, the District of Columbia, and in Indian country, except for the Navajo Nation. EPA's actions were primarily in these areas where it has primacy. EPA has also initiated enforcement action in primacy states, often at a state's invitation. 6000 State and EPA Formal Enforcement Actions at PWSs 2006-2009 5570 3966 4609 I States I EPA 2006 2007 2008 2009 Not all significant noncompliance requires formal enforcement action. Some systems return to compliance on their own without the need for enforcement. Further, EPA guidance allows primacy agencies to address a system's violations with informal actions before proceeding to formal enforcement if the violation remains uncorrected. Enforcement actions often address multiple violations at the same system. Finally, enforcement actions initiated in one year may address violations that first occurred in the previous year. 12 ------- Part 2. Summary of Compliance, E nforcement, and Financial Assistance at PWSs in I ndian Country I mplementation of SDWA in I ndian Country Tribes may apply for eligibility to receive primary enforcement authority (known as primacy) to administer the drinking water program provided they meet the requirements of Sections 1413 and 1451 of the Safe Drinking Water Act (SDWA). As of 2009, only the Navajo Nation had received primacy for most public water systems on the Navajo Reservation. EPA administers the drinking water program in the rest of Indian country. Compliance figures for Alaska Native Villages outside of Indian country are not included in this section of the report. The Alaska Native Villages are not Federally-recognized tribes; therefore, the state of Alaska is the primacy agency with oversight of these water systems. Similarly, compliance figures for 18 public water systems in Indian country located in Oklahoma are not included in this section of the report. Oklahoma is the primacy agency for these 18 Federally-recognized systems in Indian country. Most of the Indian population in Oklahoma is served by public water systems not located on tribal trust land. For those systems located on trust land that request to be regulated by EPA, Region 6 is the primacy agency for reporting purposes. In cases where the state retains primacy, this information is found in the state reports for Alaska and Oklahoma, respectively. However, the state reports do not contain separate information on these public water systems. I nventory of Public Water Systems by Size In 2009, 829 systems served just over 1 million users in Indian country. Small systems comprise 92 percent of all systems in Indian country. These small systems served approximately 40 percent of the people who received water from public water systems. This is in contrast to the U.S. as a whole including Indian country, where small systems comprise 94 percent of all systems and serve approximately 13 percent of all customers. The percentage of small PWSs in Indian country with violations is greater than the percentage of small PWSs outside of Indian country with violations. Thus, customers of PWSs in Indian country are disproportionately affected by noncompliance challenges shared by small systems. PWSs in Indian Country by Size in 2009 Total Number of PWS = 829 6% 2% ISmall I Medium Large 92% Population Served in Indian Country by PWS Size in 2009 Total population served = 1,050,926 30% 40% 30% ISmall Medium Large 13 ------- Systems with Significant Violations of Any Type In 2009, primacy agencies reported that 48 percent or 396 of the 829 public water systems in Indian country, serving approximately 557,000 customers, had no significant violation of any type. Conversely, 52 percent of systems had at least one significant violation reported, almost twice the rate outside of Indian country (28%). This rate has been comparable from 2006-2009, the period for which trends were calculated. EPA considers this percent of significant violations to be too high, and that further actions are necessary to improve noncompliance. Systems with Significant Violations in Indian Country 2006-2009 July 2006 July 2007 July 2008 July 2009 Note: The total number of systems in Indian country fluctuated between 817 and 829 systems from 2006-2009. The types of violations reported by the 433 systems (52%) are shown below. Monitoring and reporting violations comprise the most frequently reported violations of all types across the U.S. and in Indian country alone. Note that the total of the numbers in the graph is greater than the 433 systems that violated at least one rule because one system may have violated multiple types of rules. 400 Systems with Significant Violations in Indian Country by Type - 2009 Total Number of Systems = 829 Health-based Monitoring and Reporting Consumer Confidence Public Notification 14 ------- Systems with Health-Based Violations Fourteen percent of systems (119 systems) in Indian country had health-based violations in 2009. These systems served 177,900 or 17 percent of customers in 2009. Systems with Significant Monitoring and Reporting Violations If a system did not monitor the quality of its water, it is impossible to know if it has violated health-based requirements. For this reason, a system's significant failure to monitor and report is a major violation that must be addressed and corrected. Overall the most frequently reported violations are monitoring and reporting violations, both inside Indian country and outside. In 2009, 336 systems (41%) had significant monitoring and reporting violations. Contaminant-Related Violations Reported Most Frequently The most frequently reported contaminant-related violation (67%) among all systems in Indian country in 2009 was monitoring and reporting under the Chemical Contaminant Group. In 2009, exceedances of the MCL for the Chemical Contaminant Group were the most frequently violated health-based standards, making up 42% of all health-based violations. 100% 80% 60% 40% 20% 0% Significant Contaminant-Related Violations in Indian Country-2009 Number Health-Based Violations = 293 Number of Monitoring & Reporting Violations = 2351 67% Chemical TCR Contaminants LCR SWTR DBPP I Health-Based Monitoring & Reporting Systems with Violations of Variances or Exemptions No violations of variances or exemptions were reported by the primacy agencies for Indian country during 2009. EPA Response to Violations EPA's Office of Enforcement and Compliance Assurance identified public water system compliance in Indian country as a national priority in fiscal year (FY) 2005. In 2009, EPA continued to devote significant financial and staff resources to improve compliance in Indian country with the SDWA and its implementing regulations. 15 ------- Compliance Assistance EPA's tribal compliance assistance program is designed to help maintain compliance with the SDWA. EPA works in partnership with utility managers, operators, other tribal environmental staff, and tribal elected officials to provide safe, clean drinking water to tribe members. EPA provides compliance assistance to tribal officials through training sessions, newsletters, telephone support, and system visits. EPA and/or its agents provide on-site assistance to assess current compliance status, develop monitoring schedules and compliance plans, and conduct sanitary surveys. EPA coordinates many of these activities with other Federal agencies, including the Indian Health Service, the U.S. Department of Agriculture, and the Bureau of Reclamation. In addition, non- governmental organizations and inter-tribal consortia, including the Native American Water Association, the National Rural Water Association, and the Rural Community Assistance Partnership, work with EPA and the tribal water system officials to meet the SDWA requirements. E nforcement When a public water system in Indian country fails to meet the requirements of the SDWA and implementing regulations, EPA tries to return the system to compliance using compliance assistance. Enforcement actions are taken only if compliance assistance does not remedy the violation or an emergency action is required to immediately protect public health. If an enforcement action is appropriate, EPA can initiate administrative orders, including emergency administrative orders, and refer civil and criminal cases to the Department of Justice. The "EPA Policy for the Administration of Environmental Programs on Indian Reservations" (EPA Indian Policy, 11/8/84) and the "Guidance on the Enforcement Principles Outlined in the 1984 Indian Policy" (EPA Enforcement Principles) guide the Agency's approach to bringing civil administrative or judicial enforcement actions in Indian country. Prioritization of Systems for F ormal E nforcement EPA generally designates a public water system to be in significant noncompliance (SNC) if the system has serious, frequent or persistent violations for a specific regulation that may pose a threat to public health. This enables the states and EPA to prioritize enforcement resources to ensure that the most severe violations are addressed first. A system can be designated in SNC if it has a poor monitoring and reporting history, even if there are no reported health-based violations. Of the 829 public water systems in Indian country, EPA determined that 107 systems (approximately 13%) were in significant noncompliance with one or more drinking water standards at some time during calendar year 2009. This compares with 9% of systems in the U.S. as a whole. EPA believes that this rate of noncompliance is too high and that more needs to be done to improve compliance. 16 ------- Systems in Significant Noncompliance at Least Part of 2009 Number of Systems in U.S. including Indian Country = 153,399 Number of Systems in Indian Country Alone = 829 U.S. including Indian Country Indian Country Alone Of the 107 systems in significant noncompliance, 95 percent of these systems were small. o In 2009, EPA took 15 formal enforcement actions at tribal systems. F inancial Assistance to PWSs in I ndian Country EPA provides financial assistance to public water systems in Indian country to help build water system infrastructure for compliance with the SDWA. In addition, EPA's Indian General Assistance Program provides grants to plan, develop, and establish environmental protection programs, including drinking water programs. Capacity building is a long-term solution that includes providing financial, administrative, and technical assistance as they develop their environmental programs. EPA also uses funds for specific drinking water program priorities. EPA set aside $6,378,300 in FY 2009 for activities to support Tribal Public Water System Supervision (PWSS) Programs. EPA uses these funds to operate the PWSS program in Indian country. The Navajo Nation, as a program with primacy, also received financial support from PWSS funds. These funds are used to implement the PWSS program, including activities such as: Conducting sanitary surveys; Engineering support and on-site technical services to assist tribes with drinking water operations and maintenance. Providing training to tribal operators; Compiling and analyzing compliance information; and Responding to violations. EPA also distributes funds to improve the infrastructure of water systems to achieve compliance. Each year, 1.5% of the appropriation for the national Drinking Water State Revolving Fund program is set aside for American Indian communities and Alaska Native Villages. The FY 2009 set-aside amounted to $12,435,000. These funds are used for: Distribution system improvements; Community water system extensions; Replacement of water mains; Adding new wells; Treatment improvements; Construction of new pumphouses; and Consolidation of systems to leverage resources and achieve economies of scale. Finally, through cooperative agreements with other Federal agencies, small public water systems in Indian country receive training and technical assistance, wellhead and groundwater protection, and source water protection. 17 ------- Part 3. Conclusions and Recommendations Compliance and E nforcement at PWSs in U.S. The data submitted by primacy agencies indicate that 73 percent of public water systems in the U.S. had no significant violation of any type. Conversely, 27 percent of systems did have at least one significant violation. That rate remained fairly constant between 2006 and 2009, the period for which trends were calculated. The data submitted by primacy agencies indicate that 7 percent of public water systems, serving about 17.7 million customers, had violations of health-based standards in 2009. EPA believes that these rates are too high and that additional efforts are necessary to improve compliance. In 2009, about 27,094, or 18 percent, of all public water systems had significant monitoring and reporting violations. In 2006, EPA and states began addressing noncompliance at violating systems all at once rather than addressing violations of one rule at multiple systems. This change in approach has resulted in a steady decrease in the number of systems in significant noncompliance at the same point in time (July) from one year to the next. The number of such systems has dropped from over 12,000 in 2006 to about 6,700 in 2009. This represents a decrease of about 47 percent from 2006. EPA expects this trend to continue as the SDWA Enforcement Response Policy, issued in December 2009, is implemented. Compliance and E nfor cement at PWSs in I ndian Country In 2009, primacy agencies reported that 48 percent of systems (396) in Indian country had a significant violation of some type. This rate has fluctuated somewhat since 2006, ranging from 48-61 percent of all systems in Indian country. These rates are consistently and significantly higher in Indian country than outside of Indian country. Systems with Significant Violations - 2009 Number of Systems in U.S. including Indian Country = 153,399 Number of Systems in Indian Country Alone = 829 U.S. including Indian Indian Country Alone Country EPA regions reported that 14 percent of the public water systems in Indian country had health-based violations in 2009. 18 ------- EPA regions reported that 41 percent of systems in Indian country had significant monitoring and reporting violations in 2009. This is of concern because if a system does not monitor and report on the quality of its water, it is impossible to know if there are health-based violations. As with systems outside of Indian country, the number of Indian country systems in significant noncompliance at the same point in time (July) from one year to the next. The decrease has been less dramatic than in the U.S. as a whole, but EPA expects the trend to continue as the 2009 SDWA Enforcement Response Policy is implemented. Conclusions The rates at which violations occur, according to data provided by primacy agencies, was substantially unchanged from 2008 and in fact over four years for which trends were calculated. However, the number of systems in significant noncompliance at the same point in time from one year to the next has decreased steadily. This reflects efforts on the part of EPA and states to provide assistance and other informal means to prevent noncompliance, address violations in a timely manner, and return violating systems to compliance as expeditiously as possible. EPA believes that these rates are too high and that additional efforts are necessary to improve compliance. EPA recognizes that drinking water systems in Indian country are much more likely than those outside of Indian country to be in significant noncompliance. EPA is redoubling its efforts to prevent and address noncompliance in Indian country in an effort to reduce the disparity. Compliance statistics are based on violations reported by states to the Safe Drinking Water Information System. EPA is aware of inaccuracies and underreporting of some data in this system. EPA is working with the states to improve the quality of the data. Recommendations 1. Improve Compliance Rates States, territories, Navajo Nation, and EPA should continue working together to return violating systems to compliance, as efficiently and effectively as possible. Pursuing the more holistic, systems-based approach to addressing noncompliance in all regions and states is an important element of improving performance among public water systems. 2. I mprove Data Quality Without accurate and complete data from primacy agencies, EPA cannot fulfill its oversight responsibility to fully assess the state of compliance at the nation's public water systems. At the same time, complete and accurate information is not available to the public. For these reasons, data quality improvement should remain a high priority for EPA and the states. Some of the next steps EPA, states, and the drinking water stakeholders have agreed to undertake include: Improving transparency to the public about compliance at PWSs via EPA's ECHO (Enforcement and Compliance History Online, http://www.epa-echo.gov/echo/) website and providing online error reporting; Streamlining data reporting; Conducting more training to ensure regulatory staff can accurately determine compliance with drinking water rules and data entry staff can upload complete and accurate data to SDWIS/FED; 19 ------- Encouraging states to issue annual reminders to water systems of their compliance monitoring schedules; Working with the Association of State Drinking Water Administrators to implement its updated 2006 Data Reliability Analysis and Action Plan (DRAAP) http://www.epa.gov/ogwdw/databases/pdfs/report data datareliabilitv 2006.pdf; Negotiating grant conditions with several states to encourage them to follow quality assurance/quality control plans for drinking water violation data reported to EPA and address the differences in interpretation of the regulation; and Working with all states to implement the EPA Order CIO 2105.0 dealing with requirements for quality management systems. 3. Maintain Oversight of State and E PA E nforcement Programs EPA regions continue to work with states to evaluate how well public water systems comply with the rules and whether enforcement actions are protecting public health. In December 2009, EPA issued a revised SDWA Enforcement Response Policy to regions and states. The revised policy includes a formula for prioritizing systems in significant noncompliance for formal enforcement action to ensure that the most important problems are addressed in a timely and appropriate manner and systems are returned to compliance. The policy establishes a timeframe within which regions and states are asked to address all significant noncompliance at a system, rather than on a rule-by-rule basis. This approach, developed in partnership with regions and states, has been implemented on an ad hoc basis for several years, and has been successful in reducing the number of systems with unaddressed significant noncompliance. Given the potential lag time between identification of noncompliance and the subsequent return to compliance, compliance data may not reflect results of implementing this new policy for one or two years. 4. Capacity Development for Small Systems EPA recognizes the challenges facing small drinking water systems serving 3,300 or fewer customers, and provides tools and assistance for capacity development, which refers to the technical, financial and managerial capacity of a system to provide safe drinking water. The SDWA Capacity Development program also provides information about treatment technology options for small systems. Examples of EPA's capacity development include: States and EPA promoting compliance with existing drinking water requirements by conducting numerous assistance activities, such as on-site visits and the distribution of easy-to-read guides and checklists. EPA funding, establishing, and maintaining the Local Government Environmental Assistance Network (LGEAN) website, a source of free information on current and developing SDWA requirements (as well as technical assistance, peer counseling, and financial guidance). LGEAN can be accessed on the internet at www.lgean.org or by calling toll-free 1-877-TO-LGEAN (865-4326). EPA establishing and maintaining the Financing for Environmental Compliance website to provide financial and technical assistance resources to help communities create a plan to finance environmental capital assets. The website can be accessed at: http://www.epa.gov/compliance/assistance/financing/steps. EPA developing tools and resources that can assist small systems with implementing drinking water regulations and managing their systems while still providing adequate public health protection. These tools and resources can be accessed at http://water.epa.gov/tvpe/drink/pws/smallsystems/index.cfm. 5. E nforcement 20 ------- The states and EPA are pursuing enforcement actions against violating public water systems both to deter violations and to ensure public health protection. The Office of Enforcement and Compliance Assurance made compliance at public water systems in Indian country a national priority between 2005 and 2009. As a part of this effort, EPA worked closely with tribal governments, utility managers and water system operators with particular emphasis on compliance with microbial rules and standards for nitrates. EPA also enhanced the availability of SDWA compliance assistance available to tribes via the Tribal Portal at http://www.epa.gov/tribalcompliance/drinkwater/index.html Until 2006, states and regions addressed noncompliance in their jurisdictions focusing on one rule at a time. A system could be returned to compliance with one rule but still be out of compliance with other rules. In 2006, EPA began asking states and regions to address all noncompliance at a system at one time, rather than addressing noncompliance one rule at a time. This change in practice represented a more efficient use of resources, and has resulted in a steady decline in the number of systems in significant noncompliance at the same time each year. Between 2006 and 2009, the number of systems in significant noncompliance in July of each year decreased from 12,596 to 6,466, a decrease of 47 percent. EPA, in December 2009, issued a revised enforcement response policy that clarifies state and Federal roles and responsibilities, timeframes, and mechanisms for returning violating systems to compliance (described above under "3. Maintain Oversight of State and EPA Programs"). Simultaneously, EPA began using a process to prioritize violating systems for formal enforcement based on weighted factors, such as type of violation, duration of noncompliance, and repeat offenses. This tool is expected to ensure that enforcement resources are directed to noncompliant systems where they will have greatest impact on protecting public health. An important component of implementing this new policy is ensuring that compliance and enforcement data are entered accurately, completely, and in a timely manner by EPA, states and tribes with primacy. EPA is confident that these efforts will better target enforcement resources to systems that pose the greatest risk to public health, and will help improve the quality and quantity of data available to the public, and for monitoring and implementing the Safe Drinking Water Act (SDWA). 21 ------- Appendix A - Glossary of Terms Administrative Order Formal enforcement actions issued by EPA or a state requiring action to address noncompliance at a public water system, usually by means of a compliance schedule with enforceable milestone dates. Chemical Rules Refers collectively to regulations that protect the public from unsafe levels of organic chemicals, inorganic chemicals (including lead and copper), and radioactivity in drinking water. Community Water System A public water system that serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents (e.g., homes, apartments and condominiums that are occupied year-round as primary residences). Consumer Confidence Rule (CCR) Requires community water systems to prepare and provide to their customers annual consumer confidence reports on the quality of the water delivered by the systems. Disinfection/Disinfectant By-Product Rule (DBPR) Applies to community water systems and nontransient non-community systems, including those serving fewer than 10,000 people, that add a disinfectant to the drinking water during any part of the treatment process. The Stage 1 DBPR specifically addresses risks associated with disinfectants and disinfectant byproducts. This rule was published concurrently with the Interim Enhanced Surface Water Treatment Rule (IESWTR), which addresses control of microbial pathogens. Federally-recognized I ndian Tribe An Indian tribe, band, nation, pueblo, community, or Alaska Native Village that the Secretary of the Interior acknowledges to exist as an Indian tribe pursuant to the Federally Recognized Indian Tribe List Act of 1994, 25 U.S.C. Section 479a. Maintained by the Department of the Interior, the list of Federally- recognized tribes is updated periodically and published in the Federal Register. The latest list of Federally-recognized Indian tribes is available at 74 Federal Register (FR) 40218 (August 11, 2009). Health-based Violation A violation of either a Maximum Contaminant Level or a Treatment Technique requirement. I nterim Enhanced Surface Water Treatment Rule (I ESWTR) Applies to systems using surface water, or groundwater under the direct influence of surface water, that serve more than 10,000 persons. The rule also includes provisions for states to conduct sanitary surveys for surface water systems regardless of system size. Large System A public water system that serves more than 10,000 people. Lead and Copper Rule(LCR) Requires a public water system to take steps to minimize the risk of exposure to lead and copper in drinking water by monitoring for these contaminants, installing corrosion control where required, and, where necessary, educating the public about ways to reduce exposure. A system may also be required to treat its source water or replace lead service lines. A-l ------- Maximum Contaminant Level The maximum permissible level of a contaminant in water delivered to any user of a public water system. Monitoring and Reporting Violation Refers to either a violation of a monitoring and reporting schedule or violation of contaminant-specific minimum testing schedules and operational reporting requirements. Those monitoring and reporting violations considered "significant" for the purposes of the state and national public water system compliance reports are described below in Table A-l. Non-transient Non-community Water System A non-community public water system that regularly serves at least 25 of the same persons over six months per year. A typical example of a non-transient non-community water system is a school or an office building that has its own water source, such as a drinking water well. Primacy The Safe Drinking Water Act requires EPA, states, and Tribes to work as partners to ensure delivery of safe drinking water to the public. Any state or Indian Tribe can request responsibility for operation and oversight of the drinking water program within its borders. In order to receive this responsibility (called "primary enforcement authority" or "primacy"), a state or Tribe must show that, among other things, it has adopted drinking water regulations that are at least as stringent as Federal regulations, and demonstrate its capacity both to enforce those regulations and to implement other activities necessary to ensure compliance. In the absence of state or Tribal primacy, EPA assumes responsibility for administering the drinking water program for that area. Of the 56 eligible States (defined to include Commonwealths, Territories, and the District of Columbia), all but Wyoming and the District of Columbia have primacy. During calendar year 2009, the EPA Regional Offices administered the drinking water program within these two jurisdictions and on all Tribal lands, except for the Navajo Nation. Public Water System (PWS) A system for the provision to the public of water for human consumption through pipes or other constructed conveyances, if such system has at least 15 service connections or regularly serves at least 25 individuals at least 60 days out of the year. A public water system can be either a community water system, a non-transient non-community water system, or a transient non-community water system. Radionuclides Radioactive particles, such as radium-226, radium-228, gross alpha, and beta particle/photon radioactivity, can occur naturally in water or may result from human activity. EPA has established MCLs for uranium, beta/photon emitters, alpha emitters, and combined radium 226/228. Significant Violations Significant violations include all violations of health-based standards, including exceedances of Maximum Contaminant Limits (MCLs) and violations of treatment technique rules; certain notification violations (i.e., complete failure to provide required notification); and major monitoring and reporting violations (failure to sample or to report results during a compliance period). Small Systems Public water systems that serve no more than 3,300 people. Surface Water Treatment Rule (SWTR) A-2 ------- The Surface Water Treatment Rule requires a public water system served by surface water or by groundwater under the influence of surface water to take steps (such as disinfection, filtration followed by disinfection, or watershed control) to reduce potential exposure to microbiological contamination. Total Coliform Rule(TCR) The Total Coliform Rule establishes limits on coliform bacteria in water distribution systems. Although coliform bacteria, which are found in decaying organic material and in the intestinal tract of humans and animals, are usually not harmful to human health, their presence may indicate the presence of other, more dangerous microbial contamination. Transient Non-community Water System A non-community water system that regularly serves at least 25 people (but not the same 25) over six months per year. A typical example is a campground or a highway rest stop that has its own water source, such as a drinking water well. Treatment Technique In cases where EPA has determined it is not technically or economically feasible to establish an MCL, the Agency can instead specify a treatment technique. These are treatment methods required by EPA to minimize the level of a contaminant in drinking water. Variances and Exemptions A public water system that cannot comply with a drinking water standard because of poor source water quality, or, in the case of small systems, inadequate financial resources, can be granted a variance to comply with less stringent, but still protective standards based on a specific EPA-approved technology available to the system. An exemption allows a PWS with compelling circumstances (including economic considerations) additional time to achieve compliance with applicable SDWA requirements, so long as public health is adequately protected. A-3 ------- TABLE A-1: SIGNIFICANT MONITORING AND REPORTING VIOL AT IONS FOR ANNUAL STATE PUBLIC WATER SYSTEM REPORTS Rule Total Coliform Rule Surface Water Treatment Rule Interim Enhanced Surface Water Treatment Rule/ Long Term 1 Lead and Copper R ule Violation Type Major routine Major repeat Major (filtered) Major (unfiltered) Major Major Major Major Major Major Major N/A Initial lead and copper tap Follow-up or routine lead and copper tap Description No samples collected during a compliance period. No follow-up samples collected after a positive total coliform sample or no speciation. Collected less than 90% of samples required during a compliance period. Collected less than 90% of samples required during a compliance period. Failure to produce and/or report to state individual filter profile within 7 days of exceedance (>0.5 NTU in 2 consecutive measurements taken 15 minutes apart). Failure to produce and/or report to state individual filter profile within 7 days of exceedance (>1.0 NTU in 2 consecutive measurements taken 15 minutes apart). Failure to conduct and/or report to state a self- assessment of an individual filter within 14 days of exceedance (>1 .0 NTU in 2 consecutive measurements taken 1 5 minutes apart in each of 3 consecutive months). Failure to have a CPE conducted by state or third party no later than 30 days after exceedance (>2.0 MTU in 2 consecutive measurements taken 15 minutes apart in 2 consecutive months) and have the CPE completed and submitted to the state no later than 90 days following the exceedance. Failure to collect and report at least 90% of required samples. Failure to report that the system has conducted all individual filter monitoring to the state within 10 days after the end of each month. Failure to report that the system has exceeded 1 .0 NTU (or maximum set by state) in representative samples by end of next business day. Failure to maintain the results of individual filter monitoring for at least 3 years. Either failed to collect the initial tap samples, and then failed to correct that omission within a) 3 months for large systems, b) 6 months for medium systems or c) 12 months for small systems; or failed to submit the associated report. Failure to collect 1 or more required samples. SDWIS Violation Code1 23 25 36 31 29 38 9 51 52 SDWIS Contaminant Code 3100 3100 200 200 300 5000 5000 A-4 ------- TABLE A-1: SIGNIFICANT MONITORING AND REPORTING VIOL AT IONS FOR ANNUAL STATE PUBLIC WATER SYSTEM REPORTS Rule Stage 1 Disinfection Byproducts C h e m Phasel, II, MB and V Rules Radionuclides Violation Type Regular monitoring Regular monitoring Regular monitoring Description Failure to collect any required samples2. Failure to collect any required samples . Failure to collect any required samples2. SDWIS Violation Code1 27 03,04 03,04 SDWIS Contaminant Code By contaminant By contaminant 4000, 4100, 4010,4006, 4101,4102,4174 1 EPA's Safe Drinking Water Information System (SDWIS/FED) makes no distinction between the sampling violations and the reporting violations associated with a sample collection requirement. Both violations are reported under the same violation code. 2 Failure to collect "any required sample" means none of the required samples were collected. A-5 ------- TABLE A-2: SUMMARY OF DRINKING WATER REGULATIONS FOR PUBLIC WATER SYSTEMS DURING 2009 Applicability of Regulations Contaminant/R ule Organic Contaminants Total Trihalomethanes Contaminants (TTHM) 1 norganic Contaminants (IOCS) Nitrate and Nitrite Contaminants Radionuclide Contaminants Total Coliform R ule SurfaceWater Treatment Lead and Copper Rule 1 nterim Enhanced Surface Water Treatment Rule Stage 1 Disinfectant/Disinfection By- Product Rule Filter Backwash Recycling Rule Public Notification Consumer Confidence Rule Community Water Systems All All PWSs, using surface water or ground water under the direct influence of surface water (GWUDI), which disinfect their water (a.k.a. Subpart H systems) All All All All Some Only PWSs using surface water or GWUDI All For sanitary surveys all PWSs using surface water or GWUDI; for other requirements those systems serving 10,000 or more people All PWSs adding a disinfectant to the drinking water Conventional or direct filtration PWSs using surface water or GWUDI and recycle spent filter backwash, thickener supernatant, or liquids from dewatering processes All All Non-Transient Non- Community Water Systems All (Note: acrylamide and epichlorohydrin do not have MCLs and only have treatment techniques) All PWSs, using surface water or GWUDI, which disinfect their water (a.k.a. Subpart H systems) Prior to the 2001 Arsenic Rule, all lOCs except for arsenic. After the 2001 Arsenic Rule all lOCs. All None All Some Only PWSs using surface water or GWUDI All For sanitary surveys all PWSs using surface water or GWUDI; for other requirements those systems serving 10,000 or more people All PWSs adding disinfectant to the drinking water Conventional or direct filtration PWSs using surface water or GWUDI and recycle spent filter backwash, thickener supernatant, or liquids from dewatering processes All None Transient Non-Community Water Systems None All PWSs, using surface water or GWUDI, which disinfect their water (a.k.a. Subpart H systems) None All None All Some Only PWSs using surface water or GWUDI None For sanitary surveys all PWSs using surface water or GWUDI; for other requirements those systems serving 10,000 or more people Those PWSs using chlorine dioxide Conventional or direct filtration PWSs using surface water or GWUDI and recycle spent filter backwash, thickener supernatant, or liquids from dewatering processes All None A-6 ------- Appendix B Summaries of State Annual Compliance Reports C ontents Alabama B -6 Alaska B-7 American Samoa B-8 Arizona B-9 Arkansas B-10 California B-ll Colorado B-12 Connecticut B-13 Delaware B-14 District of Columbia B-15 Florida B-16 Georgia B-17 Guam B-18 Hawaii B-19 Idaho B-20 Illinois B-21 Indiana B-22 Iowa B-23 Kansas B-24 Kentucky B-25 Louisiana B-26 Maine B-27 Maryland B-28 Massachusetts B-29 Michigan B-30 Minnesota B-31 Mississippi B-32 Missouri B-3 3 Montana B-34 Navajo Nation B-35 Nebraska B-36 Nevada B-37 New Hampshire B-38 New Jersey B-39 New Mexico B-40 New York B-41 North Carolina B-42 North Dakota B-43 Northern Mariana Islands B-44 Ohio B-45 Oklahoma B-46 Oregon B -47 Pennsylvania B-48 Puerto Rico B-49 Rhode Island B-50 South Carolina B-51 South Dakota B-52 Tennessee B-53 Texas B-54 Utah B-55 Vermont B-56 Virgin Islands B-57 Virginia B-58 Washington B-59 West Virginia B-60 Wisconsin B-61 Wyoming B -62 B-l ------- This Appendix presents a summary of each primacy agency report in a standardized format. The format includes an overall summary of the violations data specified in Section 1414 of the 1996 Safe Drinking Water Act (SDWA) Amendments (i.e., violations with respect to maximum contaminant levels (MCLs), treatment technique violations, significant monitoring and reporting requirements, significant notification violations and variances and exemptions). This Appendix summarizes the data reported by states, Commonwealths, Territories, and tribes, but does not interpret it. Therefore, other factors must be taken into account before drawing conclusions about a program. For example, PWSs are required to report all violations to the primacy agency, but drinking water programs vary in the regulations they choose to emphasize. A primacy agency that decided to focus attention and resources on one particular rule may have discovered and reported many more violations of that rule than a primacy agency that chose to focus on a different rule. A disproportionate number of violations in a state, Commonwealth, Territory, or tribe could also indicate that the primacy agency needs to work with its PWSs to improve their compliance. Readers are cautioned to view the violations data provided in the summaries within the context of each primacy agency and its individual drinking water program. In 2009, EPA received Public Water System Compliance Reports from 33 of the 55 primacy states, Commonwealths, Territories and tribes. As in past years, American Samoa, Guam, the Northern Mariana Islands and Navajo Nation did not submit reports and, with limited exceptions, did not supply information to SDWIS/FED. EPA did not receive reports from 22 primacy agencies as indicated in Table B-l. Appendix B supplies what information is available in SDWIS/FED to indicate violations at public water systems in the states, Commonwealths, Territories and tribes that did not submit compliance reports in 2009. EPA prepared reports for the District of Columbia and Wyoming, which did not have primary enforcement responsibility for drinking water in calendar year 2009. Violations for 2009 EPA summarizes the number of MCL/Maximum Disinfectant Residual Level (MDRL), treatment technique and significant monitoring and reporting violations1 reported by each state in six categories: Violations of chemical contaminant requirements2 Violations of the Total Coliform Rule Violations of the Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Violations of the Lead and Copper Rule Significant Notification or Consumer Confidence Rule Violations Violations of the Disinfection/Disinfectant Byproducts Rule. EPA summarizes the numbers of individual public water systems in violation in each of these six categories, as reported by the state. If a state's report did not include information in a category, EPA's summary notes the omission. 2009 Totals EPA also summarizes the total number of systems in each state, the total number of significant violations reported and the total number of PWSs in violation, if the state reported this information. When states did not provide information on the total number of public water systems, EPA supplied that information from the SDWIS/FED. Systems in Violation Systems in Violation is defined as the number of different systems with a reported violation of this type. Some states counted a system with multiple violations or violations in more than one category as one violating system. Other states counted a violating system each time it had a violation, or once for each of the regulatory categories in which it had a violation. If EPA's review of a state's report indicated some violating systems were counted more than once, an asterisk notes that the state's number possibly overcounts violating systems. Variances and Exemptions No states reported a violation of a variance or exemption in 2009. WheretoObtain the 2009 Annual Public Water Systems Report If a primacy agency's report includes information on how to obtain a copy of the report, that information is provided on the primacy agency's summary page in this Appendix. A comprehensive definition of significant monitoring and reporting violations appears in Appendix A. MCL and significant monitoring violations for organic, inorganic, total trihalomethane (TTHM), nitrate and nitrite, and radionuclide contaminants. B-2 ------- Table B-1: Summary of Elements Reported in the 2009 State Reports State Alabama Alaska American Samoa Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Guam Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Navajo Nation Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Northern Mariana Islands Ohio Oklahoma Oregon Pennsylvania Puerto Rico Submitted Report Reported on Violation Categories OCR MCL M/R TT Reported onV/E Provided Inventory Information Identified Size and Type of Violating Systems Discussed Compliance and Enforcement Responses Identified Each System with MCL andTT Violations Provided Information to Public on Availability Provided Additional Information1 REPORT NOT SUBMITTED. X X X X X X X X X REPORT NOT SUBMITTED. REPORT NOT SUBMITTED. X X X X X X X X X X X X REPORT NOT SUBMITTED. X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X REPORT NOT SUBMITTED. REPORT NOT SUBMITTED. X X X X X X X X X X X REPORT NOT SUBMITTED. X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X REPORT NOT SUBMITTED. REPORT NOT SUBMITTED. REPORT NOT SUBMITTED. X X X X X X X X X X X REPORT NOT SUBMITTED. X X X X X X X X X X X X X X X X X X X X X REPORT NOT SUBMITTED. X X X X X X X X X X X X X REPORT NOT SUBMITTED. X X X X X X X X X X X X X X X X X X X X X REPORT NOT SUBMITTED. X X X X X X X X X X X X X X X X X X X X REPORT NOT SUBMITTED. X X X X X X X X X REPORT NOT SUBMITTED. REPORT NOT SUBMITTED. X X X X X X X X X X REPORT NOT SUBMITTED. X X X X X X X X X X X X X X X X X X X X X X 1. An "x" in this column indicates the state submitted more information in its report than the minimum EPA recommends in guidance. B-3 ------- Table B-1: Summary of Elements Reported in the 2009 State Reports State Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virgin Islands Virginia Washington West Virginia Wisconsin Wyoming Submitted Report X Reported on Violation Categories OCR X MCL X M/R X TT X Reported onV/E Provided Inventory Information X Identified Size and Type of Violating Systems Discussed Compliance and Enforcement Responses Identified Each System with MCL andTT Violations X Provided Information to Public on Availability Provided Additional Information1 X REPORT NOT SUBMITTED. X X X X X X X X X X X X X X X X X X X REPORT NOT SUBMITTED. REPORT NOT SUBMITTED. X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X REPORT NOT SUBMITTED. X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X 1. An "x" in this column indicates the state submitted more information in its report than the minimum EPA recommends in guidance. B-4 ------- Table B-2: Summary of the Total Number of Regulated Systems, Systems with Significant Violations and Significant Violations Reported in the 2009 State Reports or SDWIS/FED State Alabama Alaska American Samoa Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Guam Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Total Number of Regulated Systems 620 1,573 16 1,590 1,119 7,223 2,035 2,692 486 7 5,592 2,467 9 129 1,973 5,686 4,240 1,984 1,033 479 1,436 1,910 3,488 1,780 11,450 7,224 1,273 2,788 695 Total Number of Systems with Significant Violations NR 665 NR NR 332 NR 717* NR 72 1 914 NR NR 18 NR 1,119 1,647 546** 272 NR NR NR NR NR 1 ,347** NR NR NR NR Total Number of Significant Violations 361 2,202 65 3,254 606 2,577 2,560 2,849 105 1 1,193 1,481 1 18 1,701 4,954 4,396 1,114 526 494 715 1,515 1,260 469 2,163 419 423 NR 1,902 State Navajo Nation Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Northern Mariana Islands Ohio Oklahoma Oregon Pennsylvania Puerto Rico Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virgin Islands Virginia Washington West Virginia Wisconsin Wyoming Total Number of Regulated Systems 163 1,328 552 2,413 3,864 1,221 9,147 6,268 499 88 4,985 1,568 2,630 9,380 493 484 1,493 655 868 6,859 1,015 1,365 301 2,879 4,341 1,106 1 1 ,422 778 Total Number of Systems with Significant Violations NR 294 204 NR NR 451** 4,145 NR 98 NR NR 999*** NR 2,779** NR 151 NR 188** 159 NR NR 507 NR 885 NR NR NR 124 Total Number of Significant Violations 151 532 606T 1,202 1,741 843| 7,484 4,173 164 117 2,363 3.646T 5,727 9.284T 2,419 219 233 606 253 3,073 2,156 1,167 522 2,395 7,439 2,521 2,609 193 *Possible overcounting of violating systems. **Possible overcounting of violating systems. Includes systems violating public notification requirements. The total number of violating systems in the report does not include systems violating Stage 2 DBPR. tThe total number of violations in the report differs from the calculated total. B-5 ------- State of Alabama 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 0 25 25** Systems in Violation 0 23 15** Treatment Technique Violations 1 1 NR** Systems in Violation 1 1 NR** Significant Monitoring Violations 193 19 0 73 21 3 Systems in Violation 34* 17 0 61 21 3 *Possible overcounting of violating systems. **MCL and Treatment Technique violations are combined in the SDWIS/FED Report. 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 620 NR 361 Where to Obtain the 2009 Annual State Public Water Systems Report Alabama did not submit a 2009 Annual Report to the U.S. EPA. EPA generated data from SDWIS/FED. B-6 ------- State of Alaska 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 12 21 73 Systems in Violation 7 17 20 Treatment Technique Violations 125 15 7 Systems in Violation 48 13 5 Significant Monitoring Violations 337 657 236 425 93 201 Systems in Violation 76 387 70 236 43 101 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 1,573 665 2,202 Where to Obtain the 2009 Annual State Public Water Systems Report Alaska's State Report is available by accessing the state's web site or by contacting: Web Site: http://www.dec.state.ak.us/eh/dw/dwmain/violations.html Alaska DEC Drinking Water Program 555 Cordova Street Anchorage, AK 99501 Contact: Jeanine Oakland Email: jeanine.oakland@alaska.gov B-7 ------- State of American Samoa 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 0 60 0 Systems in Violation 0 6 0 Treatment Technique Violations 5 0 0 Systems in Violation 5 0 0 Significant Monitoring Violations 0 0 0 0 0 0 Systems in Violation 0 0 0 0 0 0 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 16 NR 65 Where to Obtain the 2009 Annual State Public Water Systems Report American Samoa did not submit a 2009 Annual Report to the U.S. EPA. EPA generated data from SDWIS/FED. B-8 ------- State of Arizona 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 204 79 0 Systems in Violation 81 62 0 Treatment Technique Violations 0 0 0 Systems in Violation 0 0 0 Significant Monitoring Violations 568 919 0 499 500 485 Systems in Violation 144* 481 0 306 295 241 *Possible overcounting of violating systems. 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 1,590 NR 3,254 Where to Obtain the 2009 Annual State Public Water Systems Report: Arizona did not submit a 2009 Annual Report to the U.S. EPA. EPA generated data from SDWIS/FED. B-9 ------- State of Arkansas 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 21 121 92 Systems in Violation 5* 100 45 Treatment Technique Violations 24 13 2 Systems in Violation 12 11 1 Significant Monitoring Violations 0 215 26 44 27 21 Systems in Violation 0 151 13 32 27 12 *Possible overcounting of violating systems. 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 1,119 332 606 Where to Obtain 2009 Annual State Public Water Systems Report Arkansas' State Report is available at all local health units in Arkansas or by accessing the state's website. Website: http://www.healthyarkansas.com/eng/viol.htm B-10 ------- State of California 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 548 476 192** Systems in Violation 224 346 61** Treatment Technique Violations 149 8 NR** Systems in Violation 59 7 NR** Significant Monitoring Violations 79 459 17 369 260 34 Systems in Violation 72* 358 8 341 191 22 *Possible overcounting of violating systems. **MCL and Treatment Technique violations are combined in the SDWIS/FED Report. 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 7,223 NR 2,577 Where to Obtain the 2009 Annual State Public Water Systems Report: California did not submit a 2009 Annual Report to the U.S. EPA. EPA generated data from SDWIS/FED. B-ll ------- State of Colorado 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 86 68 35 Systems in Violation 60 49 13 Treatment Technique Violations 32 1 2 Systems in Violation 17 1 2 Significant Monitoring Violations 1,525 363 109 170 12 157 Systems in Violation 186 260 60 138 12 123 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 2,035 717* 2,560 *Possible overcounting of violating systems. Where to Obtain the 2009 Annual State Public Water Systems Report Colorado's State Report is available by contacting: Colorado Department of Public Health and Environment Water Quality Control Division/Compliance Assurance Section Attention: Annual Compliance Report CADM-B2 4300 Cherry Creek Drive South Denver, CO 80246 Rick Koplitz WQCD Drinking Water Compliance Assurance Unit Telephone: (303) 692-3664 Email: rick.koplitz@state.co.us B-12 ------- State of Connecticut 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 206 239 1 Systems in Violation 40* 163 1 Treatment Technique Violations NR 1 0 Systems in Violation NR 1 0 Significant Monitoring Violations 1,685 467 NR 45 150 55 Systems in Violation 137* 342 NR 45 112 29 *Possible overcounting of violating systems. 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 2,692 NR 2,849 Where to Obtain the 2009 Annual State Public Water Systems Report Connecticut's State Report is available by accessing the state's website or by contacting: Drinking Water Section offices Department of Public Health 450 Capitol Avenue Hartford, CT 06106-1365 Telephone: (860) 509-7333 Website: http://www.ct.gov/dph B-13 ------- State of Delaware 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 26* 43 3 Systems in Violation 18* 41 3 Treatment Technique Violations 0 0 NR Systems in Violation 0 0 NR Significant Monitoring Violations 0 0 0 28 5 0 Systems in Violation 0 0 0 28 5 0 *The state report gives different counts in several tables in the report. Counts from the summary table are shown here. 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 486 72 105 Where to Obtain the 2009 Annual State Public Water Systems Report Delaware's State Report is available by contacting: Office of Drinking Water Division of Public Health Blue Hen Corporate Center 655 South Bay Road, Suite 203 Dover, Delaware 19901 Telephone: (302) 741-8630 Fax:(302)741-8631 B-14 ------- District of Columbia 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 0 1 0 Systems in Violation 0 1 0 Treatment Technique Violations 0 0 0 Systems in Violation 0 0 0 Significant Monitoring Violations 0 0 0 0 0 0 Systems in Violation 0 0 0 0 0 0 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 7 1 1 Where to Obtain the 2009 Annual State Public Water Systems Report: District of Columbia's Report is available by contacting: Jennie Perey Saxe, Ph.D. District of Columbia PWSS Direct Implementation Team Leader Drinking Water Branch (3WP21) U.S. EPA Region 3 1650 Arch Street Philadelphia, PA 19103-2029 Phone:(215)814-5806 Fax:(215)814-2318 E-mail :saxe.jennie@epa.gov Website: http://www.epa.gov/reg3wapd/drinkingwater/Dcdrinking/index.htm B-15 ------- State of Florida 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 30 157 224 Systems in Violation 20* 135 93 Treatment Technique Violations 0 0 NR Systems in Violation 0 0 NR Significant Monitoring Violations 105 347 0 87 16 227 Systems in Violation 101 268 0 76 16 209 *Possible overcounting of violating systems. 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 5,592 914 1,193 Where to Obtain the 2009 Annual State Public Water Systems Report Florida's State Report is available by accessing the state's website: Website: http://www.dep.state.fl.us/water/drinkingwater B-16 ------- State of Georgia 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 92 76 22* Systems in Violation 26 68 21* Treatment Technique Violations 1 2 NR* Systems in Violation 1 2 NR* Significant Monitoring Violations 1 367 0 438 471 11 Systems in Violation 1 278 0 337 370 11 *MCL and Treatment Technique violations are combined in the SDWIS/FED Report. 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 2,467 NR 1,481 Where to Obtain the 2009 Annual State Public Water Systems Report Georgia did not submit a 2009 Annual Report to the U.S. EPA. EPA generated data from SDWIS/FED. B-17 ------- Guam 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 0 0 0 Systems in Violation 0 0 0 Treatment Technique Violations 0 0 0 Systems in Violation 0 0 0 Significant Monitoring Violations 0 0 0 1 0 0 Systems in Violation 0 0 0 1 0 0 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 9 NR 1 Where to Obtain the 2009 Annual State Public Water Systems Report Guam did not submit a 2009 Annual Report to the U.S. EPA. EPA generated data from SDWIS/FED. B-18 ------- State of Hawaii 2009 PWS Compliance Report Violations for 2009 Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 0 3 0 Systems in Violation 0 3 0 Treatment Technique Violations 2 0 0 Systems in Violation 2 0 0 Significant Monitoring Violations 6 1 1 5 0 0 Systems in Violation 6 1 1 5 0 0 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 129 18 18 Where to Obtain the 2009 Annual State Public Water Systems Report Hawaii's State Report is available by contacting: Hawaii Department of Health Environmental Management Division Safe Drinking Water Branch 919 Ala Moana Boulevard, Room 308 Honolulu, HI 96814-4920 Attention: Stuart Yamada, P.E., Chief Telephone: (808) 586-4258 Fax: (808) 586-4351 E-mail: sdwb@doh.hawaii.gov B-19 ------- State of Idaho 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 129 181 5** Systems in Violation 52 143 4** Treatment Technique Violations 17 1 NR** Systems in Violation 9 1 NR" Significant Monitoring Violations 840 391 13 47 0 77 Systems in Violation 198* 282 11 42 0 45 *Possible overcounting of violating systems. **MCL and Treatment Technique violations are combined in the SDWIS/FED Report. 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 1,973 NR 1,701 Where to Obtain the 2009 Annual State Public Water Systems Report Idaho did not submit a 2009 Annual Report to the U.S. EPA. EPA generated data from SDWIS/FED. B-20 ------- State of Illinois 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 216 147 32 Systems in Violation 65* 141 14 Treatment Technique Violations 14 7 6 Systems in Violation 9 7 3 Significant Monitoring Violations 3,921 185 0 70 213 143 Systems in Violation 677* 172 0 70 88 131 *Possible overcounting of violating systems. 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 5,686 1,119 4,954 Where to Obtain the 2009 Annual State Public Water Systems Report Illinois' State Report is available by accessing the state's website or by contacting: Illinois EPA Bureau of Water, Compliance Assurance Section 1021 North Grand Avenue East Springfield, IL 62794 Contact: Mike Crumly Email: mike.crumly@illinois.gov Telephone: (217) 785-0561 Fax:(217)557-1407 Website: http://www.epa.state.il.us/water/compliance/drinking-water/compliance-report/index.html B-21 ------- State of Indiana 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 69 365 31 Systems in Violation 45* 319 10 Treatment Technique Violations 5 0 4 Systems in Violation 3 0 1 Significant Monitoring Violations 2,182 1,520 1 116 48 55 Systems in Violation 468* 1,075 1 92 37 30 *Possible overcounting of violating systems. 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 4,240 1,647 4,396 Where to Obtain the 2009 Annual State Public Water Systems Report Indiana's State Report is available by accessing the state's website or by contacting: Indiana Department of Environmental Management Office of Water Management Drinking Water Branch Telephone: (317) 234-7435 Website: http://www.in.gov/idem/5093.htm B-22 ------- State of Iowa 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 83 238 0 Systems in Violation 30 137 0 Treatment Technique Violations 3 26 0 Systems in Violation 2 23* 0 Significant Monitoring Violations 275 344 0 18 3 28 Systems in Violation 130 208 0 9 3 19 * Possible overcounting of violating systems. 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 1,984 546** 1,114 ** Possible overcounting of violating systems. Includes systems violating public notification requirements. Where to Obtain the 2009 Annual State Public Water Systems Report Iowa's State Report is available by accessing the state's website or by contacting: Iowa Department of Natural Resources-Water Supply 401 SW 7th St., Suite M Des Moines, IA 50309-4611 Facsimile: (515) 725-0348 Website: http://www.iowadnr.gov/water/drinking/reports.html B-23 ------- State of Kansas 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 122 46 127 Systems in Violation 42* 44 46 Treatment Technique Violations 34 0 27 Systems in Violation 7 0 10 Significant Monitoring Violations 5 143 0 3 19 0 Systems in Violation 5 97 0 3 19 0 *Possible overcounting of violating systems. 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 1,033 272 526 Where to Obtain 2009 Annual State Public Water Systems Report Kansas' State Report is available by accessing the state's website: Website: http://www.kdheks.gov/pws/ B-24 ------- State of Kentucky 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 0 17 73** Systems in Violation 0 14 25** Treatment Technique Violations 4 0 NR** Systems in Violation 4 0 NR** Significant Monitoring Violations 208 24 22 58 54 34 Systems in Violation 22* 5 4 39 36 14 *Possible overcounting of violating systems. **MCL and Treatment Technique violations are combined in the SDWIS/FED Report. 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 479 NR 494 Where to Obtain the 2009 Annual State Public Water Systems Report Kentucky did not submit a 2009 Annual Report to the U.S. EPA. EPA generated data from SDWIS/FED. B-25 ------- State of Louisiana 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 0 156 25* Systems in Violation 0 117 17* Treatment Technique Violations 5 0 NR* Systems in Violation 1 0 NR* Significant Monitoring Violations 0 32 27 226 232 12 Systems in Violation 0 30 6 197 185 6 *MCL and Treatment Technique violations are combined in the SDWIS/FED Report. 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 1,436 NR 715 Where to Obtain the 2009 Annual State Public Water Systems Report Louisiana did not submit a 2009 Annual Report to the U.S. EPA. EPA generated data from SDWIS/FED. B-26 ------- State of Maine 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 21 178 52** Systems in Violation 10 128 13** Treatment Technique Violations 12 37 NR** Systems in Violation 9 29 NR** Significant Monitoring Violations 240 787 0 138 44 6 Systems in Violation 134* 484 0 107 34 3 *Possible overcounting of violating systems. **MCL and Treatment Technique violations are combined in the SDWIS/FED Report. 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 1,910 NR 1,515 Where to Obtain the 2009 Annual State Public Water Systems Report: Maine did not submit a 2009 Annual Report to the U.S. EPA. EPA generated data from SDWIS/FED. B-27 ------- State of Maryland 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 61 287 74 Systems in Violation 30 252* 5 Treatment Technique Violations 13 66 0 Systems in Violation 12 66 0 Significant Monitoring Violations 201 348 8 133 65 4 Systems in Violation 128* 201 5 131* 59 2 *Possible overcounting of violating systems. 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 3,488 NR 1,260 Where to Obtain 2009 Annual State Public Water Systems Report The Maryland State Report did not provide information regarding public availability. B-28 ------- State of Massachusetts 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 0 241 3* Systems in Violation 0 152 2* Treatment Technique Violations 3 2 NR* Systems in Violation 2 2 NR* Significant Monitoring Violations 0 99 0 77 21 23 Systems in Violation 0 82 0 71 20 16 *MCL and Treatment Technique violations are combined in the SDWIS/FED Report. 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 1,780 NR 469 Where to Obtain the 2009 Annual State Public Water Systems Report Massachusetts did not submit a 2009 Annual Report to the U.S. EPA. EPA generated data from SDWIS/FED. B-29 ------- State of Michigan 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 131 382 13 Systems in Violation 130 287 2 Treatment Technique Violations 0 1 2 Systems in Violation 0 1 1 Significant Monitoring Violations 625 869 0 120 15 5 Systems in Violation 468 717 0 98 14 4 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 11,450 1,347* 2,163 *Possible overcounting of violating systems. Includes systems violating public notification requirements. Where to Obtain the 2009 Annual State Public Water Systems Report: Michigan's State Report is available by accessing the state's website or by contacting: DNRE/ERMD P.O. Box 30241 Lansing, Ml 48909 Mr. Daniel Dettweiler: Telephone: (517) 241-1373 E-mail: dettweilerd@michigan.gov Ms. Kristen Philip Telephone: (517) 241-1238 E-mail: philipk@michigan.gov Website: http://www.michigan.gov/deq Click Water, then Drinking Water, then Community Water Supply B-30 ------- State of Minnesota 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 91 171 3 Systems in Violation 91* 167* 3 Treatment Technique Violations 8 6 0 Systems in Violation 8* 6 0 Significant Monitoring Violations 7 66 8 43 NR 16 Systems in Violation 7 57 5 43 NR 16 *Possible overcounting of violating systems. 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 7,224 NR 419 Where to Obtain the 2009 Annual State Public Water Systems Report Minnesota's State Report is available by accessing the state's website or by contacting: Minnesota Department of Health Division of Environmental Health Drinking Water Protection Section 625 N. Robert St. PO Box 64975 St. Paul, MN 55164-0975 Telephone: (651) 201-4700 Website: http://www.health.state.mn.us/divs/eh/water/com/dwar/report09.html B-31 ------- State of Mississippi 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 0 69 89* Systems in Violation 0 64 29* Treatment Technique Violations 0 2 NR* Systems in Violation 0 2 NR* Significant Monitoring Violations 42 21 0 58 113 29 Systems in Violation 2 20 0 53 74 27 *MCL and Treatment Technique violations are combined in the SDWIS/FED Report. 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 1,273 NR 423 Where to Obtain the 2009 Annual State Public Water Systems Report Mississippi did not submit a 2009 Annual Report to the U.S. EPA. EPA generated data from SDWIS/FED. B-32 ------- State of Missouri 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations NR NR NR Systems in Violation NR NR NR Treatment Technique Violations NR NR NR Systems in Violation NR NR NR Significant Monitoring Violations NR NR NR NR NR NR Systems in Violation NR NR NR NR NR NR 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 2,788 NR NR Where to Obtain the 2009 Annual State Public Water Systems Report: Missouri's State Report did not provide information regarding public availability. B-33 ------- State of Montana 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 78 243 25 Systems in Violation 32 154 6 Treatment Technique Violations 42 8 0 Systems in Violation 12 8 0 Significant Monitoring Violations 602 644 28 132 62 38 Systems in Violation 132 374 8 84 42 23 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 695 NR 1,902 Where to Obtain the 2009 Annual State Public Water Systems Report: Montana's State Report is available by accessing the state's website or by contacting: Montana Department of Environmental Quality P.O. Box 200901 Helena, MT 59620-0901 Contact Name: Eugene Pizzini Email: epizzini@mt.gov Telephone: (406) 444-6972 Fax:(406)444-1375 Website: http://www.deq.mt.gov/wqinfo/pws/index.asp B-34 ------- Navajo Nation 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 0 16 0 Systems in Violation 0 13 0 Treatment Technique Violations 0 0 0 Systems in Violation 0 0 0 Significant Monitoring Violations 0 69 0 12 54 0 Systems in Violation 0 23 0 12 15 0 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 163 NR 151 Where to Obtain the 2009 Annual State Public Water Systems Report: Navajo Nation did not submit a 2009 Annual Report to the U.S. EPA. EPA generated data from SDWIS/FED. B-35 ------- State of Nebraska 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 201 216 10 Systems in Violation 81* 163 3 Treatment Technique Violations 3 NR 1 Systems in Violation 3 NR 1 Significant Monitoring Violations 10 82 1 3 NR 5 Systems in Violation 10* 75 1 3 NR 4 * Possible overcounting of violating systems. 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 1,328 294 532 Where to Obtain the 2009 Annual State Public Water Systems Report: Nebraska's State Report is available by accessing the state's website or by contacting: Nebraska Department of Health and Human Services Division of Public Health 301 Centennial Mall South P.O. Box95026 Lincoln, NE 68509 Contact: Jo Ann Wagner Telephone: (402) 471-0520 Email: joann.wagner@nebraska.gov Website: http://www.dhhs.ne.gov/enh/pwsindex.htm B-36 ------- State of Nevada 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 117 154 74 Systems in Violation 32 105 27 Treatment Technique Violations 1 18 NR Systems in Violation 1 17 NR Significant Monitoring Violations 232 NR NR NR 19 NR Systems in Violation 72 NR NR NR 19 NR 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 552 204 606* The total number of violations in the report (606) differs from the calculated total (615). Where to Obtain the 2009 Annual State Public Water Systems Report Nevada's State Report is available by accessing the state's website or visiting county libraries in the state. Website: http://ndep.nv.gov/BSDW/oversight.htm B-37 ------- State of New Hampshire 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 123 233 25 Systems in Violation 52* 175 5 Treatment Technique Violations 2 17 2 Systems in Violation 2 16 1 Significant Monitoring Violations 273 429 0 28 50 20 Systems in Violation 68* 304 0 18 50 15 *Possible overcounting of violating systems. 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 2,413 NR 1,202 Where to Obtain the 2009 Annual State Public Water Systems Report New Hampshire's State Report is available by accessing the state's website or by contacting: New Hampshire Department of Environmental Services Water Division, Drinking Water and Groundwater Bureau 29 Hazen Drive P.O. Box 95 Concord, NH 03302-0095 Website: http://des.nh.gov/organization/divisions/water/dwgb/annuaLreport.htm Attention: Terri Sabbia Telephone: (603) 271-2923 Email: Theresa.Sabbia@doit.nh.gov B-38 ------- State of New Jersey 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 72 280 10** Systems in Violation 36 210 5** Treatment Technique Violations 3 0 NR** Systems in Violation 3* 0 NR** Significant Monitoring Violations 428 334 0 607 2 5 Systems in Violation 61* 259 0 399 1 4 *Possible overcounting of violating systems. **MCL and Treatment Technique violations are combined in the SDWIS/FED Report. 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 3,864 NR 1,741 Where to Obtain the 2009 Annual State Public Water Systems Report New Jersey did not submit a 2009 Annual Report to the U.S. EPA. EPA generated data from SDWIS/FED. B-39 ------- State of New Mexico 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 154 75 15 Systems in Violation 53* 54 6 Treatment Technique Violations 26 1 8 Systems in Violation 11 1 7 Significant Monitoring Violations 25 151 19 187 170 12 Systems in Violation 6* 101 4 139 124 9 *Possible overcounting of violating systems. 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 1,221 451** 843t "Possible overcounting of violating systems. Includes systems violating public notification requirements. tThe total number of violations in the report not including public notification and groundwater violations (1,228) differs from the calculated total (843). Where to Obtain the 2009 Annual State Public Water Systems Report: New Mexico's State Report is available by accessing the state's website by contacting: DWB Grants Coordinator Drinking Water Bureau New Mexico Environment Department Telephone (toll-free): (877) 654-8720 Website: http://www.nmenv.state.nm.us/dwb/dwbtop.html B-40 ------- State of New York 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations NR NR NR Systems in Violation NR NR NR Treatment Technique Violations NR NR NR Systems in Violation NR NR NR Significant Monitoring Violations NR NR NR NR NR NR Systems in Violation NR NR NR NR NR NR *State report lacked a breakdown by rule. 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 9,147 4,145 7,484 Where to Obtain the 2009 Annual State Public Water Systems Report: New York's State Report is available by accessing the state's website: Website: http://www.nyhealth.gov/environmental/water/drinking/violations/2009/2009_compliance_report.htm B-41 ------- State of North Carolina 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 32 291 137** Systems in Violation 20 226 59** Treatment Technique Violations 1 83 NR** Systems in Violation 1 77 NR** Significant Monitoring Violations 906 1,368 0 961 195 199 Systems in Violation 75* 849 0 597 120 154 *Possible overcounting of violating systems. **MCL and Treatment Technique violations are combined in the SDWIS/FED Report. 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 6,268 NR 4,173 Where to Obtain the 2009 Annual State Public Water Systems Report: North Carolina did not submit a 2009 Annual Report to the U.S. EPA. EPA generated data from SDWIS/FED. B-42 ------- State of North Dakota 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 27 22 9 Systems in Violation 9 18 3 Treatment Technique Violations 2 0 0 Systems in Violation 1 0 0 Significant Monitoring Violations 1 61 0 11 0 31 Systems in Violation 1 52 0 11 0 31 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 499 98 164 Where to Obtain the 2009 Annual State Public Water Systems Report North Dakota's State Report is available by contacting: North Dakota Department of Health Division of Municipal Facilities 918 E Divide Ave-3rd Floor Bismarck, ND 58501-1947 Attention: LeeAnn Tillotson Telephone: (701)328-5293 Fax:(701)328-5200 E-mail: ltillots@nd.gov B-43 ------- Northern Mariana Islands 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 0 14 2* Systems in Violation 0 11 2* Treatment Technique Violations 0 0 NR* Systems in Violation 0 0 NR* Significant Monitoring Violations 0 15 0 76 10 0 Systems in Violation 0 4 0 46 7 0 *MCL and Treatment Technique violations are combined in the SDWIS/FED Report. 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 88 NR 117 Where to Obtain the 2009 Annual State Public Water Systems Report Northern Mariana Islands did not submit a 2009 Annual Report to the U.S. EPA. EPA generated data from SDWIS/FED. B-44 ------- State of Ohio 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 73 392 61** Systems in Violation 36 286 21** Treatment Technique Violations 20 37 NR** Systems in Violation 12* 23 NR** Significant Monitoring Violations 558 947 1 170 61 43 Systems in Violation 66* 654 1 133 45 21 *Possible overcounting of violating systems. **MCL and Treatment Technique violations are combined in the SDWIS/FED Report. 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 4,985 NR 2,363 Where to Obtain the 2009 Annual State Public Water Systems Report: Ohio did not submit a 2009 Annual Report to the U.S. EPA. EPA generated data from SDWIS/FED. B-45 ------- State of Oklahoma 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 148 90 424 Systems in Violation 50* 80* 105 Treatment Technique Violations 82 0 139 Systems in Violation 27* 0 44 Significant Monitoring Violations 1,310 764 51 134 0 504 Systems in Violation 74* 429* 11 134 0 200* *Possible overcounting of violating systems. 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 1,568 999** 3,646 "The total number of violating systems in the report does not include systems violating Stage 2 DBPR. "The total number of violations in the report (3,246) differs from the calculated total (3,646) because Oklahoma did not include Stage 2 DBPR. Where to Obtain the 2009 Annual State Public Water Systems Report: Oklahoma's State Report is available by accessing the state's website or by contacting: Department of Environmental Quality Water Quality Division, 7th Floor 707 N. Robinson Oklahoma City, OK 73101-1677 By mail: Department of Environmental Quality Water Quality Division P.O. Box 1677 Oklahoma City, OK 73101-1677 Website: http://www.deq.state.ok.us B-46 ------- State of Oregon 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 109 234 13** Systems in Violation 38 165 4** Treatment Technique Violations 23 46 NR** Systems in Violation 16 44 NR** Significant Monitoring Violations 3,066 1,322 259 318 147 190 Systems in Violation 513* 806 100* 134 47 82 *Possible overcounting of violating systems. **MCL and Treatment Technique violations are combined in the SDWIS/FED Report. 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 2,630 NR 5,727 Where to Obtain the 2009 Annual State Public Water Systems Report: Oregon did not submit a 2009 Annual Report to the U.S. EPA. EPA generated data from SDWIS/FED. B-47 ------- State of Pennsylvania 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 151 533 81 Systems in Violation 80 442 37* Treatment Technique Violations 56 8 59 Systems in Violation 7 8 28* Significant Monitoring Violations 4,639 1,466 230 51 139 1,871 Systems in Violation 1,459 1,141 64 44 139 799 *Possible overcounting of violating systems. 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 9,380 2,779** 9,284| "Possible overcounting of violating systems. Includes systems violating public notification requirements. tThe total number of violations in the report not including public notification violations (10,803) differs from the calculated total (9,284). Where to Obtain the 2009 Annual State Public Water Systems Report Department of Environmental Protection Bureau of Water Standards and Facility Regulation P.O. Box 8467, 11th Floor RCSOB Harrisburg, PA 17105-8467 Telephone: (717) 787-5017 Website: http://www.dep.state.pa.us Keyword: drinking water B-48 ------- Puerto Rico 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 0 204 19 Systems in Violation 0 128* 14* Treatment Technique Violations 61 0 19 Systems in Violation 21* 0 9 Significant Monitoring Violations 90 1,962 17 NR 47 Systems in Violation 66* 251 16 NR 47* *Possible overcounting of violating systems. 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 493 NR 2,419 Where to Obtain the 2009 Annual State Public Water Systems Report Puerto Rico's Report is available by accessing the territory's website or by contacting: Department of Health Public Water Supply Supervision Program Ponce de Leon Avenue, #431 Nacional Plaza Suite 903 HatoRey, Puerto Rico 00917 Website: http://www.salud.gov.pr B-49 ------- State of Rhode Island 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 4 51 3 Systems in Violation 2 36 1 Treatment Technique Violations 0 2 0 Systems in Violation 0 2 0 Significant Monitoring Violations 25 106 0 23 5 0 Systems in Violation 25 100 0 21 5 0 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 484 151 219 Where to Obtain the 2009 Annual State Public Water Systems Report The Rhode Island State Report did not provide information regarding public availability. B-50 ------- State of South Carolina 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 21 68 4** Systems in Violation 13 43 2** Treatment Technique Violations 4 1 NR** Systems in Violation 2* 1 NR" Significant Monitoring Violations 3 37 0 42 53 0 Systems in Violation 1 31 0 40 53 0 *Possible overcounting of violating systems. **MCL and Treatment Technique violations are combined in the SDWIS/FED Report. 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 1,493 NR 233 Where to Obtain the 2009 Annual State Public Water Systems Report: South Carolina did not submit a 2009 Annual Report to the U.S. EPA. EPA generated data from SDWIS/FED. B-51 ------- State of South Dakota 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 64 17 1 Systems in Violation 16 15 1 Treatment Technique Violations 1 10 37 Systems in Violation 1 5 37 Significant Monitoring Violations 360 48 1 6 8 53 Systems in Violation 13 34 1 6 8 15 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 655 188* 606 *Possible overcounting of violating systems. Includes systems violating public notification requirements. Where to Obtain the 2009 Annual State Public Water Systems Report South Dakota's State Report is available by accessing the state's website or by contacting: South Dakota Department of Environment and Natural Resources Drinking Water Program, PMB-2020 Joe Foss Building 523 East Capitol Ave. Pierre, SD 57501 Attention: Mark S. Mayer, P.E. Telephone: (605) 773-3754 Email: mark.mayer@state.sd.us Website: http://denr.sd.gov/des/dw/complianceinfo.aspx B-52 ------- State of Tennessee 2009 PWS Compliance Report Violations for 2009* Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 0 29 12 Systems in Violation 0 26 8 Treatment Technique Violations 14 0 1 Systems in Violation 10 0 1 Significant Monitoring Violations 4 67 41 0 13 72 Systems in Violation 4 63 33 0 13 39 *Report includes two different sets of numbers. Numbers from the Violations Summary are listed. 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 868 159 253 Where to Obtain the 2009 Annual State Public Water Systems Report The Tennessee State Report did not provide information regarding public availability. B-53 ------- State of Texas 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 348 127 157** Systems in Violation 164 117 108** Treatment Technique Violations 8 15 NR** Systems in Violation 4* 13 NR** Significant Monitoring Violations 130 1,674 1 12 281 320 Systems in Violation 16* 720 1 12 155 320 *Possible overcounting of violating systems. **MCL and Treatment Technique violations are combined in the SDWIS/FED Report. 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 6,859 NR 3,073 Where to Obtain the 2009 Annual State Public Water Systems Report: Texas did not submit a 2009 Annual Report to the U.S. EPA. EPA generated data from SDWIS/FED. B-54 ------- State of Utah 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 2 99 0 Systems in Violation 2 70 0 Treatment Technique Violations 2 0 0 Systems in Violation 2 0 0 Significant Monitoring Violations 1,530 189 0 258 0 76 Systems in Violation 206* 150 0 165 0 50 *Possible overcounting of violating systems. 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 1,015 NR 2,156 Where to Obtain the 2009 Annual State Public Water Systems Report Utah did not submit a 2009 Annual Report to the U.S. EPA. EPA generated data from SDWIS/FED. B-55 ------- State of Vermont 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 72 89 NR Systems in Violation 27* 84* NR Treatment Technique Violations 1 1 NR Systems in Violation 1 1 NR Significant Monitoring Violations 185 430 1 16 62 204 Systems in Violation 166* 323* 1 14* 61 120* *Possible overcounting of violating systems. 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 1,365 507** 1167** "The numbers in the report may include additional violations and violating systems than what is summarized above. Where to Obtain the 2009 Annual State Public Water Systems Report: Vermont's State Report is available by contacting: Vermont Water Supply Division 103 South Main Street Waterbury.VT 05671-0403 Telephone: (802) 241-3400 Telephone (in Vermont): (800) 823-6500 B-56 ------- Virgin Islands 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 14 65 0 Systems in Violation 9 49 0 Treatment Technique Violations 0 0 NR Systems in Violation 0 0 NR Significant Monitoring Violations 19 60 0 139 9 216 Systems in Violation 19 27 0 139 9 115 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 301 NR 522 Where to Obtain the 2009 Annual State Public Water Systems Report: Virgin Island's Report is available by accessing the state's website or by contacting: Department of Natural Resources Division of Environmental Protection 45 Mars Hills, Frederiksted St. Croix, US Virgin Islands 00841 Telephone: (340) 473-1082 Fax: (340) 692-9794 Web Site: http://www.dpnr.gov.vi/dep/home.htm B-57 ------- State of Virginia 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 97 317 38 Systems in Violation 30 205 15 Treatment Technique Violations 5 50 38 Systems in Violation 5 45 36 Significant Monitoring Violations 935 697 3 165 54 47 Systems in Violation 115 467 1 148 38 28 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 2,879 885 2,395 Where to Obtain the 2009 Annual State Public Water Systems Report: Virginia's State Report is available by accessing the state's web site or by contacting: Virginia Department of Health Office of Drinking Water 109 Governor Street, 6th Floor Richmond, VA 23219 Contact: Robert A. K. Payne, Esq. Telephone: (804) 864-7498 Fax: (804) 864-7520 Email: rob.payne@vdh.virginia.gov Web Site: http://www.vdh.virginia.gov/drinkingwater/compliance/annualReport.htm B-58 ------- State of Washington 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 89 506 0 Systems in Violation 40 362 0 Treatment Technique Violations 32 0 0 Systems in Violation 21 0 0 Significant Monitoring Violations 5,568 643 7 245 349 0 Systems in Violation 540* 459 4 237 332 0 *Possible overcounting of violating systems. 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 4,341 NR 7,439 Where to Obtain the 2009 Annual State Public Water Systems Report: Washington did not submit a 2009 Annual Report to the U.S. EPA. EPA generated data from SDWIS/FED. B-59 ------- State of West Virginia 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 7 8 58 Systems in Violation 2 8 22 Treatment Technique Violations 23 5 12 Systems in Violation 17 5 10 Significant Monitoring Violations 1,330 429 85 182 167 215 Systems in Violation 135* 210 27 81 109 88 *Possible overcounting of violating systems. 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 1,106 NR 2,521 Where to Obtain the 2009 Annual State Public Water Systems Report The West Virginia State Report did not provide information regarding public availability. B-60 ------- State of Wisconsin 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 89 385 5 Systems in Violation 39* 299 4 Treatment Technique Violations 0 2 0 Systems in Violation 0 2 0 Significant Monitoring Violations 1,480 600 0 20 23 5 Systems in Violation 403* 499 0 20 23 4 *Possible overcounting of violating systems. 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 11,422 NR 2,609 Where to Obtain the 2009 Annual State Public Water Systems Report: Wisconsin's State Report is available by contacting: Wisconsin Department of Natural Resources Bureau of Drinking Water and Groundwater P.O. Box 7921 Madison, Wl 53707 Telephone: (608) 267-4230 B-61 ------- State of Wyoming 2009 PWS Compliance Report Violations for 2009 Violations Category Chemical Contaminant Group Total Coliform Rule Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Long Term Enhanced Surface Water Treatment Rule and Filter Backwash Recycling Rule Lead and Copper Rule Consumer Confidence Report Disinfection Byproducts Rule MCL Violations 5 50 12 Systems in Violation 2 39* 10* Treatment Technique Violations 2 NR 0 Systems in Violation 2 NR 0 Significant Monitoring Violations 18 85 3 13 3 2 Systems in Violation 13 64 2 13 3 2 *Possible overcounting of violating systems. 2009 Total Number of Regulated Systems Total Number of Systems in Violation Total Number of Violations 778 124 193 Where to Obtain the 2009 Annual State Public Water Systems Report: Wyoming's State Report is available by accessing the state's Website or by contacting: EPA Region 8's Environmental Information Service Center Telephone: (303) 312-6312 or (800) 227-8917 E-mail: r8eisc@epa.gov Website: http://epa.gov/Region8/water/dwhome/wycon/wycon.html B-62 ------- |