Ill. Admin. Code tit. 35 § 611.360

Current through Register Vol. 48, No. 49, December 6, 2024

Section 611.360 - Reporting

A supplier must report specific information to the Agency as this Section provides.

a) Reporting for Tap, Lead, and Copper, and Water Quality Parameter Monitoring

1) Notwithstanding Section 611.840(a) and except as subsection (a)(1)(H) provides otherwise, a supplier must report the information subsections (a)(1)(A) through (a)(1)(I) specify for all samples and for all water quality parameter samples Section 611.357 specifies within ten days after the end of each applicable tap sampling period Sections 611.356 and 611.357 specify (i.e., every six months, annually, triennially, or every nine years). For a tap monitoring cycle shorter than six months, the end of the tap monitoring cycle is the last date on which the supplier may collect samples during that tap sampling period, as Sections 611.356 and 611.357 specify.

A) The results of all tap samples for lead and copper, including the location of each site and the criteria under Section 611.356(a)(3) through (a)(10) the supplier used as the basis for selecting the site for its sampling pool, accounting for Section 611.356(a)(11);

B) Supporting documents for each tap water lead or copper sample the supplier requests the Agency invalidate under Section 611.356(f)(2);

C) A supplier having lead, galvanized requiring replacement, or lead status unknown service lines in its lead service line inventory under Section 611.354(a) must re-evaluate the tap sampling locations the supplier uses in its sampling pool prior to the compliance date Section 611.350(a) specifies, then the more frequent of annually or prior to the each subsequent round of tap sampling the supplier conducts, whichever is more frequent;

i) Before the first applicable tap monitoring cycle under Section 611.356(d), the supplier must submit a site sample plan to the Agency under Section 611.356, including a list of tap sample site locations identified in the inventory under Section 611.354(a), and a list a tap sampling WQP sites the supplier selected under Section 611.357(a)(1). The supplier must update and submit the site sample plan to the Agency before changing any sample site locations. The Agency may issue a SEP requiring the supplier to modify its site sample plan as necessary.

ii) For a supplier having lead service line sites but an insufficient number to meet the minimum number Section 611.356 requires, the supplier must document support for its conclusion that it has an insufficient number of lead service line sites complying with the applicable of 40 CFR Section 141.86(a)(3) or (a)(4) (for a CWS supplier) or 40 CFR Section 141.86(a)(8) (for an NTNCWS supplier);

D) The 90^th percentile lead and copper concentrations the supplier measures from among all lead and copper tap samples the supplier collects during each tap sampling period (calculated under Section 611.350(c)(4)), unless the Agency calculates the supplier's 90^th percentile lead and copper concentrations under subsection (h);

E) With the exception of initial tap sampling under Section 611.356(d)(1), the supplier must identify any site it did not sample during previous tap sampling periods and explain why sampling sites have changed;

F) The results of all water quality parameter tap samples the supplier must collect under Section 611.357(b) through (g);

G) The results of all samples the supplier collects at entry points for applicable water quality parameters under Section 611.357(b) through (e);

H) A supplier must report the results of all water quality parameter samples the supplier collects under Section 611.357(c) through (f) during each six-month water quality monitoring period Section 611.357(d) specifies within the first ten days following the end of the water quality monitoring period, unless the Agency specifies a more frequent reporting requirement in a SEP; and

I) Before the first applicable tap sampling period under Section 611.356(d), the supplier must submit to the Agency, a copy of the tap sampling protocol the supplier provides to persons sampling. The Agency must verify that the supplier uses wide-mouth collection bottles and the supplier does not recommend pre-stagnation flushing or aerator cleaning or removal before collecting samples under Section 611.356(b). The tap sampling protocol must contain instructions for correctly collecting a first draw sample at a site without a lead service line and a first draw and a fifth liter sample at a site with a lead service line, as applicable. If the supplier seeks to modify the tap sampling protocol it submitted this subsection (a)(1)(I), the supplier must submit the updated version of the protocol to the Agency for review and approval at least 60 days before using it.

2) For an NTNCWS supplier, or a CWS supplier complying with Section 611.356 (b)(5), not having enough taps for first-draw or fifth liter tap samples, the supplier must do one of two things:

A) The supplier must identify to the Agency in writing standing times and locations for enough non-first-draw and fifth liter tap samples to make up its sampling pool under Section 611.356(b)(5) by the start of the first applicable monitoring period under Section 611.356(d), unless the Agency waives prior Agency approval of non-first-draw and fifth liter tap sampling sites the supplier selects under Section 611.356(b)(5); or

B) If the Agency waives prior approval of non-first-draw sampling sites the supplier selects, the supplier must identify each site that did not meet the six-hour minimum standing time and the length of standing time for that particular substitute sample collected under Section 611.356(b)(5) in writing and include this information with the lead and copper tap sample results the supplier must submit under subsection (a)(1)(A).

3) At a time the Agency specifies in a SEP, a supplier must document adding a new source or any change in water treatment to the Agency describing the addition or change. If the Agency does not specify a time in a SEP, the supplier must document the changes to the Agency as early as possible but no later than six months before adding a new source or any change in water treatment. The Agency may issue a SEP requiring a supplier to take actions before or after adding a new source or making a long-term change in treatment to ensure the supplier will operate and maintain OCCT, such as additional water quality parameter monitoring, additional lead or copper tap sampling, and re-evaluating corrosion control treatment.

BOARD NOTE: USEPA gives examples of long-term changes in treatment as including adding a new treatment process or modifying an existing treatment process. USEPA gives examples of modifying treatment as including switching secondary disinfectants, coagulants (e.g., alum to ferric chloride), or corrosion inhibitor (e.g., orthophosphate to blended phosphate). USEPA said that long-term changes can also include dose changes to existing chemicals if the supplier plans long-term changes to its finished water pH or residual inhibitor concentration. USEPA said that long-term treatment changes would not include chemical dose fluctuations associated with daily raw water quality changes where the supplier does not add a new source.

4) A small supplier applying for a monitoring waiver under Section 611.356(g) or subject to a waiver granted under Section 611.356(g)(3) must provide certain information to the Agency in writing before the applicable deadline:

A) Before the start of the first applicable tap monitoring cycle in Section 611.356(d), a small supplier applying for a monitoring waiver must provide the documents demonstrating that the supplier qualifies for a waiver under Section 611.356(g)(1) and (g)(2).

B) No later than nine years after the monitoring the supplier previously conducted under Section 611.356(g)(2) or Section 611.356(g)(4)(A), a small supplier wanting to maintain its monitoring waiver must provide the information Section 611.356(g)(4)(A) and (g)(4)(B) requires.

C) No later than 60 days after the small supplier becomes aware that it is no longer free of lead-containing or copper-containing material, a small supplier having a monitoring waiver must notify the Agency in writing, stating the circumstances introducing lead- or copper-containing materials into the system and describing any corrective action the supplier plans to remove these materials.

5) A GWS supplier limiting its water quality parameter monitoring to a subset of entry points under Section 611.357(c)(3) must identify its selected entry points to the Agency in writing, including information sufficiently demonstrating that the sites represent water quality and treatment conditions throughout the supplier's system.

b) Reporting for Source Water Monitoring

1) A supplier must report its sampling results for all source water samples it collects under Section 611.358 within ten days after the end of each source water monitoring period Section 611.358 specifies.

2) With the exception of the first round of source water sampling a supplier conducts under Section 611.358(b), a supplier must specify any site it did not sample during source water monitoring periods, explaining why the supplier changed the sampling point.

c) Reporting for Corrosion Control Treatment. Before the applicable dates under Section 611.351, a supplier must report certain information:

1) A supplier demonstrating that it already optimized corrosion control must provide the information Section 611.351(b)(1) through (b)(3) requires.

2) A supplier that must optimize corrosion control must provide its recommendation regarding OCCT under Section 611.352(a).

3) A supplier that must evaluate the effectiveness of corrosion control treatments under Section 611.352(c) must provide the information Section 611.352(c) requires.

4) A supplier that must install optimal corrosion control the Agency approves under Section 611.352(d) must provide a copy of the Agency permit letter, which acts as certification that the supplier completed installing the permitted treatment.

d) Reporting for Source Water Treatment. Before the applicable dates in Section 611.353, a supplier must provide certain information to the Agency:

1) If Section 611.353(b)(1) requires, the supplier must provide its recommendation on source water treatment; or

2) A supplier that must install source water treatment under Section 611.353(b)(2) must provide a copy of the Agency permit letter, which acts as certification that the supplier completed installing the Agency-approved treatment within 24 months after Agency approval.

e) Reporting for Lead Service Line Inventory and Replacement. A supplier must report certain information to the Agency demonstrating it complies with Sections 611.354 and 611.355:

1) No later than October 16, 2024, the supplier must submit an inventory of service lines to the Agency, as Section 611.354(a) requires.

2) No later than October 16, 2024, a supplier that inventoried a lead, galvanized requiring replacement, or lead status unknown service line in its distribution system must submit a lead service line replacement plan to the Agency, as Section 141.84(b) requires.

3) The supplier must provide the Agency with an updated version of its inventory under Section 611.354(a) consistent with its tap monitoring cycle schedule under Section 611.356(d), but no more frequently than annually. The supplier must submit its updated inventory within 30 days after the end of each tap monitoring cycle.

A) If the supplier demonstrates that it has no lead, galvanized requiring replacement, or lead status unknown service lines in its inventory, the supplier needs no longer submit inventory updates to the Agency, except as subsection (e)(3)(B) requires.

B) If a supplier complying with subsection (e)(3)(A) subsequently discovers that it must replace any service lines in its distribution system, the supplier must notify the Agency within 30 days after identifying the service lines and prepare an updated inventory under Section 611.354(a) on a schedule the Agency establishes in a SEP.

4) Within 30 days after the end of each tap monitoring cycle, the supplier must certify replacing any encountered lead goosenecks, pigtails, and connectors under Section 611.354(c).

5) Within 30 days after the end of each tap monitoring cycle, the supplier must certify to the Agency that the supplier made any partial and full lead service line replacements under Section 611.354(d) and (e).

6) If it fails to meet the 45-day deadline for completing a customer-initiated lead service line replacement under Section 611.354(d)(4), a supplier must notify the Agency within 30 days after the deadline to request that the Agency extend the deadline up to 180 days for completing the customer-initiated lead service line replacement. The supplier must annually certify that it has completed all customer-initiated lead service line replacements under Section 611.354(d)(4).

7) No later than 30 days after the end of the supplier's annual period for replacing lead service lines under Section 611.354(f) or (g), the supplier must submit certain information to the Agency and continue submitting the information each year the supplier conducts lead service line replacements under Section 611.354(f) or (g):

A) The number of lead service lines, as Section 611.354(a)(4) defines the term, in its inventory at the beginning of the annual period;

B) The number of galvanized requiring replacement service lines in its inventory at the beginning of the annual period;

C) The number of lead status unknown service lines, as Section 611.354(a)(4) defines the term, in its inventory at the beginning of the annual period;

D) The number of full lead service line replacements the supplier has made and the street address for each service line the supplier replaced;

E) The number of galvanized requiring replacement service lines the supplier replaced and the street address for each service line the supplier replaced;

F) The number of lead status unknown service lines, as Section 611.354(a)(4) defines the term, remaining in its inventory;

G) The total number of lead status unknown service lines the supplier determines are non-lead, as Section 611.354(a)(4) defines the terms; and

H) The total number of service lines the supplier initially inventoried as non-lead later and later discovered are lead or galvanized requiring replacement service lines.

8) No later than 30 days after the end of each tap sampling period, a supplier that received a customer refusal for a lead service line replacement or no customer response after the supplier makes a minimum of two good-faith efforts to contact customers regarding a full lead service line replacement under Section 611.354(g)(7) must certify to the Agency the number of customer refusals or non-responses it received from customers the supplier serves through a lead or galvanized requiring replacement service line. The supplier must maintain these documents.

9) No later than 12 months after the end of a tap sampling period during which a supplier exceeds the lead action level in sampling under Section 611.356, the supplier must provide to the Agency its schedule for annually replacing an average annual rate of at least three percent on a two-year rolling average basis, or as specified in Section 611.354(g), of the number of known lead service lines and galvanized lines requiring replacement when the lead trigger or action level was first exceeded and lead status unknown service lines at the beginning of each year that required replacement occurs in its distribution system.

10) No later than 12 months after the end of a sampling period during which a supplier exceeds the lead trigger level in monitoring under Section 611.356 and every 12 months after that, the supplier must certify to the Agency in writing:

A) That the supplier conducted consumer notification, as Sections 611.354(f)(4) and 611.355(g) require; and

B) That the supplier delivered public education materials to the affected consumers, as specified in Section 611.355(a).

C) If a supplier does not fulfill its annual service line replacement goal under Section 611.354(f), it must certify to the Agency in writing that the supplier conducted public outreach, as Section 141.85(h) requires. The supplier must also submit the outreach materials it used to the Agency.

11) The annual certification the supplier submits to the Agency under subsection (e)(10) must certify that the supplier provided the results from samples it collected between three months and six months after fully or partially replacing a lead service line to the resident within the timeframe Section 611.355(d)(2) requires. A mailed notice postmarked within three business days after receiving the results is timely.

12) Any supplier collecting samples following partial lead service line replacement Section 611.354 requirements must report the results to the Agency before the tenth day of the next month after the supplier receives the laboratory results or as the Agency specifies in a SEP. The Agency may issue a SEP waiving the supplier reporting these monitoring results, but the supplier must retain these records. A supplier must also report any additional information the Agency specifies in a time and manner the Agency prescribes to verify that the supplier completed all partial lead service line replacement activities.

13) A supplier having lead service lines in its inventory must certify on an annual basis that the supplier complied with consumer notification of service line containing lead under Section 611.355(e).

f) Reporting for Public Education Program

1) A supplier subject to Section 611.355 must send documents to the Agency containing certain items within ten days after the end of each period in which the supplier must perform public education under Section 611.355(b):

A) The public education materials the supplier delivered, and documents showing that the supplier delivered the public education materials complying with the content requirements in Sections 611.355(a) and the delivery requirements in Section 611.355(b); and

B) A list of all newspapers, radio stations, television stations, and facilities and organizations to which the supplier delivered public education materials when this Subpart G required the supplier to perform public education tasks.

2) Unless the Agency issues a SEP requiring a supplier to do so, a supplier that previously submitted the information subsection (f)(1)(B) requires need not resubmit the information subsection (f)(1)(B) requires, as long as no changes in the distribution list occurred, and the supplier certifies that it distributed the public education materials to the same list the supplier previously submitted.

3) No later than three months after the end of the tap sampling period, each supplier must mail a sample copy of the consumer notification of tap water monitoring results to the Agency, certifying that the supplier distributed the notification in a manner complying with Section 611.355(d).

4) The supplier must demonstrate to the Agency before July 1 of each year that the supplier delivered annual consumer notice and lead service line information materials under Section 611.355(e) to affected consumers the supplier serves through a lead, galvanized requiring replacement, or lead status unknown service line during the previous calendar year. The supplier must also provide a copy of the consumer notice and information materials to the Agency.

5) The supplier must demonstrate to the Agency before July 1 of each year that the supplier conducted an outreach activity under Section 611.355(h) if the supplier failed to meet the lead service line replacement goal under Section 611.354(f) during the previous calendar year. The supplier must also submit a copy to the Agency of the outreach it provided to customers.

6) The supplier must certify to the Agency before July 1 of each year that the supplier delivered notice to affected customers under Section 611.355(f) after any lead service line disturbance during the previous calendar year. The supplier must also submit a copy of the notice to the Agency.

7) The supplier must certify to the Agency before July 1 of each year that the supplier delivered the required find-and-fix information to the Agency and local health departments under Section 611.356(i) during the previous calendar year.

g) Reporting Additional Monitoring Data. Any supplier collecting more samples than the required minimum must report those sampling data results to the Agency within the first ten days following the end of the applicable sampling periods Sections 611.356 through 611.358 specify during which the supplier collected the samples. This includes the monitoring data for "find-and-fix" under Sections 611.356(h) and 611.357(g). The supplier must certify to the Agency the number of customer refusals or nonresponses for follow-up sampling it received under Section 611.352(j) with information supporting the accuracy of the refusals or non-responses. The supplier must certify within the first ten days after the end of the applicable tap sampling period during which any individual sample exceeded the lead action level.

h) Reporting 90^th Percentile Lead and Copper Concentrations If the Agency Calculates a Supplier's 90^th Percentile Concentrations. A water supplier needs not report its 90^th percentile lead and copper concentrations during each tap monitoring cycle, as subsection (a)(1)(D) requires, under certain circumstances:

1) The Agency previously notified the supplier that the Agency will calculate the supplier's 90^th percentile lead and copper concentrations based on the lead and copper tap results the supplier submitted under subsection (h)(2)(A), and the supplier provides the results from lead and copper tap water samples no later than ten days after the end of the applicable tap monitoring cycle;

2) The supplier provides the specific information to the Agency before the date subsection (h)(1) specifies:

A) The results from all tap water samples for lead and copper, including the location of each site and the Section 611.356(a)(3) through (a)(10) criteria under which the supplier selected the site for its sampling pool; and

B) The supplier must identify sampling sites it used during the current tap monitoring cycle that it did not sample during previous tap monitoring cycles, explaining why the supplier changed sampling sites; and

3) The Agency provides the written results of calculating the 90^th percentile lead and copper concentrations to the supplier within 15 days after the end of the tap sampling period.

i) Reporting Requirements for CWS Public Education and Sampling in Schools and Child Care Facilities

1) A CWS supplier must report to the Agency before July 1 of each year the previous calendar year's activity. The report must include certain information:

A) The supplier must certify that it made a good faith effort to identify schools and child care facilities under Section 611.362(e). The good faith effort may include reviewing customer records and requesting lists of schools and child care facilities from the Agency, the Department of Children and Family Services, the State Board of Education, or other pertinent local agency. A supplier certifying that it serves no schools or child care facilities needs not include the information subsections (i)(1)(B) through (i)(1)(D) require in the report. If changes occur to schools and child care facilities a supplier serves, the supplier must submit an updated list at least once every five years under Section 611.362(e).

BOARD NOTE: The Department of Children and Family Services regulates daycare facilities in Illinois, and the State Board of Education regulates primary and secondary schools. Local agencies may play a role, and many facilities and schools are not regulated under Illinois law. E.g., 225 ILCS 10 and 105 ILCS 5.

B) The supplier must certify that it delivered information about health risks from lead in drinking water to the school and child care facilities it serves under Section 611.362(a)(2) and (g)(1).

C) The supplier must certify that it completed notifying and sampling under Section 611.362 and subsections (i)(1)(C)(i) through (i)(1)(C)(v) at a minimum of 20 percent of elementary schools and 20 percent of child care facilities the supplier serves. The supplier must certify that it completed notifying and sampling under Section 611.362(g) and subsections (i)(1)(C)(i), (i)(1)(C)(ii), and (i)(1)(C)(v) for secondary schools the supplier sampled. After a supplier completes one cycle of required sampling in all elementary schools and child care facilities it identified under Section 611.362(a)(1), the supplier must subsequently certify that it completed notifying and sampling under Section 611.362(g) and subsections (i)(1)(C)(i), (i)(1)(C)(ii), and (i)(1)(C)(v) for all sampling the supplier later completes in any school or child care facility.

i) The number of schools and child care facilities the supplier serves;

ii) The number of schools and child care facilities the supplier sampled in the calendar year;

iii) The number of schools and child care facilities that refused sampling;

iv) Information about outreach attempts for sampling that a school or child care facility declined; and

v) The analytical results for all schools and child care facilities the supplier sampled in the calendar year.

D) The supplier must certify that it provided its sampling results to schools, child care facilities, and the Illinois Department of Public Health and local health agencies.

2) This subsection (i)(2) corresponds with 40 CFR 141.90(i)(2), which USEPA marked "reserved". This statement maintains structural consistency with the corresponding USEPA rules.

3) The Agency has provided the results of the 90^th percentile lead and copper calculations, in writing, to the supplier before the end of the monitoring period.

j) Reporting Requirements for Small Supplier Compliance Flexibility Options. Before the times subsections (j)(1) and (j)(2) provide, a supplier implementing a small supplier compliance option under Section 611.363 must provide certain information to the Agency:

1) Point-of-Use Device Option. A small CWS or NTNCWS supplier implementing the point-of-use device option under Section 611.363(a)(3), must report the results from tap sampling under Section 611.363 no later than ten days after the end of the tap monitoring cycle. If results exceed the lead trigger level, the supplier must reach out to the homeowner or building management or, if applicable, both within 24 hours after receiving the tap sample results. The supplier must complete corrective action within 30 days. If the supplier does not complete corrective action within 30 days, the supplier must document to the Agency within 30 days of the failure explaining why the supplier was unable to correct the issue. A supplier selecting the point-of-use device option under Section 611.363(a)(3) must document to the Agency certifying that the supplier maintains the point-of-use devices, unless the Agency issues a SEP waiving this requirement.

2) Replacing Lead-Bearing Plumbing Option. A small CWS or NTNCWS supplier implementing the option of replacing all lead-bearing plumbing under Section 611.363(a)(4) must certify to the Agency that the supplier replaced all lead-bearing material on the schedule the Agency establishes in a SEP within one year after designating the option under Section 611.363(a)(4).

Ill. Admin. Code tit. 35, § 611.360

Amended at 38 Ill. Reg. 3608, effective January 27, 2014

Amended at 42 Ill. Reg. 1140, effective 1/4/2018

Amended at 43 Ill. Reg. 8206, effective 7/26/2019

Amended at 44 Ill. Reg. 6996, effective 4/17/2020

Amended at 47 Ill. Reg. 16486, effective 11/2/2023

BOARD NOTE: This Section derives from 40 CFR 141.90.