Background -- Know Thy Water

Most people take their drinking water for granted. They open the tap and don't give much thought to what comes out. The EPA believes that Americans should think about the quality of their drinking water and a just-proposed rule will provide water company customers with a lot of detailed information.

Under the proposed rule, if it becomes effective, many American water companies will be required to "tell all" about the water being provided to their customers.

The proposal is referred to as the "Consumer Confidence Proposed Rule." Interested parties may send written comments to the EPA on or before March 30, 1998. A public hearing is scheduled for March 3, in Washington, DC and March 10 in San Francisco.

Which Water Companies Must Comply
Water companies with 15 or more regular connections used by year round residents or regularly supply 25 or more year round residents will have to comply with these new requirements. According to the EPA, out of the approximately 180 thousand water systems in the United States, only approximately 60 thousand will be covered by this proposed rule.

Consumer Confidence Report Requirements
If the rule is adopted, regulated water companies will be obligated to mail annual reports, referred to as "consumer confidence reports," to their customers. The rule sets forth information which, at a minimum, must be included in the reports. Water customers will be provided with a brief explanation of water quality rules, and will be advised of the source of the water that is being sold to them (well water, reservoir, etc.). Contaminant levels in the water that is being supplied will also be included as will information relating to environmental violations committed by the water suppliers.

The rule would also require water suppliers to provide addresses and phone numbers of agencies that may provide additional information. A more controversial proposal would require water companies to provide customers with 24 hour notice of certain water quality violations. In addition, in instances where water is contaminated, the water supplier will be required to identify the entity responsible for the contamination, if that information is known.

Water companies serving under 500 customers may be excluded from certain portions of the proposed rule. In addition, governors may propose modification of the reporting requirement in specified circumstances.

Conclusion
The EPA is proposing public notification rules which would make a lot of important water quality information available to customers of public water company suppliers. If this rule is adopted, it will be up to the public to read this information and to react appropriately.

The information provided in this column is written by Stuart Lieberman,a practicing environmental attorney, and is for general information purposes only. It is not legal advice and should not be used in place of legal advice.

Stuart Lieberman, Esq., and IRED.Com, Inc., will not accept any responsibilty for any reliance on the information in this column or any damages whatsoever resulting from reading this column.