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On January 3, 2013, EPA interpreted the existing federal regulations pertaining to direct delivery of Consumer Confidence Reports (CCRs) as allowing several options for electronic delivery (e‐delivery). No changes were made to the CCR regulation. Community Public Water Systems (PWSs) must continue to meet all the same requirements (e.g., content, Good Faith Efforts to reach non‐bill paying consumers, foreign language, certification, etc.). Please note that e‐delivery is optional. Systems may choose to continue past delivery methods including regular mail, door‐to‐door delivery or posting in an appropriate location (when approved).
For PWSs that intend to use e‐delivery the following information is applicable:
The EPA memorandum can be found on the EPA website at https://www.epa.gov/sites/production/files/2015-12/documents/ccrdeliveryoptionsmemo.pdf. Systems without Internet access or that are unable to download this memorandum can obtain a hardcopy by contacting the MassDEP staff listed at the end of this letter. MassDEP strongly recommends that all systems read the EPA memorandum as it covers issues for consideration, provides helpful examples and expands on the helpful information below.
Community PWSs must mail or otherwise directly deliver a CCR to all “customers,” defined as bill‐paying consumers. Community PWSs must also make three Good Faith Efforts to reach the non‐billed consumers. Mailing out CCRs to the postal patrons in a PWS service area will reach more people than mailing to bill‐paying customers, but it has its limitations. Postal patrons may not include people who work in the service area but live in a different one. If a system decides to use a postal patron mailing, they are still required to do three additional Good Faith Efforts.
In order to reach all customers, community PWSs will likely have to use a combination of e‐delivery and mailed paper copies. Some customers prefer a hardcopy version and some will not have internet access. Both the hardcopy and the e‐copy must have all the required information in them. The e‐copy allows the PWS to include additional information and can include links to this extra information. If the e‐copy CCR is different from the hardcopy CCR both must be sent to MassDEP for review along with your delivery certification.
Community PWSs that post their CCR to a web page must have the site live as soon as the URL is delivered to its customers. MassDEP will require that this site remain active until the next year’s CCR is delivered. PWSs must keep copies of the most recent three years of CCRs; make sure when you upload a new CCR that the previous CCRs are archived properly, either online or as hardcopies in your files. Try to make the URL as clear and distinct as possible; avoid characters that could easily be confused such as the number zero and the letter O or the capital letter L, the lower case letter l, and the number 1. There are many URL‐shortening services out on the internet. PWSs may use these services but do so at their own risk as these links can be broken or spam filters may prevent their delivery. A PWS will be noncompliant with the CCR regulation if their URL is disabled. If a system uses a web site to comply with the direct delivery requirement, that effort cannot also be counted as a Good Faith Effort.
A CCR that includes a Tier 3 Public Notice may use e‐delivery. All other Public Notices must follow existing delivery requirements and e‐delivery is not permitted.
MassDEP may alter these policies over time to better meet the intent of e‐delivery. If so we will send out another letter explaining any changes.