Environment |

Transparency on drinking water contamination isn’t unanimous, Orlando Sentinel survey finds

PFAS: Have you heard of them?

They are a group of widespread and troubling contaminants, and they could be in your drinking water. Your utility knows if they are, or it will soon. But it may not go out of its way to let you know.

An Orlando Sentinel survey found reluctance among some local utility, government and industry leaders to be fully transparent – to go beyond transparency specifically mandated by the federal government – about what’s in your drinking water.

That finding dovetails with the Sentinel’s revelations earlier this year that Lake Mary, Sanford and Seminole County did not publicly disclose that regular testing during much of the past decade found a chemical contaminant, 1,4-dioxane, in their supply of tap water.

They were not required to tell consumers. Although the chemical is listed as likely to cause cancer, it is one of hundreds that are not regulated by state or federal authorities for their presence in drinking water. Also unregulated are PFAS chemicals.

Yale researchers want to speak with Central Floridians affected by 1,4-dioxane

“Continuous communication strengthens public trust,” said Greg Kail, spokesperson for the American Water Works Association, an industry advocacy group, adding that water utilities may struggle with transparency in the absence of state and federal drinking water rules for a chemical.

“Characterizing risk from unregulated substances, however, can be challenging,” he said.

The PFAS family of chemicals – perfluoroalkyl and polyfluoroalkyl substances – include PFOA, or perfluorooctanoic acid, and PFOS, or perfluorooctane sulfonic acid.

They are a chemistry tongue-twister. You know PFAS as key ingredients in Teflon, carpet, food packaging, cosmetics, waterproofing and stain blockers – and many other items in your life.

PFAS are known commonly as forever chemicals that resist degrading. They concentrate in wildlife, soil, water and you. They are linked to cancer, immune-system disruption, birth defects, high cholesterol and liver and thyroid disease.

In an effort to develop PFAS regulations, the U.S. Environmental Protection Agency is requiring utilities nationally to test their tap water for 29 types of PFAS from this year into 2025.

The testing requirement, for research purposes, is mandated by the Unregulated Contaminant Monitoring Rule, or UCMR of the U.S. Safe Drinking Water Act.

Many Florida utilities are likely to find PFAS, according to previous research. They will be required to publicly reveal findings, whether concentrations are extremely small or extremely high, in the annual Consumer Confidence Reports to utility customers.

But a UCMR survey is a one-time deal. Neither the 29 types of PFAS specified by the EPA for current testing nor any of the other potentially thousands of other PFAS formulations are listed among contaminants regulated by the agency – there are 90 such substances – for their presence in drinking water.

Outside of a UCMR survey, utilities legally don’t otherwise have to watch for PFAS in their tap water, much less ever reveal to consumers if the chemicals are present.

Such a lack of transparency played out in Seminole County, as reported this summer in the Orlando Sentinel’s Toxic Secret series.

A decade ago and as part of a UCMR survey, the EPA ordered utilities nationwide to test for several chemicals that do not fall under regulations for drinking water, including 1,4-dioxane, which the EPA says is likely to cause cancer.

The chemical was found in the tap water of Lake Mary, Sanford and northwest Seminole County at levels exceeding the state’s voluntary health-advisory level of 0.35 parts of 1,4-dioxane per 1 billion parts of water.

Lake Mary, Sanford and Seminole County utilities noted their initial discoveries of 1,4-dioxane by printing short, obscure statements in their annual reports sent to customers, which are called Consumer Confidence Reports.

The three utilities also adjusted their water systems to reduce pumping from an area of the underground Floridan Aquifer that contains 1,4-dioxane – a pollutant documented to have leaked down into the soil and water beneath a shuttered factory in Lake Mary.

Sanford to consider anti-pollution rules after 1,4-dioxane contamination

Since 2016, the drinking water of Lake Mary, Sanford and northwest Seminole County has been tested regularly for 1,4-dioxane.

Year after year since then, the chemical was detected in tap water: at about half the advisory level in Sanford and Seminole County, and at several times the advisory level in Lake Mary.

Yet none of the three governments reported 1,4-dioxane to the public. They were not required to: 1,4-dioxane is unregulated for drinking water.

In reaching out to dozens of elected officials, utilities leaders and industry groups, the Orlando Sentinel asked if unregulated chemicals – which include 1,4-dioxane and PFAS – should be reported to the public if discovered in any circumstance.

Q&A: What is 1,4-dioxane, is it safe to drink and how do you get rid of it?

Many leaders tiptoed around the question. Some were assertive in supporting unconditional transparency. Many responses were edited to meet the requested length of 50 words.

Jason Brodeur, state senator, R-Sanford: “I am committed to the ongoing process of ensuring water quality is monitored and maintained according to the most updated science available to us. Keeping our water supply safe is an ongoing process that evolves as additional information, science and circumstances change.”

Clint Bullock, Orlando Utilities Commission CEO and general manager: “OUC recognizes that potential unregulated substances in drinking water are causing concern in our community. Per the EPA’s Unregulated Contaminant Monitoring Rules, OUC tests for unregulated substances every five years. To meet all state and federal regulations, OUC performs thousands of tests and publishes the results in OUC’s annual Water Quality Report.”

Lee Constantine, Seminole County commissioner: “Local governments should and Seminole County does inform its water customers of water quality results, violations and additional testing results, including unregulated contaminants, through the EPA-required Consumer Confidence Report. With hundreds, maybe thousands, of other unregulated contaminants, it would be extremely helpful….if the federal and state agencies provided sufficient and clearer guidelines.”

Casey Cook, Florida League of Cities chief of legislative affairs: “The question you have asked is whether state and federal law should be changed to require some kind of enhanced public disclosure by utilities. The League recently commenced its legislative policy development process for 2024. Consequently, we have not developed a policy position on the question you have posed.”

Blaine Darrah, Seminole County resident and former board member for the Heathrow Master Community Association: “The new ones that could be of concern, like 1,4 dioxane, should be reported. Your question raises an issue – how many ‘unregulated contaminants’ exist in water? What other contaminants exist? Are they serious enough to measure and report regularly? That is why we have EPA guidelines in this country.”

Jerry Demings, Orange County mayor: “Orange County Utilities performs over 300,000 lab analyses each year and complies with all state and federal drinking water standards. The EPA-mandated testing for unregulated contaminants may be of interest to our residents, and therefore, we stand by our continued commitment to transparency and sharing information about our water quality.”

Buddy Dyer, Orlando mayor: “I think utilities should report as much as they can. I certainly think if they discover a contaminant, even if not on the EPA list, to the extent they know they have a toxic or dangerous chemical within their water, they should report that. The question becomes if it’s unregulated, what is the level of being dangerous?”

Anna Eskamani, state representative, D-Orlando: “Yes, consumers should absolutely be notified immediately, and be given opportunities to ask questions, express concerns, and be a part of the solution. As elected officials we should always engage in co-governance, especially when it comes to the health of our water supplies.”

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Adrienne Esposito, Citizens Campaign for the Environment executive director: “When it comes to contaminants in drinking water, ignorance isn’t bliss, ignorance is dangerous. It is imperative that the public is informed and routinely updated about water quality test results. Public education fosters support and understanding for legislative and policy changes crafted to protect our essential water resource.”

Kenneth Goodman, University of Miami Institute for Bioethics and Health Policy founder and director: “The duty of transparency is rarely trumped by concerns about causing disquiet or even panic. Managing this tension can be tricky. One approach is guided by principles of public health transparency – just the facts, with as much health information as possible. Trust citizens to be partners, not adversaries.”

Andria Herr, Seminole County commissioner: “Seminole County should inform customers of water quality results and include unregulated contaminants consistent with EPA guidelines….I have also asked for dashboards to be created for this and other critical items to make it easy to share the outcomes of our work with our citizens.”

Greg Kail, American Water Works Association spokesman: “In general, it’s good practice to communicate proactively about water quality, including unregulated substances. Continuous communication strengthens public trust. Characterizing risk from unregulated substances, however, can be challenging. The concentration of a contaminant in water and how long it is consumed are key factors in determining if it’s harmful.”

Frank Martz, Altamonte Springs city manager: “We already produce and distribute an annual comprehensive water quality report to our water customers. If someday we do detect something of concern, we would retest to ensure it was not a false positive. If the detection is confirmed, there is already a process for notification within the Unregulated Contaminant Monitoring Rule.”

Gabrielle Milch, environmental scientist and supervisor for the Seminole County Soil and Water Conservation District: “We should be told about [an unregulated toxic substance], but with caveats because you could cause fear in certain people. We don’t want to scare people by saying that there is an unregulated chemical in their water or create the impression that all water is unsafe. It’s a complicated issue. I don’t know the answer.”

Kim Ornberg, director of environmental services for Seminole County: “Seminole County informs its water customers of water quality results, violations, and additional testing results, including unregulated contaminants, through the EPA-required Consumer Confidence Report (CCR), also known as an annual drinking water quality report. Seminole County’s CCR is shared through utility bills and is posted to the county’s website.”

Art Woodruff, mayor of Sanford: “Few things are more important than the water we drink, and Sanford’s water supply meets or exceeds all guidelines set by federal and state regulators. We regularly test our drinking water and were among the first to bring the issue of 1,4-dioxane to the attention of regulators and the public.”

Emery Rosenbluth, Seminole County resident since 1970: “I believe utilities should be required to meaningfully (sufficiently publicized) disclose the discovery of unregulated contaminants to both local government and its customers. I recognize a counter-argument that such information could lead to public overreaction but I am persuaded by our citizenry’s ability to understand matters critical to their health.”

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Lenny Siegel, Center for Public Environmental Oversight executive director: “There is little doubt that 1,4 dioxane is toxic. People whose water supply contains it should be informed, so they can make personal risk management decisions. Other factors go into ‘regulating’ water contaminants, so no one should be reassured by the lack of a required drinking water standard.”

State Sen. Linda Stewart, D-Orlando: “It is the responsibility of the utility to act in good faith and report detected contaminants to its customers. The utility, or any entity that may detect or know of a contaminant, should report these findings to our state’s Department of Environmental Protection. Utilities and the DEP alike should seek guidance on minimizing unregulated substances.”

Amy Walker, Oaks of Timacuan homeowner association president: “As cancer survivors, we try to make good choices when it comes to what we ingest. It’s common sense to expect our communities to inform us when there are contaminants in the water. Utilities should be required by law to inform their customers when contaminants and carcinogens are found.”

David Zusi, Winter Park utilities director: “When, in accordance with the Safe Drinking Water Act, utilities are required to sample for unregulated compounds, they are also required to report test results to the US Environmental Protection Agency, and to customers in their annual Consumer Confidence Report. This report is posted and available on the utility website and easily accessible to the public.”

Organizations that would not comment or respond to the Sentinel’s inquiry were the American Cancer Society, American Chemistry Council, Interstate Technology and Regulatory Council, National Association of Clean Water Agencies and the Florida Association of Counties.

The usual answer from people – included in the survey and contacted at other times – who rely on utility water is: of course. They pay for it. They drink it. They bathe their kids in it.

One national group, the Environmental Working Group, urges utilities to be transparent beyond what is strictly required by the U.S. EPA.

“By providing the public with information about the presence of 1,4-dioxane in their drinking water, utilities rightfully allow consumers to make informed decisions about their tap water consumption and potentially take appropriate precautions,” said Sydney Evans, the group’s senior science analyst. “This is especially important for vulnerable populations like pregnant people, infants, and children.”

She added: “Although the news may not be welcomed by the public, when utilities develop a history of transparency it increases public trust.”

An EPA spokesperson said that while it’s not mandatory for utilities to report test results outside of those from a UCMR, his agency “encourages water systems to include the information” in the annual Consumer Confidence Reports they send out to customers every year.

But the EPA goes a step further, encouraging utility water customers to be their own advocates when it comes to rising concerns about FPAS.

“If you get your water from a public drinking water system,” the EPA urges on its website, “reach out to your local water utility to learn about how they may be addressing PFAS as well as ask them to test the water for PFAS or to share information with you if they have already tested the water.”

kspear@orlandosentinel.com, mcomas@orlandosentinel.com, ccatherman@orlandosentinel.com