More than 18 million Americans are served drinking water by providers that have violated federal laws concerning lead in water, with only a tiny proportion of offenses resulting in any penalty, a new report has found.



The toxic water crisis in Flint, Michigan, is “not anomalous”, the Natural Resources Defense Council (NRDC) report states, with widespread violations of national rules designed to protect people from lead, a known neurotoxin that is harmful even in small doses.

NRDC’s analysis of US Environmental Protection Agency (EPA) data shows that 5,363 water systems, which provide water to more than 18 million people, breached the federal Lead and Copper Rule last year. These violations include the failure to properly test water for lead or inadequate treatment of water to prevent lead from leeching from old pipes into the drinking supply.

The violations occurred across virtually every US state last year. Most seriously, 1,110 community water utilities provided water that exceeded the EPA’s actionable limit for lead in water. This means that more than 3.9 million Americans were exposed to dangerously high levels of lead in 2015.

Despite the widespread failure of water suppliers across the US, very few were punished by the EPA last year. Of more than 8,000 violations of federal laws, enforcement action was only taken against 11% of cases. Penalties were sought for just 3% of violations, meaning there is “no cop on the beat”, according to the NRDC.

In a statement, the EPA said it recognized there are “ongoing challenges in compliance with the Lead and Copper Rule”.



“The agency has intensified work with state drinking water programs with a priority focus on implementation of the rule, including engagement with every state drinking water program across the country to ensure they are addressing any high lead levels and fully implementing the current rule,” the regulator said.

The EPA said that many water systems that violated the rules in 2015 have already resolved their problems. A revised Lead and Copper rule won’t appear until 2017 at the earliest, despite the widespread problems in Flint and beyond.

“Flint symbolizes how disastrous the gaps are in the system and there really is a much broader problem across America,” said Erik Olson, director of NRDC’s health program. “Americans take for granted that the water flowing from their taps is clean and safe but that assumption is often false.

“Providing safe drinking water to citizens is a fundamental government service. If you’re not doing that, you’re not doing your job. Unsafe drinking water is a national problem and it needs a national solution.”

Flint residents hold bottles of contaminated water after attending a House Oversight and Government Reform Committee hearing on the water crisis. Photograph: Mark Wilson/Getty Images

Olson said that water utilities are routinely “gaming the system” to underplay the amount of lead found in water. The Guardian has revealed that at least 33 US cities have used various methods that can mask the true level of lead when conducting tests.

The failure of the system to pick up violations is underscored by the fact that Flint wasn’t among the places considered in violation of the Lead and Copper Rule last year. The city, which has a poverty rate of around 40%, failed to treat drinking water to prevent lead corrosion when it switched its supply from Lake Huron to the Flint river.

According to a Centers for Disease Control and Prevention report released this week, lead levels in the blood of Flint children aged under six were “significantly higher” once the supply change was made. The chances of a child having dangerously high lead levels increased by nearly 50% after the switch, the CDC found, risking developmental, behavioral and learning problems for thousands of children in Flint.

Flint’s water is now considered by the EPA to be safe to drink if a filter is used. However, some lawmakers have voiced concerns that more needs to be done to avoid a repeat of the disaster that befell the Michigan city.

“Flint wasn’t an isolated example,” said Dick Durbin, a Democrat senator. “We need a coordinated effort at all levels, we need people in communities to speak up so they don’t become the next Flint.”