| (a) Public notification requirements for acute violations
or situations. The owner or operator of a public water system must
notify persons served by their system of any maximum contaminant limit
(MCL), maximum residual disinfectant level (MRDL), treatment technique
violation, or other situation that poses an acute threat to public
health. Each notice required by this section must meet the requirements
of subsection (d) of this section.
(1) Situations that pose an acute threat to public
health include:
(A) a violation of the acute MCL for microbial contaminants
as defined in §290.109(f)(1) of this title (relating to Microbial
Contaminants);
(B) an acute turbidity issue at a treatment plant that
is treating surface water or groundwater under the direct influence
of surface water, specifically:
(i) a combined filter effluent turbidity level above
5.0 nephelometric turbidity units (NTU);
(ii) a combined filter effluent turbidity level above
1.0 NTU at a treatment plant using membrane filters; or
(iii) a combined filter effluent turbidity level above
1.0 NTU at a plant using other than membrane filters at the discretion
of the executive director after consultation with the system; or
(iv) failure of a system with treatment other than
membrane filters to consult with the executive director within 24
hours after a combined filter effluent reading of 1.0 NTU;
(C) a violation of the MCL for nitrate or nitrite as
defined in §290.106(f)(2) of this title (relating to Inorganic
Contaminants);
(D) a violation of the acute MRDL for chlorine dioxide
as defined in §290.110(f)(5)(A) or (B) of this title (relating
to Disinfectant Residuals);
(E) occurrence of a waterborne disease outbreak;
(F) Detection of E. coli or
other fecal indicators in source water samples as specified in §290.109(b)(2)
of this title, which requires a public notice to be issued within
24 hours of notification of the positive sample; and
(G) other situations deemed by the executive director
to pose an acute risk to human health.
(2) The initial acute public notice and/or boil water
notice required by this subsection shall be issued as soon as possible,
but in no case later than 24 hours after the violation or situation
is identified. The initial public notice for an acute violation or
situation shall be issued in the following manner.
(A) The owner or operator of a water system with an
acute microbiological or turbidity violation as described in paragraph
(1)(A) or (B) of this subsection shall include a boil water notice
issued in accordance with the requirements of §290.46(q) of this
title (relating to Minimum Acceptable Operating Practices for Public
Drinking Water Systems).
(B) The owner or operator of a community water system
shall furnish a copy of the notice to the radio and television stations
serving the area served by the public water system.
(C) The owner or operator of a community water system
shall publish the notice in a daily newspaper of general circulation
in the area served by the system. If the area is not served by a daily
newspaper of general circulation, notice shall instead be issued by
direct delivery or by continuous posting in conspicuous places within
the area served by the system. Other methods of delivery may include
electronic delivery or alert systems (e.g., reverse 911).
(D) The owner or operator of a noncommunity water system
shall issue the notice by direct delivery or by continuously posting
the notice in conspicuous places within the area served by the water
system. Other methods of delivery may include electronic delivery
or alert systems (e.g., reverse 911).
(E) If notice is provided by posting, the posting must
remain in place for as long as the violation or situation exists or
seven days, whichever is longer.
(3) The owner or operator of a water system required
to issue an initial notice for an acute MCL or treatment technique
violation shall issue additional notices. The additional public notices
for acute violations shall be issued in the following manner.
(A) Not later than 45 days after the violation, the
owner or operator of a community water system shall notify persons
served by the system using mail (by direct mail or with the water
bill) or hand delivery. The executive director may waive mail or hand
delivery if it is determined that the violation was corrected within
the 45-day period. The executive director must make the waiver in
writing and within the 45-day period.
(B) The owner or operator of a community water system
must issue a notice at least once every three months by mail delivery
(by direct mail or with the water bill) or by hand delivery, for as
long as the violation exists.
(C) If the owner or operator of a noncommunity water
system issued the initial notice by continuous posting, posting must
continue for as long as the violation exists and in no case less than
seven days. If the owner or operator of a noncommunity water system
issued the initial notice by direct delivery, notice by direct delivery
must be repeated at least every three months for as long as the violation
exists.
(4) The owner or operator of the public water system
must issue a notice when the public water system has corrected the
acute violation or situation. This notice must be issued in the same
manner as the original notice was issued.
(5) Copies of all notifications required under this
subsection must be submitted to the executive director within ten
days of its distribution.
(b) Public notification requirements for other MCL,
MRDL, or treatment technique violations and for variance and exemption
violations. The owner or operator of a public water system must notify
persons served by their system of any MCL, MRDL, or treatment technique
violation other than those described in subsection (a)(1) of this
section and of any violation involving a variance or exemption requirement.
Each notice required by this section must meet the requirements of
subsection (d) of this section.
(1) Violations that require notification under this
subsection include:
(A) any violation of an MCL, MRDL, or treatment technique
not listed under subsection (a) of this section;
(B) failure to comply with the requirements of any
variance or exemption granted under §290.102(d) of this title
(relating to General Applicability);
(C) failure for a groundwater system to take corrective
action, including uncorrected significant deficiencies, or failure
to maintain at least 4-log treatment of viruses (using inactivation,
removal, or a combination of 4-log virus inactivation and removal
approved by the executive director) before or at the first customer
under §290.116 of this title (relating to Groundwater Corrective
Actions and Treatment Techniques); or
(D) failure to perform any 3 months of raw surface
water monitoring as required by §290.111(b) of this title (relating
to Surface Water Treatment) or request bin classification from the
executive director under §290.111(c)(3)(A) of this title; or
(E) other violations or situations deemed appropriate
by the executive director that pose a non-acute risk to human health.
(2) The initial public notice for any violation, situation,
or significant deficiency identified in this subsection must be issued
as soon as possible, but in no case later than 30 days after the violation
is identified. The initial public notice shall be issued in the following
manner.
(A) The owner or operator of a community water system
shall issue the notice by:
(i) mail or other direct delivery to each customer
receiving a bill and to other service connections to which water is
delivered by the public water system; and
(ii) any other method reasonably calculated to reach
other persons regularly served by the system, if they would not normally
be reached by the notice required in clause (i) of this subparagraph.
Such persons may include those who do not pay water bills or do not
have service connection addresses (e.g., house renters, apartment
dwellers, university students, nursing home patients, prison inmates,
etc.) Other methods may include: publication in a local newspaper;
delivery of multiple copies for distribution by customers that provide
drinking water to others (e.g., apartment building owners or large
private employers); continuous posting in conspicuous public places
within the area served by the system or on the Internet; electronic
delivery or alert systems (e.g., reverse 911); or delivery to community
organizations.
(B) The owner or operator of a noncommunity water system
shall issue the notice by:
(i) posting the notice in conspicuous locations throughout
the distribution system frequented by persons served by the system,
or by mail or direct delivery to each customer and service connection
(where known); and
(ii) any other method reasonably calculated to reach
other persons served by the system if they would not normally be reached
by the notice. Such persons may include those served who may not see
a posted notice because the posted notice is not in a location they
routinely pass by. Other methods may include: publication in a local
newspaper or newsletter distributed to customers; use of e-mail to
notify employees or students; electronic delivery or alert systems
(e.g., reverse 911); or, delivery of multiple copies in central locations
(e.g., community centers).
(C) If notice is provided by posting, the posting must
remain in place for as long as the violation exists or seven days,
whichever is longer.
(3) The owner or operator of a system required to issue
an initial violation notice shall issue additional notices. The additional
notices shall be issued in the following manner.
(A) The owner or operator of a community water system
must issue a notice at least once every three months by mail delivery
(by direct mail or with the water bill) or by direct delivery, for
as long as the violation exists.
(B) If the owner or operator of a noncommunity water
system issued the initial notice by continuously posting the notice,
the posting must continue for as long as the violation exists, and
in no case less than seven days. If the owner or operator of a noncommunity
water system issued the initial notice by direct delivery, notice
by direct delivery must be repeated at least every three months for
as long as the violation exists.
(4) The owner or operator of the public water system
must issue a notice when the public water system has corrected the
violation. This notice must be issued in the same manner as the original
notice was issued.
(c) Public notification requirements for other violations,
situations, variances, exemptions. The owner or operator of a public
water system who fails to perform monitoring required by this chapter,
fails to comply with a testing procedure established by this chapter,
or is subject to a variance or exemption granted under §290.102(b)
of this title shall notify persons served by the system. Each notice
required by this section must meet the requirements of subsection
(d) of this section.
(1) Violations that require notification as described
in this section include:
(A) exceedance of the secondary constituent levels
(SCL) for fluoride;
(B) failure to perform monitoring or reporting required
by this subchapter;
(C) failure to comply with the analytical requirements
or testing procedures required by this subchapter;
(D) operating under a variance or exemption granted
under §290.102(b) of this title; and
(E) failure to maintain records on recycle practices
as required by §290.46(f)(3)(C)(iii) of this title.
(2) The initial public notice issued pursuant to this
section shall be issued within three months of the violation or the
granting of a variance or exemption. The initial public notice shall
be issued in the following manner.
(A) The owner or operator of a community water system
shall issue the notice by mail or other direct delivery to each customer
receiving a bill and to other service connections. The owner or operator
of a noncommunity water system shall issue the notice by either posting
the notice in conspicuous locations throughout the distribution system
frequented by persons served by the system, or by mail or direct delivery
to each customer and service connection. Other methods of delivery
may include electronic delivery or alert systems (e.g., reverse 911).
(B) The owner or operator of any public water system
shall also notify the public using another method reasonably calculated
to reach other persons regularly served by the system, if they would
not normally be reached by the notice required in subparagraph (A)
of this paragraph. Such persons may include people who do not pay
water bills or do not have service connection addresses (e.g., house
renters, apartment dwellers, university students, nursing home patients,
prison inmates, etc.). These other methods may include publication
in a local newspaper; delivery of multiple copies for distribution
by customers that provide their drinking water to others (e.g., apartment
building owners or large private employers); posting in public places
or on the Internet; or delivery to community organizations. Other
methods of delivery may include electronic delivery or alert systems
(e.g., reverse 911).
Cont'd... |
