What public notice is required before a State or the Administrator proposes to issue a small system variance?
(a) At least fifteen (15) days before the date of proposal, and at least thirty (30) days prior to a public meeting to discuss the proposed small system variance, the State, Administrator, or public water system as directed by the State or Administrator, must provide notice to all persons served by the public water system. For billed customers, identified in paragraph (a)(1) of this section, this notice must include the information listed in paragraph (c) of this section. For other persons regularly served by the system, identified in paragraph (a)(2) of this section, the notice shall include the information identified in paragraph (d) of this section. Notice must be provided to all persons served by:
(1) Direct mail or other home delivery to billed customers or other service connections, and
(2) Any other method reasonably calculated to notify, in a brief and concise manner, other persons regularly served by the system. Such methods may include publication in a local newspaper, posting in public places or delivery to community organizations.
(b) At the time of proposal, the State must publish a notice in the State equivalent to the Federal Register or a newspaper or newspapers of wide circulation in the State, or, in the case of the Administrator, in the Federal Register. This notice shall include the information listed in paragraph (c) of this section.
(c) The notice in paragraphs (a)(1) and (b) of this section must include, at a minimum, the following:
(1) Identification of the contaminant[s] for which a small system variance is sought;
(2) A brief statement of the health effects associated with the contaminant[s] for which a small system variance is sought using language in appendix C of part 141 subpart O of this chapter;
(3) The address and telephone number at which interested persons may obtain further information concerning the contaminant and the small system variance;
(4) A brief summary, in easily understandable terms, of the terms and conditions of the small system variance;
(5) A description of the consumer petition process under § 142.310 and information on contacting the EPA Regional Office;
(6) a brief statement announcing the public meeting required under § 142.309(a), including a statement of the purpose of the meeting, information regarding the time and location for the meeting, and the address and telephone number at which interested persons may obtain further information concerning the meeting; and
(7) In communities with a large proportion of non-English-speaking residents, as determined by the primacy agency, information in the appropriate language regarding the content and importance of the notice.
(d) The notice in paragraph (a)(2) of this section must provide sufficient information to alert readers to the proposed variance and direct them where to receive additional information.
(e) At its option, the State or the Administrator may choose to issue separate notices or additional notices related to the proposed small system variance, provided that the requirements in paragraphs (a) through (d) of this section are satisfied.
(f) Prior to promulgating the final variance, the State or the Administrator must respond in writing to all significant public comments received relating to the small system variance. Response to public comment and any other documentation supporting the issuance of a variance must be made available to the public after final promulgation.
Title 40 published on 2012-07-01
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