Fla. Admin. Code Ann. R. 62-560.410 - Public Notification - Primary Standards

(1) Maximum Contaminant Level, Maximum Residual Disinfectant Level, Treatment Technique Requirement, Variance or Exemption Schedule Violations, and Exceedances. The owner or operator of a public water system that fails to comply with an applicable maximum contaminant level, maximum residual disinfectant level, or treatment technique requirement established by Chapter 62-550, F.A.C., or that fails to comply with the requirements of any schedule prescribed pursuant to a variance or exemption shall notify persons served by the system. Public water systems that sell or otherwise provide drinking water to other public water systems are required to give notice to the owner or operator of the consecutive system; the consecutive system is responsible for providing public notice to the persons it serves. Systems shall notify persons served as follows:

(a) Except as provided in paragraph (1)(c) or (1)(d), of this rule, the owner or operator of a public water system shall give notice:

1. For violations, exceedances, situations, or failures, that may pose an acute risk to human health, by furnishing a copy of the Tier 1 notice to the radio and television stations that broadcast in the area served by the public water system as soon as possible but in no case later than 24 hours after the system learns of the violation, exceedance, situation, or failure, unless otherwise directed by the Department to provide such public notice sooner because of the nature of the risk. The system shall also initiate consultation with the Department as soon as possible, but in no case later than 24 hours after the system learns of the violation, exceedance, situation, or failure, as described in subparagraphs a. through g., below, to determine additional public notice requirements that may be necessary to protect public health. The following violations, exceedances, situations, or failures are acute risks to public health:

a. Exceedance or violation of the maximum contaminant level for nitrate, nitrite, or total nitrate and nitrite, as specified in Rule 62-550.310, and determined according to subsection 62-550.512(3), F.A.C.

b. Violation of the maximum contaminant level for fecal coliform or E. coli in the water distribution system, as specified in paragraph 62-550.310(5)(b), or failure to test for fecal coliforms or E. coli when any repeat sample tests positive for coliforms as specified in subsection 62-550.518(10), F.A.C.

c. Occurrence of a waterborne microbial disease outbreak, as defined in Rule 62-550.200, F.A.C., or other waterborne emergency, a failure or significant interruption in water treatment processes, a natural disaster that disrupts the water supply or distribution system, or a chemical spill or unexpected loading of possible pathogens into the source water that has the potential for adverse effects on human health as a result of short-term exposure.

d. Other violation or situation that has the potential for adverse effects on human health as a result of short-term exposure, as determined by the Department based on a review of the facts and available toxicological and analytical data.

e. Violation of the maximum residual disinfectant level for chlorine dioxide in the water distribution system, as specified in subsection 62-550.310(2), and Rule 62-550.821, F.A.C.

f. Violation of the Surface Water Treatment Rule (SWTR) or Interim Enhanced Surface Water Treatment Rule (IESWTR) treatment technique requirements resulting from a single exceedance of the maximum allowable turbidity limit, as specified in Rule 62-550.817, F.A.C., when the Department determines after consultation with the public water system that a Tier 1 notice is required, or when consultation is not initiated by the public water system within 24 hours after the system learns of the violation. If, after consultation, the Department determines that this violation is non-acute, then public notice shall be provided in accordance with subparagraphs (1)(a)2. and 3., of this rule. If, after consultation, the Department determines that this violation is acute, then public notice shall be provided within 24 hours after the consultation, in accordance with subparagraph (1)(a)1., of this rule.

g. Violation of the turbidity MCL, as specified in subsection 62-550.817(2), F.A.C., when the Department determines after consultation with the public water system that a Tier 1 notice is required, or when consultation is not initiated by the public water system within 24 hours after the system learns of the violation. If, after consultation, the Department determines that this violation is non-acute, then public notice shall be provided in accordance with subparagraphs (1)(a)2. and 3., of this rule. If, after consultation, the Department determines that this violation is acute, then public notice shall be provided within 24 hours after the consultation, in accordance with subparagraph (1)(a)1., of this rule.

2. For violations of a non-acute maximum contaminant level, maximum residual disinfectant level, treatment technique requirement, and variance or exemption schedule that are not described in subparagraph (1)(a)1., of this rule, a Tier 2 notice shall be provided by mail delivery (by direct mail or with the water bill), or by hand delivery, as soon as possible, but not later than 30 days after the system learns of the violation, situation, or failure, to each customer receiving a bill and to other service connections to which water is delivered by the public water system; and,

3. By publication in a daily newspaper of general circulation, other than a newspaper established primarily for the publication of legal notices, in the area served by the system as soon as possible, but in no case later than 30 days after the system learns of the violation, situation, or failure. If the area served by a public water system is not served by a daily newspaper of general circulation, notice shall instead be given by publication in a weekly newspaper of general circulation, other than a newspaper established primarily for the publication of legal notices, serving the area.

(b) Except as provided in paragraph (1)(c) or (1)(d), after the initial notice given under paragraph (1)(a) of this rule, the owner or operator of the public water system shall give 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, exceedance, situation, or failure exists.

(c) In lieu of the method of delivery requirements of paragraphs (1)(a) and (1)(b), the owner or operator of a community or non-transient non-community water system may, unless otherwise directed by the Department in writing based on its assessment of the violation or situation and the potential for adverse effects on public health and welfare, give notice by hand delivery and by continuous posting in conspicuous places within the area served by the system. Notice by hand delivery and posting shall begin as soon as possible, but no later than 24 hours after the system learns of the violation, exceedance, situation, or failure for acute violations, or as soon as possible, but no later than 30 days after the system learns of the violation, situation, or failure for any other violation, situation, or failure. Posting shall continue for as long as the violation, exceedance, situation, or failure exists, but in no case for less than 7 days even if the violation, exceedance, situation, or failure is resolved. Notice by hand delivery shall be repeated at least every three months for as long as the violation, exceedance, situation, or failure exists.

(d) In lieu of the method of delivery requirements of paragraphs (1)(a) and (b), of this rule, the owner or operator of a transient non-community water system may, unless otherwise directed by the Department in writing based on its assessment of the violation or situation and the potential for adverse effects on public health and welfare, give notice by hand delivery or by continuous posting in conspicuous places within the area served by the system. Notice by hand delivery or posting shall begin as soon as possible, but no later than 24 hours after the system learns of the violation, exceedance, situation, or failure for acute violations, exceedances, situations, or failures; or 30 days after the system learns of the violation, situation, or failure for any other violation, situation, or failure. Posting shall continue for as long as the violation, exceedance, situation, or failure exists, but in no case for less than 7 days even if the violation, exceedance, situation, or failure is resolved. Notice by hand delivery shall be repeated at least every three months for as long as the violation, exceedance, situation, or failure exists.

(2) If a public water system has a violation, exceedance, situation, or failure in a portion of the distribution system that is physically or hydraulically isolated from other parts of the distribution system, the Department may allow the system to limit the distribution of the public notice to only persons served by that part of the system which is out of compliance. Permission by the Department for limiting distribution of the notice shall be based on a review of the water system and the data leading to the violation, exceedance, situation, or failure and must be granted in writing.

(3) Other Violations, Variances, or Exemptions. The owner or operator of a public water system that fails to perform monitoring required by Part V or Part VIII of Chapter 62-550, F.A.C., or is subject to a variance or an exemption granted under Part V of Chapter 62-560, F.A.C., shall provide a Tier 3 notice to all customers served by the system as follows:

(a) Except as provided in paragraph (3)(b), (3)(c), or (3)(d), of this rule, after the system learns of the violation or the granting of a variance or exemption the owner or operator of a public water system shall give notice within three months by 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 by publication in a daily newspaper of general circulation, other than a newspaper established primarily for the publication of legal notices, in the area served by the system. If the area served by a public water system is not served by a daily newspaper of general circulation, notice shall instead be given by publication in a weekly newspaper of general circulation serving the area, other than a newspaper established primarily for the publication of legal notices. Repeat notice of the violation or the existence of a variance or exemption shall be given every three months for as long as the violation continues or the variance or exemption remains in effect.

(b) In lieu of the requirements of paragraph (3)(a), of this rule, the owner or operator of a community or non-transient non-community water system shall give notice by mail or other direct delivery to each person served, within three months after the system learns of the violation or granting of the variance or exemption, and by continuous posting in conspicuous places within the area served by the system. Posting shall continue for as long as the violation exists or a variance or exemption remains in effect, but in no case for less than 7 days even if the violation is resolved. Notice by mail or other direct delivery shall be repeated at least every three months for as long as the violation exists or a variance or exemption remains in effect.

(c) In lieu of the requirements of paragraph (3)(a), of this rule, the owner or operator of a transient non-community water system shall give notice, within three months after the system learns of the violation or the granting of the variance or exemption, by hand delivery or by continuous posting in conspicuous places within the area served by the system. Posting shall continue for as long as the violation exists or a variance or exemption remains in effect, but in no case for less than 7 days even if the violation is resolved. Notice by hand delivery shall be repeated at least every three months for as long as the violation exists or a variance or exemption remains in effect.

(d) Public water systems that fail to perform monitoring for nitrite, nitrate, or total coliforms as prescribed in Part V of Chapter 62-550, F.A.C., shall provide notice to the public in accordance with paragraph (1)(a), above, as soon as possible, but not less than 30 days after the system learns of the violation.

(e) In addition to the requirements in paragraph 62-560.410(3)(d), F.A.C., violations of the monitoring and testing procedure requirements shall require a Tier 2 public notice, where the primacy agency determines that a Tier 2 rather than a Tier 3 public notice is required, taking into account potential health impacts and persistence of the violation. (40 C.F.R. § 141.203(a)(2) revised as of July 1, 2015 (http://www.flrules.org/Gateway/reference.asp?No=Ref-07228), is adopted and incorporated herein by reference.)

(4) Notice to New Billing Units.

(a) The owner or operator of a community water system shall give a copy of the most recent public notice for every outstanding violation of a maximum contaminant level, maximum residual disinfectant level, treatment technique requirement, monitoring and reporting requirement, or variance or exemption schedule to all new billing units or new hookups prior to or at the time service begins.

(b) Non-community water systems must continuously post the public notice in conspicuous locations in order to inform new consumers of any continuing violation, variance or exemption, or other situation requiring a public notice for as long as the violation, variance, exemption, or other situation persists. (40 C.F.R. § 141.206(b) revised as of July 1, 2015 (http://www.flrules.org/Gateway/reference.asp?No=Ref-07223), is adopted and incorporated herein by reference.)

(5) General content of public notices. Each notice shall be conspicuous and shall not contain unduly technical language, unduly small print, or similar problems that frustrate the purpose of the notice. Each notice shall include the following 10 standard elements:

(a) A description of the violation, exceedance, situation, or failure, including the contaminant(s) of concern, and (as applicable) the contaminant level(s);

(b) When the violation, exceedance, situation, or failure occurred;

(c) Any potential adverse health effects resulting from the violation, exceedance, situation, or failure, including the required standard language under subsection (6), and (when applicable) subsection (7), of this rule;

(d) The population at risk, including subpopulations particularly vulnerable if exposed to the contaminant in their drinking water;

(e) Whether boiled water or alternative sources of water should be used;

(f) What action consumers should take, including when they should seek medical help;

(g) What the system is doing to correct the violation, exceedance, situation, or failure;

(h) When the system expects to return to compliance or resolve the violation, exceedance, situation, or failure;

(i) The name, business address, and phone number of the water system owner, operator, or designee of the public water system as a source of additional information concerning the notice; and,

(j) The following standard language to encourage the distribution of the public notice to all persons served: "Please share this information with all the other people who drink this water, especially those who may not have received this notice directly (for example, people in apartments, nursing homes, schools, and businesses). You can do this by posting this notice in a public place or distributing copies by hand or mail."

(6) The supplier of water shall include in the notice the applicable language on potential adverse health effects for those contaminants and disinfectants found in Appendix B to Subpart Q of 40 C.F.R. Part 141, "Standard Health Effects Language for Public Notification, " July 1, 2015, which is incorporated by reference in Rule 62-560.400, F.A.C., and found in subparagraph 62-550.824(1)(c) 5., F.A.C.

(7) For monitoring violations, the supplier of water shall include the following standard language and the information necessary to fill in the blanks: "We are required to monitor your drinking water for specific contaminants on a regular basis. Results of regular monitoring are an indicator of whether or not your drinking water meets health standards. During [fill in compliance period], we did not monitor or test for [fill in contaminant(s)], and therefore cannot be sure of the quality of your drinking water during that time."

(8) Multi-lingual requirement. For public water systems serving 20 percent or more non-English speaking consumers the public notice must contain information in the appropriate language(s) regarding the importance of the notice and contain a telephone number or address where persons served may contact the water system to obtain a translated copy of the notice or to request assistance in the appropriate language.

(9) Consultation requirement. The supplier of water shall initiate consultation with the Department as soon as possible, but no later than 24 hours after the system becomes aware of an acute violation, exceedance, situation, or failure as described in subparagraph 62-560.410(1)(a) 1., F.A.C.

(10) Certification requirement. The supplier of water shall satisfy the public notice certification requirements of paragraph 62-550.730(1)(h), F.A.C.

(11) Rescission of Public Notices. The supplier of water shall issue a rescission of public notices provided to customers in accordance with subparagraph 62-560.410(1)(a) 1., F.A.C., when the violation, exceedance, situation or failure has been resolved. The method of delivery of the rescission shall be in the same manner and address the same target audience as the initial public notice. Rescissions shall include all of the following information:

(a) A description and the date of the original notice;

(b) Actions taken by the system that resulted in the lifting of the notice;

(c) The effective date of the rescission; and,

(d) The name, business address, and phone number of the water system owner, operator, or designee of the public water system as a source of additional information concerning the rescission.

(12) Notice by Department on behalf of the public water system.

(a) The Department may give the notice required by Chapters 62-550 and 62-560, F.A.C., on behalf of the owner and operator of the public water system if the Department complies with the applicable public notification requirements. (40 C.F.R. § 141.210(a) revised as of July 1, 2015m (http://www.flrules.org/Gateway/reference.asp?No=Ref-07225), is adopted and incorporated herein by reference).

(b) The owner or operator of the public water system remains responsible for ensuring that the public notification requirements of Chapters 62-550 and 62-560, F.A.C., are met. (40 C.F.R. § 141.210(b) revised as of July 1, 2015, (http://www.flrules.org/Gateway/reference.asp?No=Ref-07226), is adopted and incorporated herein by reference.)

Notes

Fla. Admin. Code Ann. R. 62-560.410

Rulemaking Authority 403.8055, 403.861(9) FS. Law Implemented 403.857 FS.

New 11-19-87, Formerly 17-22.910, Amended 1-18-89, 1-3-91, 1-1-93, 7-4-93, Formerly 17-560.410, Amended 9-7-94, 11-27-01, 1-17-05, 12-30-11, Amended by Florida Register Volume 42, Number 154, August 9, 2016 effective 8/5/2016.

New 11-19-87, Formerly 17-22.910, Amended 1-18-89, 1-3-91, 1-1-93, 7-4-93, Formerly 17-560.410, Amended 9-7-94, 11-27-01, 1-17-05, 12-30-11, 8-5-16.