(a)
General
violation categories and other situations requiring a Tier 1 public
notice. A public water supplier shall provide Tier 1 public notice for
the following circumstances:
(1) Violation of
the MCL for
E. coli, as specified in §
109.202(a)(2)
(relating to State MCLs, MRDLs and treatment technique requirements), or when
the water supplier fails to test for
E. coli when any check
sample tests positive for coliforms, as specified in §
109.301(3)
(relating to general monitoring requirements).
(2) Violation of the MCL for nitrate, nitrite
or total nitrate and nitrite, as defined in §
109.202(a)(2), or
when the water supplier fails to take a confirmation sample within 24 hours of
the system's receipt of the first sample showing an exceedance of the nitrate
or nitrite MCL, as specified in § 109.301(7)(ii)(C)(IV) and (V).
(3) Exceedance of the nitrate MCL by
noncommunity water systems, when permitted by the Department in writing to
exceed the MCL in accordance with
40 CFR
141.11(d) (relating to
maximum contaminant levels for inorganic chemicals).
(4) Violation of the MRDL for chlorine
dioxide, as defined in §
109.202(f)(2),
when one or more samples taken in the distribution system the day following an
exceedance of the MRDL at the entrance of the distribution system exceed the
MRDL, or when the water supplier does not take the required samples in the
distribution system, as specified in § 109.301.
(5) Violation of the turbidity MCL of 5 NTU
based on an average for 2 consecutive days by a public water system using an
unfiltered surface water source, as specified in §
109.202(a)(2).
(6) Violation of a
treatment technique requirement for pathogenic bacteria, viruses and protozoan
cysts as defined in §
109.202(c),
resulting from:
(i) A single exceedance of
the maximum allowable turbidity limit.
(ii) A failure to meet the minimum log
inactivation for more than 4 hours.
(iii) A failure to maintain the minimum entry
point residual disinfectant concentration for more than 4 hours and either of
the following:
(A) A failure to calculate the
log inactivation in accordance with § 109.301(1)(v) and (vi).
(B) A failure to meet the minimum log
inactivation for more than 4 hours.
(7) Violation of a treatment technique
requirement for
Cryptosporidium as defined in §
109.1203 (relating to bin
classification and treatment technique requirements), resulting from a failure
to provide the level of treatment appropriate for the systems bin
classification.
(8) Detection of
E. coli in source water samples as specified in §§
109.1303 and
109.1304 (relating to triggered
monitoring requirements for groundwater sources; and assessment source water
monitoring).
(9) A breakdown in
treatment for groundwater sources as specified in §
109.1307(a)(1)(ii)
(relating to system management
responsibilities).
(10) Occurrence
of a waterborne disease outbreak, as defined in §
109.1 (relating to definitions),
or other emergency situation as defined in §
109.701(a)(3)(iii)
(relating to reporting and recordkeeping) that adversely affects the quality or
quantity of the finished water and has a significant potential to have serious
adverse effects on human health as a result of short-term exposure.
(11) Other violations or situations with
significant potential to have serious adverse effects on human health as a
result of short-term exposure, as determined by the Department on a
case-by-case basis.
(b)
Timing for a Tier 1 public notice. A public water supplier
shall do the following:
(1) Provide a public
notice as soon as possible, but no later than 24 hours after the water supplier
learns of the violation or situation under subsection (a).
(2) Report the circumstances to the
Department within 1 hour of discovery of the violation or situation in
accordance with § 109.701(a)(3).
(3) Initiate consultation with the Department
as soon as possible, but no later than 24 hours after the water supplier learns
of the violation or situation, to determine initial and any additional public
notice requirements.
(4) Comply
with initial and any additional public notification requirements that are
established as a result of the consultation with the Department. These
requirements may include the timing, form, manner, duration, frequency, and
content of the initial and any repeat notices, and other actions reasonably
designed to reach all persons served. The repeat notice frequency, if
applicable, for a Tier 1 public notice shall be established as a result of the
consultation, but may be no less often than once every 30 days as long as the
violation or situation persists.
(5) Provide a public notice that the Tier 1
violation or situation has been corrected, as soon as possible, but no later
than 24 hours after the corrective actions have been completed and the notice
is approved by the Department.
(c)
Form and manner of a Tier 1
public notice prior to May 10, 2010. The form and manner used by a
public water supplier shall fit the specific situation and shall be reasonably
designed to reach residential, transient and nontransient users of the water
system. To reach all persons served, a water supplier shall use, at a minimum,
one or more of the following forms of delivery:
(1) Appropriate broadcast media, such as
radio or television.
(2) Posting of
the notice in conspicuous locations throughout the area served by the water
system.
(3) Hand delivery of the
notice to persons served by the water system.
(4) Another delivery method approved in
writing by the Department.
(d)
Delivery of a Tier 1 public
notice beginning on May 10, 2010. The delivery methods used by a
public water supplier shall fit the specific situation and shall be reasonably
designed to reach residential, transient and nontransient users of the water
system. To reach all persons served in accordance with §
109.407(c)
(relating to general public notification requirements), a water supplier shall
use, as appropriate to the type of the water system, the following forms of
delivery identified under paragraphs (1)-(3).
(1) Community water systems shall provide
public notice to each service connection using one or more of the following
forms of direct delivery:
(i) Hand
delivery.
(ii) Electronic
mail.
(iii) Automatic telephone
dialing systems or other best available technology. If a public water supplier
delivers an abbreviated notice in accordance with §
109.411(b)
(relating to content of a public notice), the public water supplier shall also
provide the entire public notice under this section in one of the following
ways:
(A) Posted on a web site.
(B) Recorded on a dedicated phone
line.
(C) Another method approved
in writing by the Department.
(iv) Another form of direct delivery approved
in writing by the Department.
(2) In addition to providing public notice to
each service connection under paragraph (1), community water systems that also
serve transient and nontransient service connections shall provide notice using
appropriate broadcast media, such as radio and television.
(3) Noncommunity water systems shall provide
public notice to transient and nontransient consumers using one or more of the
following forms of delivery:
(i) Hand
delivery.
(ii) Electronic
mail.
(iii) Posting the notice in
conspicuous locations throughout the area served by the water system.
(iv) Another form of delivery approved in
writing by the Department.