12 Va. Admin. Code § 5-590-540 - Public notices
A. The
owner shall give public notice to (i) persons served by the waterworks and (ii)
the owner of any consecutive waterworks to which it sells or otherwise provides
water under the following circumstances.
1.
Tier 1.
a. When E. coli are present in the
distribution system, or when the waterworks fails to test for E. coli when any
repeat sample tests positive for total coliform;
b. Violation of the PMCL for E.
coli;
c. Violation of the PMCL for
nitrate, nitrite, or total nitrate and nitrite;
d. Failure to collect a confirmation sample
within 24 hours of the waterworks receipt of the first sample showing an
exceedance of the nitrate or nitrite PMCL;
e. Exceedance of the nitrate PMCL by a
noncommunity waterworks, where permitted to exceed the PMCL by the
department;
f. Violation of the
MRDL for chlorine dioxide when one or more samples collected in the
distribution system the day following an exceedance of the MRDL at the entry
point to the distribution system exceed the MRDL;
g. Failure to monitor chlorine dioxide
residuals in the distribution system the day following an exceedance of the
chlorine dioxide MRDL at the entrance to the distribution system;
h. Violation of the treatment technique
requirements for filtration and disinfection resulting from a single exceedance
of the maximum allowable turbidity limit, where the department determines after
consultation that a Tier 1 notice is required;
i. Failure to consult with the department
within 24 hours after the owner learns of the violation of the treatment
technique requirements for filtration and disinfection resulting from a single
exceedance of the maximum allowable turbidity limit;
j. Occurrence of a waterborne disease
outbreak or other waterborne emergency (such as a failure or significant
interruption in key 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 significantly
increases the potential for drinking water contamination);
k. Detection of E. coli in groundwater source
samples; or
l. 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 commissioner or
department on a case-by-case basis.
2. Tier 2.
a. All violations of the PMCL, MRDL, and
treatment technique requirements, except where a Tier 1 public notice is
required or where the department determines that a Tier 1 notice is required
instead per subdivision A 1 l of this section;
b. Violations of the monitoring and testing
procedure requirements, where the department determines that a Tier 2 rather
than a Tier 3 public notice is required instead, taking into account potential
health impacts and persistence of the violation;
c. Failure to comply with the terms and
conditions of any variance or exemption in place; or
d. Failure to take corrective action or
failure to maintain at least 4-log treatment of viruses (using inactivation,
removal, or an approved combination of 4-log virus inactivation and removal)
before or at the first customer under the treatment technique requirements for
waterworks with groundwater sources.
3. Tier 3.
a. Monitoring violations, except where a Tier
1 public notice is required per subdivisions A 1 d and A 1 g of this section,
or where the department determines that a Tier 2 public notice is required
instead per subdivision A 2 b of this section;
b. Failure to comply with a testing
procedure, except where a Tier 1 notice is required per subdivision A 1 b of
this section or where the department determines that a Tier 2 notice is
required instead per subdivision A 2 b of this section;
c. Operation under a variance or an exemption
to a PMCL or treatment technique requirement;
d. Availability of UC monitoring results;
or
e. Exceedance of the fluoride
SMCL.
4. The department
may require public notice for violations or other situations not listed in this
section or may require a higher tier of public notice for specific violations
and situations listed in this section.
a. The
content and extent of distribution of these public notices shall be determined
by the department.
b. The owner
shall provide the public notice certification required in subsection N of this
section.
c. At least 90 days before
initiating or discontinuing a program to provide the optimum fluoride ion
concentration, a waterworks owner shall deliver written notice to the
waterworks' consumers. Notice to consumers shall be consistent with
12VAC5-590-540 C 2
d.
B. If a waterworks has a violation, failure,
exceedance, or situation 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 owner to limit distribution of the public
notice to only those persons served by the portion of the waterworks that is
out of compliance. The decision granting limited distribution of the public
notice shall be issued in writing.
C. Public notice distribution requirements.
1. For Tier 1 violations, exceedances, or
situations, the owner shall:
a. Provide a
public notice as soon as practical but no later than 24 hours after the owner
learns of the violation, exceedance, or situation;
b. Initiate consultation with the department
as soon as practical, but no later than 24 hours after the owner learns of the
violation, exceedance, or situation, to determine additional public notice
requirements;
c. Comply with any
additional public notice requirements, including any repeat notices or
direction on the duration of the posted notices that are established as a
result of the consultation with the department. These requirements may include
the timing, form, manner, frequency, and content of repeat notices (if any) and
other actions designed to reach all persons served; and
d. Provide the public notice in a form and
manner reasonably calculated to reach all persons served. The form and manner
shall fit the specific situation, and shall be designed to reach residential,
transient, and nontransient users of the waterworks. To reach all persons
served, owners shall use, at a minimum, one or more of the following forms of
delivery:
(1) Appropriate broadcast media
(such as radio and television);
(2)
Posting of the public notice in conspicuous locations throughout the area
served by the waterworks;
(3) Hand
delivery of the public notice to persons served by the waterworks; or
(4) Another delivery method approved in
writing by the department.
2. For Tier 2 violations, exceedances, or
situations, the owner shall:
a. Provide the
public notice as soon as practical, but no later than 30 days after the owner
learns of the violation, exceedance, or situation. The department may allow, on
a case-by-case determination, additional time for the initial notice of up to
three months from the date the owner learns of the violation, exceedance, or
situation; however, the department shall not grant an extension to the 30-day
deadline for any unresolved violation, exceedance, or situation.
b. Repeat the public notice every three
months as long as the violation, exceedance, or situation persists, unless the
department determines that appropriate circumstances warrant a different repeat
notice frequency. In no circumstance shall the repeat notice be given less
frequently than once per year. Repeat notice frequency less than every three
months shall not be allowed for (i) a violation as specified in
12VAC5-590-380 B
and 12VAC5-590-392 F; (ii) a treatment
technique violation for filtration and disinfection; and (iii) other ongoing
violations, exceedances, or situations.
c. Consult with the department as soon as
practical but no later than 24 hours after the owner learns of a violation of
the treatment technique requirements for filtration and disinfection resulting
from a single exceedance of the maximum allowable turbidity limit to determine
whether a Tier 1 public notice is required to protect public health. If
consultation does not take place within the 24-hour period, then the owner
shall distribute a Tier 1 public notice of the violation within the next 24
hours (i.e., no later than 48 hours after the owner learns of the
violation).
d. Provide the initial
public notice and any repeat notices in a form and manner that is reasonably
calculated to reach persons served in the required time period.
(1) For a community waterworks, the owner
shall:
(a) Mail or otherwise directly deliver
the public notice to each customer receiving a bill and to other service
connections to which water is delivered by the waterworks; and
(b) Use any other distribution method
reasonably calculated to reach other persons regularly served by the
waterworks, if they would not normally be reached by the notice required in
subdivision C 2 d (1) (a) of this section. These 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 (i) publication in a local newspaper;
(ii) delivery of multiple copies for distribution by customers that provide
their drinking water to others (e.g., apartment building owners or large
private employers); (iii) posting in public places served by the waterworks or
on the Internet; or (iv) delivery to community organizations.
(2) For a noncommunity waterworks,
the owner shall:
(a) Post the public notice in
conspicuous locations throughout the distribution system frequented by persons
served by the waterworks, or by mail or direct delivery to each customer and
service connection (where known); and
(b) Use any other method reasonably
calculated to reach other persons served by the system if they would not
normally be reached by the notice required in subdivision C 2 d (2) (a) of this
section. These 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 (i) publication in a local newspaper or newsletter
distributed to customers; (ii) use of email to notify employees or students; or
(iii) delivery of multiple copies in central locations (e.g., community
centers).
e.
Maintain a posted public notice in place for as long as the violation,
exceedance, or situation persists, but in no case for less than seven days,
even if the violation, exceedance, or situation is resolved.
3. For Tier 3 violations,
exceedances, or situations the owner shall:
a.
Provide the public notice not later than one year after the owner learns of the
violation, exceedance, or situation or begins operating under a variance or
exemption.
b. Repeat the public
notice annually for as long as the violation, exceedance, variance, exemption,
or other situation persists.
c.
Maintain a posted public notice in place for as long as the violation,
exceedance, variance, exemption, or other situation persists, but in no case
less than seven days even if the violation, exceedance, or situation is
resolved.
d. Instead of individual
Tier 3 public notices, the owner may use an annual report detailing all
violations, exceedances, and situations that occurred during the previous 12
months, as long as the timing requirements of subdivision C 3 a of this section
are met. For a community waterworks, the CCR may be used as a vehicle for the
initial Tier 3 public notice and all required repeat notices, provided that:
(1) The CCR is provided to persons served by
the waterworks no later than 12 months after the owner learns of the violation,
exceedance, or other situation.
(2)
The Tier 3 public notice contained in the CCR meets the content requirements in
subsection D of this section.
(3)
The CCR is distributed in a manner meeting the delivery requirements in
subdivision C 3 e (1) of this section.
e. For a community waterworks, the owner
shall:
(1) Mail or otherwise directly deliver
the public notice to each customer receiving a bill and to other service
connections to which water is delivered by the waterworks; and
(2) Use any other method reasonably
calculated to reach other persons regularly served by the waterworks if they
would not normally be reached by the notice required in subdivision C 3 e (1)
of this section. These 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 (i) publication in a local newspaper, (ii) delivery
of multiple copies for distribution by customers that provide their drinking
water to others (e.g., apartment building owners or large private employers),
(iii) posting in public places or on the Internet, or (iv) delivery to
community organizations.
f. For a noncommunity waterworks the owner
shall:
(1) Post the public notice in
conspicuous locations throughout the distribution system frequented by persons
served by the waterworks, or by mail or direct delivery to each customer and
service connection (where known); and
(2) Use any other method reasonably
calculated to reach other persons served by the waterworks, if they would not
normally be reached by the notice required in subdivision C 3 f (1) of this
section. These persons may include those who may not see a posted notice
because the notice is not in a location they routinely pass by. Other methods
may include (i) publication in a local newspaper or newsletter distributed to
customers, (ii) use of email to notify employees or students, or (iii) delivery
of multiple copies in central locations (e.g., community centers).
D. Public
notice contents.
1. Each public notice for
PMCL, MRDL, and TT violations and other situations requiring a public notice
shall include the following elements:
a. A
description of the violation, exceedance, or situation, including the
contaminants of concern, and (as applicable) the contaminant levels;
b. When the violation, exceedance, or
situation occurred;
c. Any
potential adverse health effects from the violation, exceedance, or situation,
including the standard language under subdivision 5 a or 5 b of this
subsection, whichever is applicable;
d. The population at risk, including
subpopulations particularly vulnerable if exposed to the contaminant in their
drinking water;
e. Whether
alternative water supplies should be used;
f. What actions consumers should take,
including when they should seek medical help, if known;
g. What the owner is doing to correct the
violation, exceedance, or situation;
h. When the owner expects the waterworks to
return to compliance or resolve the situation;
i. The name, business address, and phone
number of the owner, operator, or designee as a source of additional
information concerning the notice; and
j. A statement to encourage the notice
recipient to distribute the public notice to other persons served, using the
standard language under subdivision 5 c of this subsection, where
applicable.
2. Each
public notice for a waterworks that has been granted a variance or exemption
shall include the following elements:
a. An
explanation of the reasons for the variance or exemption;
b. The date on which the variance or
exemption was issued;
c. A brief
status report on the steps the owner is taking to install treatment, find
alternative sources of source water, or otherwise comply with the terms and
schedules of the variance or exemption; and
d. A notice of any opportunity for public
input in the evaluation of the variance or exemption.
3. Each public notice for a waterworks that
violates the conditions of a variance or an exemption shall contain the 10
elements listed in subdivision D 1 of this section.
4. Each public notice shall:
a. Be displayed in a conspicuous way when
printed or posted;
b. Not contain
overly technical language or very small print;
c. Not be formatted in a way that defeats the
purpose of the notice;
d. Not
contain language that nullifies the purpose of the notice; and
e. Contain information in the appropriate
languages, for waterworks serving a large proportion of non-English-speaking
consumers, regarding the importance of the notice or contain a telephone number
or address where persons served may contact the owner to obtain a translated
copy of the notice or to request assistance in the appropriate
language.
5. The public
notice shall include the following standard language:
a. For PMCL or MRDL violations, treatment
technique violations, and violations of the condition of a variance or an
exemption, use standard health effects language as specified in
12VAC5-590-546 corresponding to
each PMCL, MRDL, and treatment technique violation and for each violation of a
condition of a variance or an exemption. For violation of the treatment
technique requirement, the public notice shall also include one or both of the
following statements, as appropriate:
(1) "We
failed to conduct the required assessment."
(2) "We failed to correct all sanitary
defects that were identified during the assessment."
b. For monitoring and testing procedure
violations including failure to monitor for total coliform bacteria or E. coli
before serving water from a seasonal waterworks, use standard language as
specified below, including the language 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 (compliance period), we (did not monitor or test or did not complete all monitoring or testing) for (contaminants) and therefore cannot be sure of the quality of your drinking water during that time."
c. For all public notices, use standard
language (where applicable), as specified in this subdivision c:
"Please share this information with all the other people who drink this water, especially those who may not have received this notice directly (e.g., 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."
d. For
total coliform bacteria treatment technique violations the public notice shall
include the following statement: "We found coliforms indicating the need to
look for potential problems in our waterworks. When this occurs, we are
required to conduct assessments to identify problems and correct any problems
that are found." The public notice shall also include the following statements,
as appropriate:
(1) "We failed to conduct the
required assessment."
(2) "We
failed to correct all sanitary defects that were identified during the
assessment."
e. For E.
coli treatment technique violations the public notice shall include the
following statement: "We violated the standard for E. coli, indicating the need
to look for potential problems in our waterworks. When this occurs, we are
required to conduct a detailed assessment to identify problems and to correct
any problems that are found." The public notice shall also include the
following statements, as appropriate:
(1) "We
failed to conduct the required assessment."
(2) "We failed to correct all sanitary
defects that were identified during the assessment."
E. Public notice to new
billing units or customers.
1. For a community
waterworks, the owner shall give a copy of the most recent public notice for
any continuing violation, exceedance, variance, exemption, or other ongoing
situation requiring a public notice to all new billing units or new customers
before or at the time service begins.
2. For a noncommunity waterworks, the owner
shall continuously post the public notice in conspicuous locations to inform
new consumers of any continuing violation, exceedance, variance, exemption, or
other situation requiring a public notice for as long as the violation,
exceedance, variance, exemption, or other situation persists.
F. Special notice of the
availability of UC monitoring results.
1. The
owner of a community waterworks or a NTNC shall notify persons served by the
waterworks of the availability of the results of the sampling no later than 12
months after the monitoring results are known.
2. The special notice shall meet the
requirements of a Tier 3 public notice and shall identify a person and
telephone number to contact for information on the monitoring
results.
G. Special
notice for exceedance of the SMCL for fluoride.
1. A community waterworks that exceeds the
SMCL of 2 mg/L but does not exceed the PMCL of 4 mg/L for fluoride shall
provide public notice to persons served as soon as practical but no later than
12 months from the day the owner learns of the exceedance.
2. A copy of the notice shall be sent to all
new billing units and new customers at the time service begins and to the
department.
3. The owner shall
repeat the notice at least annually for as long as the SMCL is
exceeded.
4. If the public notice
is posted, then the notice shall remain in place for as long as the SMCL is
exceeded, but in no case less than seven days even if the exceedance is
eliminated.
5. On a case-by-case
basis, the department may require an initial notice sooner than 12 months and
repeat notices more frequently than annually.
6. The form and manner of the public notice
(including repeat notices) shall meet the requirements of a Tier 3 public
notice.
7. The public notice shall
contain the following language, including the language necessary to fill in the
blanks:
"This is an alert about your drinking water and a cosmetic dental problem that might affect children under nine years of age. At low levels, fluoride can help prevent cavities, but children drinking water containing more than 2 milligrams per liter (mg/L) of fluoride may develop cosmetic discoloration of their permanent teeth (dental fluorosis). The drinking water provided by your community waterworks (name) has a fluoride concentration of (insert value) mg/L. Dental fluorosis, in its moderate or severe forms, may result in a brown staining and/or pitting of the permanent teeth. This problem occurs only in developing teeth, before they erupt from the gums. Children under nine should be provided with alternative sources of drinking water or water that has been treated to remove the excess fluoride to avoid the possibility of staining and pitting of their permanent teeth. You may also want to contact your dentist about proper use by young children of fluoride-containing products by young children. Older children and adults may safely drink the water. Drinking water containing more than 4 mg/L of fluoride (the U.S. Environmental Protection Agency's drinking water standard) can increase your risk of developing bone disease. Your drinking water does not contain more than 4 mg/L of fluoride, but we are required to notify you when we discover that the fluoride levels in your drinking water exceed 2 mg/L because of this cosmetic dental problem. For more information, please call (name of water system contact) of (name of community waterworks) at (phone number). Some home water treatment units are also available to remove fluoride from drinking water. To learn more about available home water treatment units, you may call NSF International at 1-877-867-3435 or email info@nsf.org."
H. Special notice for nitrate
exceedances above PMCL by a noncommunity waterworks.
1. The owner of a noncommunity waterworks
granted permission by the department to exceed the nitrate PMCL shall provide
public notice to persons served meeting the requirements of a Tier 1
notice.
2. The public notice shall
be posted continuously and shall indicate the fact that nitrate levels exceed
10 mg/L and the potential health effects of exposure, meeting the requirements
of Tier 1 public notice delivery and content.
I. Special notice for repeated failure to
conduct sampling of the source water for Cryptosporidium.
1. The owner who is required to sample source
water shall provide public notice to persons served when the owner has failed
to collect any three months of required samples. The form and manner of the
public notice shall satisfy the requirements of a Tier 2 notice, and the notice
shall be repeated in accordance with the requirements of a Tier 2
notice.
2. The notice shall contain
the following language, including the language to fill in the blanks:
"We are required to monitor the source of your drinking water for Cryptosporidium. Results of the monitoring are to be used to determine whether water treatment at the [blank - fill in treatment plant name] is sufficient to adequately remove Cryptosporidium from your drinking water. We are required to complete this monitoring and make this determination by [blank - fill in required bin determination date]. We "did not monitor" or "did not complete all monitoring or testing" on schedule and, therefore, we may not be able to determine by the required date what treatment modifications, if any, shall be made to ensure adequate Cryptosporidium removal. Missing this deadline may, in turn, jeopardize our ability to have the required treatment modifications, if any, completed by the deadline required, [blank - fill in date].
For more information, please call [blank - fill in name of waterworks contact] of [blank - fill in name of waterworks] at [blank - fill in phone number]."
3. The
notice shall contain a description of what the owner is doing to correct the
violation and when the owner expects the waterworks to return to compliance or
resolve the situation.
J.
Special notice for failure to determine bin classification or mean
Cryptosporidium level.
1. The owner that is
required to determine a bin classification or to determine mean Cryptosporidium
level shall provide public notice to persons served when the determination has
not been made as required. The form and manner of the public notice shall
satisfy the requirements of a Tier 2 notice, and the notice shall be repeated
in accordance with the requirements of a Tier 2 notice. However, a public
notice is not required if the owner is complying with a schedule to address the
violation approved by the department.
2. The notice shall contain the following
language, including the language to fill in the blanks:
"We are required to monitor the source of your drinking water for Cryptosporidium in order to determine by [blank - fill in date] whether water treatment at the [blank - fill in treatment plant name] is sufficient to adequately remove Cryptosporidium from you drinking water. We have not made this determination by the required date. Our failure to do this may jeopardize our ability to have the required treatment modifications, if any, completed by the required deadline of [blank - fill in date]. For more information, please call [blank - fill in name of waterworks contact] of [blank - fill in name of waterworks] at [blank - fill in telephone number]."
3. The notice shall contain a description of
what the owner is doing to correct the violation and when the owner expects the
waterworks to return to compliance or resolve the situation.
K. Special notice for significant
deficiencies by a noncommunity groundwater system.
1. An owner of a noncommunity groundwater
system that has not corrected a significant deficiency within one year of being
notified by the department shall provide public notice to the
consumers.
2. The form and manner
of the public notice shall satisfy the requirements of a Tier 2
notice.
3. The owner shall continue
to notify the public annually until the requirements of
12VAC5-590-421 have been
satisfied. The notice shall include:
a. The
nature of the significant deficiency and the date it was identified by the
department; and
b. The department
approved plan and schedule for correcting the significant deficiency including
interim measures, progress to date, and which of the interim measures have been
completed.
4. For a
noncommunity groundwater system with a large proportion of non-English-speaking
consumers, the notice shall contain information in the appropriate languages
regarding the importance of the notice or contain a telephone number or address
where the consumers may contact the owner to obtain a translated copy of the
notice or assistance with the appropriate language.
5. If directed by the department, the owner
of a noncommunity groundwater system with significant deficiencies that have
been corrected shall inform the consumers of the significant deficiencies, how
the deficiencies were corrected, and the date of correction.
L. The department may give notice
to the public required by this section on behalf of the owner as long as the
notice complies with the requirements of this section. However, the owner
remains legally responsible for ensuring that the requirements of this section
are met.
M. The department may
require an owner to provide public notice for significant changes in water
quality.
N. Within 10 days of
completion of each initial and repeat public notice, the owner shall provide
the department with the following:
1. A
certification that the owner has fully complied with the public notice
requirements; and
2. A
representative copy of each type of notice that was distributed, published,
posted, and made available to the persons served by the waterworks and to the
media.
O. The owner shall
maintain copies of each public notice and certification for at least three
years after issuance.
Notes
Statutory Authority: §§ 32.1-12 and 32.1-170 of the Code of Virginia.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.