25 Pa. Code § 109.407 - General public notification requirements
(a)
Violation categories and other
situations requiring a public notice. A public water supplier shall
give public notice for the following circumstances:
(1) Failure to comply with an applicable
State primary MCL or MRDL in Subchapter B (relating to MCLs, MRDLs or treatment
technique requirements).
(2)
Failure to comply with a prescribed treatment technique requirement in
Subchapter B, G, K, L or M.
(3)
Failure to perform water quality monitoring, as required by Subchapter C
(relating to monitoring requirements) or Subchapter K.
(4) Operation under a variance or an
exemption under Subchapter I (relating to variances and exemptions issued by
the Department).
(5) Failure to
comply with the requirements of any schedule that has been set under a variance
or exemption.
(6) 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 finished water and has a significant potential to have serious
adverse effects on human health as a result of short-term exposure.
(7) Availability of unregulated contaminant
monitoring data.
(8) 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 MCLs
for inorganic contaminants).
(9)
Other violations or situations determined by the Department to require a public
notice under this subchapter.
(b)
Definition of public notice
tiers. Public notice requirements are divided into three tiers, to
take into account the seriousness of the violation or situation and any
potential adverse health effects that may be involved. The public notice
requirements for each violation or situation identified in subsection (a) is
determined by the tier to which it is assigned. This subchapter incorporates by
reference the tier assignment for each specific violation or situation in the
National Primary Drinking Water Regulations, 40 CFR Part 141 , Subpart Q,
Appendix A (relating to the tier assignment for each specific NPDWR violation
and other situations requiring public notice), unless other tier assignments
are established by regulation or order of the Department.
(1)
Tier 1 public notice.
Required for violations and situations specified in subsection (a) with
significant potential to have serious adverse effects on human health as a
result of short-term exposure. General violation categories and other
situations requiring a Tier 1 public notice are specified in §
109.408(a)
(relating to Tier 1 public notice-categories, timing and delivery).
(2)
Tier 2 public notice.
Required for all other violations and situations in subsection (a) with
potential to have serious adverse effects on human health. General violation
categories and other situations requiring a Tier 2 public notice are specified
in §
109.409(a)
(relating to Tier 2 public notice-categories, timing and delivery).
(3)
Tier 3 public notice.
Required for all other violations and situations in subsection (a) not included
in Tier 1 and Tier 2. General violation categories and other situations
requiring a Tier 3 public notice are specified in §
109.410(a)
(relating to Tier 3 public notice-categories, timing and
delivery).
(c)
Public notice recipients.
(1) A public water supplier shall provide
public notice to persons served by the public water system, in accordance with
this subchapter. A public water system that sells or otherwise provides
drinking water to another public water system, such as to a consecutive water,
bulk water hauling or vended water system, shall give public notice to the
owner or operator of the other water system. The other water system is
responsible for ensuring that public notice is provided to the persons it
serves.
(2) If a public water
system has a violation 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 water supplier to limit distribution of
the public notice to only persons served by that portion of the system which is
out of compliance. Permission for limiting distribution of the notice will be
granted in writing by the Department.
(3) If a public water system has a violation
involving a point-of-entry (POE) device, the Department may allow the water
supplier to limit distribution of the public notice to only persons served by
that POE device. Permission for limiting distribution of the notice shall be
granted in writing by the Department.
(4) If a community water system has a Tier 1
violation, the water supplier shall also notify additional recipients as
designated in the community water system's emergency response plan under §
109.707(a)(2)
(relating to emergency response plan).
(5) If a noncommunity water system in which
persons 17 years of age or under are cared for or educated, such as a school or
day care center, has a Tier 1 violation, the water supplier shall also provide
public notice directly to the parent or guardian of those persons.
(6) A water supplier shall provide a copy of
the notice to the Department in accordance with §
109.701(a)(4)
(relating to reporting and recordkeeping).
Notes
The provisions of this § 109.407 amended under section 4 of the Pennsylvania Safe Drinking Water Act (35 P.S. § 721.4) and sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. §§ 510-7 and 510-20).
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