(a)
General
violation categories and other situations requiring a Tier 2 public
notice. A public water supplier shall provide Tier 2 public notice for
the following circumstances:
(1) All
violations of the primary MCL, MRDL, treatment technique requirements and
failure to take corrective action in Subchapters B, C, G, K, L or M, except
when a Tier 1 notice is required under §
109.408 (relating to Tier 1 public
notice-categories, timing and delivery of notice) or when the Department
determines that a Tier 1 notice is required. The tier assignment for fluoride
is not incorporated by reference. Under §
109.202(d)
(relating to State MCLs, MRDLs and treatment technique requirements), a public
water system shall comply with the primary MCL for fluoride of 2 mg/L. As such,
a public water supplier shall provide Tier 2 public notice for violation of the
primary MCL for fluoride.
(2)
Violations of the monitoring requirements in Subchapter C, K or M (relating to
monitoring requirements; lead and copper; and additional requirements for
groundwater sources), when the Department 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.
(3) Failure to comply with the terms and
conditions of any variance or exemption in place under Subchapter I (relating
to variances and exemptions issued by the Department).
(4) Other violations or situations determined
by the Department to require a Tier 2 public notice, taking into account
potential chronic health impacts and persistence of the
violation.
(b)
Timing for a Tier 2 public notice. A public water supplier
shall do the following:
(1) Report the
circumstances to the Department within 1 hour of discovery of a violation under
subsection (a)(1), in accordance with §
109.701(a)(3)
(relating to reporting and recordkeeping).
(2) Provide the public notice as soon as
possible, but no later than 30 days after the system learns of the violation.
If the public notice is posted, the notice must remain in place for as long as
the violation or situation persists, but in no case for less than 7 days, even
if the violation or situation is resolved. The Department may, in appropriate
circumstances, allow additional time for the initial notice of up to 3 months
from the date the system learns of the violation. The Department will not grant
an extension across the board or for an unresolved violation. Extensions
granted by the Department will be in writing.
(3) Repeat the notice every 3 months as long
as the violation or situation persists, unless the Department determines that
appropriate circumstances warrant a different repeat notice frequency. In no
circumstances may the repeat notice be given less frequently than once per
year. The Department will not allow less frequent repeat notices across the
board; or for a violation of a treatment technique requirement for pathogenic
bacteria, viruses and protozoan cysts as defined in §
109.202(c); or
for other ongoing violations. Determinations granted by the Department for less
frequent repeat notices will be in writing.
(c)
Form and manner of a Tier 2
public notice. A public water supplier shall provide the initial
public notice and any repeat notices in a form and manner that is reasonably
designed to reach all persons served in the required time period. The form and
manner of the public notice may vary based on the specific situation and type
of water system, but the public water supplier shall at a minimum meet the
following requirements:
(1) Unless directed
otherwise by the Department in writing, community water systems shall provide
notice using the following forms of delivery:
(i) 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.
(ii) Any other method reasonably designed to
reach other persons regularly served by the system, if they would not normally
be reached by the notice required in subparagraph (i). Those persons may
include those who do not pay water bills or do not have service connection
addresses such as house renters, apartment dwellers, university students,
nursing home patients or prison inmates. Other methods may include publication
in a local newspaper, delivery of multiple copies for distribution by customers
that provide their drinking water to others (such as apartment building owners
or large private employers), posting in public places served by the system or
on the Internet or delivery to community organizations.
(2) Unless directed otherwise by the
Department in writing, noncommunity water systems shall provide notice using
the following forms of delivery:
(i) Posting
the notice in conspicuous locations throughout the distribution system
frequented by persons served by the system, or by mail or direct delivery to
each customer and service connection, when known.
(ii) Any other method reasonably designed to
reach other persons served by the system if they would not normally be reached
by the notice required in subparagraph (i). Those 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 publication in a
local newspaper or newsletter distributed to customers, use of e-mail to notify
employees or students or delivery of multiple copies in central locations such
as community centers.