(1) Each owner and
operator of a public water system including community, non-transient
non-community, and non-community water systems must comply with this rule.
(a) Each owner or operator of a public water
system must give public notice for all violations of national primary drinking
water regulations and for other situations as listed in table
0400-45-01-.19(1)(a). The term national primary drinking water regulation is
used in this rule to include violations of the maximum contaminant level (MCL),
maximum residual disinfectant level (MRDL), treatment technique (TT),
monitoring requirements, and testing procedures described in these regulations.
Appendix A to this rule identifies the tier assignment for each specific
violation or situation requiring a public notice.
TABLE
0400-45-01-.19(1)(a)
Violation Categories and Other Situations
Requiring a Public Notice
____________________________________________________________________________________
1. NPDWR violations:
(i) Failure to comply with an applicable
maximum contaminant level (MCL) or maximum residual disinfectant level
(MRDL).
(ii) Failure to comply with
a prescribed treatment technique (TT).
(iii) Failure to perform water quality
monitoring, as required by the drinking water regulations.
(iv) Failure to comply with testing
procedures as prescribed by a drinking water regulation.
2. Variance and exemptions under sections
1415 and 1416 of SDWA:
(i) Operation under a
variance or an exemption.
(ii)
Failure to comply with the requirements of any schedule that has been set under
a variance or exemption.
3. Special public notices:
(i) Occurrence of a waterborne disease
outbreak or other waterborne emergency.
(ii) Exceedance of the alternate MCL for
nitrate by non-community water systems (NCWS), where the non-community system
has been granted an alternate standard by the department.
(iii) Exceedance of the secondary maximum
contaminant level (SMCL) for fluoride.
(iv) Availability of unregulated contaminant
monitoring data.
(v) Other
violations and situations determined by the department to require a public
notice under this rule, not already listed in Appendix A.
____________________________________________________________________________________
(b) 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
listed in table 0400-45-01-.19(1)(a) are determined by the tier to which it is
assigned. table 0400-45-01-.19(1)(b) provides the definition of each tier.
Appendix A of this rule identifies the tier assignment for each specific
violation or situation.
TABLE 0400-45-01-.19(1)(b)
Definition of Public Notice Tiers
____________________________________________________________________________________
1. Tier 1 public notice-required for NPDWR
violations and situations with significant potential to have serious adverse
effects on human health as a result of short-term exposure.
2. Tier 2 public notice-required for all
other NPDWR violations and situations with potential to have serious adverse
effects on human health.
3. Tier 3
public notice-required for all other NPDWR violations and situations not
included in Tier 1 and Tier 2.
_________________________________________________________________________________________________________
(c) Who must be
notified?
1. Each public water system must
provide public notice to persons served by the water system, in accordance with
this rule. Public water systems that sell or otherwise provide drinking water
to other public water systems (i.e., to consecutive systems) are required to
give public notice to the owner or operator of the consecutive system; the
consecutive system is responsible for providing public notice 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 system to limit distribution of the public notice to
only persons served by that portion of the system which is out of compliance.
Permission by the department for limiting distribution of the notice must be
granted in writing.
3. A
representative copy of the each type of the notice distributed, published,
posted and/or made available to the persons served by the system and/or to the
media must also be sent to the Department within ten days of completion of each
public notification.
(2) Tier 1 Public Notice-Form, manner, and
frequency of notice.
(a) Violation of the MCL
for total coliforms when fecal coliform or E. coli are present in the water
distribution system as specified in Rule
0400-45-01-.06,
or when the water system fails to test for fecal coliforms or E. coli when any
repeat sample tests positive for coliform as specified in Rule
0400-45-01-.07;
Violation of the MCL for E. coli (as specified in Rule
0400-45-01-.06(4)(f)
);
TABLE 0400-45-01-.19(2)(a)
Violation Categories and Other
Situations
Requiring a Tier 1 Public Notice
____________________________________________________________________________________
1. Violation of the MCL for total coliforms
when fecal coliform or E. coli are present in the water distribution system as
specified in Rule
0400-45-01-.06,
or when the water system fails to test for fecal coliforms or E. coli when any
repeat sample tests positive for coliform as specified in Rule
0400-45-01-.07;
2. Violation of the MCL for nitrate, nitrite,
or total nitrate and nitrite, as defined in Rule
0400-45-01-.06,
or when the water system 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 Rule
0400-45-01-.09;
3. Exceedance of the alternate MCL for
nitrate by non-community water systems (NCWS), where the non-community system
has been granted an alternate standard by the department;
4. Violation of the MRDL for chlorine
dioxide, as defined in Rule
0400-45-01-.36,
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 system does not take the required samples in the
distribution system, as specified in Rule
0400-45-01-.36;
5. Violation of the turbidity MCL under Rule
0400-45-01-.06,
where the department determines after consultation that a Tier 1 notice is
required or where consultation does not take place within 24 hours after the
system learns of the violation;
6.
Violation of the Surface Water Treatment Rule (SWTR) Rule
0400-45-01-.31,
Interim Enhanced Surface Water Treatment Rule (IESWTR) or Long Term 1 Enhanced
Surface Water Treatment Rule (LT1ESWTR) treatment technique requirement
resulting from a single exceedance of the maximum allowable turbidity limit (as
identified in Appendix A) where the department determines after consultation
that a tier 1 notice is required or where consultation does not take place
within 24 hours after the system learns of the violation;
7. Occurrence of a waterborne disease
outbreak, as defined in Rule
0400-45-01-.04, 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);
8. 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 either in its
regulations or on a case-by-case basis.
9. Detection of E. coli or enterococci in
source water samples as specified in paragraph (3) of Rule
0400-45-01-.40.
____________________________________________________________________________________
(b) When is the Tier 1
public notice to be provided? What additional steps are required? Public water
systems must:
1. Provide a public notice as
soon as practical but no later than 24 hours after the system learns of the
violation;
2. Initiate consultation
with the Department as soon as practical, but no later than 24 hours after the
public water system learns of the violation or situation, to determine
additional public notice requirements; and
3. Comply with any additional public
notification 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. Such requirements may include the timing,
form, manner, frequency, and content of repeat notices (if any) and other
actions designed to reach all persons served.
(c) What is the form and manner of the public
notice? Public water systems must provide the notice within 24 hours in a form
and manner reasonably calculated to reach all persons served. The form and
manner used by the public water system are to fit the specific situation, but
must be designed to reach residential, transient, and non-transient users of
the water system. In order to reach all persons served, water systems are to
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
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; or
4. Another delivery method approved in
writing by the department.
(3) Tier 2 Public Notice-Form, manner, and
frequency of notice.
(a) Which violations or
situations require a Tier 2 public notice? table 0400-45-01-.19(3)(a) lists the
violation categories and other situations requiring a Tier 2 public notice.
Appendix A to this rule identifies the tier assignment for each specific
violation or situation.
TABLE 0400-45-01-.19(3)(a)
Violation
Categories and Other Situations
Requiring a Tier 2 Public Notice
____________________________________________________________________________________
1. All violations of the MCL, MRDL, and
treatment technique requirements, except where a Tier 1 notice is required
under subparagraph (2)(a) of this rule or where the department determines that
a Tier 1 notice is required;
2.
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, taking into account potential health impacts and persistence of the
violation; and
3. Failure to comply
with the terms and conditions of any variance or exemption in place.
4. Failure to take corrective action or
failure to maintain at least 4-log treatment of viruses (using inactivation,
removal, or a Department-approved combination of 4-log virus inactivation and
removal) before or at the first customer under subparagraph (4)(a) of Rule
0400-45-01-.40.
____________________________________________________________________________________
(b) When is the Tier 2
public notice to be provided?
1. Public water
systems must provide the public notice as soon as practical, 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 seven 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 three
months from the date the system learns of the violation. The department will
not grant an extension to the 30-day deadline for any unresolved violation or
to allow across-the-board extensions by rule or policy for other violations or
situations requiring a Tier 2 public notice. Extensions granted by the
department must be in writing.
2.
The public water system must repeat the notice every three months as long as
the violation or situation persists, unless the primacy agency determines that
appropriate circumstances warrant a different repeat notice frequency. In no
circumstance may the repeat notice be given less frequently than once per year.
The Department will not through its rules or policies permit across-the-board
reductions in the repeat notice frequency for other ongoing violations
requiring a Tier 2 repeat notice. The Department will not allow through its
rules or policies less frequent repeat notice for an MCL or treatment technique
violation under Rule
0400-45-01-.07
(Monitoring) or Rule
0400-45-01-.41
(Revised Total Coliform Rule) or a treatment technique violation under Rule
0400-45-01-.31
(Filtration and Disinfection). Department determinations allowing repeat
notices to be given less frequently than once every three months must be in
writing.
3. For the turbidity
violations specified in this paragraph, public water systems must consult with
the Department as soon as practical but no later than 24 hours after the public
water system learns of the violation, to determine whether a Tier 1 public
notice under subparagraph (2)(a) of this rule is required to protect public
health. When consultation does not take place within the 24-hour period, the
water system must distribute a Tier 1 notice of the violation within the next
24 hours (i.e., no later than 48 hours after the system learns of the
violation), following the requirements under subparagraphs (2)(b) and (c) of
this rule. Consultation with the department is required for:
(ii) Violation of the SWTR,
IESWTR or LT1ESWTR treatment technique requirement (Rule
0400-45-01-.31
) resulting from a single exceedance of the maximum allowable turbidity
limit.
(c)
What is the form and manner of the Tier 2 public notice? Public water systems
must 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. The form and manner of the public notice may vary based on the
specific situation and type of water system, but it must at a minimum meet the
following requirements:
1. Unless directed
otherwise by the department in writing, community water systems must provide
notice by:
(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; and
(ii) Any other method reasonably calculated
to reach other persons regularly served by the system, if they would not
normally be reached by the notice required in subpart (i) of this part. Such
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: publication in a local newspaper; delivery of multiple copies for
distribution by customers that provide their drinking water to others (e.g.,
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, non-community water systems
must provide notice by:
(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 (where known); and
(ii) 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 subpart (i) of this part. Such 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 (e.g., community centers).
(4) Tier 3 Public Notice-Form,
manner, and frequency of notice.
(a) Which
violations or situations require a Tier 3 public notice? Table
0400-45-01-.19(4) lists the violation categories and other situations requiring
a Tier 3 public notice.
0400Appendix A to this rule identifies the tier
assignment for each specific violation or situation.
TABLE
0400-45-01-.19(4)
Violation Categories and Other Situations
Requiring a Tier 3 Public Notice
____________________________________________________________________________________
1. Monitoring violations for the primary
drinking water contaminants, except where a Tier 1 notice is required under
subparagraph (2)(a) of this rule or where the department determines that a Tier
2 notice is required;
2. Failure to
comply with an approved departmental or EPA testing procedure, except where a
Tier 1 notice is required under subparagraph (2)(a) of this rule or where the
department determines that a Tier 2 notice is required;
3. Operation under a variance granted under
Section 1415 or an exemption granted under Section 1416 of the Safe Drinking
Water Act;
4. Availability of
unregulated contaminant monitoring results, as required under paragraph (7) of
this rule;
5. Exceedance of the
fluoride secondary maximum contaminant level (SMCL), as required under
paragraph (8) of this rule; and
6.
Reporting and Recordkeeping violations under Rule
0400-45-01-.41.
____________________________________________________________________________________
(b) When is the Tier 3
public notice to be provided?
1. Public water
systems must provide the public notice not later than one year after the public
water system learns of the violation or situation or begins operating under a
variance or exemption. Following the initial notice, the public water system
must repeat the notice annually for as long as the violation, variance,
exemption, or other situation persists. If the public notice is posted, the
notice must remain in place for as long as the violation, variance, exemption,
or other situation persists, but in no case less than seven days (even if the
violation or situation is resolved).
2. Instead of individual Tier 3 public
notices, a public water system may use an annual report detailing all
violations and situations that occurred during the previous twelve months, as
long as the timing requirements of part 1. of this subparagraph are
met.
(c) What is the
form and manner of the Tier 3 public notice? Public water systems must provide
the initial notice and any repeat notices in a form and manner that is
reasonably calculated to reach 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 it must at a minimum meet the following
requirements:
1. Unless directed otherwise by
the Department in writing, community water systems must provide notice by:
(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; and
(ii) Any other method reasonably calculated
to reach other persons regularly served by the system, if they would not
normally be reached by the notice required in subpart (i) of this part. Such
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: Publication in a local newspaper; delivery of multiple copies for
distribution by customers that provide their drinking water to others (e.g.,
apartment building owners or large private employers); posting in public places
or on the Internet; or delivery to community organizations.
2. Unless directed otherwise by
the Department in writing, non-community water systems must provide notice by:
(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 (where known); and
(ii)
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 subpart
(i) of this part. Such 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: 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 (e.g., community centers).
(d) In what situations
may the Consumer Confidence Report be used to meet the Tier 3 public notice
requirements? For community water systems, the Consumer Confidence Report (CCR)
may be used as a vehicle for the initial Tier 3 public notice and all required
repeat notices, as long as:
1. The CCR is
provided to persons served no later than 12 months after the system learns of
the violation or situation as required under subparagraph (b) of this
paragraph;
2. The Tier 3 notice
contained in the CCR follows the content requirements under paragraph (5) of
this rule; and
3. The CCR is
distributed following the delivery requirements under subparagraph (c) of this
paragraph.
(5) Content of the public notice.
(a) What elements must be included in the
public notice for violations of National Primary Drinking Water Regulations
(NPDWR) or other situations requiring a public notice? When a public water
system violates a NPDWR or has a situation requiring public notification, each
public notice must include the following elements:
1. A description of the violation or
situation, including the contaminant(s) of concern, and (as applicable) the
contaminant level(s);
2. When the
violation or situation occurred;
3.
Any potential adverse health effects from the violation or situation, including
the standard language under part (d)1. or (d)2. of this paragraph, whichever is
applicable;
4. The population at
risk, including subpopulations particularly vulnerable if exposed to the
contaminant in their drinking water;
5. Whether alternative water supplies should
be used;
6. What actions consumers
should take, including when they should seek medical help, if known;
7. What the system is doing to correct the
violation or situation;
8. When the
water system expects to return to compliance or resolve the
situation;
9. 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
10. A statement to
encourage the notice recipient to distribute the public notice to other persons
served, using the standard language under part (d)3. of this paragraph, where
applicable.
(b) What
elements must be included in the public notice for public water systems
operating under a variance or exemption?
1. If
a public water system has been granted a variance or an exemption, the public
notice must contain:
(i) An explanation of the
reasons for the variance or exemption;
(ii) The date on which the variance or
exemption was issued;
(iii) A brief
status report on the steps the system is taking to install treatment, find
alternative sources of water, or otherwise comply with the terms and schedules
of the variance or exemption; and
(iv) A notice of any opportunity for public
input in the review of the variance or exemption.
2. If a public water system violates the
conditions of a variance or exemption, the public notice must contain the ten
elements listed in subparagraph (a) of this paragraph.
(c) How is the public notice to be presented?
1. Each public notice required by this
paragraph:
(i) Must be displayed in a
conspicuous way when printed or posted;
(ii) Must not contain overly technical
language or very small print;
(iii)
Must not be formatted in a way that defeats the purpose of the
notice;
(iv) Must not contain
language which nullifies the purpose of the notice.
2. Each public notice required by this
paragraph must comply with multilingual requirements, as follows:
(i) For public water systems serving a
twenty-five percent or more of non-English speaking consumers, the public
notice must contain information in the appropriate language(s) regarding the
importance of the notice or 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.
(d) What standard language must
public water systems include in their public notice?
Public water systems
are required to include the following standard language in their public
notice:
1. Standard health effects
language for MCL or MRDL violations, treatment technique violations, and
violations of the condition of a variance or exemption. Public water systems
must include in each public notice the health effects language specified in
Appendix B to this rule corresponding to each MCL, MRDL, and treatment
technique violation listed in Appendix A to this rule, and for each violation
of a condition of a variance or exemption.
2. Standard language for monitoring and
testing procedure violations. Public water systems must include the following
language in their notice, including the language necessary to fill in the
blanks, for all monitoring and testing procedure violations listed in Appendix
A to this rule:
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 [contaminant(s)], and therefore cannot be sure of
the quality of your drinking water during that time.
3. Standard language to encourage the
distribution of the public notice to all persons served. Public water systems
must include in their notice the following language (where applicable):
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) Notice to new billing units or new
customers.
(a) What is the requirement for
community water systems? Community water systems must give a copy of the most
recent public notice for any continuing violation, the existence of a variance
or exemption, or other ongoing situations requiring a public notice to all new
billing units or new customers prior to or at the time service
begins.
(b) What is the requirement
for non-community water systems? 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.
(7) Special notice of the availability of
unregulated contaminant monitoring results.
(a) When is the special notice to be given?
The owner or operator of a community water system of a non-transient,
non-community water system required to monitor for unregulated contaminant
monitoring and reporting by the Environmental Protection Agency must notify
persons served by the system of the availability of the results of such
sampling no later than 12 months after the monitoring results are
known.
(b) What is the form and
manner of the special notice? The form and manner of the public notice must
follow the requirements for a Tier 3 public notice prescribed in subparagraph
(4)(c), part (4)(d)1., and part (4)(d)3. of this rule. The notice must also
identify a person and provide the telephone number to contact for information
on the monitoring results.
(8) Special notice for exceedance of the SMCL
for fluoride.
(a) When is the special notice
to be given? Community water systems that exceed the fluoride secondary maximum
contaminant level (SMCL) of 2 mg/l as specified in Rule
0400-45-01-.12
(determined by the last single sample taken in accordance with Rule
0400-45-01-.09
), but do not exceed the maximum contaminant level (MCL) of 4 mg/l for fluoride
(as specified in Rule
0400-45-01-.06
), must provide the public notice in subparagraph (c) of this paragraph to
persons served. Public notice must be provided as soon as practical but no
later than 12 months from the day the water system learns of the exceedance. A
copy of the notice must also be sent to all new billing units and new customers
at the time service begins and to the department and State public health
officer. The public water system must repeat the notice at least annually for
as long as the SMCL is exceeded. If the public notice is posted, the notice
must 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). On a case-by-case
basis, the department may require an initial notice sooner than 12 months and
repeat notices more frequently than annually.
(b) What is the form and manner of the
special notice? The form and manner of the public notice (including repeat
notices) must follow the requirements for a Tier 3 public notice in
subparagraph (4)(c), part (4)(d)1., and part (4)(d)3. of this rule.
(c) What mandatory language must be contained
in the special notice? The notice must 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 water
system [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 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. 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're
required to notify you when we discover that the fluoride levels in your
drinking water exceed 2 mg/l.
For more information, please call
[name of water system contact] of [name of community water system] 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 1-877-8-NSF-HELP.
(9) Special notice for nitrate
exceedances above MCL by non-community water systems (NCWS), where granted
permission by the department under
40 CFR
141.11(d).
(a) When is the special notice to be given?
The owner or operator of a non-community water system granted permission by the
department under
40 CFR
141.11(d) to exceed the
nitrate MCL must provide notice to persons served according to the requirements
for a Tier 1 notice under subparagraph (2)(a) and (b) of this rule.
(b) What is the form and manner of the
special notice? Non-community water systems granted permission by the
department to exceed the nitrate MCL under
40 CFR
141.11(d) must provide
continuous posting of the fact that nitrate levels exceed 10 mg/l and the
potential health effects of exposure, according to the requirements for Tier 1
notice delivery under subparagraph (2)(c) of this rule and the content
requirements under paragraph (5) of this rule.
(10) Notice by department on behalf of the
public water system.
(a) May the department
give the notice on behalf of the public water system? The department may give
the notice required by this rule on behalf of the owner and operator of the
public water system if the department complies with the requirements of this
rule.
(b) What is the
responsibility of the public water system when notice is given by the
department? The owner or operator of the public water system remains
responsible for ensuring that the requirements of this rule are met and civil
penalties assessed against the system for failure to give the notice and for
damages and expenses incurred by the department.
(11) Special notice for repeated failure to
conduct monitoring of the source water for Cryptosporidium and for failure to
determine bin classification or mean Cryptosporidium level.
(a) When is the special notice for repeated
failure to monitor to be given? The owner or operator of a community or
non-community water system that is required to monitor source water under
paragraph (2) of Rule
0400-45-01-.39
must notify persons served by the water system that monitoring has not been
completed as specified no later than 30 days after the system has failed to
collect any 3 months of monitoring as specified in subparagraph (2)(c) of Rule
0400-45-01-.39.
The notice must be repeated as specified in subparagraph (3)(b) of this
rule.
(b) When is the special
notice for failure to determine bin classification or mean Cryptosporidium
level to be given? The owner or operator of a community or non-community water
system that is required to determine a bin classification under paragraph (11)
of Rule
0400-45-01-.39,
or to determine mean Cryptosporidium level under paragraph (13) of Rule
0400-45-01-.39,
must notify persons served by the water system that the determination has not
been made as required no later than 30 days after the system has failed report
the determination as specified in subparagraph (11)(e) or (13)(a) of Rule
0400-45-01-.39,
respectively. The notice must be repeated as specified in subparagraph (3)(b)
of this rule. The notice is not required if the system is complying with a
Department-approved schedule to address the violation.
(c) What is the form and manner of the
special notice? The form and manner of the public notice must follow the
requirements for a Tier 2 public notice prescribed in subparagraph (3)(c) of
this rule. The public notice must be presented as required in subparagraph
(5)(c) of this rule.
(d) What
mandatory language must be contained in the special notice? The notice must
contain the following language, including the language necessary to fill in the
blanks.
1. The special notice for repeated
failure to conduct monitoring must contain the following language:
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 (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 (required bin determination
date). We "did not monitor or test" 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, must 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, (date).
For more information,
please call (name of water system contact) of (name of water system) at (phone
number).
2. The special
notice for failure to determine bin classification or mean Cryptosporidium
level must contain the following language:
We are required to monitor the
source of your drinking water for Cryptosporidium in order to determine by
(date) whether water treatment at the (treatment plant name) is sufficient to
adequately remove Cryptosporidium from your 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 (date). For more information, please call (name of
water system contact) of (name of water system) at (phone number).
3. Each special notice must also
include a description of what the system is doing to correct the violation and
when the system expects to return to compliance or resolve the situation.
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Notes
Tenn. Comp. R.
& Regs.
0400-45-01-.19
Original rule filed
August 1, 2012; effective October 30, 2012. Rule was previously numbered
1200-05-01. Amendments and new rules filed November 24, 2015; effective
February 22, 2016. Amendments filed November 19, 2018; effective
2/17/2019.
Authority:
T.C.A. §§
4-5-201,
et seq. and 68-221-701, et seq.