Tenn. Comp. R. & Regs. 0400-45-01-.19 - NOTIFICATION OF CUSTOMERS

(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.

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(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:

(i) Violation of the turbidity MCL under Rule 0400-45-01-.06; or

(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.