| (C) If notice is provided by posting, the posting must
remain in place for as long as the violation exists or seven days,
whichever is longer.
(3) The owner or operator of a system required to issue
an initial violation notice shall issue additional notices. The additional
notices shall be issued in the following manner.
(A) The owner or operator of a community water system
shall issue repeat notices at least once every 12 months by mail delivery
(by direct mail or with the water bill) or by hand delivery, for as
long as the violation exists or variance or exemption remains in effect.
Repeat public notice may be included as part of the Consumer Confidence
(B) If the owner or operator of a noncommunity water
system issued the initial notice by continuously posting the notice,
the posting must continue for as long as the violation exists, and
in no case less than seven days. If the owner or operator of a noncommunity
water system issued the initial notice by direct delivery, notice
by direct delivery must be repeated at least every 12 months for as
long as the violation exists.
(4) The owner or operator of the public water system
must issue a notice when the public water system has corrected the
violation. This notice must be issued in the same manner as the original
notice was issued.
(d) Each public notice must conform to the following
(1) The notice must contain a clear and readily understandable
explanation of the violation, significant deficiency, or situation
that led to the notification. The notice must not contain very small
print, unduly technical language, formatting, or other items that
frustrate or defeat the purpose of the notice.
(2) If the notice is required for a specific event
or significant deficiency, it must state when the event occurred or
the date the significant deficiency was identified by the executive
(3) For notices required under subsections (a), (b),
or (c)(1)(A) of this section, the notice must describe potential adverse
(A) For MCL, MRDL, or treatment technique violations
or situations (including uncorrected significant deficiencies), the
notice must contain the mandatory federal contaminant-specific language
contained in 40 Code of Federal Regulations (CFR) Subpart Q, Appendix
B, in addition to any language required by the executive director.
(B) For fluoride SCL violations, the notice must contain
the mandatory federal contaminant-specific language contained in 40
CFR §141.208, in addition to any language required by the executive
(C) For failure to perform any 3 months of raw surface
water monitoring or request bin classification from the executive
director, the notice must contain the mandatory federal contaminant
specific language contained in 40 CFR §141.211(d)(1) and (2),
respectively, in addition to any language required by the executive
(D) The notice must describe the population at risk,
especially subpopulations particularly vulnerable if exposed to the
(4) The notice must state what actions the water system
is taking to correct the violation or situation, and when the water
system expects to return to compliance. For groundwater systems with
significant deficiencies, the notice must contain the executive director-approved
plan and schedule for correction of the significant deficiency, including
interim measures, progress to date, and any interim measures completed.
(5) The notice must state whether alternative drinking
water sources should be used, and what other actions consumers should
take, including when they should seek medical help, if known.
(6) Each notice must contain the name, business address
and telephone number at which consumers may contact the owner, operator,
or designee of the public water system for additional information
concerning the notice.
(7) Where appropriate, the notice must be multilingual.
The multilingual notice must explain the importance of the notice
or provide a telephone number or address where consumers may contact
the system to obtain a translated copy of the notice or assistance
in the appropriate language.
(8) The notice shall include a statement to encourage
the notice recipient to distribute the public notice to the other
(9) Systems with variances or exemptions must notify
in accordance with 40 CFR §141.205(b).
(10) Systems must notify customers at sampled taps
of the results of any required lead or copper analyses and certify
completion of the notification to the executive director.
(e) Notice to new billing units. The owner or operator
of a community water system must give a copy of the most recent public
notice for any outstanding violation of any MCL, or any treatment
technique requirement, or any variance or exemption schedule to all
new billing units or new hookups prior to or at the time service begins.
The owner or operator of a noncommunity water system 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.
(f) Proof of public notification. A copy of any public
notice required under this section must be submitted to the executive
director within ten days of its distribution as proof of public notification.
The copies must be mailed to the Water Supply Division, MC 155, Texas
Commission on Environmental Quality, P.O. Box 13087, Austin, Texas
78711-3087. Each proof of public notification must be accompanied
with a signed Certificate of Delivery.
(g) Notice to consecutive systems. A public water system
that is required to notify its customers must also provide a copy
of the notification to the owner or operator of any public water systems
that purchase or otherwise receive water from it in the same manner
in which they inform their customers. Each public water system that
is affected by the subject of the notification is responsible for
notification to its own customers.
(h) Notices given by the executive director. The executive
director may give the notice required by this section on behalf of
the owner and operator of the public water system following the requirements
of this section. The owner or operator of the public water system
remains responsible for ensuring that the requirements of this section
(i) 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 executive director
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 executive director for limiting distribution
of the notice must be granted in writing.
|Source Note: The provisions of this §290.122 adopted to be effective September 13, 2000, 25 TexReg 8880; amended to be effective May 16, 2002, 27 TexReg 4127; amended to be effective May 16, 2002, 27 TexReg 4127; amended to be effective February 19, 2004, 29 TexReg 1373; amended to be effective January 9, 2008, 33 TexReg 198; amended to be effective May 15, 2011, 36 TexReg 2860; amended to be effective November 8, 2012, 37 TexReg 8849