| (6) A groundwater system that fails to issue a required
public notice or certify that the public notice has been performed
commits a public notice violation.
(f) Public notification. A groundwater system that
commits a treatment technique, monitoring, or reporting violation
or situation as identified in this section must notify its customers
of the violation in accordance with the requirements of §290.122
of this title (relating to Public Notification).
(1) Special notice to the public of significant deficiencies
or source water fecal contamination for community systems. In addition
to the applicable public notice requirements of §290.122(a) of
this title, a community groundwater system that receives notice from
the executive director of a significant deficiency or notification
of a fecal indicator positive groundwater source sample that is not
invalidated under §290.109(e)(2) of this title must inform the
public served by the water system of the fecal indicator positive
source sample or of any significant deficiency that has not been corrected
in its Consumer Confidence Report as specified in §290.272(g)(7)
and (8) of this title (relating to Content of the Report). The system
shall continue to inform the public annually until the significant
deficiency is corrected or the fecal contamination in the groundwater
source is determined by the executive director to be corrected under
subsection (b)(2) of this section.
(2) Special notice to the public of significant deficiencies
or source water fecal contamination for noncommunity systems. In addition
to the applicable public notice requirements of §290.122(a) of
this title, a noncommunity groundwater system that receives notice
from the executive director of a significant deficiency or notification
of a fecal indicator positive groundwater source sample that is not
invalidated under §290.109(e)(2) of this title must inform the
public served by the water system of any significant deficiency that
has not been corrected within 12 months of being notified by the executive
director, or earlier if directed by the executive director. The system
must continue to inform the public annually until the significant
deficiency is corrected. The information must include:
(A) 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;
and
(B) any other method reasonably calculated to notify
other persons served by the system, if they would not normally be
notified by the methods set out in subparagraph (A) of this paragraph.
Such persons may include those who may not see a posted notice because
the notice is not in a location they routinely frequent. Other methods
may include publication in a local newspaper, newsletter, or e-mail;
or, delivery of multiple copies in central locations (e.g., community
centers).
(C) If directed by the executive director, a noncommunity
groundwater system with significant deficiencies that have been corrected
must inform its customers of the significant deficiencies, how deficiencies
were corrected, and the dates of correction.
|
| Source Note: The provisions of this §290.116 adopted to be effective January 9, 2008, 33 TexReg 198; amended to be effective November 8, 2012, 37 TexReg 8849; amended to be effective July 30, 2015, 40 TexReg 4769; amended to be effective March 30, 2017, 42 TexReg 1466 |
