| (H) failure of a public water system to maintain any
assessment form, regardless of who conducts the assessment, and documentation
of corrective actions completed as a result of those assessments,
or documentation of corrective actions required but not yet complete,
or other available summary documentation of the sanitary defects and
corrective actions taken under §290.109 of this title;
(I) failure of a public water system to maintain a
record of any repeat sample taken that meets the criteria for an extension
of the 24-hour period for collecting repeat samples under §290.109
of this title;
(J) other violations or situations deemed by the executive
director to pose an acute risk to human health or with significant
potential to have serious adverse effects on human health as a result
of short-term exposure may require a Tier 1 public notice as described
in subsection (a)(2) of this section;
(K) other violations or situations at the, discretion
of the executive director, may require a Tier 2 public notice as described
in subsection (b)(2) of this section; and
(L) failure to maintain records for seasonal start-up
procedures and seasonal start-up procedures certification form(s)
as required by §290.109 of this title.
(2) The initial Tier 3 public notice issued pursuant
to this section shall be issued no 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 shall repeat the notice annually for as long as the violation,
variance, exemption, or other situation persists. If the public notice
is posted, the notice shall 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. The
initial public notice shall be issued in the following manner.
(A) The owner or operator of a community water system
shall issue the notice by mail or other direct delivery to each customer
receiving a bill and to other service connections. The owner or operator
of a noncommunity water system shall issue the notice by either 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. Other methods of delivery
may include electronic delivery or alert systems (e.g., reverse 911).
(B) The owner or operator of any public water system
shall also notify the public using another method reasonably calculated
to reach other persons regularly served by the system, if they would
not normally be reached by the notice required in subparagraph (A)
of this paragraph. Such persons may include people 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.). These 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. Other
methods of delivery may include electronic delivery or alert systems
(e.g., reverse 911).
(C) For community public water systems, the Consumer
Confidence Report (CCR) as required under Subchapter H of this chapter
(relating to Consumer Confidence Reports) may be used for delivering
the initial Tier 3 public notice and all required repeat notices,
under the following conditions.
(i) The CCR is provided to persons served no later
than 12 months after the public water system learns of the violation
or situation as described under paragraph (1) of this subsection.
(ii) The Tier 3 notice contained in the CCR follows
the content requirements under §290.272 of this title (relating
to Content of the Report).
(iii) The CCR is distributed following the delivery
requirements under §290.274 of this title (relating to Report
Delivery and Recordkeeping).
(D) 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 CCR as described
in paragraph (2) of this subsection.
(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.
(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 CFR Part 141, Subpart Q, Appendix B, in addition to
any language required by the executive director. For violations of
the condition of a variance or exemption, the notice must contain
the health effects information and include the items and schedule
milestones of the variance or exemption.
(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 three 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
persons served. Public water systems must include in their notice
the following language: 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.
(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 or other method of submission as specified by the executive
director. Each proof of public notification must be accompanied with
a signed Certificate of Delivery.
(g) Notice to consecutive systems. All public water
systems shall provide public notice to persons served by the public
water system in accordance with this section. All public water systems
that are required to issue public notice to persons in accordance
with this section, and that sell or otherwise provide drinking water
to other public water systems (i.e., consecutive systems), shall provide
public notice to the owner or operator of the consecutive system.
The consecutive system is responsible for and shall provide public
notice to the persons it serves in accordance with this section.
(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.
(j) The owner or operator of a public water system
that furnishes for public or private use drinking water containing
added fluoride may not permanently terminate the fluoridation of drinking
water unless the owner or operator provides written notice to persons
served by the public water system and to the executive director of
the termination of fluoridation at least 60 days before the termination.
The public notice to persons served by the public water system pursuant
to this section shall be issued using the delivery methods described
in subsection (c)(2)(A) of this section. Proof of public notification
issued pursuant to this subsection shall be submitted in accordance
with subsection (f) of this section.
|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; amended to be effective March 30, 2017, 42 TexReg 1466; amended to be effective September 17, 2020, 45 TexReg 6375