| (A) The owner or operator of a community water system
shall issue the 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 clause (i) of this subparagraph.
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
drinking water to others (e.g., apartment building owners or large
private employers); continuous posting in conspicuous public places
within the area served by the system or on the Internet; electronic
delivery or alert systems (e.g., reverse 911); or delivery to community
organizations.
(B) The owner or operator of a noncommunity water system
shall issue the 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. 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; electronic delivery or alert systems
(e.g., reverse 911); or, delivery of multiple copies in central locations
(e.g., community centers).
(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
must issue a notice at least once every three months by mail delivery
(by direct mail or with the water bill) or by direct delivery, for
as long as the violation exists.
(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 three months for
as long as the violation exists.
(c) Tier 3 public notification requirements for other
violations, situations, variances, exemptions as defined in this subsection.
The owner or operator of a public water system who fails to perform
monitoring required by this chapter, fails to comply with a testing
procedure established by this chapter, or is subject to a variance
or exemption granted under §290.102(b) of this title shall notify
persons served by the system. Each notice required by this section
must meet the requirements of subsection (d) of this section.
(1) Violations or other situations that require notification
as described in this subsection include:
(A) exceedance of the secondary constituent levels
(SCL) for fluoride;
(B) failure to perform monitoring or reporting required
by this subchapter;
(C) failure to comply with the analytical requirements
or testing procedures required by this subchapter;
(D) operating under a variance or exemption granted
under §290.102(b) of this title;
(E) failure to maintain records on recycle practices
as required by §290.46(f)(3)(C)(iii) of this title;
(F) a community and nontransient, noncommunity public
water system shall notify its customers of the availability of unregulated
contaminant monitoring results, as required under 40 Code of Federal
Regulations (CFR) §141.207;
(G) failure of a community and nontransient, noncommunity
water public water system to notify of the availability of unregulated
contaminant monitoring results, as required under 40 CFR §141.207;
(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.
Cont'd... |
