Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
A water system shall give public notice pursuant to this section if any of the
following occurs:
(1) Any violation of the
MCL, MRDL, and treatment technique requirements, except:
(A) Where a Tier 1 public notice is required
under section
64463.1; or
(B) Where the State Board determines that a
Tier 1 public notice is required, based on potential health impacts and
persistence of the violations;
(2) All violations of the monitoring and
testing procedure requirements in this chapter, and chapters 15.5, 17, and
17.5, for which the State Board determines that a Tier 2 rather than a Tier 3
public notice is required, based on potential health impacts and persistence of
the violations; or
(3) Failure to
comply with the terms and conditions of any variance or exemption in
place.
(b) A water system
shall give the notice as soon as possible within 30 days after it learns of a
violation or occurrence specified in subsection (a), except that the water
system may request an extension of up to 60 days for providing the notice. This
extension would be subject to the State Board's written approval based on the
violation or occurrence having been resolved and the State Board's
determination that public health and welfare would in no way be adversely
affected. In addition, the water system shall:
(1) Maintain posted notices in place for as
long as the violation or occurrence continues, but in no case less than seven
days;
(2) Repeat the notice every
three months as long as the violation or occurrence continues. Subject to the
State Board's written approval based on its determination that public health
would in no way be adversely affected, the water system may be allowed to
notice less frequently but in no case less than once per year. No allowance for
reduced frequency of notice shall be given in the case of an E.
coli MCL violation or violation of a coliform treatment technique or
Chapter 17 treatment technique requirement; and
(3) For turbidity violations pursuant to
sections 64652.5(c)(2) and
64653(c), (d) and
(f), as applicable, a water system shall
consult with the State Board as soon as possible within 24 hours after the
water system learns of the violation to determine whether a Tier 1 public
notice is required. If consultation does not take place within 24 hours, the
water system shall give Tier 1 public notice within 48 hours after learning of
the violation.
(c) A
water system shall deliver the notice, in a manner designed to reach persons
served, within the required time period as follows:
(1) Unless otherwise directed by the State
Board in writing based on its assessment of the violation or occurrence and the
potential for adverse effects on public health and welfare, community water
systems shall give public notice by;
(A) Mail
or direct delivery to each customer receiving a bill including those that
provide their drinking water to others (e.g., schools or school systems,
apartment building owners, or large private employers), and other service
connections to which water is delivered by the water system; and
(B) Use of one or more of the following
methods to reach persons not likely to be reached by a mailing or direct
delivery (renters, university students, nursing home patients, prison inmates,
etc.):
1. Publication in a local
newspaper;
2. Posting in
conspicuous public places served by the water system, or on the Internet;
or
3. Delivery to community
organizations.
(2) Unless otherwise directed by the State
Board in writing based on its assessment of the violation or occurrence and the
potential for adverse effects on public health and welfare, noncommunity water
systems shall give the public notice by:
(A)
Posting in conspicuous locations throughout the area served by the water
system; and
(B) Using one or more
of the following methods to reach persons not likely to be reached by a public
posting:
1. Publication in a local newspaper
or newsletter distributed to customers;
2. E-mail message to employees or
students;
3. Posting on the
Internet or intranet; or
4. Direct
delivery to each customer.
1. New
section filed 8-2-2006; operative 9-1-2006 (Register 2006, No.
31).
2. Amendment of subsections (a), (a)(1), (a)(3), (b), (b)(2),
(c) and (c)(1) and NOTE filed 5-22-2012; operative 6-21-2012 (Register 2012,
No. 21).
3. Change without regulatory effect amending section and
NOTE filed 6-2-2015 pursuant to section
100, title 1, California Code of
Regulations (Register 2015, No. 23).
4. Amendment of subsection
(a)(2), repealer of subsection (a)(3), subsection renumbering and amendment of
subsection (b)(2) filed 5-28-2021; operative 7-1-2021 (Register 2021, No.
22).
Note: Authority cited: Sections
116271,
116350
and
116375,
Health and Safety Code. Reference: Section
116450,
Health and Safety Code.
The amended version of this section by
Register
2024, No. 31, effective
10/1/2024 is not
yet available.
