Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Each water system shall give public notice pursuant to this section if any of
the following occurs:
(1) Monitoring
violations;
(2) Failure to comply
with a testing procedure, except where a Tier 1 public notice is required
pursuant to section
64463.1 or the State Board
determines that a Tier 2 public notice is required pursuant to section
64463.4;
(3) Operation under a variance or
exemption;
(4) Failure to comply
with a reporting requirement pursuant to article 3; or
(5) Failure to comply with a recordkeeping
requirement pursuant to section
64470(b)(7).
(b) Each water system shall give the public
notice within one year after it learns of the violation or begins operating
under a variance or exemption.
(1) The water
system shall repeat the public notice annually for as long as the violation,
variance, exemption, or other occurrence continues.
(2) Posted public notices shall remain in
place for as long as the violation, variance, exemption, or other occurrence
continues, but in no case less than seven days.
(3) Instead of individual Tier 3 public
notices, a water system may use an annual report detailing all violations and
occurrences for the previous twelve months, as long as the water system meets
the frequency requirements specified in this subsection.
(4) Failure to comply with a reporting
requirement pursuant to article 3; or
(5) Failure to comply with a recordkeeping
requirement pursuant to section
64470(b)(7).
(c) Each 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
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.
(d) Community and nontransient-noncommunity
water systems may use the Consumer Confidence Report pursuant to sections
64480 through
64483, to meet the initial and
repeat Tier 3 public notice requirements in subsection
64463.7(b), as
long as the Report meets the following:
(1)
Is given no later than one year after the water system learns of the violation
or occurrence;
(2) Includes the
content specified in section
64465; and
(3) Is distributed pursuant to
paragraph(b)(1) and (2) or subsection (c).
1. New
section filed 8-2-2006; operative 9-1-2006 (Register 2006, No.
31).
2. Change without regulatory effect amending subsections
(a)(2), (c)(1) and (c)(2) and amending NOTE filed 6-2-2015 pursuant to section
100, title 1, California Code of
Regulations (Register 2015, No. 23).
3. Amendment of subsections
(a)(2)-(3), new subsections (a)(4)-(5) and amendment of NOTE 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.
