Hawaii Administrative Rules, Chapter 20, Section 11-20-18 - Public notice requirements | Hawaii Administrative Rules

(a) Public water systems shall give notice as described below.

(1) Each owner or operator of a public water system (community water systems, non-transient non-community water systems, and transient non-community water systems) must give notice for all violations of national primary drinking water regulations (NPDWR) and for other situations, as listed below to include violations of the maximum contaminant level (MCL), maximum residual disinfection level (MRDL), treatment technique (TT), monitoring requirements, and testing procedures in this chapter. Appendix G entitled "NPDWR Violations and Other Situations Requiring Public Notice", dated February 13, 2013, located at the end of this chapter and made a part of this section, identifies the tier assignment for each specific violation or situation requiring a public notice;

(A) NPDWR violations:

(i) Failure to comply with an applicable maximum contaminant level (MCL) or maximum residual disinfectant level (MRDL);

(ii) Failure to comply with a prescribed treatment technique (TT);

(iii) Failure to perform water quality monitoring as required by the drinking water regulations;

(iv) Failure to comply with testing procedures as prescribed by a drinking water regulation;

(B) Variance and exemptions:

(i) Operation under a variance or an exemption;

(ii) Failure to comply with the requirements of any schedule that has been set under a variance or exemption;

(C) Special public notices:

(i) Occurrence of a waterborne disease outbreak or other waterborne emergency;

(ii) Exceedance of the nitrate MCL by non-community water systems (NCWS), where granted permission by the State under section 11-20-3(c);

(iii) Exceedance of the secondary maximum contaminant level (SMCL) for fluoride;

(iv) Availability of unregulated contaminant monitoring data;

(v) Other violations and situations determined by the State to require a public notice under this section, not already listed in Appendix G.

(2) Public notice requirements are divided into three tiers as defined below:

(A) Tier 1 public notice - required for NPDWR violations and situations with significant potential to have serious adverse effects on human health as a result of short-term exposure.

(B) Tier 2 public notice - required for all other NPDWR violations and situations with potential to have serious adverse effects on human health.

(C) Tier 3 public notice - required for all other NPDWR violations and situations not included in Tier 1 and Tier 2.

(3) Each public water system must provide public notice to persons served by the water system, in accordance with this section.

(A) Public water systems that sell or otherwise provide drinking water to other public water systems (i.e., to consecutive systems) are required to give public notice to the owner or operator of the consecutive system. The consecutive system is responsible for providing public notice to the persons it serves.

(B) 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 State 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 State for limiting distribution of the notice must be granted in writing;

(C) A copy of the notice must also be sent to the State, in accordance with the requirements under section 11-20-17(d).

(b) Tier 1 Public Notice - form, manner, and frequency of notice.

(1) Tier 1 public notices are required for the following violations or situations:

(A) Violation of the MCL for E. coli (as specified in section 11-20-6(a);

(B) Violation of the MCL for nitrate, nitrite, or total nitrate and nitrite, as defined in section 11-20-3, or when the water system fails to take a confirmation sample within 24 hours of the system's receipt of the first sample showing an exceedance of the nitrate or nitrite MCL, as specified in section 11-20-11(f)(2);

(C) Exceedance of the nitrate MCL by non-community water systems, where permitted to exceed the MCL by the State under section 11-20-3(c) as required under subsection (i);

(D) Violation of the MRDL for chlorine dioxide, as defined in section 11-20-7.5(a), when one or more samples taken in the distribution system the day following an exceedance of the MRDL at the entrance of the distribution system exceed the MRDL, or when the water system does not take the required samples in the distribution system, as specified in section 11-20-45.1(c)(3)(B)(i);

(E) Violation of the turbidity MCL under section 11-20-5(b)(2), where the state determines after consultation that a Tier 1 notice is required or where consultation does not take place within 24 hours after the system learns of the violation;

(F) Violation of the Surface Water Treatment Rule (SWTR), Interim Enhanced Surface Water Treatment rule (IESWTR), or Long Term 1 Enhanced Surface Water Treatment Rule (LT1ESWTR) treatment technique requirement resulting from a single exceedance of the maximum allowable turbidity limit (as identified in Appendix G, where the State determines after consultation that a Tier 1 notice is required or where consultation does not take place within 24 hours after the system learns of the violation;

(G) Occurrence of a waterborne disease outbreak, as defined in section 11-20-2, or other waterborne emergency (such as a failure or significant interruption in key water treatment processes, a natural disaster that disrupts the water supply or distribution system, or a chemical spill or unexpected loading of possible pathogens into the source water that significantly increases the potential for drinking water contamination);

(H) Detection of E. coli in source water samples as specified in sections 11-20-50(c)(1) and 11-20-50-(c)(2); and

(I) Other violations or situations with significant potential to have serious adverse effects on human health as a result of short-term exposure, as determined by the State either in its regulations or on a case-by-case basis.

(2) Public water systems must issue Tier 1 public notices at the following times and under the following conditions:

(A) Provide a public notice as soon as practical but no later than 24 hours after the system learns of the violation;

(B) Initiate consultation with the state as soon as practical, but no later than 24 hours after the public water system learns of the violation or situation, to determine additional public notice requirements; and

(C) Comply with any additional public notification requirements (including any repeat notices or direction on the duration of the posted notices) that are established as a result of the consultation with the State. Such requirements may include the timing, form, manner, frequency, and content of repeat notices (if any) and other actions designed to reach all persons served.

(3) Public water systems must provide Tier 1 public notices within 24 hours in a manner designed to reach all persons served including: residential, transient, and non-transient users employing one or more of the following forms of delivery:

(A) Appropriate broadcast media (such as radio and television);

(B) Posting of the notice in conspicuous locations throughout the area served by the water system;

(C) Hand delivery of the notice to persons served by the water system; or

(D) Another delivery method approved or ordered in writing by the State.

(c) Tier 2 Public Notice - form, manner, and frequency of notice.

(1) Tier 2 public notices are required for the following violations or situations:

(A) All violations of the MCL, MRDL, and treatment technique requirements, except where a Tier 1 notice is required under subsection (b)(1) or where the State determines that a Tier 1 notice is required;

(B) Violations of the monitoring and testing procedure requirements, where the State determines that a Tier 2 rather than a Tier 3 public notice is required, taking into account potential health impacts and persistence of the violation;

(C) Failure to comply with the terms and conditions of any variance or exemption in place; and

(D) Failure to take corrective action or failure to maintain at least 4-log treatment of viruses (using inactivation, removal, or a state-approved combination of 4-log virus inactivation and removal) before or at the first customer under section 11-20-50(d)(1).

(2) Public water systems must issue Tier 2 public notices at the following times and under the following conditions:

(A) Public water systems must provide the public notice as soon as practical, but no later than thirty days after the system learns of the violation. If the public notice is posted, the notice must remain in place for as long as the violation or situation persists, but in no case for less than seven days, even if the violation or situation is resolved. The State may, in appropriate circumstances, allow additional time for the initial notice of up to three months from the date the system learns of the violation. It is not appropriate for the State to grant an extension to the 30-day deadline for any unresolved violation or to allow across-the-board extensions by rule or policy for other violations or situations requiring a Tier 2 public notice. Extensions granted by the State must be in writing;

(B) The public water system must repeat the notice every three months as long as the violation or situation persists, unless the State determines that appropriate circumstances warrant a different repeat notice frequency. In no circumstances may the repeat notice be given less frequently than once per year. It is not appropriate for the State to allow less frequent repeat notice for an MCL violation under sections 11-20-6 or 11-20-9.1 or a treatment technique violation under sections 11-20-46 or 11-20-46.1. It is also not appropriate for the State to allow through its rules or policies across-the-board reductions in the repeat notice frequency for other ongoing violations required a Tier 2 repeat notice. State determinations allowing repeat notices to be given less frequently than once every three months must be in writing;

(C) For the turbidity violations specified in this section, public water systems must consult with the state as soon as practical but no later than 24 hours after the public water system learns of the violation, to determine whether a Tier 1 public notice under subsection (b)(1) is required to protect public health. When consultation does not take place within the 24-hour period, the water system must distribute a Tier 1 notice of the violation within the next 24 hours (i.e., no later than forty-eight hours after the system learns of the violation), following the requirements under subsections (b)(2) and (b)(3). Consultation with the State is required for:

(i) Violation of the turbidity MCL under section 11-20-5; or

(ii) Violation of the SWTR, IESWTR, or LT1ESWTR treatment technique requirement resulting from a single exceedance of the maximum allowable turbidity limit;

(3) Public water systems must provide Tier 2 public notices in a manner designed to reach residential, transient, and non-transient users in the required time period, employing one or more of the following forms of delivery:

(A) Unless directed otherwise by the State in writing, community water systems must provide 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). 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 their drinking water to others (e.g., apartment building owners or large private employers); posting in public places served by the system or on the Internet; or delivery to community organizations;

(B) Unless directed otherwise by the State in writing, non-community water systems must provide 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 required in clause (i). 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: Publications in a local newspaper or newsletter distributed to customers; use of E-mail to notify employees or students; or, delivery of multiple copies in central locations (e.g., community centers).

(d) Tier 3 Public Notice - form, manner, and frequency of notice.

(1) Tier 3 public notices are required for the following violations or situations:

(A) Monitoring violations of this chapter except where a Tier 1 notice is required under subsection (b)(1) or where the State determines that a Tier 2 notice is required;

(B) Failure to comply with a testing procedure established in this chapter, except where a Tier 1 notice is required under subsection (b)(1) or where the State determines that a Tier 2 notice is required;

(C) Operation under a variance granted under section 11-20-20 or an exemption granted under section 11-20-23;

(D) Availability of unregulated contaminant monitoring results, as required under subsection (g);

(E) Exceedance of the fluoride secondary maximum contaminant level (SMCL), as required under subsection (h); and

(F) Reporting and recordkeeping violations under section 11-20-9.1.

(2) Public water systems must issue Tier 3 public notices at the following times and under the following conditions:

(A) Public water systems must provide the Tier 3 public notice not 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 must repeat the notice annually for as long as the violation, variance, exemption, or other situation persists. If the public notice is posted, the notice must 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);

(B) Instead of individual Tier 3 public notices, a public water system may use an annual report detailing all violations and situations that occurred during the previous twelve months, as long as the timing requirements of subparagraph (A) are met.

(3) Public water systems must provide the initial Tier 3 notice and any repeat notices in a form and manner that is reasonably calculated to reach persons served in the required time period. The form and manner of the Tier 3 public notice must, at a minimum meet the following requirements:

(A) Unless directed otherwise by the State in writing, community water systems must provide 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). 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 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;

(B) Unless directed otherwise by the State in writing, non-community water systems must provide 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 required in clause (i). Such persons may include those who may not see a posted notice because the 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; or delivery of multiple copies in central locations (e.g., community centers).

(4) For community water systems, the Consumer Confidence Report (CCR) required under section 11-20-48.5 may be used as a vehicle for the initial Tier 3 public notice and all required repeat notices, as long as:

(A) The CCR is provided to persons served no later than 12 months after the system learns of the violation or situation as required under paragraph (2);

(B) The Tier 3 notice contained in the CCR follows the content requirements under subsection (e); and

(C) The CCR is distributed following the delivery requirements under paragraph (3).

(e) Content of public notice.

(1) Each public notice of a violation of a NPDWR or other situation requiring public notice, must include the following elements:

(A) A description of the violation or situation, including the contaminants(s) of concern, and as applicable, the contaminant levels(s);

(B) When the violation or situation occurred:

(C) Any potential adverse health effects from the violation or situation, including the standard language under paragraphs (4)(A) or (4)(B) whichever is applicable;

(D) The population at risk, including subpopulations particularly vulnerable if exposed to the contaminant in their drinking water;

(E) Whether alternative water supplies should be used;

(F) What actions consumers should take, including when they should seek medical help, if known;

(G) What the system is doing to correct the violation or situation;

(H) When the water system expects to return to compliance or resolve the situation;

(I) The name, business address, and phone number of the water system owner, operator, or designee of the public water system as a source of additional information concerning the notice; and

(J) A statement to encourage the notice recipient to distribute the public notice to other persons served, using the standard language under paragraph (4)(C), where applicable.

(2) Public notices for variances and exemptions.

(A) Each public notice of a new variance or exemption must contain:

(i) An explanation of the reasons for the variance or exemption;

(ii) The date on which the variance or exemption was issued;

(iii) A brief status report on the steps the system is taking to install treatment, find alternative sources of water or otherwise comply with the terms and schedules of the variance or exemption; and

(iv) A notice of any opportunity for public input in the review of the variance or exemption.

(B) If a public water system violates the conditions of a variance or exemption, the public notice must contain the ten elements listed in paragraph (1).

(3) Public notice presentation.

(A) Each public notice required by this section:

(i) Must be displayed in a conspicuous way when printed or posted;

(ii) Must not contain overly technical language or very small print;

(iii) Must not be formatted in a way that defeats the purpose of the notice;

(iv) Must not contain language which nullifies the purpose of the notice.

(B) Each public notice required by this section must comply with multilingual requirements as follows:

(i) For public water systems serving a large proportion of non-English speaking consumers, as determined by the State, the public notice must contain information in the appropriate language(s) regarding the importance of the notice or contain a telephone number or address where persons served may contact the water system to obtain a translated copy of the notice or to request assistance in the appropriate language;

(ii) In cases where the State has not determined what constitutes a large proportion of non-English speaking consumers, the public water system must include in the public notice the same information as in clause (i), where appropriate to reach a large proportion of non-English speaking persons served by the water system.

(4) Public water systems are required to include the following standard language in their public notice:

(A) Standard health effects language for MCL or MRDL violations, treatment technique violations, and violations of the condition of a variance or exemption. Public water systems must include in each public notice the health effects language specified in Appendix A entitled 'Standard Health Effects Language For Public Notification", dated February 13, 2013, located at the end of this chapter and made a part of this section, corresponding to each MCL, MRDL, and treatment technique violation listed in Appendix G, and for each violation of a condition of a variance or exemption;

(B) Standard language for monitoring and testing procedure violations. Public water systems must include the following language in their notice, including the language necessary to fill in the blanks, for all monitoring and testing procedure violations listed in Appendix G: "We are required to monitor your drinking water for specific contaminants on a regular basis. Results of regular monitoring are an indicator of whether or not your drinking water meets health standards. During [compliance period], we "did not monitor or test" or "did not complete all monitoring or testing" for [contaminant(s) ], and therefore cannot be sure of the quality of your drinking water during that time."

(C) Standard language to encourage the distribution of the public notice to all persons served. Public water systems must include in their notice the following language (where applicable):

"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."

(f) Notice of new billing units or new customers.

(1) Community water systems must give a copy of the most recent public notice for any continuing violation, the existence of a variance or exemption, or other ongoing situations requiring a public notice to all new billing units or new customers prior to or at the time service begins.

(2) Non-community water systems 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.

(g) Special notice of the availability of unregulated contaminant monitoring results.

(1) The owner or operator of a community water system or non-transient, non-community water system required to monitor under 40 C.F.R. section 141.40 must notify persons served by the system of the availability of the results of such sampling no later than 12 months after the monitoring results are known.

(2) The form and manner of the public notice must follow the requirements for a Tier 3 public notice prescribed in subsections (d)(3), (d)(4)(A), and (d)(4)(C). The notice must also identify a person and provide the telephone number to contact for information on the monitoring results.

(h) Special notice for exceedance of the SMCL for fluoride.

(1) Community water systems that exceed the fluoride secondary maximum contaminant level (SMCL) of 2 mg/l as specified in 40 C.F.R. section 143.3 (determined by the last single sample taken in accordance with section 11-20-11), but do not exceed the maximum contaminant level (MCL) of 4 mg/l for fluoride (as specified in section 11-20-3), must provide the public notice in paragraph (3) to persons served. Public notice must be provided as soon as practical but no later than 12 months from the day the water system learns of the exceedance. A copy of the notice must also be sent to all new billing units and new customers at the time service begins and to the director. The public water system must repeat the notice at least annually for as long as the SMCL is exceeded. If the public notice is posted, the notice must remain in place for as long as the SMCL is exceeded, but in no case less than seven days (even if the exceedance is eliminated). On a case-by-case basis, the state may require an initial notice sooner than 12 months and repeat notices more frequently than annually.

(2) The form and manner of the public notice (including repeat notices) must follow the requirements for a Tier 3 public notice in subsections (d)(3), (d)(4)(A), and (d)(4)(C).

(3) The notice must contain the following language, including the language necessary to fill in the blanks:

"This is an alert about your drinking water and a cosmetic dental problem that might affect children under nine years of age. At low levels, fluoride can help prevent cavities, but children drinking water containing more than 2 milligrams per liter (mg/l) of fluoride may develop cosmetic discoloration of their permanent teeth (dental fluorosis). The drinking water provided by your community water system [name] has a fluoride concentration of [insert value] mg/l.

Dental fluorosis, in its moderate or severe forms, may result in a brown staining and/or pitting of the permanent teeth. This problem occurs only in developing teeth, before they erupt from the gums. Children under nine should be provided with alternative sources of drinking water or water that has been treated to remove the fluoride to avoid the possibility of staining and pitting of their permanent teeth. You may also want to contact your dentist about proper use by young children of fluoride containing products. Older children and adults may safely drink the water.

Drinking water containing more than 4 mg/L of fluoride (the U.S. Environmental Protection Agency's drinking water standard) can increase your risk of developing bone disease. Your drinking water does not contain more than 4 mg/l of fluoride, but we're required to notify you when we discover the fluoride levels in your drinking water exceed 2 mg/l because of this cosmetic dental problem.

For more information, please call [name of water system contact] of [name of community water system] at [phone number]. Some home water treatment units are also available to remove fluoride from drinking water. To learn more about available home water treatment units, you may call NSF International at 1-877-8-NSF-HELP."

(i) Special notice for nitrate exceedance above MCL by non-community water systems (NCWS), where granted permission by the state under section 11-20-3(c).

(1) The owner or operator of a non-community water system granted permission by the State under section 11-20-3(c) to exceed the nitrate MCL must provide notice to persons served according to the requirements for a Tier 1 notice under subsections (b)(1) and (b)(2);

(2) Non-community water systems granted permission by the state to exceed the nitrate MCL under section 11-20-3(c) must provide continuous posting of the fact that nitrate levels exceed 10 mg/l and the potential health effects of exposure, according to the requirements for Tier 1 notice delivery under subsection (b)(3) and the content requirements under subsection (e).

(j) Notice by State on behalf of the public water system.

(1) The State may give the notice required by the section on behalf of the owner and operator of the public water system if the State complies with the requirements of this section;

(2) The owner or operator of the public water system remains responsible for ensuring that the requirements of this section are met.

(k) Notice for repeated failure to conduct monitoring of the source water for Cryptosporidium and for failure to determine bin classification or mean Cryptosporidium level.

(1) The owner or operator of a community or non-community water system that is required to monitor source water under subsection 11-20-46.2(b) must notify persons served by the water system that monitoring has not been completed as specified no later than 30 days after the system has failed to collect any 3 months of monitoring as specified in section 11-20-46.2(b)(3). The notice must be repeated as specified in subsection (c)(2)(B).

(2) The owner or operator of a community or non-community water system that is required to determine a bin classification under section 11-20-46.2(k), or to determine mean Cryptosporidium level under section 11-20-46.2(m), must notify persons served by the water system that the determination has not been made as required no later than 30 days after the system has failed report the determination as specified in section 11-20-46.2(k)(5) or (m)(1), respectively. The notice must be repeated as specified in subsection (c)(2)(B). The notice is not required if the system is complying with a state-approved schedule to address the violation.

(3) The form and manner of the public notice must follow the requirements for a Tier 2 public notice prescribed in subsection(c)(3). The public notice must be presented as required in subsection (e)(3).

(4) The notice must contain the following language, including the language necessary to fill in the blanks.

(A) The special notice for repeated failure to conduct monitoring must contain the following language: "We are required to monitor the source of your drinking water for Cryptosporidium. Results of the monitoring are to be used to determine whether water treatment at the (treatment plant name) is sufficient to adequately remove Cryptosporidium from your drinking water. We are required to complete this monitoring and make this determination by (required bin determination date). We "did not monitor or test" or "did not complete all monitoring or testing" on schedule and, therefore, we may not be able to determine by the required date what treatment modifications, if any, must be made to ensure adequate Cryptosporidium removal. Missing this deadline may, in turn, jeopardize our ability to have the required treatment modifications, if any, completed by the deadline required, (date). For more information, please call (name of water system contact) of (name of water system) at (phone number)."

(B) The special notice for failure to determine bin classification or mean Cryptosporidium level must contain the following language: "We are required to monitor the source of your drinking water for Cryptosporidium in order to determine by (date) whether water treatment at the (treatment plant name) is sufficient to adequately remove Cryptosporidium from your drinking water. We have not made this determination by the required date. Our failure to do this may jeopardize our ability to have the required treatment modifications, if any, completed by the required deadline of (date). For more information, please call (name of water system contact) of (name of water system) at (phone number)."

(C) Each special notice must also include a description of what the system is doing to correct the violation and when the system expects to return to compliance or resolve the situation.

Hawaii Administrative RulesTitle 11 - DEPARTMENT OF HEALTHSubtitle 1 - GENERAL DEPARTMENTAL PROVISIONSChapter 20 - RULES RELATING TO PUBLIC WATER SYSTEMSSection 11-20-18 - Public notice requirements

Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 20 - RULES RELATING TO PUBLIC WATER SYSTEMS
Section 11-20-18 - Public notice requirements