Current through Register Vol. 48, No. 38, September 20, 2024
The requirements of this Subpart V replace former notice
requirements.
a) Who Must Give Public
Notice. Each owner or operator of a PWS (a CWS, an NTNCWS, or a transient
non-CWS) must give notice for all violations of an NPDWR and for other
situations, as listed in this subsection (a). The term "NPDWR violation" is
used in this Subpart V to include violations of an MCL, an MRDL, a treatment
technique, monitoring requirements, or a testing procedure set forth in this
Part. Appendix G identifies the tier assignment for each specific violation or
situation requiring a public notice.
1) NPDWR
Violations
A) A failure to comply with an
applicable MCL or MRDL.
B) A
failure to comply with a prescribed treatment technique.
C) A failure to perform water quality
monitoring, as required by this Part.
D) A failure to comply with testing
procedures as prescribed by this Part.
2) Relief Equivalent to a Variance and
Exemptions under Sections 1415 and 1416 of SDWA.
A) Operation under relief equivalent to a
SDWA section 1415 variance, under Section
611.111, or a SDWA section 1416
exemption, under Section
611.112.
B) A failure to comply with the requirements
of any schedule that has been set under relief equivalent to a SDWA section
1415 variance, under Section 611.111, or a SDWA section 1415 exemption, under
Section 611.112.
3)
Special Public Notices
A) The occurrence of a
waterborne disease outbreak or other waterborne emergency.
B) An exceedance of the nitrate MCL by a
non-CWS, if granted permission by the Agency under Section
611.300(d).
C) The notice required by Section
611.908 for an exceedance of 2
mg/L fluoride (the federal secondary MCL for fluoride (see
40 CFR
143.3)).
BOARD NOTE: See the Board Note appended to Section
611.908 for explanation.
D) The availability of unregulated
contaminant monitoring data collected as required by USEPA under
40 CFR
141.40.
E) Other violations and situations determined
by the Agency in a SEP to require a public notice under this Subpart V, not
already listed in Appendix G.
F)
Exceeding the lead action level.
b) The Type of Public Notice Required for
Each Violation or Situation. The public notice requirements of this Subpart V
are divided into three tiers, to take into account the seriousness of the
violation or situation and of any potential adverse health effects that may be
involved. The public notice requirements for each violation or situation listed
in subsection (a) are determined by the tier to which it is assigned. This
subsection (b) provides the definition of each tier. Appendix G identifies the
tier assignment for each specific violation or situation.
1) 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.
2) Tier 2 public notice: required for all
other NPDWR violations and situations with potential to have serious adverse
effects on human health.
3) Tier 3
public notice: required for all other NPDWR violations and situations not
included in Tier 1 and Tier 2.
c) Who Must Receive Notice
1) Each PWS supplier must provide public
notice to persons served by the water supplier under this Subpart V. A PWS
supplier that sells or otherwise provides drinking water to another PWS
supplier (i.e., to a consecutive system) is required to give public notice to
the owner or operator of the consecutive system; the consecutive system
supplier is responsible for providing public notice to the persons it
serves.
2) If a PWS supplier has a
violation in a portion of the distribution system that is physically or
hydraulically isolated from other parts of the distribution system, the Agency
may allow the system to limit distribution of the public notice to only persons
served by that portion of the system that is out of compliance. The Agency must
issue a SEP when allowing the supplier to limit distributing notice.
3) The supplier must also submit a copy of
the notice to the Agency and the Administrator (for exceeding the lead action
level) under Section 611.840(d).
BOARD NOTE: This Section derives from
40 CFR
141.201.
