Current through Register Vol. 48, No. 38, September 20, 2024
a) Violations or Situations That Require a
Tier 1 Public Notice. This subsection (a) lists the violation categories and
other situations requiring a Tier 1 public notice. Appendix G identifies the
tier assignment for each specific violation or situation. The violation
categories include:
1) Violation of the MCL
for E. coli (as specified in Section
611.325(c)).
2) Violation of the MCL for nitrate, nitrite,
or total nitrate and nitrite, as defined in Section
611.301, or when the water
supplier fails to take a confirmation sample within 24 hours after the
supplier's receipt of the results from the first sample showing an exceedance
of the nitrate or nitrite MCL, as specified in Section
611.606(b).
3) Exceedance of the nitrate MCL by a non-CWS
supplier, if permitted to exceed the MCL by the Agency under Section
611.300(d), as
required under Section
611.909.
4) Violation of the MRDL for chlorine
dioxide, as defined in Section
611.313(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 supplier does not take the required samples in the
distribution system, as specified in Section
611.383(c)(2)(A).
5) This subsection (a)(5) refers to a
violation of the former turbidity standard of Section
611.320, which the Board
repealed because it applied to no suppliers in Illinois. This statement
maintains structural consistency with the federal regulations.
6) 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), if the Agency determines after
consultation that a Tier 1 public notice is required or if consultation does
not take place within 24 hours after the supplier learns of the
violation.
7) Occurrence of a
waterborne disease outbreak, as defined in Section
611.101, 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).
8) Detection of E.
coli, enterococci, or coliphage in source water samples, as specified in
Section 611.802(a) and
(b).
9) 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 Agency in a SEP.
10) Exceeding the lead action level, as
Section 141.80(c)
specifies.
b) When the
Tier 1 Public Notice Is to Be Provided. Additional Steps Required. A PWS
supplier must do the following:
1) It must
provide a public notice as soon as practical but no later than 24 hours after
the supplier learns of the violation;
2) It must initiate consultation with the
Agency as soon as practical, but no later than 24 hours after the PWS supplier
learns of the violation or situation, to determine additional public notice
requirements; and
3) It must 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 Agency. 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.
c) The Form and Manner of the
Public Notice. A PWS supplier must provide the notice within 24 hours in a form
and manner reasonably calculated to reach all persons served. The form and
manner used by the PWS supplier are to fit the specific situation, but must be
designed to reach residential, transient, and non-transient users of the water
system. In order to reach all persons served, a water supplier is to use, at a
minimum, one or more of the following forms of delivery:
1) Appropriate broadcast media (such as radio
and television);
2) Posting of the
notice in conspicuous locations throughout the area served by the water
supplier;
3) Hand delivery of the
notice to persons served by the water supplier; or
4) Another delivery method approved in
writing by the Agency in a SEP.
BOARD NOTE: This Section derives from
40 CFR
141.202.
