Current through Register Vol. 48, No. 38, September 20, 2024
a) Violations or Situations That Require a
Tier 3 Public Notice. This subsection (a) lists the violation categories and
other situations requiring a Tier 3 public notice. Appendix G identifies the
tier assignment for each specific violation or situation.
1) Monitoring violations under this Part,
except where a Tier 1 notice is required under Section
611.902(a)
or where the Agency determines by a SEP that a Tier 2 notice is
required;
2) Failure to comply with
a testing procedure established in this Part, except where a Tier 1 notice is
required under Section
611.902(a)
or where the Agency determines by a SEP that a Tier 2 notice is
required;
3) Operation under relief
equivalent to a SDWA section 1415 variance granted under Section
611.111
or relief equivalent to a SDWA section 1416 exemption granted under Section
611.112;
4) Availability of unregulated contaminant
monitoring results, as required under Section
611.907;
5) The notice for an exceedance of 2 mg/l
fluoride (the federal secondary MCL for fluoride (see
40 CFR
143.3)), as required under Section
611.908;
and
BOARD NOTE: See the Board Note appended to Section
611.908
for explanation.
6)
Reporting and recordkeeping violations under Subpart AA.
b) When the Tier 3 Public Notice Is To Be
Provided
1) A PWS supplier must provide the
public notice not later than one year after the supplier learns of the
violation or situation or begins operating under relief equivalent to a SDWA
section 1415 variance or section 1416 exemption. Following the initial notice,
the supplier must repeat the notice annually for as long as the violation,
relief equivalent to a SDWA section 1415 variance or section 1416 exemption, or
other situation persists. If the public notice is posted, the notice must
remain in place for as long as the violation, relief equivalent to a SDWA
section 1415 variance or section 1416 exemption, or other situation persists,
but in no case less than seven days (even if the violation or situation is
resolved).
2) Instead of individual
Tier 3 public notices, a PWS supplier may use an annual report detailing all
violations and situations that occurred during the previous twelve months, as
long as the timing requirements of subsection (b)(1) are met.
c) The Form and Manner of the Tier
3 Public Notice. A PWS supplier must provide the initial 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 public notice
may vary based on the specific situation and type of water system, but it must
at a minimum meet the following requirements:
1) Unless directed otherwise by the Agency by
a SEP in writing, a CWS supplier must provide notice by the following:
A) Mail or other direct delivery to each
customer receiving a bill and to other service connections to which water is
delivered by the supplier; and
B)
Any other method reasonably calculated to reach other persons regularly served
by the supplier, if they would not normally be reached by the notice required
in subsection (c)(1)(A). 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 the following: 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.
2) Unless directed otherwise by the Agency by
a SEP in writing, a non-CWS supplier must provide notice by the following:
A) Posting the notice in conspicuous
locations throughout the distribution system frequented by persons served by
the supplier, or by mail or direct delivery to each customer and service
connection (where known); and
B)
Any other method reasonably calculated to reach other persons served by the
supplier, if they would not normally be reached by the notice required in
subsection (c)(2)(A). 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 the following: 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).
d)
When the Consumer Confidence Report May Be Used to Meet the Tier 3 Public
Notice Requirements. For a CWS supplier, the Consumer Confidence Report (CCR)
required under Subpart U may be used as a vehicle for the initial Tier 3 public
notice and all required repeat notices, as long as the following is true:
1) The CCR is provided to persons served no
later than 12 months after the supplier learns of the violation or situation as
required under Section 611.904(b);
2) The Tier 3 notice contained in the CCR
follows the content requirements under Section
611.905;
and
3) The CCR is distributed
following the delivery requirements under Section
611.904(c).
BOARD NOTE: Derived from
40 CFR
141.204.
