005.01 Violations
or Situations Requiring a Tier 2 Public Notice
Table 4 lists the violation categories and other situations
requiring a Tier 2 public notice. Appendix A to 179 NAC 4 identifies the tier
assignment for each specific violation or situation.
TABLE 4 - VIOLATION CATEGORIES AND OTHER
SITUATIONS REQUIRING A TIER 2 PUBLIC NOTICE
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1.
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All violations of the MCL, MRDL, and treatment
technique requirements, except where a Tier 1 notice is required under 179 NAC
4-004 or where the Director determines
that a Tier 1 notice is required;
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2.
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Violations of the monitoring and testing procedure
requirements, where the Director 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;
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3.
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Failure to comply with the terms and conditions of
any variance or exemption in place; and
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4.
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Failure to take corrective action or failure to
maintain at least 4-log treatment of viruses (using inactivation, removal, or a
Department-approved combination of 4-log virus inactivation and removal) before
or at the first customer under 179 NAC 8-006.01.
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005.02 When Tier 2 Public Notice Is To Be
Provided
1. Public water systems must provide
the public notice as soon as practical, but no later than 30 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 Director 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 Director 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 Director must be in
writing.
2. The public water system
must repeat the notice every three months as long as the violation or situation
persists, unless the Director determines that appropriate circumstances warrant
a different repeat notice frequency. In no circumstance may the repeat notice
be given less frequently than once per year. It is not appropriate for the
Director to allow less frequent repeat notice for an MCL or treatment technique
violation under the Total Coliform Rule or 179 NAC 26 or a treatment technique
violation under the Surface Water Treatment Rule or Interim Enhanced Surface
Water Treatment Rule. It is also not appropriate for the Director to allow
through his/her rules or policies across-the-board reductions in the repeat
notice frequency for other ongoing violations requiring a Tier 2 repeat notice.
Director determinations allowing repeat notices to be given less frequently
than once every three months must be in writing.
3. For the turbidity violations specified in
179 NAC 4-005.02 item 3, public water systems must consult with the Director 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 179
NAC 4-004.01 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 48 hours
after the system learns of the violation), following the requirements under 179
NAC 4-004.02 and 4-004.03. Consultation with the Director is required for a
violation of the SWTR (179 NAC 13), IESWTR (179 NAC 17) or LT1ESWTR (179 NAC
19) treatment technique requirement resulting from a single exceedance of the
maximum allowable turbidity limit.
005.03 The Form and Manner of the Tier 2
Public Notice
Public water systems must provide the initial public 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 situations and type of water
system, but it must at a minimum meet the following requirements:
1. Unless directed otherwise by the Director
in writing, community water systems must provide notice by:
a. 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
b. 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 179 NAC 4-005.03 item 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:
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.
2. Unless
directed otherwise by the Director in writing, non-community water systems must
provide notice by:
a. 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
b. 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 179 NAC 4-005.03 item 2.a. 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: 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).
