Current through Register Vol. 55, No. 13, March 29, 2025
(a)
General public notification requirements. A bottled water
supplier shall give public notification in accordance with this section. A bulk
water hauler, vended water supplier or retail water supplier shall give public
notification in accordance with Subchapter D (relating to public notification).
For the purpose of establishing a bulk hauling, vended or retail water
supplier's responsibilities under Subchapter D, a bulk water supplier shall
comply with the public notification requirements specified for a community
water system and a vended or retail water supplier shall comply with the public
notification requirements specified for a noncommunity water system.
(1) A bottled water supplier who knows that a
primary MCL or an MRDL has been exceeded or treatment technique performance
standard has been violated or has reason to believe that circumstances exist
which may adversely affect the quality of drinking water, including, but not
limited to, source contamination, spills, accidents, natural disasters or
breakdowns in treatment, shall report the circumstances to the Department
within 1 hour of discovery of the problem.
(2) If the Department determines, based upon
information provided by the bottled water supplier or other information
available to the Department, that the circumstances present an imminent hazard
to the public health, the water supplier shall issue a water supply warning
approved by the Department and, if applicable, initiate a program for product
recall approved by the Department under this subsection. The water supplier
shall be responsible for disseminating the notice in a manner designed to
inform users who may be affected by the problem.
(i) Within 4 hours of the Department's
determination that an imminent hazard is present, the water supplier shall
provide the notice to newspapers, radio and television media serving the
affected public, or directly notify affected users in a manner approved by the
Department. The water supplier shall also notify key public officials as
designated in the system's emergency response plan.
(ii) If the notice provided under
subparagraph (i) does not ensure that the affected public is adequately
notified, the Department may require the water supplier to further disseminate
the notice in an appropriate manner which may include direct mailings,
publication in newspapers or other paid advertising, or postings.
(iii) A water supply warning shall be
followed by further notices designed to inform the public on a continuing basis
as to the expected duration of the hazard, progress towards solving the
problem, and measures that should be taken by users to reduce their risk. These
notices shall be given at intervals and in a manner directed by the Department
as long as the threat to public health continues.
(iv) The water supply warning shall continue
until the Department is satisfied that no significant threat to the public
health remains and approves a notice canceling the warning. The water supplier
is responsible for disseminating the cancellation of the water supply warning
in a manner similar to the issuance of the warning.
(b)
Description and
content of notice. Notice given under this section shall be written
in a manner reasonably designed to fully inform the users of the system. When
appropriate or as designated by the Department, additional notice in a foreign
language shall be given.
(1) The notice shall
be conspicuous and may not use technical language, small print or other methods
which would frustrate the purpose of the notice.
(2) The notice shall disclose material facts
regarding the subject, including the nature of the problem and, when
appropriate, a clear statement that an MCL or MRDL has been violated and
preventive measures that should be taken by the public.
(3) Notices shall include a balanced
explanation of the significance or seriousness to the public health of the
subject of the notice including potential adverse health effects, the
population at risk, a clear explanation of steps taken by the supplier to
correct the problem, necessity for seeking alternative supplies, guidance on
safeguards and alternatives available to users, and the results of additional
sampling. In addition, bottled water system and retail water facility notices
shall describe a program for product recall, if applicable.
(4) The notice shall include the telephone
number of the owner, operator or designee of the public water system as a
source of additional information concerning the notice.
(5) In all notices, when providing the
information on potential adverse health effects required by subsection (b)(3),
the water supplier shall include language established by the EPA for the
contaminant specified in 40 CFR Part 141, Subpart Q, Appendix B (relating to
mandatory health effects language) and incorporated by reference, or language
established by the Department by regulations or order. The health effects
language for fluoride is not incorporated by reference. A public water system
shall include the health effects language specified in §
109.411(d)(1)
(relating to content of a public notice) in each public notice required for
violation of the primary MCL of 2 mg/L for fluoride.
(c)
Notice by the
Department. If a water supplier fails to give notice to the public as
required by this section, the Department may perform this notification on
behalf of the supplier of water and may assess costs of notification on the
responsible water supplier. Issuance of public notice by the Department under
the section does not divest a public water supplier of legal responsibility for
issuance of public notification otherwise required by the subchapter.
(d)
CCR requirements. A bulk
water supplier that is determined by the Department to serve at least 25 of the
same persons year-round shall prepare and deliver a CCR to each bill-paying
customer in accordance with §
109.416 (relating to CCR
requirements).
The provisions of this § 109.1004 amended under section 4
of the Pennsylvania Safe Drinking Water Act (35 P.S. §
721.4); and section 1920-A of The
Administrative Code of 1929 (71 P.S. §
510-20).
This section cited in 25 Pa. Code §
109.1003 (relating to monitoring
requirements); 25 Pa. Code §
109.1008 (relating to system
management responsibilities).
