South Carolina Code of Regulations
Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Subchapter 61-58.6 - Reports, Record Retention and Public Notification
Section 61-58.6.E - Public Notification of Drinking Water Violations
Universal Citation: SC Code Regs 61-58.6.E
Current through Register Vol. 48, No. 9, September 27, 2024
(1) General public notification requirements:
(a) Who must give public notice? Each owner
or operator of a public water system (community water systems, non-transient
non-community water systems, and transient non community water systems) must
give notice for all violations of State Primary Drinking Water Regulations
(SPDWR) and for other situations, as listed in Table 1. The term "SPDWR
violations'' is used in this regulation to include violations of the maximum
contaminant level (MCL), maximum residual disinfection level (MRDL), treatment
technique (TT), monitoring requirements, and testing procedures in this
regulation. Appendix A to this regulation identifies the tier assignment for
each specific violation or situation requiring a public notice.
TABLE 1: VIOLATION CATEGORIES AND OTHER SITUATIONS REQUIRING A PUBLIC NOTICE
(1)
SPDWR violations:
(i) Failure to comply with
an applicable maximum contaminant level(MCL) or maximum residual disinfectant
level (MRDL).
(ii) Failure to
comply with a prescribed treatment technique (TT).
(iii) Failure to perform water quality
monitoring, as required by the drinking water regulations.
(iv) Failure to comply with testing
procedures as prescribed by a drinking water regulation.
(2) Variance and exemptions under R.61-58.9:
(i) Operation under a variance or an
exemption.
(ii) Failure to comply
with the requirements of any schedule that has been set under a variance or
exemption.
(3) Special
public notices:
(i) Occurrence of a waterborne
disease outbreak or other waterborne emergency.
(ii) Exceedance of the nitrate MCL by
non-community water systems (NCWS), where granted permission by the Department
under R.61-58.5.B(3).
(iii) Exceedance of the secondary maximum
contaminant level (SMCL) for fluoride.
(iv) Availability of unregulated contaminant
monitoring data.
(v) Other
violations and situations determined by the Department to require a public
notice under this regulation, not already listed in Appendix A to this
regulation.
(vi) Exceedance of the
lead action level.
(b) What type of public notice is required
for each violation or situation? Public notice requirements are divided into
three (3) 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 Table 1 of
this section are determined by the tier to which it is assigned. Table 2 of
this section provides the definition of each tier. Appendix A to this
regulation identifies the tier assignment for each specific violation or
situation.
TABLE 2: DEFINITION OF PUBLIC NOTICE TIERS
(1) Tier 1 public notice - required for SPDWR
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 SPDWR violations and situations with potential to have serious adverse
effects on human health.
(3) Tier 3
public notice - required for all other SPDWR violations and situations not
included in Tier 1 and Tier 2.
(c)
Who must be notified?
(i) Each public water system must provide
public notice to persons served by the water system, in accordance with this
regulation. Public water systems that sell or otherwise provide drinking water
to other public water systems (i.e., to consecutive systems) are required to
give public notice to the owner or operator of the consecutive system; the
consecutive system is responsible for providing public notice to the persons it
serves.
(ii) If a public water
system has a violation in a portion of the distribution system that is
physically or hydraulically isolated from other parts of the distribution
system, the Department may allow the system to limit distribution of the public
notice to only persons served by that portion of the system which is out of
compliance. Permission by the Department for limiting distribution of the
notice must be granted in writing.
(iii) A copy of the notice must also be sent
to the Department and the Administrator (as applicable) in accordance with the
requirements of R.61-58.6.B(5).
(2) Tier 1 Public Notice: Form, Manner, and Frequency of Notice
(a)
Which violations or situations
require a Tier 1 public notice? Table 1 of this section lists the
violation categories and other situations requiring a Tier 1 public notice.
Appendix A to this regulation identifies the tier assignment for each specific
violation or situation.
TABLE 1: VIOLATION CATEGORIES AND OTHER SITUATIONS REQUIRING A TIER 1 PUBLIC NOTICE
(1) Violation of the MCL for total coliforms
when fecal coliform or E. coli are present in the water distribution system (as
specified in R.61-58.5.F(2)), or
when the water system fails to test for fecal coliforms or E. coli when any
repeat sample tests positive for coliform (as specified in R.61-58.5.G(5)),
violation of the MCL for E. coli (as specified in R.61-58.5.F);
(2) Violation of the MCL for nitrate,
nitrite, or total nitrate and nitrite, as defined in R.61-58.5.B, or when the water
system fails to take a confirmation sample within 24 hours of the system's
receipt of the first sample showing an exceedance of the nitrate or nitrite
MCL, as specified in R.61-58.5.C(12)(b);
(3) Exceedance of the nitrate MCL by
non-community water systems, where permitted to exceed the MCL by the
Department under R.61-58.5.B(3), as
required under paragraph (9) of this section;
(4) Violation of the MRDL for chlorine
dioxide, as defined in R.61-58.5.Q(1),
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 system does not take the required samples in the
distribution system, as specified in R.61-58.13.D(3)(b)(i);
(5) Violation of the turbidity MCL under
R.61-58.10(C), (E), (H), or
(I), where the Department determines after
consultation that a Tier 1 notice is required or where consultation does not
take place within 24 hours after the system learns of the violation;
(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 (LT1EWSTR) treatment technique
requirement resulting from a single exceedance of the maximum allowable
turbidity limit (as identified in Appendix A to this regulation), where the
Department determines after consultation that a Tier 1 notice is required or
where consultation does not take place within twenty-four (24) hours after the
system learns of the violation;
(7)
Occurrence of a waterborne disease outbreak, as defined in R.61-58(B)(174), 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 R.61-58.16.E(1) or
R.61-58.16.E(2).
(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 Department either in its regulations or on a case-by-case basis.
(10) Exceedance of the Action Level for lead
as specified in R.61-58.11.B(3).
(b)
When is the Tier 1
public notice to be provided? What additional steps are required?
Public water systems must:
(i) Provide a
public notice as soon as practical but no later than twenty-four (24) hours
after the system learns of the violation;
(ii) Initiate consultation with the
Department as soon as practical, but no later than twenty-four (24) hours after
the public water system learns of the violation or situation, to determine
additional public notice requirements; and
(iii) 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 Department. 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)
What is the form and manner of
the public notice? Public water systems must provide the notice within
twenty-four (24) hours in a form and manner reasonably calculated to reach all
persons served. The form and manner used by the public water system 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, water systems are to use, at a minimum, one or more of the following
forms of delivery:
(i) Appropriate broadcast
media (such as radio and television);
(ii) Posting of the notice in conspicuous
locations throughout the area served by the water system;
(iii) Hand delivery of the notice to persons
served by the water system; or
(iv)
Another delivery method approved in writing by the Department.
(3) Tier 2 Public Notice: Form, Manner, and Frequency of Notice.
(a) Which violations or situations require a
Tier 2 public notice? Table 1 of this section lists the violation categories
and other situations requiring a Tier 2 public notice. Appendix A to this
regulation identifies the tier assignment for each specific violation or
situation.
TABLE 1: VIOLATION CATEGORIES AND OTHER SITUATIONS REQUIRING A TIER 2 PUBLIC NOTICE
(1) All
violations of the MCL, MRDL, and treatment technique requirements, except where
a Tier 1 notice is required under paragraph (2)(a) of this section or where the
Department determines that a Tier 1 notice is required;
(2) Violations of the monitoring and testing
procedure requirements, where the Department 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;
(3) Failure to comply with the terms and
conditions of any variance or exemption in place; and
(4) 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 R.61-58.16.F(1).
(b) When is the Tier 2
public notice to be provided?
(i) Public
water systems must provide the public notice as soon as practical, but no later
than thirty (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 (7) days, even if the
violation or situation is resolved. The Department may, in appropriate
circumstances, allow additional time for the initial notice of up to three (3)
months from the date the system learns of the violation. It is not appropriate
for the Department to grant an extension to the thirty (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 Department must be in writing.
(ii) The public water system must repeat the
notice every three (3) months as long as the violation or situation persists,
unless the Department 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
Department to allow less frequent repeat notice for an MCL or treatment
technique violation under the Total Coliform Rule or the Revised Total Coliform
Rule (R.61-58.17) 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 Department to
allow through its rules or policies across-the-board reductions in the repeat
notice frequency for other ongoing violations requiring a Tier 2 repeat notice.
Department determinations allowing repeat notices to be given less frequently
than once every three (3) months must be in writing.
(iii) For the turbidity violations specified
in this paragraph, public water systems must consult with the Department as
soon as practical but no later than twenty-four (24) hours after the public
water system learns of the violation, to determine whether a Tier 1 public
notice under paragraph (2)(a) of this section is required to protect public
health. When consultation does not take place within the twenty-four (24) hour
period, the water system must distribute a Tier 1 notice of the violation
within the next twenty-four (24) hours (i.e., no later than forty-eight (48)
hours after the system learns of the violation), following the requirements
under paragraphs (b) and (c) of this section. Consultation with the Department
is required for:
(A) Violation of the
turbidity MCL under R.61-58.10(C), (E), (H), or (I)(C), (E), (H), or
(I); or
(B) Violation of the SWTR, IESWTR or LT1ESWTR
treatment technique requirement resulting from a single exceedance of the
maximum allowable turbidity limit.
(c) What is 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 situation and type of water system, but
it must at a minimum meet the following requirements:
(i) Unless directed otherwise by the
Department 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 R.61-58.6.E(3)(c)(i)(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.
(ii)
Unless directed otherwise by the Department 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 R.61-58.6.E(3)(c)(ii)(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).
(4) Tier 3 Public Notice: Form, Manner, and Frequency of Notice.
(a)
Which violations or situations
require a Tier 3 public notice? Table 1 of this section lists the
violation categories and other situations requiring a Tier 3 public notice.
Appendix A to this regulation identifies the tier assignment for each specific
violation or situation.
TABLE 1: VIOLATION CATEGORIES AND OTHER SITUATIONS REQUIRING A TIER 3 PUBLIC NOTICE
(1) Monitoring violations under
R.61-58.5, except where a Tier 1
notice is required under paragraph (2)(a) of this section or where the
Department determines that a Tier 2 notice is required;
(2) Failure to comply with a testing
procedure established in R.61-58.5, except where a Tier 1 notice is required
under paragraph (2)(a) of this section or where the Department determines that
a Tier 2 notice is required;
(3)
Operation under a variance or an exemption granted under R.61-58.9;
(4) Availability of unregulated contaminant
monitoring results, as required under R.61-58.6.E(7);
(5) Exceedance of the fluoride secondary
maximum contaminant level (SMCL), as required under R.61-58.6.E(8);
and
(6) Reporting and Recordkeeping
violations under R.61-58.17.
(b) When is the Tier 3 public notice to be
provided?
(i) Public water systems must
provide the public notice not later than one (1) year after the public water
system learns of the violation or situation or begins operating under a
variance or exemption. Following the initial notice, the public water system
must repeat the notice annually for as long as the violation, variance,
exemption, or other situation persists. If the public notice is posted, the
notice must remain in place for as long as the violation, variance, exemption,
or other situation persists, but in no case less than seven (7) days (even if
the violation or situation is resolved).
(ii) Instead of individual Tier 3 public
notices, a public water system may use an annual report detailing all
violations and situations that occurred during the previous twelve months, as
long as the timing requirements of paragraph (b)(i) of this section are
met.
(c) What is the
form and manner of the Tier 3 public notice? Public water systems 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:
(i) Unless directed otherwise
by the Department 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 paragraph (c)(i)(A) of this section. 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
or on the Internet; or delivery to community organizations.
(ii) Unless directed otherwise by
the Department 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
paragraph (c)(ii)(A) of this section. 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: 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)
In what situations may the Consumer Confidence Report be used to meet the Tier
3 public notice requirements? For community water systems, the Consumer
Confidence Report (CCR) required under R.61-58.12 of this regulation
may be used as a vehicle for the initial Tier 3 public notice and all required
repeat notices, as long as:
(i) The CCR is
provided to persons served no later than twelve (12) months after the system
learns of the violation or situation as required under paragraph (4)(b) of this
section;
(ii) The Tier 3 notice
contained in the CCR follows the content requirements under paragraph (5) of
this section; and
(iii) The CCR is
distributed following the delivery requirements under paragraph (4)(c) of this
section.
(5) Content of the Public Notice.
(a) What
elements must be included in the public notice for violations of State Primary
Drinking Water Regulations (SPDWR) or other situations requiring a public
notice? When a public water system violates a SPDWR or has a situation
requiring public notification, each public notice must include the following
elements:
(i) A description of the violation
or situation, including the contaminant(s) of concern, and (as applicable) the
contaminant level(s);
(ii) When the
violation or situation occurred;
(iii) Any potential adverse health effects
from the violation or situation, including the standard language under
paragraphs (d)(i) or (d)(ii) of this section, whichever is
applicable;
(iv) The population at
risk, including subpopulations particularly vulnerable if exposed to the
contaminant in their drinking water;
(v) Whether alternative water supplies should
be used;
(vi) What actions
consumers should take, including when they should seek medical help, if
known;
(vii) What the system is
doing to correct the violation or situation;
(viii) When the water system expects to
return to compliance or resolve the situation;
(ix) The name, business address, and phone
number of the water system owner, operator, or designee of the public water
system as a source of additional information concerning the notice;
and
(x) A statement to encourage
the notice recipient to distribute the public notice to other persons served,
using the standard language under paragraph (d)(iii) of this section, where
applicable.
(b) What
elements must be included in the public notice for public water systems
operating under a variance or exemption?
(i)
If a public water system has been granted a variance or an exemption, the
public notice must contain:
(A) An
explanation of the reasons for the variance or exemption;
(B) The date on which the variance or
exemption was issued;
(C) A brief
status report on the steps the system is taking to install treatment, find
alternative sources of water, or otherwise comply with the terms and schedules
of the variance or exemption; and
(D) A notice of any opportunity for public
input in the review of the variance or exemption.
(ii) If a public water system violates the
conditions of a variance or exemption, the public notice must contain the ten
elements listed in paragraph (a) of this section.
(c) How is the public notice to be presented?
(i) Each public notice required by this
section:
(A) Must be displayed in a
conspicuous way when printed or posted;
(B) Must not contain overly technical
language or very small print;
(C)
Must not be formatted in a way that defeats the purpose of the
notice;
(D) Must not contain
language which nullifies the purpose of the notice.
(ii) Each public notice required by this
section must comply with multilingual requirements, as follows:
(A) For public water systems serving a large
proportion of non-English speaking consumers, as determined by the Department,
the public notice must contain information in the appropriate language(s)
regarding the importance of the notice or contain a telephone number or address
where persons served may contact the water system to obtain a translated copy
of the notice or to request assistance in the appropriate language.
(B) In cases where the Department has not
determined what constitutes a large proportion of non-English speaking
consumers, the public water system must include in the public notice the same
information as in paragraph (c)(ii)(A) of this section, where appropriate to
reach a large proportion of non-English speaking persons served by the water
system.
(d)
What standard language must public water systems include in their public
notice? Public water systems are required to include the following standard
language in their public notice:
(i) Standard
health effects language for MCL or MRDL violations, treatment technique
violations, and violations of the condition of a variance or exemption. Public
water systems must include in each public notice the health effects language
specified in Appendix B to this regulation corresponding to each MCL, MRDL, and
treatment technique violation listed in Appendix A to this regulation, and for
each violation of a condition of a variance or exemption.
(ii) Standard language for monitoring and
testing procedure violations. Public water systems must include the following
language in their notice, including the language necessary to fill in the
blanks, for all monitoring and testing procedure violations listed in Appendix
A to this regulation:
"We are required to monitor your drinking water for specific contaminants on a regular basis. Results of regular monitoring are an indicator of whether or not your drinking water meets health standards. During [compliance period], we "did not monitor or test" or "did not complete all monitoring or testing" for [contaminant(s)], and therefore cannot be sure of the quality of your drinking water during that time."
(iii) Standard language to encourage the
distribution of the public notice to all persons served. Public water systems
must include in their notice the following language (where applicable): Please
share this information with all the other people who drink this water,
especially those who may not have received this notice directly (for example,
people in apartments, nursing homes, schools, and businesses). You can do this
by posting this notice in a public place or distributing copies by hand or
mail.
(6) Notice to New Billing Units or New Customers.
(a) What is the requirement for community
water systems? Community water systems must give a copy of the most recent
public notice for any continuing violation, the existence of a variance or
exemption, or other ongoing situations requiring a public notice to all new
billing units or new customers prior to or at the time service
begins.
(b) What is the requirement
for non-community water systems? Non-community water systems must continuously
post the public notice in conspicuous locations in order to inform new
consumers of any continuing violation, variance or exemption, or other
situation requiring a public notice for as long as the violation, variance,
exemption, or other situation persists.
(7) Special Notice of the Availability of Unregulated Contaminant Monitoring Results.
(a) When is the special notice to be given?
The owner or operator of a community water system or non-transient,
non-community water system required to monitor under R.61-58.5.T
must notify persons served by the system of the availability of the results of
such sampling no later than 12 months after the monitoring results are
known.
(b) What is the form and
manner of the special notice? The form and manner of the public notice must
follow the requirements for a Tier 3 public notice prescribed in paragraphs
(4)(c), (d)(i), and (d)(iii) of this section. The notice must also identify a
person and provide the telephone number to contact for information on the
monitoring results.
(8) Special Notice for Exceedance of the SMCL for Fluoride.
(a) When is the special notice to be given?
Community water systems that exceed the fluoride secondary maximum contaminant
level (SMCL) of 2 mg/l as specified in R.61-58.5.R
(determined by the last single sample taken in accordance with R.61-58.5.C,
but do not exceed the maximum contaminant level (MCL) of 4 mg/l for fluoride
(as specified in R.61-58.5.B),
must provide the public notice in paragraph (c) of this section to persons
served. Public notice must be provided as soon as practical but no later than
twelve (12) months from the day the water system learns of the exceedance. A
copy of the notice must also be sent to all new billing units and new customers
at the time service begins and to the State public health officer. The public
water system must repeat the notice at least annually for as long as the SMCL
is exceeded. If the public notice is posted, the notice must remain in place
for as long as the SMCL is exceeded, but in no case less than seven (7) days
(even if the exceedance is eliminated). On a case-by-case basis, the Department
may require an initial notice sooner than twelve (12) months and repeat notices
more frequently than annually.
(b)
What is the form and manner of the special notice? The form and manner of the
public notice (including repeat notices) must follow the requirements for a
Tier 3 public notice in paragraphs (4)(c) and (d)(i) and (d)(iii) of this
section.
(c) What mandatory
language must be contained in the special notice? The notice must contain the
following language, including the language necessary to fill in the blanks:
"This is an alert about your drinking water and a cosmetic dental problem that might affect children under nine years of age. At low levels, fluoride can help prevent cavities, but children drinking water containing more than 2 milligrams per liter (mg/l) of fluoride may develop cosmetic discoloration of their permanent teeth (dental fluorosis). The drinking water provided by your community water system [name] has a fluoride concentration of [insert value] mg/l.
Dental fluorosis, in its moderate or severe forms, may result in a brown staining and/or pitting of the permanent teeth. This problem occurs only in developing teeth, before they erupt from the gums. Children under nine should be provided with alternative sources of drinking water or water that has been treated to remove the fluoride to avoid the possibility of staining and pitting of their permanent teeth. You may also want to contact your dentist about proper use by young children of fluoride-containing products. Older children and adults may safely drink the water.
Drinking water containing more than 4 mg/L of fluoride (the U.S. Environmental Protection Agency's drinking water standard) can increase your risk of developing bone disease. Your drinking water does not contain more than 4 mg/l of fluoride, but we're required to notify you when we discover that the fluoride levels in your drinking water exceed 2 mg/l because of this cosmetic dental problem.
For more information, please call [name of water system contact] of [name of community water system] at [phone number]. Some home water treatment units are also available to remove fluoride from drinking water. To learn more about available home water treatment units, you may call NSF International at 1-877-8 -NSF-HELP."
(9) Special notice for Nitrate Exceedances Above MCL by Non-Community Water Systems (NCWS), Where Granted Permission by the Department under R.61-58.5.B(3).
(a) When is the special notice to be given?
The owner or operator of a non-community water system granted permission by the
Department under R.61-58.5.B(3)
to exceed the nitrate MCL must provide notice to persons served according to
the requirements for a Tier 1 notice under paragraphs (2)(a) and (b) of this
section.
(b) What is the form and
manner of the special notice? Non-community water systems granted permission by
the Department to exceed the nitrate MCL under R.61-58.5.B(3) must provide
continuous posting of the fact that nitrate levels exceed 10 mg/l and the
potential health effects of exposure, according to the requirements for Tier 1
notice delivery under paragraph (2)(c) of this section and the content
requirements under paragraph (5) of this section.
(10) Notice by Department on Behalf of the Public Water System.
(a) May the Department
give the notice on behalf of the public water system? The Department may give
the notice required by this regulation on behalf of the owner and operator of
the public water system if the Department complies with the requirements of
this regulation.
(b) What is the
responsibility of the public water system when notice is given by the primacy
agency? The owner or operator of the public water system remains responsible
for ensuring that the requirements of this regulation are met.
(11) Special notice for repeated failure to conduct monitoring of the source water for Cryptosporidium and for failure to determine bin classification or mean Cryptosporidium level
(a) Special notice for repeated failure to
monitor.
The owner or operator of a community or non-community water system that is required to monitor source water under R.61-58.10.K(2) must notify persons served by the water system that monitoring has not been completed as specified no later than 30 days after the system has failed to collect any 3 months of monitoring as specified in R.61-58.10.K(2)(c). The notice must be repeated as specified in R.61-58.6.E(3)(b).
(b) Special notice for failure to
determine bin classification or mean Cryptosporidium level.
The owner or operator of a community or non-community water system that is required to determine a bin classification under R.61-58.10.K(11), or to determine mean Cryptosporidium level under R.61-58.10.K(13), must notify persons served by the water system that the determination has not been made as required, no later than 30 days after the system has failed to report the determination as specified in R.61-58.10.K(11)(e) or R.61-58.10.K(13)(a), respectively. The notice must be repeated as specified in R.61-58.6.E(3)(b). The notice is not required if the system is complying with a Department-approved schedule to address the violation.
(c) Form and manner of the special notice.
The form and manner of the public notice must follow the requirements for a Tier 2 public notice prescribed in R.61-58.6.E(3)(c). The public notice must be presented as required in R.61-58.6.E(5)(c).
(d) Mandatory language that must
be contained in the special notice.
The notice must contain the following language, including the language necessary to fill in the blanks.
(i) The special notice for repeated failure
to conduct monitoring must contain the following language: "We are required to
monitor the source of your drinking water for Cryptosporidium. Results of the
monitoring are to be used to determine whether water treatment at the
(treatment plant name) is sufficient to adequately remove Cryptosporidium from
your drinking water. We are required to complete this monitoring and make this
determination by (required bin determination date). We (did not monitor or
test) or (did not complete all monitoring or testing) on schedule and,
therefore, we may not be able to determine by the required date what treatment
modifications, if any, must be made to ensure adequate Cryptosporidium removal.
Missing this deadline may, in turn, jeopardize our ability to have the required
treatment modifications, if any, completed by the deadline required, (date).
For more information, please call (name of water system contact) of (name of
water system) at (phone number)".
(ii) The special notice for failure to
determine bin classification or mean Cryptosporidium level must contain the
following language: "We are required to monitor the source of your drinking
water for Cryptosporidium in order to determine by (date) whether water
treatment at the (treatment plant name) is sufficient to adequately remove
Cryptosporidium from your drinking water. We have not made this determination
by the required date. Our failure to do this may jeopardize our ability to have
the required treatment modifications, if any, completed by the required
deadline of (date). For more information, please call (name of water system
contact) of (name of water system) at (phone number)".
(iii) Each special notice must also include a
description of what the system is doing to correct the violation and when the
system expects to return to compliance or resolve the situation.
Disclaimer: These regulations may not be the most recent version. South Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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