(1) Violation Categories and Other Situations
Requiring a 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 these rules
and for other situations, as listed below. The term "UPDWR violations" is used
in this subpart to include violations of the maximum contaminant level (MCL),
maximum residual disinfection level (MRDL), treatment technique (TT),
monitoring requirements, and testing procedures contained in R309-100 through
R309-215.
(a) UPDWR 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.
(b) Variance and Exemptions Under R309-10 and
R309-11.
(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.
(c) 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 Director
under
R309-200-5(1)(c),
Table 200-1, note (4)(b).
(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 Director to require a public notice under this
subpart.
(2)
Definition of Public Notice Tiers:
Public notice requirements are divided into three 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 paragraph (1) of this
section are determined by the tier to which it is assigned. Each tier is
defined below:
(a) Tier 1 public
notice -- required for UPDWR violations and situations with significant
potential to have serious adverse effects on human health as a result of
short-term exposure.
(b) Tier 2
public notice -- required for all other UPDWR violations and situations with
potential to have serious adverse effects on human health.
(c) Tier 3 public notice -- required for all
other UPDWR violations and situations not included in Tier 1 and Tier
2.
(3) Required
Distribution of Notice
(a) Each public water
system must provide public notice to persons served by the water system, in
accordance with this rule. 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.
(b) 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 Director 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 Director for limiting distribution of the
notice must be granted in writing.
(c) A copy of the notice must also be sent to
the Director, in accordance with the requirements under
R309-105-16.
(4) Utah Division of Drinking
Water adopts 40 CFR, Part 141, Subpart Q, Appendix A and B as published on July
1, 2018.
