(1) Violation Categories and Other Situations
Requiring a Tier 1 Public Notice:
(a)
Violation of the MCL for total coliforms when E. coli are present, as defined
in
R309-211-9(1);
(b) Violation of the MCL for nitrate,
nitrite, or total nitrate and nitrite, as defined in
R309-200-5(1)(c),
Table 200-1, 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
R309-205-5(1)(e)(ii);
(c) Exceedance of the nitrate MCL by
non-community water systems, where permitted to exceed the MCL by the Director
under
R309-200-5(1)(c),
Table 200-1, note (4)(b), as required under
R309-220-12;
(d) Violation of the MRDL for chlorine
dioxide, as defined in
40 CFR section
141.65(a), 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
40 CFR section
141.133(c)(2)(i);
(e) Violation of the turbidity MCL under
R309-200-5(5)(a),
where the Director 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;
(f)
Violation of the Surface Water Treatment Rule (SWTR), Interim Enhanced Surface
Water Treatment rule (IESWTR) or the Long Term 1 Enhanced Surface Water
Treatment rule (LT1ESWTR) treatment technique requirement resulting from a
single exceedance of the maximum allowable turbidity limit, where the Director
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;
(g) Occurrence of a
waterborne disease outbreak, as defined in R309-110, 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);
(h) 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 Director either in its rules or on a case-by-case basis.
(i) Detection of E. coli, enterococci, or
coliphage in source water samples as specified in
R309-215-16(2)(a)
and
R309-215-16(2)(b).
(2) Frequency of the Tier 1 Public
Notice and Additional Steps Required:
Public water systems must:
(a) Provide a public notice as soon as
practical but no later than 24 hours after the system learns of the
violation;
(b) Initiate
consultation with the Director as soon as practical, but no later than 24 hours
after the public water system learns of the violation or situation, to
determine additional public notice requirements; and
(c) 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 Director. 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.
(3) Form and Manner of the Public Notice:
Public water systems must provide the notice within 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:
(a) Appropriate broadcast
media (such as radio and television);
(b) Posting of the notice in conspicuous
locations throughout the area served by the water system;
(c) Hand delivery of the notice to persons
served by the water system; or
(d)
Another delivery method approved in writing by the Director.