Utah Administrative Code
Topic - Environmental Quality
Title R309 - Drinking Water
Rule R309-220 - Monitoring and Water Quality: Public Notification Requirements
Section R309-220-7 - Tier 3 Public Notice - Form, Manner and Frequency of Notice
Universal Citation: UT Admin Code R 309-220-7
Current through Bulletin 2024-18, September 15, 2024
(1) Violation Categories And Other Situations Requiring a Tier 3 Public Notice:
(a)
Monitoring violations under R309-205, R309-210 and R309-215, except where a
Tier 1 notice is required under
R309-220-5(1)
or where the Director determines that a Tier 2 notice is required;
(b) Failure to comply with a testing
procedure established in R309-205, R309-210 and R309-215, except where a Tier 1
notice is required under
R309-220-5(1)
or where the Director determines that a Tier 2 notice is required;
(c) Operation under a variance granted under
R309-100-10;
(d) Availability of unregulated contaminant
monitoring results, as required under
R309-220-10;
and
(e) Exceedance of the fluoride
secondary maximum contaminant level (SMCL), as required under
R309-220-11;
and
(f) Reporting and Recordkeeping
violations under R309-211.
(2) Frequency of the Tier 3 Public Notice:
(a) Public water systems must provide the
public notice not later than one 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 days (even if the violation or situation is
resolved).
(b) 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 (2)(a)
of this section are met.
(3) Form and Manner of the 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:
(a) Unless directed otherwise by the Director
in writing, community water systems must provide notice by:
(i) 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
(ii) 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 (3)(a)(i) 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.
(b)
Unless directed otherwise by the Director in writing, non-community water
systems must provide notice by:
(i) 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
(ii) 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 (3)(b)(i) 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).
(4) Use of the Consumer Confidence Report to meet the Tier 3 public notice requirements:
For community water systems, the Consumer Confidence Report (CCR) required under R309-225 may be used as a vehicle for the initial Tier 3 public notice and all required repeat notices, as long as:
(a) The CCR is provided to persons served no
later than 12 months after the system learns of the violation or situation as
required under R309-220-7(2);
(b)
The Tier 3 notice contained in the CCR follows the content requirements under
R309-220-8;
and
(c) The CCR is distributed
following the delivery requirements under R309-220-7(3).
Disclaimer: These regulations may not be the most recent version. Utah 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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