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CHAPTER 61.
SECTION 58.
State Primary Drinking Water Regulations.
SUBSECTION 6.
Reports, Record Retention and Public Notification.
61-58.6. Reports, Record Retention and Public Notification.
Table of Contents
A. Applicability
B. Reporting Requirements
C. Reports to Be Submitted
D. Record Keeping
E. Public Notification of Drinking Water Violations
A. Applicability.
This regulation specifies the information public water supplies are required to report to the Department; the information they are required to retain; and the conditions and procedure for making public notification of a violation. This regulation shall apply to each public water system, unless the public water system meets all of the following conditions:
(1) Consists only of distribution and storage facilities (and does not have any collection and treatment facilities);
(2) Obtains all of its water from, but is not owned or operated by, a public water system to which such regulations apply;
(3) Does not sell water to any person; and
(4) Is not a carrier which conveys passengers in interstate commerce.
B. Reporting Requirements.
(1) Except where a shorter reporting period is specified in this regulation, the supplier of water shall report to the Department the results of any test, measurement or analysis required to be made by the primary drinking water regulation within ten calendar days following the end of the month in which the result is received or within ten calendar days following the end of the monitoring period specified by the Department, whichever of these is shortest. Such report shall be in form established by the Department.
(2) If the result of an analysis made pursuant to the requirements of R.61-58.5, Maximum Contaminant Levels in Drinking Water, indicates that the level of any contaminant listed in said regulation exceeds the maximum contaminant level, the supplier of water shall report these findings to the Department within seven days of receiving the results.
(3) Except where a different reporting period is specified in these regulations, the supplier of water shall report to the Department within 48 hours the failure to comply with any national primary drinking water regulations (including failure to comply with monitoring requirements) as set forth in these regulations.
(4) The supplier of water is not required to report analytical results to the Department in cases where a State Laboratory performs the analysis and reports the results to the Department.
(5) Certification and notification of public notice issued
(a) The public water system, within ten (10) days of completing the public notification requirements under Section E below for the initial public notice and any repeat notices, must submit to the Department a certification that it has fully complied with the public notification regulations. For Tier 2 and 3 notices, the public water system must include with this certification a representative copy of each type of notice distributed, published, posted, and made available to the persons served by the system and to the media.
(b) For Tier 1 notices for a lead action level exceedance, public water systems must provide a copy of any Tier 1 notice to the Administrator and the head of the Department as soon as practicable, but not later than twenty-four (24) hours after the public water system learns of the violation or exceedance.
(6) The public water system shall submit to the Department, when requested, within the time stated in the request, copies of any records required to be maintained under R.61-58.6.D or copies of any documents then in existence which the Department or the EPA Administrator is entitled to inspect pursuant to the authority of section 1445 of the Safe Drinking Water Act or the equivalent provisions of State law.
C. Reports To Be Submitted.
All reports listed below are to be on a form or in a format (written or electronic) approved by the Department.
(1) By the tenth calendar day of each month, the supplier of water for each surface water treatment plant shall complete and submit to the Department, as a minimum, the following reports for the previous month:
(a) Surface Water Supply Monthly Operation Report
(b) Bacteriological Summary Analysis Report
(c) Turbidity Summary Analysis Report
(2) By the tenth calendar day of each month, the supplier of water, who operates a groundwater treatment plant that provides water to a community water system serving at least fifteen service connections or twenty-five individuals on a continuous basis, shall complete and submit to the Department, as a minimum, the following reports for the previous month:
(a) Ground Water Supply Monthly Operation Report
(b) Bacteriological Summary Analysis Report (if eight or more bacteriological samples are collected each month)
(3) By the tenth calendar day of each month, the supplier of water, who uses wells as a sole source of supply for a community water system serving at least fifteen service connections or twenty-five individuals on a continuous basis, and does not treat the water, shall complete and submit to the Department, as a minimum, the following reports for the previous month:
(a) Bacteriological Summary Analysis Report (if eight or more bacteriological samples are collected each month)
(b) Bacteriological Analysis Report (if seven or less bacteriological samples are collected each month)
(c) The total amount of water pumped from the wells each month and the total volume of water delivered to the customers each month, if the information is available
(4) By the tenth calendar day of each month, the supplier of water, who obtains water from another public water supply and provides it to a community water system serving at least fifteen service connections or twenty-five individuals on a continuous basis, shall complete and submit to the Department, as a minimum, the following reports for the previous month:
(a) Bacteriological Summary Analysis Report (if eight or more bacteriological samples are collected each month)
(b) Bacteriological Analysis Report (if seven or less bacteriological samples are collected each month)
(c) The total amount of water purchased each month and the total amount of water delivered to the customers each month, where required by the Department
(5) By the tenth calendar day of each month, the supplier of water, who operates a groundwater treatment plant using treatment processes other than the addition of chlorine or corrosion inhibitor or the adjustment of pH, and which provides water to a non-community water system serving at least fifteen service connections or an average of at least twenty-five individuals daily at least sixty days out of the year, shall complete and submit to the Department, as a minimum, the following reports for the previous month:
(a) Ground Water Supply Monthly Operation Report
(b) Bacteriological Summary Analysis Report (if eight or more bacteriological samples are collected each month)
(c) Bacteriological Analysis Report (if seven or less bacteriological samples are collected each month)
(6) Based on complaints received, the results of chemical, or bacteriological testing or the findings of sanitary surveys, the Department may require the supplier of water for any community or non-community water system not described in subsections (1) through (5) above to submit any necessary reports or monitoring data at a frequency established by the Department.
(7) If a water level measuring device has been installed in a well serving a public water supply, the supplier of water shall measure and record the static and pumping water levels on a quarterly basis. The results shall be forwarded to the Department by the tenth calendar day of the following month.
(8) The supplier of water for a community water system that serves more than one hundred service connections shall monitor the operating pressure in the distribution system annually and shall record the date and location where each pressure test was made and the pressure in pounds per square inch. A copy of the results shall be made available to the Department upon request. Records of these results shall be maintained for a period not less than three years.
(9) In the event the Department finds it necessary to require a supplier of water to monitor for chemical parameters on a schedule more stringent than required for routine monitoring, the supplier of water shall submit the monitoring data by the tenth calendar day of the month following the month in which the data was received.
D. Record Keeping
(1) Any supplier of water subject to the provisions of this regulation and R.61-58.5, Maximum Contaminant Levels in Drinking Water, shall retain on the premises at a convenient location near the premises all appropriate records, and make them available for inspection by the Department and the public upon request.
(2) These records shall include the following:
(a) Records of microbiological analyses and turbidity analyses made pursuant to the State Primary Drinking Water Regulation: R.61-58 shall be kept for not less than five (5) years. Records of chemical analyses made pursuant to State Primary Drinking Water Regulation: R.61-58 shall be kept for not less than ten years. Actual laboratory reports may be kept, or data may be transferred to tabular summaries, provided that the following information is included:
(i) The date, place, and time of sampling, and the name of the person who collected the sample.
(ii) Identification of the sample as to whether it was a routine distribution system sample, check sample, raw or process water sample or other special purpose sample.
(iii) Date of analysis.
(iv) Laboratory and person responsible for performing analysis.
(v) The analytical technique or method used.
(vi) The results of the analysis.
(b) Records of action taken by the supplier of water to correct violation of regulations, shall be kept for a period not less than three years after the last action with respect to the particular violation involved.
(c) Copies of any written reports, summaries, or communications relating to sanitary surveys or operational inspections of the public water supply conducted by the supplier of water, by a private consultant, or by any local, state, or federal agency, shall be kept for a period not less than ten years after completion of the sanitary survey involved.
(d) Records concerning a variance or exemption granted to the public water supply shall be kept for a period ending not less than five years following the expiration of such variance or exemption.
(e) Copies of public notices issued pursuant to Section E below and certifications made to the Department pursuant to the provisions of this regulation must be kept for three (3) years after issuance.
(f) Copies of monitoring plans developed pursuant to the State Primary Drinking Water Regulation: R.61-58 shall be kept for the same period of time as the records of analyses taken under the plan are required to be kept under paragraph (a) of this section, except as specified elsewhere in this regulation.
E. Public Notification of Drinking Water Violations.
(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); 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.
HISTORY: Amended by State Register Volume 17, Issue No. 8, eff August 27, 1993; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 18, Issue No. 11, eff November 25, 1994; Amended by State Register Volume 19, Issue No. 7, eff July 28, 1995; State Register Volume 22, Issue No. 6, Part 2, eff June 26, 1998; State Register Volume 24, Issue No. 2, eff February 25, 2000; State Register Volume 25, Issue No. 9, eff September 28, 2001; State Register Volume 26, Issue No. 12, eff December 27, 2002; State Register Volume 30, Issue No. 10, eff October 27, 2006; State Register Volume 32, Issue No. 4, eff April 25, 2008; State Register Volume 38, Issue No. 9, Doc. No. 4469, eff September 26, 2014; SCSR 46-12 Doc. No. 5135, eff December 23, 2022.
APPENDIX A. VIOLATIONS AND OTHER SITUATIONS REQUIRING PUBLIC NOTICE
APPENDIX A TO 61-58.6: VIOLATIONS AND OTHER SITUATIONS REQUIRING PUBLIC NOTICE1
CONTAMINANT
MONITORING & TESTING
MCL/MRDL/TT/VIOLATIONS2
PROCEDURE VIOLATIONS
TIER OF PUBLIC
TIER OF PUBLIC
NOTICE REQUIRED
CITATION
NOTICE REQUIRED
CITATION
I. Violations of the State Primary Drinking Water Regulations (SPDWR):3
A. Microbiological Contaminants
1.a Total coliform
2
61-58.5.F(1)
3
61-58.5.G(1) - (5)
SUBSECTION 5.G(1).
- (5)
61-58.5.G(1). - (5)
1.b Total coliform (TT violations resulting from failure to perform assessments or corrective actions, monitoring violations, and reporting violations)
2
61-58.17.K(2)(a)
3
61-58.17.K(3)(a)
61-58.17.K(4)(a)
1.c Seasonal system failure to follow Department-approved start-up plan prior to serving water to the public or failure to provide certification to the Department.
2
61-58.17.K(2)(b)
3
61-58.17.K(4)(c)
2. Fecal coliform/E. coli
1
61-58.5.F(2)
41, 3
61-58.5.G(5)
3. E.coli (MCL, monitoring, and reporting violations.
1
61-58.17.K(1)
3
61-58.17.K(3)(b)
61-58.17.K(4)(a)
61-58.17.K(4)(b)
4. c E. coli (TT violations resulting from failure to perform level 2 Assessments or corrective action)
2
61-58.17.K(2)(a)
3. Turbidity MCL
2
61-58.10.E, H, & I
SUBSECTION 10.E,.
H, & I
61-58.10.E,. H, & I
3
61-58.10.F
4. Turbidity MCL (average of 2 days samples great than 5 NTU)
52,1
61-58.10.C, E, H & I
SUBSECTION 10.C,.
E, H & I
61-58.10.C,. E, H & I
3
61-58.10.F
5. Turbidity (for TT violations resulting from a single exceedance of maximum allowable turbidity level)
6 2, 1
61-58.10.C(i)(b)
3
61-58.10.F
61-58.10.C.(3)(b)
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