(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 subpart identifies the tier assignment for each specific violation or situation.
Table 1 to Sec. 141.202--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 Sec.
141.63(b)), 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 Sec. 141.21(e)); Violation of the MCL for E. coli
(as specified in Sec. 141.63(c));(2) Violation of the MCL for nitrate, nitrite, or total nitrate and
nitrite, as defined in Sec. 141.62, 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 Sec. 141.23(f)(2);(3) Exceedance of the nitrate MCL by non-community water systems, where
permitted to exceed the MCL by the primacy agency under Sec.
141.11(d), as required under Sec. 141.209;
(4) Violation of the MRDL for chlorine dioxide, as defined in Sec.
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
Sec. 141.133(c)(2)(i);(5) Violation of the turbidity MCL under Sec. 141.13(b), where the
primacy agency 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 (LT1ESWTR) treatment technique requirement
resulting from a single exceedance of the maximum allowable turbidity
limit (as identified in appendix A), where the primacy agency
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;(7) Occurrence of a waterborne disease outbreak, as defined in Sec.
141.2, 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 Sec. 141.402(a) and Sec. 141.402(b);(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 primacy agency either in its regulations
or on a case-by-case basis.------------------------------------------------------------------------
(b) When is the Tier 1 public notice to be provided? What additional steps are required? Public water systems must:
(1) Provide a public notice as soon as practical but no later than 24 hours after the system learns of the violation;
(2) Initiate consultation with the primacy agency 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
(3) 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 primacy agency. 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 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:
(1) Appropriate broadcast media (such as radio and television);
(2) Posting of the notice in conspicuous locations throughout the area served by the water system;
(3) Hand delivery of the notice to persons served by the water system; or
(4) Another delivery method approved in writing by the primacy agency. [65 FR 26035, May 4, 2000, as amended at 67 FR 1836, Jan. 14, 2002; 71 FR 65652, Nov. 8, 2006; 78 FR 10350, Feb. 13, 2013]