§ 109.408. Tier 1 public notice—form, manner and frequency of notice.

 (a)  General violation categories and other situations requiring a Tier 1 public notice. A public water supplier shall provide Tier 1 public notice for the following circumstances:

   (1)  Violation of the MCL for total coliforms when fecal coliforms or E. coli are present in the water distribution system, as specified in §  109.202(a)(2) (relating to MCLs, MRDLs or treatment technique requirements), or when the water supplier fails to test for fecal coliforms or E. coli when any check sample tests positive for coliforms, as specified in §  109.301(3) (relating to general monitoring requirements).

   (2)  Violation of the MCL for nitrate, nitrite or total nitrate and nitrite, as defined in §  109.202(a)(2), or when the water supplier 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 §  109.301(7)(ii)(C)(V).

   (3)  Exceedance of the nitrate MCL by noncommunity water systems, where permitted by the Department in writing to exceed the MCL in accordance with 40 CFR 141.11(d) (relating to maximum contaminant levels for inorganic chemicals).

   (4)  Violation of the MRDL for chlorine dioxide, as defined in §  109.202(f)(2), 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 supplier does not take the required samples in the distribution system, as specified in §  109.301.

   (5)  Violation of the turbidity MCL of 5 NTU based on an average for 2 consecutive days by a public water system using an unfiltered surface water source, as specified in §  109.202(a)(2).

   (6)  Violation of a treatment technique requirement for pathogenic bacteria, viruses and protozoan cysts as defined in §  109.202(c), resulting from a single exceedance of the maximum allowable turbidity limit.

   (7)  Occurrence of a waterborne disease outbreak, as defined in §  109.1 (relating to definitions), or other waterborne emergency that adversely affects the quality or quantity of the finished water including, but not limited to, the following:

     (i)   Failure or significant interruption in key water treatment processes.

     (ii)   A natural disaster that disrupts the water supply or distribution system.

     (iii)   A chemical spill or unexpected loading of possible pathogens into the source water that significantly increases the potential for drinking water contamination.

   (8)  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 on a case-by-case basis.

 (b)  Timing for a Tier 1 public notice. A public water supplier shall do the following:

   (1)  Provide a public notice as soon as possible, but no later than 24 hours after the water supplier learns of the violation or situation under subsection (a).

   (2)  Report the circumstances to the Department within 1 hour of discovery of the violation or situation in accordance with §  109.701(a)(3) (relating to reporting and recordkeeping).

   (3)  Initiate consultation with the Department as soon as possible, but no later than 24 hours after the water supplier learns of the violation or situation, to determine initial and any additional public notice requirements.

   (4)  Comply with initial and any additional public notification requirements that are established as a result of the consultation with the Department. These requirements may include the timing, form, manner, duration, frequency, and content of the initial and any repeat notices, and other actions reasonably designed to reach all persons served. The repeat notice frequency, if applicable, for a Tier 1 public notice shall be established as a result of the consultation, but may be no less often than once every 30 days as long as the violation or situation persists.

 (c)  Form and manner of a Tier 1 public notice. The form and manner used by a public water supplier shall fit the specific situation and shall be reasonably designed to reach residential, transient and nontransient users of the water system. To reach all persons served, a water supplier shall use, at a minimum, one or more of the following forms of delivery:

   (1)  Appropriate broadcast media, such as radio or 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.

   (4)  Another delivery method approved in writing by the Department.

   The provisions of this §  109.408 adopted August 9, 2002, effective August 10, 2002, 32 Pa.B. 3894.

   This section cited in 25 Pa. Code §  69.1601 (relating to general); 25 Pa. Code §  109.202 (relating to State MCLs, MRDLs and treatment technique requirements); 25 Pa. Code §  109.301 (relating to general monitoring requirements); 25 Pa. Code §  109.407 (relating to general public notification requirements); 25 Pa. Code §  109.409 (relating to tier 2 public notice—form, manner and frequency of notice); 25 Pa. Code §  109.410 (relating to tier 3 public notice—form, manner and frequency of notice); 25 Pa. Code §  109.413 (relating to special notice for nitrate exceedances above MCL by noncommunity water systems, where granted permission by the Department).