§ 109.408. Tier 1 public notice—categories, timing and delivery 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 E. coli, as specified in §  109.202(a)(2) (relating to State MCLs, MRDLs and treatment technique requirements), or when the water supplier fails to test for 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)(IV) and (V).

   (3)  Exceedance of the nitrate MCL by noncommunity water systems, when 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:

     (i)   A single exceedance of the maximum allowable turbidity limit.

     (ii)   A failure to meet the minimum log inactivation for more than 4 hours.

     (iii)   A failure to maintain the minimum entry point residual disinfectant concentration for more than 4 hours and either of the following:

       (A)   A failure to calculate the log inactivation in accordance with §  109.301(1)(v) and (vi).

       (B)   A failure to meet the minimum log inactivation for more than 4 hours.

   (7)  Violation of a treatment technique requirement for Cryptosporidium as defined in §  109.1203 (relating to bin classification and treatment technique requirements), resulting from a failure to provide the level of treatment appropriate for the systems bin classification.

   (8)  Detection of E. coli in source water samples as specified in § §  109.1303 and 109.1304 (relating to triggered monitoring requirements for groundwater sources; and assessment source water monitoring).

   (9)  A breakdown in treatment for groundwater sources as specified in §  109.1307(a)(1)(ii) (relating to system management responsibilities).

   (10)  Occurrence of a waterborne disease outbreak, as defined in §  109.1 (relating to definitions), or other emergency situation as defined in §  109.701(a)(3)(iii) (relating to reporting and recordkeeping) that adversely affects the quality or quantity of the finished water and has a significant potential to have serious adverse effects on human health as a result of short-term exposure.

   (11)  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).

   (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.

   (5)  Provide a public notice that the Tier 1 violation or situation has been corrected, as soon as possible, but no later than 24 hours after the corrective actions have been completed and the notice is approved by the Department.

 (c)  Form and manner of a Tier 1 public notice prior to May 10, 2010. 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.

 (d)  Delivery of a Tier 1 public notice beginning on May 10, 2010. The delivery methods 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 in accordance with §  109.407(c) (relating to general public notification requirements), a water supplier shall use, as appropriate to the type of the water system, the following forms of delivery identified under paragraphs (1)—(3).

   (1)  Community water systems shall provide public notice to each service connection using one or more of the following forms of direct delivery:

     (i)   Hand delivery.

     (ii)   Electronic mail.

     (iii)   Automatic telephone dialing systems or other best available technology. If a public water supplier delivers an abbreviated notice in accordance with §  109.411(b) (relating to content of a public notice), the public water supplier shall also provide the entire public notice under this section in one of the following ways:

       (A)   Posted on a web site.

       (B)   Recorded on a dedicated phone line.

       (C)   Another method approved in writing by the Department.

     (iv)   Another form of direct delivery approved in writing by the Department.

   (2)  In addition to providing public notice to each service connection under paragraph (1), community water systems that also serve transient and nontransient service connections shall provide notice using appropriate broadcast media, such as radio and television.

   (3)  Noncommunity water systems shall provide public notice to transient and nontransient consumers using one or more of the following forms of delivery:

     (i)   Hand delivery.

     (ii)   Electronic mail.

     (iii)   Posting the notice in conspicuous locations throughout the area served by the water system.

     (iv)   Another form of delivery approved in writing by the Department.

Authority

   The provisions of this §  109.408 amended under section 4 of the Pennsylvania Safe Drinking Water Act (35 P.S. §  721.4) and sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. § §  510-7 and 510-20).

Source

   The provisions of this §  109.408 adopted August 9, 2002, effective August 10, 2002, 32 Pa.B. 3894; amended May 8, 2009, effective May 9, 2009, 39 Pa.B. 2334; amended December 24, 2009, effective December 26, 2009, 39 Pa.B. 7279; amended September 23, 2016, effective September 24, 2016, 46 Pa.B. 6005; amended April 27, 2018, effective April 28, 2018, 48 Pa.B. 2509. Immediately preceding text appears at serial pages (383426) to (383429).

Cross References

   This section cited in 25 Pa. Code §  69.1601 (relating to general); 25 Pa. Code §  109.301 (relating to general monitoring requirements); 25 Pa. Code §  109.409 (relating to Tier 2 public notice—categories, timing and delivery of notice); 25 Pa. Code §  109.410 (relating to Tier 3 public notice—categories, timing and delivery of notice); 25 Pa. Code §  109.411 (relating to content of public 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); 25 Pa. Code §  109.1303 (relating to triggered monitoring requirements for groundwater sources); and 25 Pa. Code §  109.1307 (relating to system management responsibilities).



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