WHAT IS PUBLIC NOTIFICATION?
Public notification is the process used by
public water systems to notify their customers
when the water system has violated a drinking
water regulation.
The public notification process is required by
law. Congress first established these require-
ments in the Safe Drinking Water Act of 1974
(SDWA). On June 19,1986, Congress enacted
the Safe Drinking Water Act Amendments
(P.L. 99-339). This law modified the existing
public notification process, which had origi-
nally organized the public notice requirements
according to the type of public water system.
The amendments allow for the development of
different types of notice, based on the nature of
the violation.
As a result, the Environmental Protection
Agency (EPA) published new regulations for
public notification in the October 28,1987
Federal Register (52 FR 41534). Public water
systems were required to begin to comply
with these rules on April 28,1989.
WHY ARE WE NOTIFIED?
Public notice serves several important pur-
poses:
• To announce violations of regulations and
standards;
• To explain the frequency and duration of
the problem;
• To warn about potential adverse health
effects;
• To direct the public to an alternate water
supply, if necessary;
• To inform the public of steps being taken to
correct the violation;
• To educate consumers about the possible
need for improvements in their public
water system; and
• To foster community support to finance any
needed improvements in the system.
WHO MUST NOTIFY?
All public water systems must notify the
public when the system violates a drinking
water regulation.
By definition, a "public water system" has 15
or more service connections or regularly
serves an average of at least 25 people daily at
least 60 days each year. Public water systems
are split into two categories: community and
non-community water systems.
A "community water system" has at least 15
service connections used by year-round
residents, or regularly serves at least 25 year-
round residents. These water systems gener-
ally serve cities and towns. They may also
serve special residential communities, such as
mobile home parks and universities, which
have their own drinking water supply.
A "non-community water system" can be »
either a "transient non-community water
system" (TNC) or a " non-transient non-
community water system" (NTNC). TNCs
typically serve travelers and other transients at
locations such as highway rest stops, restau-
rants, and public parks. The system serves at
least 25 people a day for at least 60 days a
year, but not the same 25 people. On the other
hand, NTNCs do serve the same 25 persons
for at least 6 months per year, but not year
round. Some common examples of NTNCs
are schools and factories (or other
workplaces) that have their own supply of
drinking water and serve 25 of the same
people each day.
Some systems do not meet the definition of
"public water system" and are not required to
comply with the federal public notification
regulations. The two most common examples
are (1) private household wells, and (2) small
water systems with too few service connec-
tions and too few customers or users. How-
ever, these systems may be subject to State
regulation and State public notification re-
quirements.
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If you are not sure whether a small system is
regulated as a public water system, check with
your state drinking water program. The state
agency that regulates public water supplies is
usually located in the state capital (or another
major city) and is usually part of the State
Department of Health or Environmental
Regulation. Consult the blue "government
pages" in your local phone book. If you need
further assistance in locating your state drink-
ing water program, call EPA's Safe Drinking
Water Hotline.
WHEN IS A NOTICE GIVEN?
Public water systems must comply with a
wide range of federal and state regulations.
Whenever a system is in violation of a
National Primary Drinking Water Regulation
(NPDWR), it must notify the public. The
manner of giving notice and the time frame in
which notice is required depends on the
particular regulation which has been violated
(as discussed later). EPA has developed a two-
tiered system for classifying violations.
Tier 1 violations are the most serious viola-
tions, because they are directly related to
potential adverse health effects. They include:
• Failure to comply with a maximum con-
taminant level (MCL). An MCL is an
enforceable standard that dictates to public
water systems the maximum allowable
amount of a contaminant in drinking water
which is delivered to the consumer.
• Failure to comply with a treatment tech-
nique requirement that has been estab-
lished in place of an MCL. Treatment
techniques are specified for public water
systems when it is not economically or
technologically feasible to determine the
level of a contaminant in drinking water.
• Failure to comply with a schedule pre-
scribed under a variance or exemption. In
some instances, public water systems are
either unable to or not required to comply
with certain aspects of the drinking water
regulations. Accordingly, these systems are
issued a variance or exemption, which
includes a schedule of required activities.
Completion of these activities will usually
enable the system to comply with the
regulations; failure to comply with the
schedule is a violation.
Tier 1 violations can be either "acute" or "non-
acute." "Acute" violations are those which
pose an immediate risk to human health. To
date, EPA has defined the violation of the MCL
for both nitrates and total coliforms as an acute
violation. EPA will specify in future regula-
tions those other violations which it considers
acute. In addition, the states may define other
violations as acute.
Tier 2 violations are less serious, because they
do not pose a direct threat to public health.
Nonetheless, they are significant enough to
warrant public notice. They include:
• Failure to comply with monitoring require-
ments;
• Failure to use or comply with specified test
procedures; and
• Issuance of a variance or an exemption
(issuance of a variance or exemption is not a
violation, but it is a circumstance in which
the public must be notified).
All community water systems must notify new
customers about any existing Tier I violations
prior to the time, or at the time, service begins.
HOW IS A NOTICE GIVEN?
Form and Contents
In general, a public notice contains a lot of
information. The public notification regula-
tions specify the kind of information that must
be included in the public notice. However, the
specific format, order, and emphasis of this
information may be different for each notice,
depending on the circumstances of the viola-
tion.
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Each notice must contain the following:
• A dear and understandable explanation of
the violation;
• Information about potential adverse health
effects, including specific mandatory
language that must be provided by all
systems with Tier 1 violations and by all
systems that have been issued a variance or
exemption;
• Identification of the population at risk;
• An indication of the steps being taken to
correct the problem;
• Information about the need for an alterna-
tive water supplies, if any; and
• Preventive measures to be taken until the
violation is corrected.
In addition, all public notices must not
frustrate the purpose of public notification—
which is (1) to inform the public about prob-
lems with their drinking water, and (2) to
provide notice in a simple, understandable
manner. As such, the regulations require the
following:
• Notices must be clear and conspicuous
(easily seen and read);
• Notices must not contain unduly technical
language;
• Notices must not contain unduly small
print;
• Notices must include the phone number of
the owner, operator, or designee of the
public water system; and
• Where appropriate, notices must be multil-
ingual.
Manner of Notice
The owner or operator of the public water
system is legally responsible for issuing a
public notice. The manner in which the public
notice is given may vary, depending on (1) the
type of violation, i.e., Tier 1 Acute, Tier 1 Non-
Acute, or Tier 2, (2) the type of public water
system, i.e., community or non-community, or
in some cases, (3) the options available to the
system, e.g., the availability of a local newspa-
per. The ways to issue a notice include:
Through the local electronic media (radio
and TV);
In the local daily newspaper;
By direct mail;
In the customers' water bills;
By hand delivery; or
By continuous posting in a conspicuous
place.
It is important to note that all systems that
serve an area without a daily or weekly
newspaper must provide notice by hand
delivery or posting.
Further, the public water system must provide
copies of the notice to the state drinking water
program. The state may give notice to the
public on behalf of a system, provided the state
complies with all the appropriate require-
ments. However, the owner or operator of the
system remains legally responsible for
ensuring that all public notice requirements
are met.
Timing and Frequency
The timing of a public notice must be the same
for each type of violation, regardless of the
manner of notice. Following is an explanation
of when notices are issued:
Within 72 hours
• Notices by all systems via the electronic
media for Tier 1 Acute violations; or
• Notices by non-community systems via
hand delivery or posting for Tier I Acute
violations.
Within 14 days
• Newspaper notices by all systems for all
Tier 1 violations; or
• Notices by non-community systems by
posting or hand delivery.
Within 45 days
• Notices by all community water systems by
direct mail, in water bills, or by hand
delivery for all Tier 1 violations.
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Within 3 months
• Newspaper notices by all systems for Tier 2
violations; or
• Notices by non-community systems by
posting or hand delivery for Tier 2 viola-
tions.
Repeated every 3 months
• All notices given by all systems by direct
mail or hand delivery for both Tier 1 and
Tier 2 violations.
Continuous notice
• All notices given by posting, for as long as
the violation exists.
All notices must be provided within the
proper time limits, even if the problem has
been corrected.
WHAT SHOULD YOU DO?
• If you receive a public notice - READ IT
CAREFULLY. If you have any questions or
need more information, call your local
public water system or your state drinking
water program. The name, address, and
phone number of your supplier should be on
the notice. If you do not receive a water bill,
check with your landlord or building
manager about recently received notices.
• If you are moving to a new area, be sure to
inquire about any public notices issued by
your new water system. Either the public
water system or the state drinking water
program should provide this information.
• If you want information about your public
water system and your state's drinking
water regulations, contact your state drink-
ing water program.
FOR MORE INFORMATION
Write: U.S. Environmental Protection Agency
Office of Drinking Water
401 M Street, SW
Washington, DC 20460
Or call: The Safe Drinking Water Hotline
800-426-4791 or 202-382-5533
* U.S. GOVERNMENT PRINTING OFFICE: 1990—725-774
United States August 1989
Environmental Protection
Agency EPA 570/9-89-CCC
Office of Water (WH-550A)
f/EPA Public
Notification:
Reporting
Violations of
Drinking Water
Standards
Printed on Recycled Paper
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