United States Office of Water EPA 816-F-00-023
Environmental Protection (4606) May 2000
Agency
ERA The Public Notification Rule
A Quick Reference Guide
Highlights
• Revises timing and distribution requirements — notice must be provided within 24 hours
(Tier 1, instead of 72 hours), 30 days (Tier 2, instead of 14 days), or one year (Tier 3, instead
of 90 days), based on the potential severity of the situation
• Expands list of violations and situations requiring immediate notification and broadens
applicability of the public notice to other situations
• Simplifies mandatory health effects language and adds standard language for monitoring
violations and for encouraging notice distribution
• Consolidates public notification requirements previously found in other parts of drinking
water regulations
• Increases primacy agency flexibility
• Amends Consumer Confidence Report (CCR) regulations to conform to changes made in
public notification regulations
Title
Revisions to the Public Notification Regulations for Public Water Systems (40 CFR Part 141,
subpart Q), published May 4, 2000 (65 FR 25981)
Purpose
To notify the public any time a water system violates national primary drinking water regula-
tions or has other situations posing a risk to public health
Effective Date
Rule is effective June 5, 2000
PWSs in jurisdictions directly implemented by EPA must meet these revised requirements
October 31, 2000
PWSs in primacy states must meet these revised requirements May 6, 2002 or when the
state adopts the revised regulations, whichever is sooner
Applicability
All PWSs violating national primary drinking water regulations, operating under a variance or
exemption, or having other situations posing a risk to public health
Timing and Distribution
Notices must be sent within 24 hours, 30 days, or one year depending on the tier to which the
violation is assigned (see page 2). The clock for notification starts when the PWS learns of the
violation. Notices must be provided to persons served (not just billing customers).
Multilingual Requirements
Where the PWS serves a large proportion of non-English speakers, the PWS must provide
„ information in the appropriate language (s) on the importance of the notice or on how to get
^Printed on Recycled Paper assistance or a transiated copy
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Tier 1 (Immediate Notice, Within 24 Hours)
Notice as soon as practical or within 24 hours via radio, TV, hand delivery, posting, or other method specified by primacy agency,
along with other methods if needed to reach persons served. PWSs must also initiate consultation with primacy agency within
24 hours. Primacy agency may establish additional requirements during consultation.
• Fecal coliform violations; failure to test for fecal coliform after initial total coliform sample tests positive
• Nitrate, nitrite, or total nitrate and nitrite MCL violation; failure to take confirmation sample
• Chlorine dioxide MRDL violation in distribution system; failure to take samples in distribution system when required
• Exceedance of maximum allowable turbidity level, if elevated to Tier 1 by primacy agency
• Special notice for non-community water systems (NCWSs) with nitrate exceedances between 10 mg/L and
20 mg/L, where system is allowed to exceed 10 mg/L by primacy agency
• Waterborne disease outbreak or other waterborne emergency
• Other violations or situations determined by the primacy agency
Tier 2 (Notice as Soon as Possible, Within 30 Days)
Notice as soon as practical orwithin 30 days. Repeatnotice every three months until violation is resolved. CWSs: Notice via
mail or direct delivery. NCWSs: Notice via posting, direct delivery, or mail. Primacy agencies may permit alternate methods.
All PWSs must use additional delivery methods reasonably calculatedto reach other consumers notnotifiedby the firstmethod.
• All MCL, MRDL, and treatment technique violations, except where Tier 1 notice is required
• Monitoring violations, if elevated to Tier 2 by primacy agency
• Failure to comply with variance and exemption conditions
* Turbidity consultation: Where PWSs have a treatment technique violation resulting from a single exceedance of the
maximum allowable turbidity limit or an MCL violation resulting from an exceedance of the two-day turbidity limit, they must
consult their primacy agency within 24 hours. Primacy agencies will then determine whether a Tier 1 notice is necessary. If
consultation does not occur within 24 hours, violations are automaticallv elevated to Tier 1.
Tier 3 (Annual Notice)
Notice within 12 months; repeated annually for unresolved violations. Notices for individual violations can be combined into
an annual notice (including the CCR, if public notification requirements can still be met). CWSs: Notice via mail or direct
delivery. NCWSs: Notice via posting, direct delivery, ormail. Primacy agencies may permit alternate methods. All PWSs must
use additional delivery methods reasonably calculated to reach other consumers not notified by the first method.
• Monitoring or testing procedure violations, unless primacy agency elevates to Tier 2
• Operation under a variance and exemption
• Special public notices (fluoride secondary maximum contaminant level (SMCL) exceedance, availability of
unregulated contaminant monitoring results)
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Requirements for Ongoing Violations
All new billing units and customers must be notified of
ongoing violations or situations requiring notice
Relationship to the CCR
Where appropriate, the public notification and CCR require-
ments are consistent:
• Health effects language for MCL, MRDL, and treatment
technique violations are the same
• Multilingual and certification requirements are similar
• CCR may be used for Tier 3 notification, provided public
notification timing, content, and delivery requirements are
met
Reporting and Record Keeping
• PWSs have ten days to send a certification of compliance
and a copy of the completed notice to the primacy agency
• PWS and primacy agency must keep notices on file for
three years
• Primacy agencies must report public notification violations
to EPA on a quarterly basis
Primacy Requirements
• Primacy agencies must submit complete and final requests
for approval of program revisions in order to maintain
primacy for public notification
• Primacy agencies have up to 2 years to adopt the new
regulations
• Primacy agencies must establish enforceable requirements
and procedures if they choose to use any of the flexibilities
allowed them in the public notification regulation (e.g., if they
allow a PWS to use a different notification method or if they
elevate a Tier 2 violation to Tier 1)
Materials Available to Support
This Rule
EPA/ASDWA Public Notification Handbook provides
sample notice templates for water systems and other aids for
water systems preparing notices
Primacy Guidance for the Public Notification Rule
provides guidance and formats for states preparing primacy
program revisions to adopt public notification rule
For More Information
Safe Drinking Water Hotline
1-800-426-4791
Office of Ground Water and Drinking Water Web Site
http://www.epa.gov/safewater/pn.html
Contents of Notice
(see sample notice on last page)
Unless otherwise specified in the regulations,*
each notice must contain:
1) A description of the violation or situation,
including contaminant levels, if applicable
2) When the violation or situation occurred
3) Any potential adverse health effects
(using standard health effects language
from Appendix B of the public notifica-
tion rule or the standard monitoring
language, see below)
4) The population at risk
5) Whether alternative water supplies
should be used
6) What actions consumers should take
7) What the system is doing to correct the
violation or situation
8) When the water system expects to
return to compliance or resolve the
situation
9) The name, business address, and phone
number of the water system owner or
operator
10) A statement (see below) encouraging
distribution of the notice to others, where
applicable
* These elements do not apply to notices for fluoride
SMCL exceedances, availability of unregulated
contaminant monitoring data, and operation under a
variance or exemption. Content requirements for these
Standard Language:
Standard Monitoring Language: 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 our drinking water meets
health standards. During [period] we [did not monitor
or test/did not complete all monitoring or testing] for
[contaminant(s)] and therefore cannot be sure of the
quality of the drinking water during that time.
Standard Distribution Language: Please share this
information with all the 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.
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Sample Public Notice
4-The
population
at risk
2 - When the
violation or
situation
occurred
5 - Whether
alternate
water
supplies
should be
used
7 - What
is being
done to
correct
the
violation"
or
situation
9-Name.
phone •—
number, and
business
address for
more
information
DRINKING WATER WARNING
Springfield water has high levels of nitrate
DO NOT GIVE THE WATER TO INFANTS UNDER
SIX MONTHS OLD OR USE IT TO MAKE INFANT FORMULA
AVISO
NO USE EL AGUAPARAPREPARAR ALEMENTOS PARABEBES
Este informe contiene information muy importante sobre su agua potable. Hable con alguien
que lo entienda bien o llame al telefono 555-1200 para hablar en espanol sobre este aviso.
Water sample results received June 22,1999 showed nitrate levels of 12 milligrams per liter (mg/1). This is
above the nitrate standard, or maximum contaminant level (MCL), of 10 mg/1. Nitrate in drinking water is a \
serious health concern for infants less than six months old.
What should I do?
DO NOT GIVE THE WATER TO INFANTS. Infants below the age of six months who drink water contain-
ing nitrate in excess of the MCL could become seriously ill and, if untreated, may die. Symptoms include
shortness of breath and blue baby syndrome. Blue baby syndrome is indicated by blueness of the skin. ~~
Symptoms in infants can develop rapidly, with health deteriorating over a period of days. If symptoms
occur, seek medical attention immediately.
Water, juice, and formula for children under six months of age should not be prepared with tap water.
Bottled water or other water low in nitrates should be used for infants until further notice. Springfield
Water Company and the Springfield Health Department are providing free bottled water to families withi^
infants. Water is available between 9 a.m. and 5 p.m. Monday through Friday at the Health Department
office at the Town Hall. Water will be provided until the nitrate problem is resolved.
Do not boil the water. Boiling, freezing, filtering, or letting water stand does not reduce the nitrate level'
Excessive boiling can make the nitrates more concentrated, because nitrates remain behind when the water
evaporates.
Adults and children older than six months can drink the tap water (nitrate is a concern for infants because
they can't process nitrates in the same way adults can). However, if you are pregnant or have specific
health concerns, you may wish to consult your doctor.
What happened? What is being done?
Nitrate in drinking water can come from natural, industrial, or agricultural sources (including septic systems
and run-off). Levels of nitrate in drinking water can vary throughout the year. We'll let you know when the
amount of nitrate is again below the limit.
We are investigating water treatment and other options. These may include drilling a new well or mixing ./
the water with low-nitrate water from another source. We anticipate resolving the problem by July 15. '
For more information, please contact John Smith of the Springfield Water Company at (602) 555-1212. This
notice was prepared and distributed by the Springfield Water Company, 500 Main Street, Springfield.
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.
\
Information
for Spanish
speakers
1-A
description
of the
violation or
situation
3 - Potential
health effects
6 - Actions
consumers
• should take
8-When the
system
' expects to
return to
compliance
10 - Standard
distribution
language
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