HANDBOOK ON PUBLIC NOTIFICATION June 1977 U.S. Environmental Protection Agency Office of Water Supply Washington, D.C. 20460 ALL MANAGERS AND OPERATORS' Requirements for PUBLIC NOTIFICATION by violators of Drinking Water Regulations are contained herein. ------- This pamphlet has been written for the manager and operator of a water supply system. It provides information concerning the requirements for PUBLIC NOTIFICATION contained in the Safe Drinking Water Act and the Safe Drinking Water Regulations published by EPA. Although it is primarily concerned with public water suppliers, as defined by the Safe Drinking Water Act, it also contains the PUBLIC NOTIFICATION requirements for non-community water supplies. Note that particular requirements concerning PUBLIC NOTIFICATION may vary slightly from State to State and it will be necessary for you to become familiar with the requirements in force in your area. Meanwhile this publication will serve as a general introduction to this important aspect of your responsibility under the Safe Drinking Water Act. If you are not familiar with the agency in your State responsible for the supervision of public water systems, do not hesitate to contact one of EPA's Regional Offices. A list of addresses and telephone numbers may be found in the back of this pamphlet. PUBLIC NOTIFICATION REQUIREMENTS Type of Violation Required Notification Mail Newspaper Broadcast Violation of an MCL XX X Failure to comply with the approved analytical testing procedure X Variance or exemption has been granted to the system X Failure to perform any required monitoring X Compliance schedule is not followed X -1- ------- This pamphlet is addressed to you as the manager or operator of a water supply system. It is intended to help you understand why the Congress passed the Safe Drinking Water Act of 1974 (P.L. 93-523) and in particular why they included the provision that you are required, as of June 24, 1977, to give PUBLIC NOTIFICATION in certain specific situations. PUBLIC NOTIFICATION This pamphlet is more specifically about PUBLIC NOTIFICATION required by the Safe Drinking Water Act (SDWA). It will take you about 30 minutes to read. It will tell you: 0 Why the Congress provided for PUBLIC NOTIFICATION. 0 How to develop a strategy of working with the press, radio, and TV. 0 When you are required to give PUBLIC NOTIFICATION. 0 How you are to provide PUBLIC NOTIFICATION. Some case studies and samples of releases to the media, and consumers. 0 Some suggested dos and don'ts. WHY PUBLIC NOTIFICATION? The Congress has determined that the public health must be protected through safe drinking water. They have also determined that the ultimate source of the revenue to provide safe drinking water should be the consumer. The Congress has provided for PUBLIC NOTIFICATION to encourage the consumer to support the expenditures it will take for you to provide safe water. The House Report (Safe Drinking Water Act, July 10, 1974) states: "The purpose of this notice requirement is to educate the public as to the extent to which public water systems serving them are per- forming inadequately in the light of the objectives and requirements of this bill. Such public education is deemed essential by the Committee in order to develop public awareness of the problems facing public water systems, to encourage a willingness to support greater expenditure at all levels of govern- ment to assist in solving these problems, and to advise the public of potential or actual health hazards." -2- ------- So, Congress wants you to use PUBLIC NOTIFICATION to educate your customers, and the public about your water system's problems, so they will support you. You may need higher rates. You may need public approval for bond issues, you may need help from local or State lawmakers. It is in your enlightened best interest to educate the public. WHAT SHOULD I DO NOW? You can do most of the planning you will need for PUBLIC NOTIFICATION right now. You know where your customers are. You can decide today what radio, television stations, and newspapers you will want to contact as they serve your customers. If you have a special situation, you know that now. For example, if you do not mail water bills to the customers, you can plan now what your alternative will be. When you get your plan together, you can check with the State and then be confident that you will be in compliance if and when you are required to give PUBLIC NOTIFICATION. There are two basic groups that you must deal with in PUBLIC NOTIFICATION your customers and the media. We can't stress enough how important it is to begin to communicate with your customers on a regular basis if you haven't already. You can begin now to plan how you are going to educate them about the Safe Drinking Water Act and about the problems they have to face to ensure the quality of their drinking water. If their first introduction to the Law and regulations is a notice of violation of a maximum contaminant level (MCL) you may be asking for trouble. This doesn't mean that you have to do it all at once. For example, in the water bills a series of fact sheets could be included so that over a period of time the main facts of the Safe Drinking Water Act are covered. At this time, with the new regulations coming into force, you may well be able to get the local media to do a news story. If you help them, the facts you want to get to your customers, will be included. WHAT IS REQUIRED? You are not required to report every problem you are having with your plant or staff. The specific requirement for PUBLIC NOTIFICATION may vary slightly from State to State, but is general, you are required to give PUBLIC NOTICE when: " there is a violation of an applicable maximum contaminant level. 0 a variance or exemption has been granted to the system. 0 there is a failure to perform any required monitoring. 0 any compliance schedule is not followed. -3- ------- Maximum Contaminant Levels Let's look at these situations one at a time. First, let's look at maximum contaminant levels (MCLs). These limits have been set by EPA with many factors in mind. Many MCLs are based upon the consumption of two liters of water a day over a lifetime. In some cases, a safety factor has been included, taking into account the possible exposure to the contaminant from other sources, such as air and food. (If you wish more information about the rationale and development of the MCLs, consult the EPA document, "Statement of Basis and Purpose for the National Interim Primary Drinking Water Regulations.") If you violate an MCL (violation is a technical term and is explained in detail on page 11) most of the time there probably will not be a short range health hazard. If you have informed your customers about the basis of the MCLs, and the way they have been developed, in most cases there will be no reason for the public to become alarmed by being properly notified about a violation. They may become concerned about the longer range needs of their water system and this could work to your benefit. Microbiological Contaminants If you violate the MCL for Microbiological Contaminants, you will probably have solved the problem long before the PUBLIC NOTICE reaches your customers. In fact, in the PUBLIC NOTICE you can inform them of the steps you have taken and the fact that the condition has been remedied. They may worry if they don't have the facts. If the problem is your plant, the distribution system, or the raw water source, it is far better for them to learn these basic facts before the time that PUBLIC NOTIFICATION may be required. They also need to realize what it is going to cost, if anything, to meet the requirements of the Public Drinking Water Regulations. Testing Procedures If you do your own lab work it is possible that the occasion might arise that you do not follow a prescribed testing procedure. However, the possibility is probably very remote and you should be able to predict the problem and find a solution long before you would be required to provide PUBLIC NOTIFICATION. Variance or Exemption If you apply for and receive a variance or exemption, you will be required to give PUBLIC NOTIFICATION. In this case, it is clear that the intent of the regulation is to inform the public so that they will become aware of the long range problems in their water system, and accept responsibility for the improvements that need to be made. The notice that you provide can be a real opportunity to provide informatio? and to enlist support. -4- ------- Remember that a variance or exemption will be granted only if it is determined that there is no immediate danger to the public health during the time that the variance or exemption is in force. If the public is aware of this fact it should remove any possibility of overreaction by the customers. Required Monitoring You are required to carry out a monitoring program. If you fail to collect the specified samples, you may be required to provide PUBLIC NOTIFICATION. Knowing what is required and scheduling the required monitoring should avoid any need for this type of PUBLIC NOTIFICATION. Compliance Schedule There are several situations when you may be required to meet a compliance schedule. If you have a variance or exemption, there may be a time table that you are required to meet. You will have participated in drawing up the schedule, so you will have ample warning if you find you are falling behind. You may also have a compliance schedule if an MCL has been violated and you are required to collect additional check samples. Again, you will be very much aware of the situation at the time and can make sure that the related schedule is met. So the like- lihood of violating the schedule and the need for PUBLIC NOTIFICATION will be slight. YOU'RE TRYING TO TURN ME INTO A PUBLIC RELATIONS MAN! You already are. Anyone who provides a service to the public is in Public Relations. Your customers already have formed judgements about you and your operation based upon the contacts that they have with you. When they get a bill, when they call for service, or to complain about the taste or odor of the water they form opinions about your operation. But they probably take their water, and you, for granted. Now you have a public relations problem. That's one way to look at it. Now you have an opportunity to develop support for what you are trying to do. That's another approach. In the future you may have to make a PUBLIC NOTIFICATION under the requirements of the new Law. If the first time your customers hear from you is to explain both the new legal requirement and that you have a problem attaining health related drinking water standards they may well overreact to the situation. You have an option. You can begin now to inform your customers about the requirements of the Safe Drinking Water Act, and its impli- cations for your system. -5- ------- Tell them: 0 The goals of the Act, what Congress wants to accomplish. 0 How the MCLs were set. 0 The present situation, what is the quality of their raw water source, what problems you anticipate in meeting the requirements of the Law and regulations. 0 About PUBLIC NOTIFICATION and how it works. 0 What your plans are now what will be required of your customers. Exhibit 1 on the next page is one example of a letter intended to begin informing customers. -6- ------- LETTERHEAD Pure Water Company 1304 Main Street Burlington, Maine 806-333-1000 Dear Customer: I am sure that you have seen the recent article in the morning paper concerning the Safe Drinking Water Act of 1974 and the fact that the interim regulations went into effect on June 24, 1977. Because we supply your drinking water, we want to inform you about the provisions of the Safe Drinking Water Act and the effects it will have upon our local situation. The Law is the result of the concern of Congress to protect the public health. This is not to imply that the Nation's water has been unsafe in the past. Rather, this is a major step toward improvement of your safety in light of modern technical knowledge. The Law also requires that your water system inform you if certain problems are encountered. Briefly, the Law provides that drinking water standards called Maximum Contaminant Levels be developed for biological and chemical contaminants in drinking water. These are referred to as MCLs. They have been established by the Environmental Protection Agency to provide a wide margin of safety for the public. In general, they have been based upon the consumption of two liters of drinking water a day for a lifetime. As science gathers more information, the kinds of contaminants and the MCLs for them probably will change, to provide even greater protection to the public health. We want you to know now that we have always been on guard to ensure your health and have notified you of any potential health hazard which has occurred. Therefore, don't be alarmed if you receive a notice from us that indicates that a maximum contaminant level has been violated. WE WILL NOTIFY YOU IMMEDIATELY IF THERE IS EVER AN IMMEDIATE HEALTH HAZARD. The Congress provided the requirement for PUBLIC NOTIFICATION so that you would be aware of any major problems facing your local water supply system. We want you to know right now that we are proceeding with our planning to ensure that our system meets the requirements of the Law. However, we do have some problems. Our raw water source is high in some of the chemicals which are regulated by the Law, and at the present time our plant is not equipped to remove them to the required level. We are seeking an exemption from this requirement from the State until we have time to plan and implement changes in our present system. -7- ------- Better water is going to cost money and the Congress has deter- mined that the cost is to be born by the consumer. In our case, this is going to mean higher water rates in the future to pay for the costs of construction and increased operational and maintenance costs. We are working to keep our costs to the minimum and to increase our efficiency and are making every effort to find the most efficient and inexpensive way to improve the quality of your water in the future. In the next few weeks, we will be sending you a questionnaire to ask you your opinions about the quality of your water and of "the service that you receive. As soon as we have the results, we will send them to you. Thank you for taking the time to read our letter. We intend that this is the first of many communications with you to keep you informed of new developments. Please call or write us if you have any questions. Sincerely yours, John J. Durkin Pure Water Company -8- ------- THE MEDIA How many times have you heard that the press or broadcast media have messed up a story, caused panic, misinformed the public? Give the people who publish your paper and produce your radio and TV news the benefit of the doubt. They are trying to do a job, just like you. They work under time pressure. A reporter may get an assignment and have four hours - two hours, if the story is hot - to gather his facts. If he can't get you on the phone, he has to go press, so he talks to whomever he can get, maybe people who don't have the facts you have, or don't know the history of the situation. Now is the time, before you have a problem, to meet these men and offer to brief them. Talk to them about PUBLIC NOTIFICATION and the intent of Congress. Explain your worries about causing public alarm if the notices are not handled with understanding of the whole situation. You may find them very receptive to your offer. Be sure they know who are the responsible State or Federal officials for water supply programs in your area. When you do talk with them, explain that the regulations of the Law have just come into force and suggest a news story on the Law and the situation as you see it, say between now and 1981. Develop a plan to inform your customers and the press now. You will be glad you did if and when you face your first PUBLIC NOTIFICATION. HOW IMPORTANT IS PUBLIC NOTIFICATION? The Spirit of the Law and regulations is one of cooperation to get a job done for the public health. The Law and regulations place enforcement responsibility upon EPA and upon the States which assume primary enforcement responsibility. The Congress felt very strongly about the need now to do all that can be done, with costs considered, to ensure the safety of the Nation's drinking water. Under the Federal Act, States which assume primary enforcement responsibility must also enforce reasonable PUBLIC NOTIFICATION requirements. Failure to comply with PUBLIC NOTIFICATION regulations subjects the public water supply to appropriate enforcement action. PUBLIC NOTIFICATION is an integral part of the Act and a basic tool in the education of the public. REPORTING REQUIREMENTS The basic reason for the Safe Drinking Water Act is to ensure public health safety. Much of the effectiveness of the Act will depend on how well the reporting procedures are carried out. There are two general categories of reporting called for by the Act: Reporting to the State (or EPA) Reporting to the Public (Public Notification) -9- ------- The requirements for these reports, including when they must be made, to whom, and what they must contain are discussed in the following two sections. REPORTING TO THE STATE There are three types of reports that must be sent to the State Routine sample reports Check sample reports Violation reports For routine sampling, results of analyses must be reported to the State monthly. The data for each month must be compiled and sent in within ten days after the end of the month. If the State lab is doing the sample analysis, this routine reporting will not be required. If the results of the routine analysis exceed the MCL, then additional "check samples" are required. Reporting procedures for these check samples vary according to the type of contaminant. (See Figures 1 - 12) Violation reporting is most important in identifying potential health hazards. When check samples have been taken and they are not in compliance with the MCLs, a violation has occurred and violation reporting is required. In most cases, the State must be notified within 48 hours of the violation. However, the specific requirements vary somewhat according to type of contaminant. The specific reporting requirements are shown on Figures 1 through 12. Let's take the example of inorganic chemicals shown on Figure 1 to see how these diagrams work. After the sample for inorganic chemicals is taken and analyzed, there are two possible outcomes for each contaminant: the MCL is not exceeded or the MCL i£ exceeded. Following the left-hand portion of the diagram, if no MCLs are exceeded, the only action required is routine reporting. Following the right-hand portion of the diagram, if one or more MCLs is exceeded the State must be notified within 7 days and 3 check samples must be taken within 1 month. Again we face the two possible outcomes: the average value does not exceed the MCL; the average value does exceed the MCL. As might be expected, if we follow the diagram to the left (the MCL not exceeded), we are back on track with routine reporting. If we follow the diagram to the right, however (MCL is^ exceeded), the State must be notified within 48 hours, the public must be notified and monitoring must continue until the MCL is not exceeded in two consecutive -10- ------- FIGURE 1 REPORTING PROCEDURES Inorganic Chemicals (Except Nitrates) and Organic Chemicals Take Samples If No MCL is exceeded If One or More MCLs are exceeded (Report this to the State within 7 days Routine reporting required AND Take three additional (check) samples at same sampling point within one month. Then determine the average value of the original and three check samples.* T ---.- ^ T If average value does not exceed the MCL If average value j exceeds the MCL j Report this to the State within 48 hours Routine reporting required Notify the public ' I AND AND Monitoring at a frequency designated by the State shall continue until the MCL has not been exceeded in two successive samples or until a monitoring schedule is set up as a condition to a variance, exemption or enforcement action. TOTAL of Original Sample + 3 Check Samples *Average Value = 4 -11- ------- FIGURE 2 REPORTING PROCEDURES Nitrates Take Sample If the MCL is not exceeded If the MCL is exceeded Routine Reporting required An additional (check) sample must be taken within 24 hours If the average (mean) of original and check sample does not exceed the MCL If the average (mean) of original and sample does exceed the MCL Routine reporting required Report this to the State within 48 hours Notify the public Monitoring at a frequency designated by the State shall continue until the MCL has not been exceeded in two successive samples or until a monitoring schedule is set up as a condition to a variance, exemption, or enforcement action. -12- ------- Figure 3 REPORTING PROCEDURES Daily Turbidity Monitoring If the sample does not exceed 1 TU* If the sample exceeds 1 TU* I Routine reporting required An additional (check) sample must be taken within 1 hour l If check sample does not exceed 1 TU* _ If check sample exceeds 1 TU* Report this to the state within 48 hours *MCL of up to 5 TU may be established at State option Figure 4 REPORTING PROCEDURES When Calculating Two-Day Turbidity Averages Using values from original samples on days MCL was not exceeded, and check sample values for days the MCL was exceeded, calculate the the two-day average* If the average of two samples taken on consecutive days does not exceed 5 TU If the average of two samples taken onr consecutive days exceeds 5 TU Report this to the state within 48 hours * The average is based on the results of samples taken on consecutive days Figure 5 REPORTING PROCEDURES Whan Calculating Monthly Average Turbidity Values Using values from original samples on days MCL was not exceeded, and check samples values for days the MCL was exceeded, calculate the average monthly value. If monthly average of the daily samples does not exceed 1 TU* If monthly average of the daily samples exceed 1 TU* Report this to the state within 48 hours *MCL of up to 5 TU may be established at State nption -13- ------- Figure 6 REPORTING PROCEDURES Microbiological Contaminants - Membrane Filter r Take Sample 1 I w * If 4 colonies/ 100 ml Is not exceeded If 4 colonies/ 100 ml is exceeded At least two consecutive daily check samples must be taken from the same sampling point. J_ If none of the check samples contain one or more colonies/ 100 ml If any of the check samples contain one or more colonies/ 100 ml Routine reporting required Report this to the state within 48 hours AND Additional check samples must be col-lected daily, or at a frequency established by the state, until the results obtained from at least 2 consecutive check samples show less than one coliform colony/100 ml -14- ------- FIGURE 7 REPORTING PROCEDURES When Calculating Monthly Membrane Filter Results I. CALCULATE THE MONTHLY AVERAGE VALUE Using values from original samples ONLY*, calculate the monthly average value. If the monthly average of the daily samples does not exceed 1 colony/100 ml Routine reporting required If the monthly average of the daily samples exceeds 1 colony/ 100 ml Report this to the State within 48 hours. I Notify the public II. DETERMINE THE NUMBER OF TIMES 4 COLONIES/ 100 ml WAS EXCEEDED Using values from original samples ONLY, determine the number of times 4 colonies/100 ml was exceeded.** If the MCL*** is not exceeded Routine reporting required If the MCL*** is exceeded L Report this to the State within 48 hours Notify the public *Check sample values are not to be used when calculating the monthly average. **For systems taking fewer than 20 samples per month, merely count the number of samples exceeding 4 colonies/100 ml. For systems taking 20 or more samples per month, calculate the percentage of samples exceeding -4 colonies/100 ml. ***The MCL is coliform presence shall not exceed 4 colonies/100 ml in more than one sample if less than 20 samples are collected per month or 4 colonies/100 ml in more than 5% of the samples if 20 or mare samples are examined per month. -15- ------- FIGURE 8 REPORTING PROCEDURES Microbiological Contaminants - Multiple-Tube Method (10 ml) Take Sample I If there are fewer than 3 tubes positive in a single sample If 3 or more tubes are positive in a single sample Routine reporting required At least two consecutive daily check samples must be taken from the same sampling point I If none of the check samples contain one or more positive tubes If any of the check samples contain one or more positive tubes Routine reporting required Report this to the State within 48 hours Additional check samples must be collected daily, or at a frequency established by the State, until the results obtained from at least 2 consecutive check samples show no positive tubes. -16- ------- FIGURE 9 REPORTING PROCEDURES When Calculating Monthly Multiple-Tube Fermentation (10 ml) Results I. CALCULATE THE MONTHLY PERCENTAGE Using values from original samples ONLY* calculate the monthly percentage If 10% ore less of the tubes for the month are positive [ Routine reporting required { If more than 10% of the tubes for the month are positive Report this to the State within 48 hours \ t \ .Notify the public ] II. DETERMINE THE NUMBER OF TIMES 3 OR MORE TUBES WERE POSITIVE Using values from original samples ONLY* determine the number of times 3 or more tubes were positive.** If the MCL*** is not exceeded If the MCL*** is exceeded Routine reporting required Report this to the State within 48 hours Notify the public *Check sample values are not to be used where calculating the monthly percentages. **For systems taking fewer than 20 samples per month, merely count the number of samples which contained 3 or more positive portions. For systems taking 20 or more samples per month, calculate the percentage of samples containing 3 or more positive portions. ***The MCL is not more than 1 sample may have 3 or more portions positive when fewer than 20 samples are examined per month or not more than 5% of the samples may have 3 or more portions positive when 20 or more samples are examined per month. -17- ------- FIGURE 10 REPORTING PROCEDURES Microbiological Contaminants - Chlorine Residual Take Sample* 1 If the free chlorine residual is 0.2 mg/1 or greater If the free chlorine residual is less than 0.2 mg/1 Routine Report Required A check sample must be taken within one hour Routine Report Required ^ si/ If check sample indicates that the free chlorine resi-r dual is 0.2 mg/1 or greater i If check sample indicates that the free chlorine resi- dual is less than 0.2 mg/1 Report this to the State within 48 hours A sample for coliform bacterial analysis must be taken from that sampling point, preferably within one hour Results of the coliform test must be reported to the State within 48 hours *If chlorine residual test is used, there must be four samples for each Bacti required or at least one per day. -18- ------- FIGURE 11 REPORTING PROCEDURES Radiological Contaminants - Natural Take Quarterly Samples or Composite Quarterly Average the Results* Test for gross alpha activity If gross alpha activity is If gross alpha activity 5 pCi/1 or less is greater than 5 pCi/1 - . 1 Lab must test for w Radium 226 Routine Report Required] | 1 I If Radium 226 is If Radium 226 3 pCi/1 or less is greater than 3 pCi/1 » ' , Lab must 1 test for 28 ** If gross alpha activity*** is greater than 15 pCi/1 I Report this to the State within 48 hours J, Notify the public T J, 4, 'If Radium 226 and Radium 228 ' I is 5 pCi/1 or less ' J i Routine Report i , Required j 1 If Radium 226 and Radium 228 ' is greater than 5 pCi/1 1" Report this to the State within 48 hours AND Notify the public] 1 AND Monitoring at quarterly intervals must be continued until the annual average concentration no longer exceeds the MCL or until a monitoring schedule is set up as a condition to a variance, exemption or enforcement action. * Average = Sum of four values 4 No averaging is required if the quarterly samples were composited. In that case, use the results of the single sample. **This step is required only for the initial monitoring period and not for routine monitoring, except as required by the State. ***Gross alpha activity less radon and uranium. -19- ------- Figure 12 REPORTING PROCEDURES Radiological Contaminants - Han-made THESE PROCEDURES ONLY APPLY TO SURFACE WATER SYSTEMS SERVING POPULATIONS OF 100,000 OR GREATER Take Quarterly Samples or Composite Quarterly Average the Results* Compare the results with the following limits Gross Beta SO pCi/1 Strontium 90 8 pCi/1 Tritium 20,000 pCi/1 / If none of the three limits are exceeded 1 L I If gross beta is greater than 50 pCi/1 If either Tritium or Strontium 90 limits are exceeded If Tritium Strontium 9 BOTH presen An analysis of the sample must be performed to identify the major radioactive consti- tuents present. The appropri- ate organ and total body doses oust be calculated to determine whether the 4 mrem/yr MCL is exceeded.** Report this to the State within 48 hours the Sample in any concentration Notify the public [ If no total body' or individual organ doses exceed 4 mrem/yr If any total body or Individual organ doses exceed 4 mrem/yr Calculate the sum of annual dose equivalents to bone marrow** I Routine reporting required Report this to the State within 48 hours T ^ f If the sum of annual dose equivalents to bone marrow does not exceed 4 mrem/yr 1 Routine reporting required f If the sum of annual dose equivalents to bone narrow exceeds 4 mrem/yr \ S Report this to the State within 48 hours BMP | Notify the public | Notify the public Average « Sua of four values 4 No averaging is required is the quarterly samples were composited. In that case, use the results of the single sample. **It is likely that the laboratory will not make these calculations. You will probably have to get help from State water supply personnel in making these calculations. -20- ------- samples or until a new monitoring schedule becomes effective. REPORTING TO THE PUBLIC Under the public notification requirement, a community or non- community water system will have to publicly notify its customers of specified deficiencies identified in the system. This DOES NOT MEAN THAT THE PUBLIC WILL HAVE TO BE NOTIFIED EVERY TIME SOMETHING UNUSUAL HAPPENS AT THE PLANT OR A SAMPLE EXCEEDS AN MCL. With MCLs, for example, public notification only occurs in the event of a violation of the MCLs, and such a violation does not occur until the original sample and additional check samples exceed the MCL. The require- ments for public notification vary depending on the circumstances and whether the system is a community or non-community system. NOTIFICATION FOR COMMUNITY SYSTEMS In general, public notification for community systems is only required in the circumstances shown in Figure 13, although your State regulations may vary in one detail or another. Figure 13 PUBLIC NOTIFICATION REQUIREMENTS Type of Violation Required Notification Mail Newspaper Broadcast Violation of an MCL XX X Failure to comply with the approved analytical testing procedure X Variance or exemption has been granted to the system X Failure to perform any required monitoring X Compliance schedule is not followed X There are three forms of public notification mail, newspaper, and broadcast. All three are required by the Act for a violation of an MCL. In all other circumstances, only the notice mailed to the con- sumer is required. -21- ------- MAIL NOTICE The consumer must be notified in the next regular water bill, or through special mailing, BUT IN ANY EVENT WITHIN THREE MONTHS AND BY MAIL. This notification must be repeated at least once every three months as long as the situation requires. NEWSPAPER NOTICE A newspaper that serves the area must be notified and notice of the violation must be published in that paper on three consecutive days. The three-day publication period must be completed within 14 days of the violation. If no daily paper exists, a weekly paper that serves the area must be advised and the notice of violation must be published in three consecutive issues of that paper. If there are no dailies or weeklies, notice must be displayed in post offices serving the area. BROADCAST NOTICE Radio and television stations serving the area must be notified within seven days of the violation. NOTIFICATION FOR NON-COMMUNITY SYSTEMS Public' notification requirements for non-community water systems are different from those required for community systems. Since non- community systems principally serve travelers who do not receive water bills from the system and who are probably not exposed to local radio or TV, a notice that informs the consumer before he drinks the system's water is required. This notification must be given in a way that adequately informs the public using the water. The appropriate type of notification will be decided by the State. In general, however, notices such as posters or signs near drinking fountains or handbills distributed to industrial workers are what is needed. HOW TO WRITE A PUBLIC NOTICE Now that you know the regulations about when you must provide PUBLIC NOTIFICATION and where you must publish it, let's take a look at the regulations about the notice itself. -22- ------- The regulations do not tell you how to write a PUBLIC NOTICE but they do specify requirements about what it should contain: 0 It must be conspicuous (print media). 0 It must not be overly technical. 0 The print must be easy to read (no tiny notice buried in notice section). 0 No methods should be used to interfere with the purpose of the notice. 0 It should disclose all material facts, giving the nature of the problem. 0 It should contain a clear statement that a Primary Drinking Water Regulation has been violated, if applicable. 0 It should contain a statement of preventive measures that should be taken by the public, if applicable. 0 It should be bilingual, if appropriate to community. In addition, the PUBLIC NOTICE may include: 0 A balanced explanation of the significance or seriousness to the public health. 0 A fair explanation of steps taken by the system to correct any problem. 0 A report of the results of any additional sampling. Now that you know the requirements, let's take a look at a sample notice. -23- ------- WATER EXCEEDS NITRATE LIMIT The Golden Oak Water District reports that the maximum contaminant level for nitrate in drinking water was exceeded during its most recent reporting period. The State Board of Health has set the limit at 10 milligrams nitrate per liter of water. Samples from the Golden Oak well contained 24 milligrams per liter. Adults and most children need not be concerned. However, parents should find other safe sources of drinking water for infants less than six-months old. An excess nitrate intake by an infant can reduce its available oxygen supply, possibly producing "blue baby" symptoms of suffocation. All doctors and hospitals in the area have been notified of the situation by the water district. The health department cautions not to boil the water as boiling increases the concentration of nitrate. Nitrate is extremely difficult to remove from water and the water district has applied to the State for a temporary exemption from the requirement of no more than 10 mg/1 nitrate in drinking water. The district is searching for alternate sources of water and exploring treatment techniques to reduce the nitrate level. -24- ------- PUBLIC NOTIFICATION TheUrolden Oak Water District^reports that/the [maximum contaminant level for nitrate in drinking water) Vwas exceededj(during its most recent reporting periodT)- The (State Board of HealthJ(has set the limit at~ ;3 milligrams nitrate per liter of water. Samples from tie Golden Oak well contained 24 milligrams per liter. Adults and most children need not be concerned. However, parents should find other safe sources of drinking water for infants less than six-months old. An excess nitrate intake by an infant can reduce its available oxygen supply, possibly producing "blue baby" symptoms of suffocation. All doctors and hospitals in the area have been notified of the situation by the water district, /The health department cautions not to boil the water as boiling increases the concentration of nitrate. Nitrate is extremely difficult to remove from water andlthe water district has applied to the State for a temporary exemption from the requirement of no more than 10 mg/1 nitrate in drinking water. The district is searching for alternate sources of water and exploring treatment techniques to reduce the nitrate level. WHO WHAT WHEN AUTHORITY REGULATION INVOLVED HEALTH SIGNIFICANCE WHAT TO DO ACTION BEING TAKEN -25- ------- WHAT DO I DO IF? We can't give you advice on every situation. However, a few examples may be helpful. 0 The problem is in a trailer court. They receive no newspaper. You could send them a mailing or you might find a company which distributes advertising to do your delivery. 0 The local paper says they have no room. Then you have to pay to have a notice inserted in the notice section of the paper. But remember, you can't bury it. 0 The press is hostile. You may be too late if this is the first time you have tried to tell your story to the customers. But in most cases, you have a chance to counteract what you consider inaccurate news reports by direct contact with your customers. 0 Television and radio stations cover a large area. A notice would alarm a vast majority who do not use your water supply. You may not be required to use such a source for your PUBLIC NOTIFICATION. Talk to your State people and see if there is not a more practical way to meet the requirement. 0 Same problem with a metro paper. Many papers carry suburban sections once a week. Perhaps your notice can be carried in the supplement only. ONE LAST WORD How you say things is as important as what you say. A notice which is perfectly accurate can alarm the public, for example: "There is no conclusive evidence that turbidity causes death in humans." "The water used to be a lot worse and nobody died that we know of." "Your getting more of this in your food anyway." Such statements raise more questions than they answer for a person who is not a specialist. One way to check your notices is to ask an outsider to read them before you send them out. -26- ------- HELP IS AVAILABLE The Congress has provided that technical assistance be available to the water supply systems in order to help comply with the Law. State grants are given by EPA to provide additional State personnel. Training is being developed for you and your operators. Many publications are being prepared to assist you and to inform public officials and the public. Technical assistance is available from your State agency and through them from the EPA laboratories in Cincinnati. There is a specialized water supply staff in each EPA regional office. A national public information program is in progress to inform the public of the need for safe water and to enlist their cooperation in paying for the costs of the program. And finally, Public Interest Groups have received grants from EPA to inform public officials. We hope this pamphlet will make your job a little bit easier. Good luck. -27- ------- ENVIRONMENTAL PROTECTION AGENCY - REGIONAL OFFICES Region I Water Supply Branch Water Programs Division JFK Federal Building Boston, Massachusetts 02203 Region II Water Supply Branch Environmental Programs Division 26 Federal Plaza New York, NY 10007 Region III Water Supply Branch Water Programs Division Curtis Building 6th & Walnut Streets Philadelphia, Pennsylvania 19106 Region IV Water Supply Branch Water Division 345 Courtland Street, N.E. Atlanta, Georgia 30308 Region V Water Supply Branch 230 South Dearborn Street Chicago, Illinois 60604 Region VI Water Supply Branch Water Division 1201 Elm Street First International Building Dallas, Texas 75270 Region VII Water Supply Program 1735 Baltimore Avenue Kansas City, Missouri 64108 Region VIII Water Supply Section Water Division 1860 Lincoln Street Denver, Colorado 80203 Region IX Water Supply Task Force Water Division 100 California Street San Francisco, California 94111 Region X Drinking Water Programs M/S 429 Water Division 1200 Sixth Avenue Seattle, Washington 98101 fcU.S. GOVERNMENT PRINTING OFFICEl 1977-241-037/38 -28- ------- |