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Ground Water Rule Factsheet: Public
Notification, Consumer Confidence Report,
and Special Notice Requirements for
Community Water Systems
WHAT is THE GROUND WATER RULE?
The U.S. Environmental Protection Agency (EPA) published the Ground Water Rule (GWR) on November
8, 2006. One goal of the GWR is to provide increased protection against microbial pathogens,
specifically bacterial and viral pathogens, in public water systems (PWSs) that use ground water.
Instead of requiring disinfection for all ground water sources, the GWR establishes a risk-targeted
approach to identifying ground water sources that are susceptible to fecal contamination. The GWR
requires ground water systems (GWSs) at risk of microbial contamination to take corrective action to
protect consumers from harmful bacteria and viruses. Notifying the public of potential risks is a key
element of this risk-targeted approach. Procedures for notifying the public differ depending on whether
a system is a community or a non-community water system (NCWS). This factsheet describes the GWR
notification requirements for community water systems (CWSs).
A system is a CWS if it is a PWS that is connected to at least 15 year-round residences or regularly
serves at least 25 persons in a residential setting on a year-round basis.1
WHY DOES THE GWR REQUIRE PUBLIC NOTIFICATION?
The GWR addresses pathogens that can be found in GWSs and steps GWSs must take to protect their
customers. Violations and situations of the GWR are also addressed by two other drinking water
regulations related to notifying the public: the Public Notification (PN) Rule and the Consumer
Confidence Report (CCR) Rule. The GWR requires PN for additional situations and violations related to
ground water and adds to the required content of CCRs.
GWSs are required to notify the public because these circumstances can present moderate to severe
risks to public health.
The GWR. the PN Ru e. and the CCR Ru e
The PN Rule requires all PWSs to give notice to persons served by the
water system for significant events, including violations of national
primary drinking water regulations (NPDWRs) and waterborne
emergencies.
A The GWR amends the PN Rule by requiring notice for detection of a
fecal indicator in a ground water source sample, treatment technique
violations, and monitoring violations.
The CCR Rule requires CWSs to provide CCRs to their customers, giving an
annual report on water quality.
A The GWR amends the CCR requirements and includes language to be
used when informing the public of significant deficiencies and fecal
indicator-positive results in ground water source samples.
1. All other PWSs that do not fit these criteria are classified as NCWSs. For information on requirements for NCWSs,
please see "Ground Water Rule Factsheet: Public Notification and Special Notice Requirements for Non-Community
Water Systems."
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WHAT TYPES OF NOTIFICATION ARE REQUIRED BY THE GWR?
The type of notification required will differ depending on the severity of the situation or violation. The
general categories of notification are:
# Tierl, 2, or 3 PN
# Special Notice (in CCRs)
* CCR (other notice)
The state has the authority to alter the designated tier of a certain situation or violation, or to require
additional or repeated notices.
The following table outlines the various situations or violations that require notification and the
corresponding types of notification that are required.
E
Fecal indicator- positive ground water source sample1
Failure to take corrective action
Failure to maintain at least 4-log treatment of viruses
Failure to meet monitoring requirements
Uncorrected significant deficiency2
Unaddressed fecal indicator-positive ground water source sample3
Notification Required
Tier 1 PN, Special Notice in CCR, and CCR
Tier 2 PN, CCR
Tier 2 PN, CCR
Tier 3 PN, CCR
Special Notice in CCR
Special Notice in CCR
1 . Consecutive systems served by the ground water source must also notify the public.
2. Systems must continue to notify the public annually until the significant deficiency has been corrected.
3. Systems must put a notice in the CCR annually until the positive source water sample has been addressed.
Tiers of Public Notification
Each issue outlined above can result from one of the following situations or requirements:
# Fecal indicator-positive ground water source
samples are detected during 1) triggered source
water monitoring, 2) additional source water
monitoring (if it is required by the state), and 3)
assessment source water monitoring (if it is required
by the state). (See "Ground Water Rule Factsheet:
Monitoring Requirements" for more information).
# State corrective action requirements can result from
1) the discovery of a significant deficiency, or 2) a
fecal indicator-positive source water sample.
# Failure to maintain at least 4-log treatment of
viruses occurs when a system is unable to correct
treatment failures within 4 hours. This situation
results in a treatment technique violation.
# Monitoring violations can result from failure to
adhere to state requirements for 1) triggered source
water monitoring, 2) additional source water
monitoring, 3) assessment source water monitoring,
and 4) compliance monitoring (for systems that
maintain 4-log treatment of viruses). (See "Ground
Water Rule Factsheet: Monitoring Requirements" for
more information).
Tier 1 (Immediate notice):
This tier is for violations and situations with
significant potential to have serious and
immediate adverse effects on human health as a
result of short-term exposure. Notice is required
within 24 hours.
Tier 2 (Notice as soon as possible):
This tier is for other violations and situations
with the potential to have adverse effects on
human health that do not pose an immediate
risk. Notice is required within 30 days.
Tier 3 (Annual notice):
This tier is for all other violations and situations
requiring a public notice not included in Tier 1
and Tier 2 or that do not have a direct impact on
human health. These violations are typically
monitoring and reporting violations. Notice is
required within 12 months and may be included
in the CCR, since CWSs mi
July 1st of every year
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# Significant Deficiencies are identified by the state during sanitary surveys and on other occasions.
(See "Ground Water Rule Factsheet: Sanitary Surveys" for more information).
WHAT TYPES OF SITUATIONS REQUIRE NOTIFICATION UNDER THE GWR?
Situations requiring Tier 1 PN
# A system is notified of a fecal indicator-positive ground water source sample (either a triggered
source water monitoring sample, one of its five additional samples required by a positive triggered
source water monitoring sample, or an assessment source water monitoring sample) that is not
invalidated by the state.
# A system has a replacement source water sample that is fecal indicator-positive.
> For these types of situations, CWSs must also place a Special Notice in the year's CCR and must
add the fecal indicator-positive result to the regulated contaminant table in the CCR.
Situations requiring Tier 2 PN
# A GWS has a treatment technique (TT) violation under the GWR. TT violations result from:
o Failing to comply with or be on a compliance schedule for a state-approved corrective action
plan within 720 days of being notified of a significant deficiency.
o Failing to comply with or be on a compliance schedule for a state-approved corrective action
plan within 720 days of being notified of a fecal indicator-positive source water sample.
o Failing to maintain at least 4-log treatment of viruses for more than 4 hours.
> CWSs that have TT violations must also place information about the violation in the year's
CCR.
Situations requiring Tier 3 PN
# A GWS fails to meet GWR monitoring requirements if the system:
o Fails to conduct triggered source water monitoring within 24 hours of being notified of a total
coliform-positive routine sample.
o Fails to collect five additional samples after a fecal indicator-positive triggered source water
sample (unless the state requires corrective action).
o Fails to collect a replacement source water sample within 24 hours of being notified that a
fecal indicator-positive sample has been invalidated by the state.
o Fails to conduct or follow the requirements for assessment source water monitoring as directed
by the state for existing or new sources (coming into services after November 30, 2009).
# A GWS fails to meet compliance monitoring requirements if the system:
o Does not conduct triggered source water monitoring and fails to conduct monitoring to
demonstrate compliance with 4-log treatment requirements.
^ CWSs that violate monitoring requirements must also place information about the
monitoring violation in the year's CCR.
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What special elements must be included in a
Situations requiring Special Notice
# Fecal Indicator-Positive Source Water
Sample.
o A CWS is notified of a fecal indicator-
positive triggered source water sample
that is not invalidated by the state.
o A CWS is notified that one of its required
five additional samples that is fecal
indicator-positive.
o A CWS is notified that an assessment
source water monitoring sample is fecal
indicator-positive.
# Uncorrected significant deficiency or
unaddressed fecal comtanimation.
o A CWS is unable to correct a significant
deficiency or address the fecal
contamination before the next CCR is distributed.
^ CWSs must include the Special Notice in their CCR and must continue to notify the public
annually until the significant deficiency or the fecal contamination has been addressed.
WHAT ARE THE NOTIFICATION REQUIREMENTS?
Each category of notification has different requirements. CWSs may use a variety of delivery methods
as long as these methods have been approved by the state and are used to reach as many consumers as
possible. The following table describes the GWR notification requirements.
The nature of the significant deficiency or the source
of the fecal contamination (if known).
The date the significant deficiency was identified by
the state or the dates of the fecal indicator-positive
ground water source samples.
If the fecal contamination has been addressed and the
date of such action.
For each significant deficiency or fecal contamination,
the state-approved plan and schedule for correction,
including interim measures, progress to date, and any
interim measures completed.
The potential health effects of a valid fecal indicator-
positive ground water source sample (using the health
effects language of Appendix A of subpart 0).
For GWSs with large populations of non-English
speaking consumers, information on the importance
of the notice in the appropriate language(s), as
determined by the state.
Notification Requirements
Notice Deadline for Repeated Consultation with the Delivery Methods3
Type Initial Notice Notices1 State2
Tier 1 PN
Tier 2 PN
Tier 3 PN
Special
Notice
CCR
(other
notice)
24 hours
30 days
1 year4
With the
year's CCR
With the
year's CCR
As dictated by
the state
Every 3 months
Annually
Annually
Annually
24 hours
Within 48 hours
As soon as is practical/
possible
As soon as is practical/
possible
As soon as is practical/
possible
# Broadcast media (radio or television), hand
delivery, posting, or any other method as needed to
reach as many consumers as possible.
# Mail, hand delivery, or any other method as
needed to reach as many consumers as possible.
# Mail, hand delivery (public notice delivery may be
provided by CCR if one year requirement is met), or
any other method as needed to reach as many
consumers as possible.
# A special notice must be placed in the CCR and
must include the special elements described above.
# Information about fecal indicator detections, TT
violations, and monitoring violations must also be
included in the CCR.
1 . Repeated notices are required if the violation or situation persists, unless otherwise directed by the primacy agency. Posted notices
must remain posted and may need periodic updating.
2. Systems are required to send a copy of the PN to the state within 10 days of the notification. Systems must also keep
documentation of public notices as required under § 141 .403(a)(7) for a period of not less than 3 years.
3. Primacy agencies may approve other methods.
4. EPA recommends consolidating all Tier 3 notifications required within a given year into one notice as long as the notice is issued
within 12 months of the earliest violation.
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WHAT is THE STATE'S ROLE IN GWR NOTIFICATION?
State primacy agencies can serve as a valuable resource for helping systems maintain compliance with
the GWR. States also have authority to determine the appropriate notification requirements for a GWS
following a situation or violation. Under the GWR, states must:
# Be available to consult with GWSs after a significant deficiency has been identified or a fecal
indicator-positive sample has been detected. (However, GWSs must still notify the public by the
required deadline even if the state has not been consulted.)
# Approve notification processes.
Under this rule states can:
# Require a more stringent PN tier for certain violations if it is deemed necessary to protect public
health.
# Invalidate a positive ground water source sample if it is determined that the sample is not related
to source water quality (thus, not requiring notification unless an additional sample is positive).
# Require systems to distribute additional notices if it is deemed necessary.
ADDITIONAL GUIDANCE MATERIALS
The following guidance materials for states and PWSs have been released or will be released in 2008:
Ground Water Rule: A Quick Reference Guide - This guide provides a description of the GWR and
includes critical deadlines and requirements.
www.epa.gov/ogwdw/disinfection/gwr/compliancehelp.html.
Ground Water Rule Factsheets - Including factsheets on GWR general requirements, monitoring
requirements, and Public Notice, Consumer Confidence Reports, and Special Notices.
Ground Water Sanitary Survey Guidance Manual. November 2007. EPA 815-D-07-006 - This guidance
provides states, tribes, and other primacy agencies with a brief review of the sanitary survey regulatory
provisions, give examples of what may constitute a significant deficiency, and provide a checklist of
elements that should be evaluated during the course of a sanitary survey inspection.
www.epa.gov/ogwdw/disinfection/gwr/compliancehelp.html.
Source Water Assessment Guidance Manual. September 2007. EPA 815-R-07-023 - This guidance
provides states, tribes, and other primacy agencies with a brief review of hydrogeologic sensitivity
assessments, an overview of the characteristics of a sensitive aquifer, information about how source
water assessments may be used, and information about how to determine if a sensitive aquifer has a
hydrogeologic barrier, www.epa.gov/ogwdw/disinfection/gwr/compliancehelp.html.
Ground Water Rule Source Water Monitoring Methods Guidance Manual. July 2007. EPA 815-R-07-
019 - This guidance provides GWSs, states, tribes, and other primacy agencies with a brief review of
the source water monitoring provisions. Primacy agencies may select fecal indicators (e.g., E. coli,
enterococci, coliphage) that systems would be required to test for in the ground water source sample.
The source water monitoring guidance manual provides criteria to assist primacy agencies in their
determination of which fecal indicator(s) may be most appropriate.
www.epa.gov/ogwdw/disinfection/gwr/compliancehelp.html.
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Corrective Action Guidance Manual (under development) - This guidance will provide states, tribes,
other primacy agencies and GWSs with an overview of the treatment technique requirements of the
GWR. The guidance manual will provide assistance with determining the information that should be
included in a system's corrective action plan.
Consecutive System Guide for the Ground Water Rule. July 2007. EPA 815-R-07-020 - This guidance
describes the regulatory requirements of the GWR that apply to wholesale GWSs and the consecutive
systems that receive and distribute that ground water supply.
www.epa.gov/ogwdw/disinfection/gwr/compliancehelp.html.
Complying with the Ground Water Rule: Small Entity Compliance Guide: One of the Simple Tools for
Effective Performance (STEP) Guide Series. July 2007. EPA 815-R-07-018 - This document is
intended to be an official compliance guide to the GWR for small PWSs, as required by the Small
Business Regulatory Enforcement Fairness Act of 1996. This guide contains a general introduction and
background for the GWR, describes the specific requirements of the GWR and provides information on
how to comply with those requirements, www.epa.gov/ogwdw/disinfection/gwr/compliancehelp.html.
For additional information, please contact the Safe Drinking Water Hotline at 1-800-426-4791, or
visit www.epa.gov/safewater/disinfection/gwr.
Office of Water (4606M) EPA 816-F-08-026 www.epa.gov/safewater/disinfection/gwr June 2008
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