UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
GUIDANCE FROM HOTLINE COMPENDIUM
WSGH29
Date Issued: August 1990
SUBJECT: NTNCWSs and Public Notification for Special Monitoring
SOURCE: Carl Reeverts
Title 40 CFR, Section 141.35, requires the owner or operator of a Community Water System
(CWS) on Non-Transient, Non-Community Water System (NTNCWS) to notify persons served
by the system of the availability of the results of sampling conducted under 40 CFR 141.40
(special monitoring for organic chemicals). This notification is to be accomplished by including
a notice in the first set of water bills issued by the system after the receipt of the results, or by
written notice within three months after the receipt of the results.
Since NTNCWS normally do not bill their consumers, and are allowed to post notices in order to
meet the public notification requirements under 40 CFR Section 141.32, would posting notices of
availability of the results of sampling fulfill the requirements of 40 CFR 141.35?
Response:
Although Section 141.35 does not specifically allow NTNCWS to post notices as an
option of meeting these requirements, it is EPA's intent that NTNCWS notify customers
in a manner that is most conducive to public education and appropriate to the situation.
Therefore, unless specifically precluded by the primacy State, posting a notice of
availability of monitoring results would be an acceptable method of written notification
where mail delivery is not appropriate. NTNCWS could also fulfill the requirements of
Section 141.35 by hand delivery of the notice of availability. For example, the written
notice could be included in the paychecks of workers being served by a NTNCWS.
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