[31 Pa.B. 5083]
[Continued from previous Web Page]
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
Subpart C. PROTECTION OF NATURAL RESOURCES
ARTICLE II. WATER RESOURCES
CHAPTER 109. SAFE DRINKING WATER
Subchapter A. GENERAL PROVISIONS § 109.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * CCR--Consumer Confidence Report--An annual water quality report that community water systems shall deliver to their customers.
* * * * *
Subchapter B. MCLS, MRDLS OR TREATMENT TECHNIQUE REQUIREMENTS § 109.202. State MCLs, MRDLs and treatment technique requirements.
* * * * * (c) Treatment technique requirements for pathogenic bacteria, viruses and protozoan cysts. A public water system shall provide adequate treatment to reliably protect users from the adverse health effects of microbiological contaminants, including pathogenic bacteria, viruses and protozoan cysts. The number and type of treatment barriers and the efficacy of treatment provided shall be commensurate with the type, degree and likelihood of contamination in the source water.
(1) A public water supplier shall provide, as a minimum, continuous filtration and disinfection for surface water and GUDI sources. The treatment technique shall provide at least 99.9% removal and inactivation of Giardia lamblia cysts, and at least 99.99% removal and inactivation of enteric viruses. Beginning January 1, 2002, public water suppliers serving 10,000 or more people shall provide at least 99% removal of Cryptosporidium oocysts. The Department, depending on source water quality conditions, may require additional treatment as necessary to meet the requirements of this chapter and to protect the public health.
* * * * * (ii) The combined total effect of disinfection processes utilized in a filtration plant shall achieve at least a 90% inactivation of Giardia cysts and a 99.9% inactivation of viruses, as determined by CTs and measurement methods established by the EPA. The residual disinfectant concentration in the water delivered to the distribution system prior to the first customer may not be less than .2 mg/L for more than 4 hours, as demonstrated by measurement taken under § 109.301(1). Failure to maintain this level that extends beyond 4 hours constitutes a breakdown in treatment [under § 109.402 (relating to emergency public notification)]. A system which experiences a breakdown in treatment shall, under § 109.701(a)(3) (relating to reporting and recordkeeping), notify the Department within 1 hour after the water system learns of the violation or the situation, and shall provide public notice in accordance with § 109.408 (relating to Tier 1 public notice--form, manner and frequency of notice).
* * * * *
Subchapter C. MONITORING REQUIREMENTS § 109.301. General monitoring requirements.
The monitoring requirements established by the EPA under the National Primary Drinking Water Regulations, 40 CFR Part 141 (relating to national primary drinking water regulations), as of December 8, 1984, are incorporated by reference. Public water suppliers shall monitor for compliance with MCLs and MRDLs in accordance with the requirements established in the National Primary Drinking Water Regulations, except as otherwise established by this chapter unless increased monitoring is required by the Department under § 109.302 (relating to special monitoring requirements). Alternative monitoring requirements may be established by the Department and may be implemented in lieu of monitoring requirements for a particular National Primary Drinking Water Regulation if the alternative monitoring requirements are in conformance with the Federal act and regulations. The monitoring requirements shall be applied as follows:
(1) Performance monitoring for filtration and disinfection. A public water supplier providing filtration and disinfection of surface water or GUDI sources shall conduct the performance monitoring requirements established by the EPA under the National Primary Drinking Water Regulations, unless increased monitoring is required by the Department under § 109.302.
(i) Except as provided under subparagraphs (ii) and (iii), a public water supplier:
* * * * * (C) Shall continuously monitor and record the residual disinfectant concentration of the water being supplied to the distribution system and record both the lowest value for each day and the number of periods each day when the value is less than .2 mg/L for more than 4 hours. If a public water system's continuous monitoring or recording equipment fails, the public water supplier may, upon notification of the Department under [§ 109.402 (relating to emergency public notification)] § 109.701(a)(3) (relating to reporting and recordkeeping), substitute grab sampling or manual recording every 4 hours in lieu of continuous monitoring. Grab sampling or manual recording may not be substituted for continuous monitoring or recording for longer than 5 days after the equipment fails.
* * * * * (2) Performance monitoring for unfiltered surface water and GUDI. A public water supplier using unfiltered surface water or GUDI sources shall conduct the following source water and performance monitoring requirements on an interim basis until filtration is provided, unless increased monitoring is required by the Department under § 109.302:
(i) Except as provided under subparagraphs (ii) and (iii), a public water supplier:
* * * * * (D) Shall continuously monitor the residual disinfectant concentration required under § 109.202(c)(1)(iii) (relating to State MCLs, MRDLs and treatment technique requirements) of the water being supplied to the distribution system and record the lowest value for each day. If a public water system's continuous monitoring equipment fails, the public water supplier may, upon notification of the Department under § [109.402] 109.701(a)(3), substitute grab sampling every 4 hours in lieu of continuous monitoring. Grab sampling may not be substituted for continuous monitoring for longer than 5 days after the equipment fails.
* * * * * (3) Monitoring requirements for coliforms. Public water systems shall determine the presence or absence of total coliforms for each routine or check sample; and, the presence or absence of fecal coliforms or E. coli for a total coliform positive sample in accordance with analytical techniques approved by the Department under § 109.304 (relating to analytical requirements). A system may forego fecal coliform or E. coli testing on a total coliform-positive sample if the system assumes that any total coliform-positive sample is also fecal coliform-positive. A system which chooses to forego fecal coliform or E. coli testing shall, under § [109.402(1)] 109.701(a)(3), notify the Department within 1 hour [of when the system is first notified of the total coliform-positive sample result] after the water system learns of the violation or the situation, and shall provide public notice in accordance with § 109.408 (relating to Tier 1 public notice--form, manner and frequency of notice).
* * * * * (7) Monitoring requirements for IOCs. Community water systems and nontransient noncommunity water systems shall monitor for compliance with the MCLs for IOCs established by the EPA under 40 CFR 141.62 (relating to maximum contaminant levels (MCLs) for inorganic contaminants), and for arsenic established by the EPA under 40 CFR 141.11 (relating to maximum contaminant levels for inorganic contaminants). Transient noncommunity water suppliers shall monitor for compliance with the MCLs for nitrate and nitrite. The monitoring shall be conducted according to the requirements established by the EPA under 40 CFR 141.23 (relating to inorganic chemical sampling and analytical requirements). The requirements are incorporated by reference except as modified by this chapter.
* * * * * (ii) Monitoring requirements for nitrate and nitrite. The following compliance monitoring for nitrite is not required at entry points receiving water which has been disinfected with free chlorine, chlorine dioxide or ozone:
* * * * * (C) Repeat monitoring for systems with nitrate or nitrite levels equal to or greater than 50% of the MCL.
* * * * * (V) For nitrate or nitrite sample results in excess of the MCLs, the water supplier shall take a confirmation sample within 24 hours of having received the original sample result. A water supplier that is unable to comply with the 24-hour sampling requirement shall immediately notify persons served by the public water system in accordance with § 109.408 (relating to Tier 1 public notice--form, manner and frequency of notice), and meet other Tier 1 public notification requirements. Systems exercising this option shall take and analyze a confirmation sample within 2 weeks of notification of the analytical results of the first sample.
(VI) Noncommunity water systems for which an alternate nitrate level has been approved by the Department in accordance with 40 CFR 141.11(d) are not required to collect a confirmation sample if only the nitrate MCL is exceeded and nitrate is not in excess of the alternate nitrate level. If the alternate nitrate level is exceeded, the water supplier shall collect a confirmation sample within 24 hours after being advised by the certified laboratory performing the analysis that the compliance sample exceeded 20 mg/L for nitrate. Confirmation monitoring shall be completed by the deadline for compliance monitoring. Quarterly performance monitoring is required for nitrate and nitrite at entry points where treatment has been installed to remove nitrate or nitrite.
* * * * * § 109.302. Special monitoring requirements.
* * * * * [(f) The special monitoring requirements for unregulated contaminants established by the EPA under 40 CFR 141.40 (relating to special monitoring for organic chemicals) are incorporated by reference. Community water systems and nontransient noncommunity water systems serving 150 or more service connections or 500 or more persons shall monitor for the unregulated contaminants listed by the EPA under 40 CFR 141.40(n)(11) in accordance with the initial monitoring schedule for SOCs in § 109.301(7), and for sulfate listed under 40 CFR 141.40(n)(12). For sulfate, one sample shall be taken at each entry point by December 31, 1995. The Department will grant a waiver from conducting monitoring for an unregulated contaminant under 40 CFR 141.40(n)(11) based on a determination that the contaminant was not previously used, transported, stored or disposed of in the watershed or wellhead protection area Zones I and II, or the source is not susceptible to contamination by the contaminant based on the factors listed under § 109.301(6)(v). Entry points obtaining finished water from another public water system are exempt from monitoring that finished water for the unregulated contaminants listed by the EPA under 40 CFR 141.40(n)(11) and (12).]
[(g)] (f) * * *
* * * * * [(h)] (g) The Department may reduce or eliminate the monitoring required by subsection [(g)] (f) if the public water supplier demonstrates and the Department determines that the source of supply is not directly influenced by surface water.
Subchapter D. PUBLIC NOTIFICATION (Editor's Note: As part of this proposed rulemaking, the Department is proposing to delete the text of §§ 109.401--109.406, which currently appears in 25 Pa. Code pages 109-48--109.54, serial pages (207228)--(207234).)
§§ 109.401--109.406. (Reserved).
(Editor's Note: The text in §§ 109.407--109.416 is proposed to be added. It is being printed in regular print to enhance readability.)
§ 109.407. General public notification requirements.
(a) Violation categories and other situations requiring a public notice. A public water supplier shall give public notice for the following circumstances:
(1) Failure to comply with an applicable State primary MCL or MRDL in Subchapter B (relating to MCLs, MRDLs or treatment technique requirements).
(2) Failure to comply with a prescribed treatment technique requirement in Subchapter B or K (relating to MCLs, MRDLs or treatment technique requirements; and lead and copper).
(3) Failure to perform water quality monitoring, as required by Subchapter C (relating to monitoring requirements) or Subchapter K.
(4) Operation under a variance or an exemption under Subchapter I (relating to variances and exemptions issued by the Department).
(5) Failure to comply with the requirements of any schedule that has been set under a variance or exemption.
(6) Occurrence of a waterborne disease outbreak or other waterborne emergency.
(7) Availability of unregulated contaminant monitoring data.
(8) Exceedance of the nitrate MCL by noncommunity water systems, when permitted by the Department in writing to exceed the MCL in accordance with 40 CFR 141.11(d) (relating to MCLs for inorganic contaminants).
(9) Other violations and situations determined by the Department to require a public notice.
(b) Definition of public notice tiers. Public notice requirements are divided into three tiers, to take into account the seriousness of the violation or situation and any potential adverse health effects that may be involved. The public notice requirements for each violation or situation identified in subsection (a) is determined by the tier to which it is assigned. This subchapter incorporates by reference the tier assignment for each specific violation or situation in the National Primary Drinking Water Regulations, 40 CFR Part 141, Subpart Q, Appendix A (relating to the tier assignment for each specific NPDWR violation and other situations requiring public notice), unless other tier assignments are established by regulations or order of the Department.
(1) Tier 1 public notice. Required for violations and situations specified in subsection (a) with significant potential to have serious adverse effects on human health as a result of short-term exposure. General violation categories and other situations requiring a Tier 1 public notice are specified in § 109.408(a) (relating to Tier 1 public notice--form, manner and frequency of notice).
(2) Tier 2 public notice. Required for all other violations and situations in subsection (a) with potential to have serious adverse effects on human health. General violation categories and other situations requiring a Tier 2 public notice are specified in § 109.409(a) (relating to Tier 2 public notice--form, manner and frequency of notice).
(3) Tier 3 public notice. Required for all other violations and situations in subsection (a) not included in Tier 1 and Tier 2. General violation categories and other situations requiring a Tier 3 public notice are specified in § 109.410(a) (relating to Tier 3 public notice--form, manner and frequency of notice).
(c) Public notice recipients.
(1) A public water supplier shall provide public notice to persons served by the public water system, in accordance with this subchapter. A public water system that sells or otherwise provides drinking water to another public water system, such as to a consecutive water, bulk water hauling or vended water system, shall give public notice to the owner or operator of the other water system. The other water system is responsible for ensuring that public notice is provided to the persons it serves.
(2) If a public water system has a violation in a portion of the distribution system that is physically or hydraulically isolated from other parts of the distribution system, the Department may allow the water supplier to limit distribution of the public notice to only persons served by that portion of the system which is out of compliance. Permission for limiting distribution of the notice shall be granted in writing by the Department.
(3) If a public water system has a violation involving a point-of-entry (POE) device, the Department may allow the water supplier to limit distribution of the public notice to only persons served by that POE device. Permission for limiting distribution of the notice shall be granted in writing by the Department.
(4) If a community water system has a Tier 1 violation, the water supplier shall also notify key public officials as designated in the community water system's emergency response plan under § 109.707(a) (relating to emergency response plan).
(5) If a noncommunity water system in which persons 17 years of age or under are cared for or educated, such as a school or day care center, has a Tier 1 violation, the water supplier shall also provide public notice directly to the parent or guardian of those persons.
(6) A water supplier shall provide a copy of the notice to the Department in accordance with the requirements under 109.701(a)(4) (relating to reporting and recordkeeping).
§ 109.408. Tier 1 public notice--form, manner and frequency of notice.
(a) General violation categories and other situations requiring a Tier 1 public notice. A public water supplier shall provide Tier 1 public notice for the following circumstances:
(1) Violation of the MCL for total coliforms when fecal coliforms or E. coli are present in the water distribution system, as specified in § 109.202(a)(2) (relating to MCLs, MRDLs or treatment technique requirements), or when the water supplier fails to test for fecal coliforms or E. coli when any check sample tests positive for coliforms, as specified in § 109.301(3) (relating to general monitoring requirements).
(2) Violation of the MCL for nitrate, nitrite or total nitrate and nitrite, as defined in § 109.202(a)(2), or when the water supplier fails to take a confirmation sample within 24 hours of the system's receipt of the first sample showing an exceedance of the nitrate or nitrite MCL, as specified in § 109.301(7)(ii)(C)(V).
(3) Exceedance of the nitrate MCL by noncommunity water systems, where permitted by the Department in writing to exceed the MCL in accordance with 40 CFR 141.11(d) (relating to maximum contaminant levels for inorganic chemicals).
(4) Violation of the MRDL for chlorine dioxide, as defined in § 109.202(f)(2), when one or more samples taken in the distribution system the day following an exceedance of the MRDL at the entrance of the distribution system exceed the MRDL, or when the water supplier does not take the required samples in the distribution system, as specified in § 109.301.
(5) Violation of the turbidity MCL of 5 NTU based on an average for 2 consecutive days by a public water system using an unfiltered surface water source, as specified in § 109.202(a)(2).
(6) Violation of a treatment technique requirement for pathogenic bacteria, viruses and protozoan cysts as defined in § 109.202(c), resulting from a single exceedance of the maximum allowable turbidity limit.
(7) Occurrence of a waterborne disease outbreak, as defined in § 109.1 (relating to general provisions), or other waterborne emergency including, but not limited to, the following:
(i) Failure or significant interruption in key water treatment processes.
(ii) A natural disaster that disrupts the water supply or distribution system.
(iii) A chemical spill or unexpected loading of possible pathogens into the source water that significantly increases the potential for drinking water contamination.
(8) Other violations or situations with significant potential to have serious adverse effects on human health as a result of short-term exposure, as determined by the Department on a case-by-case basis.
(b) Timing for a Tier 1 public notice. A public water supplier shall do the following:
(1) Provide a public notice as soon as possible, but no later than 24 hours after the water supplier learns of the violation or situation under subsection (a).
(2) Report the circumstances to the Department within 1 hour of discovery of the violation or situation in accordance with § 109.701(a)(3) (relating to reporting and recordkeeping).
(3) Initiate consultation with the Department as soon as possible, but no later than 24 hours after the water supplier learns of the violation or situation, to determine initial and any additional public notice requirements.
(4) Comply with initial and any additional public notification requirements that are established as a result of the consultation with the Department. These requirements may include the timing, form, manner, duration, frequency, and content of the initial and any repeat notices, and other actions designed to reach all persons served. The repeat notice frequency, if applicable, for a Tier 1 public notice shall be established as a result of the consultation, but shall be no less stringent than the repeat notice frequency specified for a Tier 2 public notice under § 109.409(b)(3) (relating to Tier 2 public notice-- form, manner and frequency of notice).
(c) Form and manner of a Tier 1 public notice. The form and manner used by a public water supplier shall fit the specific situation and shall be designed to reach residential, transient, and nontransient users of the water system. To reach all persons served, a water supplier shall use, at a minimum, one or more of the following forms of delivery:
(1) Appropriate broadcast media, such as radio or television.
(2) Posting of the notice in conspicuous locations throughout the area served by the water system.
(3) Hand delivery of the notice to persons served by the water system.
(4) Another delivery method approved in writing by the Department.
§ 109.409. Tier 2 public notice--form, manner and frequency of notice.
(a) General violation categories and other situations requiring a Tier 2 public notice. A public water supplier shall provide Tier 2 public notice for the following circumstances:
(1) All violations of the primary MCL, MRDL and treatment technique requirements in Subchapter B or K (relating to MCLs, MRDLs or treatment technique requirements; and lead and copper), except where a Tier 1 notice is required under § 109.408 (relating to Tier 1 public notice--form, manner and frequency of notice) or when the Department determines that a Tier 1 notice is required. The tier assignment for fluoride is not incorporated by reference. Under § 109.202(d) (relating to MCLs, MRDLs or treatment technique requirements), a public water system shall comply with the primary MCL for fluoride of 2 mg/L. As such, a public water supplier shall provide Tier 2 public notice for violation of the primary MCL for fluoride.
(2) Violations of the monitoring requirements in Subchapter C (relating to monitoring requirements) or Subchapter K, when the Department determines that a Tier 2 rather than a Tier 3 public notice is required, taking into account potential health impacts and persistence of the violation.
(3) Failure to comply with the terms and conditions of any variance or exemption in place under Subchapter I (relating to variances and exemptions issued by the Department).
(b) Timing for a Tier 2 public notice. A public water supplier shall do the following:
(1) Report the circumstances to the Department within 1 hour of discovery of a violation under subsection (a)(1), in accordance with § 109.701(a)(3) (relating to reporting and recordkeeping).
(2) Provide the public notice as soon as possible, but no later than 30 days after the system learns of the violation. If the public notice is posted, the notice shall remain in place for as long as the violation or situation persists, but in no case for less than 7 days, even if the violation or situation is resolved. The Department may, in appropriate circumstances, allow additional time for the initial notice of up to 3 months from the date the system learns of the violation. The Department will not grant an extension across the board or for an unresolved violation. Extensions granted by the Department shall be in writing.
(3) Repeat the notice every 3 months as long as the violation or situation persists, unless the Department determines that appropriate circumstances warrant a different repeat notice frequency. In no circumstances, may the repeat notice be given less frequently than once per year. The Department will not allow less frequent repeat notices across the board; or for an MCL violation for total coliforms established under § 109.202(a)(2); or for a violation of a treatment technique requirement for pathogenic bacteria, viruses and protozoan cysts as defined in § 109.202(c); or for other ongoing violations. Determinations granted by the Department for less frequent repeat notices shall be in writing.
(c) Form and manner of a Tier 2 public notice. A public water supplier shall provide the initial public notice and any repeat notices in a form and manner that is designed to reach all persons served in the required time period. The form and manner of the public notice may vary based on the specific situation and type of water system, but the public water supplier shall at a minimum meet the following requirements:
(1) Unless directed otherwise by the Department in writing, community water systems shall provide notice using the following forms of delivery:
(i) Mail or other direct delivery to each customer receiving a bill and to other service connections to which water is delivered by the public water system.
(ii) Any other method designed to reach other persons regularly served by the system, if they would not normally be reached by the notice required in subparagraph (i). Those persons may include those who do not pay water bills or do not have service connection addresses such as house renters, apartment dwellers, university students, nursing home patients or prison inmates. Other methods may include publication in a local newspaper, delivery of multiple copies for distribution by customers that provide their drinking water to others (such as, apartment building owners or large private employers), posting in public places served by the system or on the Internet or delivery to community organizations.
(2) Unless directed otherwise by the Department in writing, noncommunity water systems shall provide notice using the following forms of delivery:
(i) Posting the notice in conspicuous locations throughout the distribution system frequented by persons served by the system, or by mail or direct delivery to each customer and service connection, when known.
(ii) Any other method designed to reach other persons served by the system if they would not normally be reached by the notice required in subparagraph (i). Those persons may include those served who may not see a posted notice because the posted notice is not in a location they routinely pass by. Other methods may include publication in a local newspaper or newsletter distributed to customers, use of e-mail to notify employees or students or delivery of multiple copies in central locations such as community centers.
§ 109.410. Tier 3 public notice--form, manner and frequency of notice.
(a) General violation categories and other situations requiring a Tier 3 public notice. A public water supplier shall provide Tier 3 public notice for the following circumstances:
(1) Monitoring violations under Subchapter C or K (relating to monitoring requirements; and lead and copper), except when a Tier 1 notice is required under § 109.408 (relating to Tier 1 public notice--form, manner and frequency of notice) or where the Department determines that a Tier 2 notice is required.
(2) Operation under a variance or an exemption granted under Subchapter I (relating to variances and exemptions issued by the Department).
(3) Availability of unregulated contaminant monitoring results, as required under 40 CFR 141.40 (relating to monitoring requirements for unregulated contaminants).
(b) Timing for a Tier 3 public notice.
(1) A public water supplier shall provide the public notice no later than 1 year after the public water system learns of the violation or situation or begins operating under a variance or exemption. Following the initial notice, the water supplier shall repeat the notice annually for as long as the violation, variance, exemption or other situation persists. If the public notice is posted, the notice shall remain in place for as long as the violation, variance, exemption or other situation persists, but in no case shall the initial and annual repeat notice be posted for less than 7 days (even if the violation or situation is resolved).
(2) Instead of individual Tier 3 public notices, a public water supplier may use an annual report detailing all violations and situations that occurred during the previous 12 months, as long as the timing requirements of paragraph (1) are met.
(c) Form and manner of a Tier 3 public notice. A public water supplier shall provide the initial notice and any repeat notices in a form and manner that is designed to reach all persons served in the required time period. The form and manner of the public notice may vary based on the specific situation and type of water system, but the public water supplier shall, at a minimum, meet the following requirements:
(1) Unless directed otherwise by the Department in writing, community water systems shall provide notice using the following forms of delivery:
(i) Mail or other direct delivery to each customer receiving a bill and to other service connections to which water is delivered by the public water system.
(ii) Any other method designed to reach other persons regularly served by the system, if they would not normally be reached by the notice required in subparagraph (i). Those persons may include those who do not pay water bills or do not have service connection addresses such as house renters, apartment dwellers, university students, nursing home patients or prison inmates. Other methods may include publication in a local newspaper, delivery of multiple copies for distribution by customers that provide their drinking water to others (such as, apartment building owners or large private employers), posting in public places or on the Internet or delivery to community organizations.
(2) Unless directed otherwise by the Department in writing, noncommunity water systems shall provide notice using the following forms of delivery: (i) Posting the notice in conspicuous locations throughout the distribution system frequented by persons served by the system, or by mail or direct delivery to each customer and service connection, if known.
(ii) Any other method designed to reach other persons served by the system, if they would not normally be reached by the notice required in subparagraph (i). Those persons may include those who may not see a posted notice because the notice is not in a location they routinely pass by. Other methods may include publication in a local newspaper or newsletter distributed to customers, use of e-mail to notify employees or students or delivery of multiple copies in central locations such as community centers.
(d) Use of a CCR to meet the Tier 3 public notice requirements. For community water systems, the CCR required under § 109.416 (relating to CCR requirements) may be used as a vehicle for the initial Tier 3 public notice and all required repeat notices, as long as the following conditions are met:
(1) The CCR is provided to persons served no later than 12 months after the system learns of the violation or situation as required under subsection (b).
(2) The Tier 3 notice contained in the CCR follows the content requirements under § 109.411 (relating to content of a public notice).
(3) The CCR is distributed following the delivery requirements under § 109.410(c) (relating to Tier 3 public notice--form, manner and frequency of notice).
§ 109.411. Content of a public notice.
(a) Elements of a public notice. When a public water system is required to give public notice under this subchapter, each public notice shall include the following elements:
(1) A description of the violation or situation, including the contaminants of concern, and (as applicable) the contaminant levels.
(2) When the violation or situation occurred.
(3) Any potential adverse health effects from the violation or situation, including the standard language under subsection (d)(1) or (2), whichever is applicable.
(4) The population at risk, including subpopulations particularly vulnerable if exposed to the contaminant in their drinking water.
(5) Whether alternative water supplies should be used.
(6) What actions consumers should take, including when they should seek medical help, if known.
(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 telephone number of the water system owner, operator or designee of the public water system as a source of additional information concerning the notice.
(10) A statement to encourage the notice recipient to distribute the public notice to other persons served, using the standard language under subsection (d)(3), where applicable.
(b) Elements of a public notice for public water systems operating under a variance or exemption.
(1) If a public water system has been granted a variance or an exemption under Subchapter I (relating to variances and exemptions issued by the Department), the public notice shall contain the following elements:
(i) An explanation of the reason for the variance or exemption.
(ii) The date on which the variance or exemption was issued.
(iii) A brief status report on the steps the system is taking to install treatment, find alternative sources of water, or otherwise comply with the terms and schedules of the variance or exemption.
(iv) A notice of any opportunity for public input in the review of the variance or exemption.
(2) If a public water system violates the conditions of a variance or exemption, the public notice shall contain the ten elements listed in subsection (a).
(c) Presentation of a public notice.
(1) Each public notice required by this section shall:
(i) Be displayed in a conspicuous way when printed or posted.
(ii) Not contain overly technical language or very small print.
(iii) Not be formatted in a way that defeats the purpose of the notice.
(iv) Not contain language that nullifies the purpose of the notice.
(2) Each public notice required by this section shall comply with multilingual requirements, as follows:
(i) For public water systems serving a large proportion of non-English-speaking consumers, as determined by the Department, the public notice shall contain information in the appropriate languages regarding the importance of the notice or contain a telephone number or address where persons served may contact the water system to obtain a translated copy of the notice or to request assistance in the appropriate language.
(ii) Until the Department determines whether a system serves an area with a large proportion of non-English speaking consumers, the public water system shall include in the public notice the same information as in subparagraph (i), when appropriate, to reach a large proportion of non-English-speaking persons served by the water system.
(d) Standard language for a public notice. Public water systems shall include the following standard language in their public notice:
(1) Standard health effects language for primary MCL or MRDL violations, treatment technique violations, and violations of the condition of a variance or exemption. Public water systems shall include in each public notice appropriate health effects language. This subchapter incorporates by reference the health effects language specified in 40 CFR Part 141, Subpart Q, Appendix B (relating to standard health effects language for public notification), corresponding to each primary MCL, MRDL and treatment technique violation listed in 40 CFR Part 141, Subpart Q, Appendix A (relating to NPDWR violations and other situations requiring public notice), and for each violation of a condition of a variance or exemption, unless other health effects language is established by regulations or order of the Department. The health effects language for fluoride is not incorporated by reference. Public water systems shall include the following health effects language in each Tier 2 public notice for violation of the primary MCL of 2 mg/L for fluoride:
''Some people who drink water containing fluoride in excess of 4 mg/L over many years could get bone disease, including pain and tenderness of the bones. Fluoride in drinking water in excess of 2 mg/L may cause mottling of children's teeth, usually in children less than 9 years old. Mottling, also known as dental fluorosis, may include brown staining and/or pitting of the teeth, and occurs only in developing teeth before they erupt from the gums.''(2) Standard language for violations of monitoring requirements. Public water systems shall include the following language in their notice, including the language necessary to fill in the blanks, for all violations of monitoring requirements listed in 40 CFR Part 141, Subpart Q, Appendix A:
''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 your drinking water meets health standards. During [insert compliance period], we ''did not monitor or test'' or ''did not complete all monitoring or testing'' for [insert contaminant(s)], and therefore cannot be sure of the quality of your drinking water during that time.''(3) Standard language to encourage the distribution of the public notice to all persons served. Public water systems shall include in their notice the following language, if applicable:
''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.''§ 109.412. Special notice of the availability of unregulated contaminant monitoring results.
(a) Timing for a special notice. A community water system or nontransient, noncommunity water system required to monitor for an unregulated contaminant under 40 CFR 141.40 (relating to monitoring requirements for unregulated contaminants) shall notify persons served by the system of the availability of the results of the sampling no later than 12 months after the monitoring results are known.
(b) Form and manner of a special notice. The form and manner of the public notice shall follow the requirements for a Tier 3 public notice prescribed in § 109.410 (relating to Tier 3 public notice--form, manner and frequency of notice). A public water system may use an annual report or CCR to notify persons served by the system of the availability of the results of the sampling as long as the requirements under § 109.410(d) are met. The notice shall also identify a person and provide the telephone number to contact for information on the monitoring results.
§ 109.413. Special notice for nitrate exceedances above MCL by noncommunity water systems, where granted permission by the Department.
(a) Timing for a special notice. A noncommunity water system granted permission by the Department in writing in accordance with 40 CFR 141.11(d) (relating to maximum contaminant levels for inorganic chemicals) to exceed the nitrate MCL shall provide notice to persons served according to the requirements for a Tier 1 notice under § 109.408(a) and (b) (relating to Tier 1 public notice--form, manner and frequency of notice).
(b) Form and manner of a special notice. Noncommunity water systems granted permission by the Department in writing to exceed the nitrate MCL in accordance with 40 CFR 141.11(d) shall provide continuous posting of the fact that nitrate levels exceed 10 mg/L and include the potential health effects of exposure, according to the requirements for a Tier 1 notice delivery under § 109.408(c) and the content requirements under § 109.411 (relating to content of a public notice).
§ 109.414. Notice to new billing units or new customers.
(a) Requirements for community water systems. Community water systems shall give a copy of the most recent public notice for any continuing violation, the existence of a variance or exemption, or other ongoing situations requiring a public notice to all new billing units or new customers prior to or at the time service begins.
(b) Requirements for noncommunity water systems. Noncommunity water systems shall continuously post the public notice in conspicuous locations to inform new consumers of any continuing violation, variance or exemption, or other situation requiring a public notice for as long as the violation, variance, exemption or other situation persists.
§ 109.415. Notice by the Department on behalf of the public water system.
If a public water supplier fails to give notice to the public as required by this subchapter, the Department may perform this notification on behalf of the supplier of water and may assess costs of notification on the responsible water supplier.
(1) Public notice given by the Department on behalf of the public water system. If the Department gives the public notice required by this subchapter on behalf of the public water supplier, the Department shall comply with this subchapter.
(2) Public water system responsibilities when public notice is given by the Department. If the Department gives public notice, the public water supplier remains responsible for ensuring that the requirements of this subchapter are met.
§ 109.416. CCR requirements.
This section applies only to community water systems and establishes the minimum requirements for the content of the annual CCR that each system must deliver to its customers. This report shall contain information on the quality of the water delivered by the system and characterize the risks, if any, from exposure to contaminants detected in the drinking water in an accurate and understandable manner.
(1) For the purposes of this section, the definitions of ''customer'' and ''detected'' established by the EPA under 40 CFR 141.151(c) and (d) (relating to definitions), respectively, are incorporated by reference.
(2) Each community water system shall deliver to its customers an annual CCR on the dates established by the EPA under 40 CFR 141.152 (relating to effective dates), which is incorporated by reference.
(3) Except as noted in subparagraphs (i)--(v), the annual report that a community water system provides to its customers shall contain all of the information, mandatory language and optional text specified by the EPA under 40 CFR 141.153 and 141.154 (relating to content of the reports; and required additional health information), which are incorporated by reference, and under 40 CFR 141, Subpart O, Appendix A (relating to regulated contaminants), which is incorporated by reference.
(i) If a water system wants to use wording of its own choice in place of optional text, the water supplier shall submit the proposed wording to the Department for review and written approval prior to including it in its annual CCR. Once approved, the water supplier's wording may be used in future CCRs without further approval from the Department as long as it is not changed and is still applicable.
(ii) Until the Department determines whether a system serves an area with a large proportion of non-English- speaking residents, the system shall include the same information as found in 40 CFR 141.153(h)(3) in the system's annual report in the appropriate languages to reach a large proportion of non-English-speaking persons served by the system.
(iii) For the purpose of defining how certain portions of a CCR shall appear, the term ''prominently display'' as used in 40 CFR 141.154(a) shall mean that the information shall be printed either in a larger size typeface or bolded or enclosed within a border or all these so as to make the information conspicuous in comparison to the rest of the text appearing before and after the prominently displayed text. Prominently displayed text placed away from other text (such as, in a highlighted or boxed area) shall be printed no smaller than the text used elsewhere in the body of the report, excluding main or section titles.
(iv) Information contained in a CCR shall appear in an easy-to-read format. Small font sizes or color combinations, or both, that make it difficult for persons to read and understand the information contained in the CCR may not be used.
(v) Information in a CCR added in accordance with 40 CFR 141.153(h)(5) (relating to additional information that may be added to a CCR) will be considered as detracting from the purpose of the report if the additional information requires the text used in the CCR to be reduced to a size that is difficult to read.
(4) Report delivery and recordkeeping. Each community water system shall do the following:
(i) Mail or otherwise directly deliver to each customer and to the Department one copy of the annual CCR no later than the date the water system is required to distribute the CCR to its customers.
(ii) Make a good faith effort to reach consumers who do not get water bills. The Department will determine ''good faith'' based on those methods identified in 40 CFR 141.155(b) (relating to delivery requirements), which are incorporated by reference.
(iii) Submit in writing to the Department no later than 3 months after the delivery of the annual CCR:
(A) A certification that the annual CCR has been distributed to customers and that the information contained in the report is correct and consistent with the compliance monitoring data previously submitted to the Department.
(B) A description of what was done to meet the good faith effort requirement described in subparagraph (ii).
(iv) If another Pennsylvania agency or commission also regulates the community water system, submit a copy of the system's annual CCR to the other agency or commission upon the specific request of that agency or commission no later than the date the water system is required to distribute the CCR to its customers. Each State agency or commission shall determine the way it requests a copy of the system's CCR. Those agencies or commissions may include, but are not limited to, the following:
(A) The Pennsylvania Public Utility Commission and the Office of Consumer Advocate in the Office of the Attorney General, for water systems that are public utilities regulated under 66 Pa.C.S. (relating to Public Utility Code).
(B) The Department of Public Welfare for self-contained community water systems serving personal care or other group housing facilities.
(C) The Department of Health, for self-contained community water systems serving skilled healthcare facilities.
(v) Make copies of its annual CCR available to the public on request.
(vi) If a community water system serves 100,000 or more people, post its current year's report to a publicly accessible site on the Internet.
(vii) Retain copies of each annual CCR and the related information required in paragraph (3) on the premises of the system or at a convenient location near the premises for no less than 3 years after the date of its delivery to customers.
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