§141.202 Tier 1 Public Notice -- Form, manner, and frequency of notice.

(a) Which violations or situations require a Tier 1 public notice? Table 1 of this section lists the violation categories and other situations requiring a Tier 1 public notice. Appendix A to this subpart identifies the tier assignment for each specific violation or situation. _____

   Table 1 to § 141.202_Violation Categories and Other Situations
                    Requiring a Tier 1 Public Notice
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(1) Violation of the MCL for total coliforms when fecal coliform or E.
 coli are present in the water distribution system (as specified in
 § 141.63(b)), or when the water system fails to test for fecal
 coliforms or E. coli when any repeat sample tests positive for coliform
 (as specified in § 141.21(e));
(2) Violation of the MCL for nitrate, nitrite, or total nitrate and
 nitrite, as defined in § 141.62, or when the water system 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 § 141.23(f)(2);
(3) Exceedance of the nitrate MCL by non-community water systems, where
 permitted to exceed the MCL by the primacy agency under §
 141.11(d), as required under § 141.209;
(4) Violation of the MRDL for chlorine dioxide, as defined in §
 141.65(a), 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 system does not
 take the required samples in the distribution system, as specified in
 § 141.133(c)(2)(i);
(5) Violation of the turbidity MCL under § 141.13(b), where the
 primacy agency determines after consultation that a Tier 1 notice is
 required or where consultation does not take place within 24 hours
 after the system learns of the violation;
(6) Violation of the Surface Water Treatment Rule (SWTR), Interim
 Enhanced Surface Water Treatment Rule (IESWTR) or Long Term 1 Enhanced
 Surface Water Treatment Rule (LT1ESWTR) treatment technique requirement
 resulting from a single exceedance of the maximum allowable turbidity
 limit (as identified in Appendix A), where the primacy agency
 determines after consultation that a Tier 1 notice is required or where
 consultation does not take place within 24 hours after the system
 learns of the violation;
(7) Occurrence of a waterborne disease outbreak, as defined in §
 141.2, or other waterborne emergency (such as a failure or significant
 interruption in key water treatment processes, a natural disaster that
 disrupts the water supply or distribution system, or 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 primacy agency either in its regulations
 or on a case-by-case basis.
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(b) When is the Tier 1 public notice to be provided? What additional steps are required? Public water systems must:

(1) Provide a public notice as soon as practical but no later than 24 hours after the system learns of the violation;

(2) Initiate consultation with the primacy agency as soon as practical, but no later than 24 hours after the public water system learns of the violation or situation, to determine additional public notice requirements; and

(3) Comply with any additional public notification requirements (including any repeat notices or direction on the duration of the posted notices) that are established as a result of the consultation with the primacy agency. Such requirements may include the timing, form, manner, frequency, and content of repeat notices (if any) and other actions designed to reach all persons served.

(c) What is the form and manner of the public notice? Public water systems must provide the notice within 24 hours in a form and manner reasonably calculated to reach all persons served. The form and manner used by the public water system are to fit the specific situation, but must be designed to reach residential, transient, and non-transient users of the water system. In order to reach all persons served, water systems are to use, at a minimum, one or more of the following forms of delivery:

(1) Appropriate broadcast media (such as radio and 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; or

(4) Another delivery method approved in writing by the primacy agency.

[65 FR 26035, May 4, 2000, as amended at 67 FR 1836, Jan. 14, 2002]