PURPOSE: This rule establishes the timing, content, method, and other requirements for notifying the public of violations of the public drinking water rules, situations with potential to have adverse effects on human health, and grants of variances and exemptions. Public notice requirements are divided into three (3) tiers, to take into account the seriousness of the violation or situation and of any potential adverse health effects that may be involved. The public notice requirements for each violation or situation are determined by the tier to which it is assigned.

1. (1) General Information and Requirements.

   1. (A) Types of Violations and Other Situations Requiring Public Notice.

      1. 1. Failure to comply with an applicable

maximum contaminant level (MCL) or maximum residual disinfectant levels (MRDL).

1. 2. Failure to comply with a prescribed

treatment technique.

1. 3. Failure to perform required water

quality monitoring as required by drinking water regulations.

1. 4. Failure to comply with testing proce-

dures as prescribed by a drinking water regulation.

1. 5. Operation under a variance or an

exemption.

1. 6. Failure to comply with the require-

ments of any schedule that has been set under a variance or exemption.

1. 7. Special public notice.
2. 8. Occurrence of a waterborne disease

outbreak or other waterborne emergency.

1. 9. Exceedance of the nitrate MCL by

noncommunity water systems where granted permission by the department;

1. 10. Exceedance of the secondary maxi-

mum contaminant level (SMCL) for fluoride.

1. 11. Availability of unregulated contami-

nant monitoring data.

1. 12. Other violations and situations

determined by the department to require a public notice.

1. (B) Type of Notice Required for Each Violation or Situation. Public notice requirements are divided into three (3) tiers, to take into account the seriousness of the violation or situation and of any potential adverse health effects that may be involved. The three

1. (3) tiers are described and specific requirements are set forth in sections (2)–(4) of this rule. The public notice requirements for each violation or situation are determined by the tier to which it is assigned.

   1. (C) Persons Notified and Responsibility for Public Notice.

      1. 1. The owner or operator of the public

water system shall provide public notice to persons served by the water system in accordance with this rule. Public water systems that sell or otherwise provide drinking water to other public water systems (that is, to consecutive systems) are required to give public notice to the owner or operator of the consecutive system. The consecutive system is responsible for providing public notice to the persons it serves.

1. 2. If the public water system has a vio-

lation 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 system to limit distribution of the public notice to only persons served by that portion of the system which is out of compliance. The department’s approval will be in writing.

1. 3. A copy of the public notice shall be

sent to the department within ten (10) days of completion of notifying the affected public.

1. (2) Tier 1 Public Notice.

   1. (A) Violation Categories and Other Situations Requiring a Tier 1 Public Notice.

      1. 1. Tier 1 public notice is required for

violations or other situations with significant potential to have serious adverse effects on human health as a result of short-term exposure.

1. 2. Specific violations and other situa-

tions requiring Tier 1 notice include:

1. A. Violation of the MCL for E. coli

as specified in 10 CSR 60-4.022(10)(A);

1. B. Violation of the MCL for nitrate,

nitrite, or total nitrate and nitrite, or when the water system fails to take a confirmation sample within twenty-four (24) hours of the system’s receipt of the first sample showing an exceedance of the nitrate or nitrite MCL;

1. C. Exceedance of the nitrate MCL by

noncommunity water systems where permitted by the department to exceed the MCL;

1. D. Violation of the MRDL for chlo-

rine dioxide, when one (1) 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;

1. E. Violation of a treatment technique

requirement pursuant to 10 CSR 60-4.050 resulting from a single exceedance of the maximum allowable turbidity limit, where the department determines after consultation that the violation has significant potential to 10 CSR 60-8

have serious adverse effects on human health or where the system fails to consult with the department within twenty-four (24) hours after the system learns of the violation;

1. F. Occurrence of a waterborne disease

outbreak or other waterborne emergency (such as 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);

1. G. Detection of E. coli, enterococci,

or coliphage in source water samples as specified in 10 CSR 60-4.025(3)(A) and 10 CSR 60-4.025(3)(B); and

1. H. Other violations or situations with

significant potential to have serious adverse effects on human health as a result of shortterm exposure, as determined by the department either in regulation or on a case-by-case basis.

1. (B) Timing of Tier 1 Public Notice. The public water system owner or operator shall:

   1. 1. Provide public notice as soon as prac-

tical but no later than twenty-four (24) hours after the system learns of the violation or situation;

1. 2. Initiate consultation with the depart-

ment to determine any additional public notice requirements as soon as practical, but no later than twenty-four (24) hours after the public water system learns of the violation or situation, except that the department may allow additional time in the event of extenuating circumstances beyond the control of the public water system, such as a natural disaster; and

1. 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 department. Such requirements may include the time, form, manner, frequency, and content of repeat notice (if any) and other actions designed to reach all persons served.

1. (C) Form and Manner of Tier 1 Public Notice.

   1. 1. The owner or operator of the public

water system shall use the health effects language in section (11) of this rule for MCL violations requiring Tier 1 public notice.

1. 2. Tier 1 public notice shall be provided

within twenty-four (24) hours in a form and manner reasonably calculated to reach all persons served. The form and manner used by the public water system shall fit the specific situation and be designed to reach residential, transient, and nontransient users of the water system using one (1) or more of the following forms of delivery:

1. A. Appropriate broadcast media,

such as radio and television;

1. B. Posting the notice in conspicuous

locations throughout the area served by the water system;

1. C. Hand delivery of the notice to per-

sons served by the water system; or

1. D. Another delivery method approved

in writing by the department.

1. (3) Tier 2 Public Notice.

   1. (A) Violation Categories and Other Situations Requiring a Tier 2 Public Notice.

      1. 1. Tier 2 public notice is required for

violations and other situations with potential to have serious adverse effects on human health.

1. 2. Specific violations and other situa-

tions requiring Tier 2 notice.

1. A. Tier 2 notice is required for viola-

tions of MCL, MRDL, or treatment technique requirements, except where a Tier 1 notice is required or where a Tier 1 notice is determined by the department, for the following: microbiological contaminants; inorganic contaminants (IOCs); synthetic organic contaminants (SOCs); volatile organic contaminants (VOCs); radiological contaminants; disinfection byproducts, byproduct precursors, and disinfectant residuals; treatment techniques for acrylamide, epichlorohydrin, turbidity, lead, and copper; and other situations determined by the department to require Tier 2 notice. Systems with treatment technique violations involving a single exceedance of a maximum turbidity limit under 10 CSR 60-4.050 must initiate consultation with the department within twenty-four (24) hours of learning of the violation. Based on this consultation the department may subsequently decide to elevate the violation to Tier 1. If a system is unable to make contact with the department in the twenty-four- (24-) hour period, the violation is automatically elevated to Tier 1.

1. B. Failure to comply with the terms

and conditions of a variance or exemption.

1. C. Violations of the monitoring and

testing procedure requirements where 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. This includes but is not limited to collecting no total coliform samples during the applicable monitoring period at the discretion of the department.

1. D. Failure to take corrective action or

failure to maintain at least 4-log treatment of viruses (using inactivation, removal, or a department-approved combination of 4-log virus inactivation and removal) before or at the first customer under 10 CSR 60- 4.025(4)(A).

1. (B) Timing of Tier 2 Public Notice.

   1. 1. Public water systems must provide the

public notice as soon as possible, but not later than thirty (30) days after the system learns of the violation. If the public notice is posted, the notice must remain in place for as long as the violation or situation persists, but in no case for less than seven (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 three (3) months from the date the system learns of the violation. The department will not grant an extension to the thirty- (30-) day deadline for any unresolved violation or provide across-the-board extensions for other violations or situations requiring a Tier 2 public notice. Extensions granted by the department will be in writing.

1. 2. The public water system must repeat

the notice every three (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 circumstance may the repeat notice be given less frequently than once per year. The department will not allow less frequent repeat notice for an MCL violation pursuant to 10 CSR 60-4.022 or a treatment technique violation pursuant to 10 CSR 60- 4.050 or 10 CSR 60-4.052. The department will not allow across-the-board reductions in the repeat notice frequency for other ongoing violations requiring a Tier 2 repeat notice. The department’s determinations allowing repeat notices to be given less frequently than once every three (3) months will be in writing.

1. 3. For violations of the maximum tur-

bidity level and for violations of the treatment technique requirements pursuant to 10 CSR 60-4.050 resulting from a single exceedance of the maximum allowable turbidity limit, public water systems must consult with the department as soon as practical but no later than twenty-four (24) hours after the public water system learns of the violation to determine whether a Tier 1 public notice is required to protect public health. When consultation does not take place within the twenty-four- (24-) hour period, the water system must distribute a Tier 1 notice of the violation within the next twenty-four (24) hours (that is, no later than forty-eight (48) hours after the system learns of the violation).

1. (C) Form and Manner of Tier 2 Public Notice. Public water systems must provide the initial public notice and any repeat notices in a form and manner reasonably calculated to reach 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 must, at a minimum, meet the following requirements:

   1. 1. Unless directed otherwise by the

department in writing, community water systems must provide notice by:

1. A. 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; and

1. B. Any other method reasonably cal-

culated to reach other persons regularly served by the system, if they would not normally be reached by mail or direct delivery. Such persons may include those who do not pay water bills or do not have service connection addresses (e.g., house renters, apartment dwellers, university students, nursing home patients, prison inmates, etc.). These other methods may include: publication in a local newspaper or newsletter; delivery of multiple copies for distribution by customers that provide their drinking water to others; posting in public places served by the system or on the Internet; or delivery to community organizations.

1. 2. Unless directed otherwise by the

department in writing, noncommunity water systems must provide notice by:

1. A. 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 (where known); and

1. B. Any other method reasonably cal-

culated to reach other persons served by the system if they would not normally be reached by posting in a conspicuous location, mail, or direct delivery. Such persons include those served who may not see a posted notice because the posted notice is not in a location they routinely pass by. These 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 (e.g., community centers).

1. (4) Tier 3 Public Notice.

   1. (A) Violation Categories and Other Situations Requiring a Tier 3 Public Notice.

      1. 1. Tier 3 public notice is required for all

other violations and situations not included in Tier 1 and Tier 2.

1. 2. Specific violations and other situa-

tions requiring Tier 3 public notice include:

1. A. Monitoring violations or failure to

comply with a testing procedure, except where a Tier 1 notice is specifically required or where the department determines that a Tier 2 notice is required, for the following: microbiological contaminants; inorganic contaminants (IOCs); synthetic organic contaminants (SOCs); volatile organic contaminants (VOCs); radiological contaminants; disinfection byproducts, byproduct precursors, and disinfectant residuals; treatment techniques for lead and copper. Specific exceptions are listed under sections (2) and (3) of this rule;

1. B. Operation under a variance or

exemption;

1. C. Exceedance of the fluoride SMCL;
2. D. Reporting and recordkeeping vio-

lations under 10 CSR 60-4.022, 10 CSR 60- 7.010(11), and 10 CSR 60-9.010(4)-(5); and

1. E. Other violations or situations

determined by the department either in regulation or on a case-by-case basis.

1. (B) Timing of Tier 3 Public Notice.

   1. 1. Public water systems must provide the

public notice not later than one (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 public water system must repeat the notice annually for as long as the violation, variance, exemption, or other situation persists. If the public notice is posted, the notice must remain in place for as long as the violation, situation, variance, or exemption persists, but in no case less than seven (7) days (even if the violation or situation is resolved).

1. 2. Instead of individual Tier 3 public

notices, a public water system may use an annual report detailing all violations and situations that occurred during the previous twelve (12) months as long as the timing requirements of paragraph (4)(B)1. of this rule are met.

1. (C) Form and Manner of Tier 3 Public Notice. Public water systems must provide the initial notice and any repeat notices in a form and manner that is reasonably calculated to reach 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 it must at a minimum meet the following requirements:

   1. 1. Unless directed otherwise by the

department in writing, community water systems must provide notice by:

1. A. 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; and

1. B. Any other method reasonably cal-

culated to reach other persons regularly served by the system, if they would not normally be reached by mail or other direct delivery. Such persons may include those who do not pay water bills or do not have service connection addresses (for example, house renters, apartment dwellers, university students, nursing home patients, prison inmates, etc.). Other methods may include: publication in a local newspaper; delivery of multiple copies for distribution by customers that provide their drinking water to others (for example, apartment building owners or large private employers); posting in public places or on the Internet; or delivery to community organizations.

1. 2. Unless directed otherwise by the

department in writing, noncommunity water systems must provide notice by:

1. A. 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 (where known); and

1. B. Any other method reasonably cal-

culated to reach other persons served by the system, if they would not normally be reached by posting, mail, or direct delivery. Such 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 customer; use of e-mail to notify employees or students; or, delivery of multiple copies in central locations (for example, community centers).

1. (D) Use of Consumer Confidence Report to Meet Tier 3 Requirement. For community water systems, the Consumer Confidence Report (CCR) may be used for the Tier 3 public notice as long as:

   1. 1. The CCR is provided to persons

served no later than twelve (12) months after the system learns of the violation or situation.

1. 2. The Tier 3 notice contained in the

CCR follows the content requirements under section (5) of this rule; and

1. 3. The CCR is distributed following the

delivery requirements under subsection (4)(C) of this rule.

1. (5) Content of the Public Notice.

   1. (A) Public Notice for Violations and Other Situations, Including Violation of a Condition of a Variance or Exemption. The public notice must include:

      1. 1. A description of the violation or situ-

ation, including the contaminant(s) of concern, and (as applicable) the contaminant level(s);

1. 2. When the violation or situation

occurred;

1. 3. Any potential adverse health effects

from the violation or situation including the standard language under paragraph (5)(D)1. or (5)(D)2. of this rule, whichever is applicable;

1. 4. The population at risk, including sub-

populations particularly vulnerable if exposed to the contaminant in their drinking water;

1. 5. Whether alternative water supplies

should be used;

1. 6. What actions consumers should take,

including when they should seek medical help, if known; 10 CSR 60-8

1. 7. What the system is doing to correct

the violation or situation;

1. 8. When the water system expects to

return to compliance or resolve the situation;

1. 9. The name, business address, and

phone number of the water system owner, operator, or designee of the public water system as a source of additional information concerning the notice; and

1. 10. A statement to encourage the notice

recipient to distribute the public notice to other persons served, using the standard language under paragraph (5)(D)3. of this rule, where applicable.

1. (B) Public Notice for Variances and Exemptions. If a public water system has been granted a variance or an exemption, the public notice must contain:

   1. 1. An explanation of the reasons for the

variance or exemption;

1. 2. The date on which the variance or

exemption was issued.

1. 3. 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; and

1. 4. A notice of any opportunity for the

public input in the review of the variance or exemption.

1. (C) Presentation of the Public Notice.

   1. 1. Each public notice:

      1. A. Must be displayed in a conspicu-

ous way when printed or posted;

1. B. Must not contain overly technical

language or very small print;

1. C. Must not be formatted in a way

that defeats the purpose of the notice;

1. D. Must not contain language which

nullifies the purpose of the notice.

1. 2. Each public notice must comply with

multilingual requirements as follows:

1. A. Where the department has deter-

mined the public water system serves a large proportion of non-English speaking consumers, the public notice must contain information in the appropriate language(s) 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;

1. B. Where the department has not

made a determination regarding the proportion of non-English speaking consumers, the public notice must contain the same information as in subparagraph (5)(C)2.A. of this rule; and

1. C. Where the department has deter-

mined there is not a large proportion of non- English speaking customers, no multilingual requirement applies.

1. (D) Standard Language Included in the Notice. Public water system owners and operators are required to include the following standard language in their public notice:

   1. 1. For MCL, MRDL, and treatment

technique violations, and violation of the condition of a variance or exemption, the public notice must include the health effects language specified in section (11) of this rule corresponding to the violation.

1. 2. Public water systems must include the

following language in their notice, including the language necessary to fill in the blanks, for all monitoring and testing procedure violations requiring public notice: “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 {compliance period}, we {“did not monitor or test”} or {“did not complete all monitoring or testing”} for {contaminants(s)} and therefore cannot be sure of the quality of your drinking water during that time.”

1. 3. Public water systems must include the

following language in their notice (where applicable) to encourage the distribution of the public notice to all persons served: “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.”

1. (6) Notice to New Billing Units or Customers.

   1. (A) Community Water Systems. Community water systems must 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.
   2. (B) Noncommunity Water Systems. Noncommunity water systems must continuously post the public notice in conspicuous locations in order 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.
2. (7) Reserved.
3. (8) Reserved.

4. (9) Special Public Notices.

   1. (A) Special Notice for the Availability of Unregulated Contaminant Monitoring Results.

      1. 1. Timing of the special notice. The

owner or operator of a community water system or nontransient noncommunity water system required to monitor for unregulated contaminants under Environmental Protection Agency’s (EPA’s) Unregulated Contaminant Monitoring Rule must notify persons served by the system of the availability of the results of such sampling no later than twelve (12) months after the monitoring results are known.

1. 2. Form and manner of special notice.

The form and manner of the public notice shall follow the requirements for a Tier 3 public notice. The notice shall also identify a person and provide the telephone number to contact for information on the monitoring results.

1. (B) Special Notice for the Exceedance of the Secondary Maximum Contaminant Level (SMCL) for Fluoride.

   1. 1. Timing of the special notice. Com-

munity water systems that exceed the fluoride SMCL of 2 mg/L determined by the last single sample taken in accordance with 10 CSR 60-4.030, but do not exceed the MCL of 4 mg/L for fluoride, must provide the public notice in paragraph (9)(B)3. of this rule to persons served. Public notice must be provided as soon as practical, but no later than twelve (12) months from the day the water system learns of the exceedance. A copy of the notice must also be provided to all new billing units and customers at the time service begins and to the state public health officer. The public water system must repeat the notice at least annually for as long as the SMCL is exceeded. If the public notice is posted, the notice must remain in place for as long as the SMCL is exceeded, but in no case less than seven (7) days (even if the exceedance is eliminated). On a case-by-case basis, the department may require an initial notice sooner than twelve (12) months and repeat notices more frequently than annually.

1. 2. Form and manner of the special

notice. The form and manner of the public notice (including repeat notices) must follow the requirements for a Tier 3 public notice in subsection (4)(C) and paragraphs (4)(D)1. and (4)(D)3. of this rule.

1. 3. Mandatory language. The notice must

contain the following language, including language necessary to fill in the blanks: “This is an alert about your drinking water and a cosmetic dental problem that might affect children under nine (9) years of age. At low levels, fluoride can help prevent cavities, but children drinking water containing more than two (2) milligrams per liter (mg/L) of fluoride may develop cosmetic discoloration of their permanent teeth (dental fluorosis). The drinking water provided by your community water system {name} has a fluoride concentration of {insert value} mg/L. “Dental fluorosis, in its moderate or severe forms, may result in a brown staining and/or pitting of the permanent teeth. This problem occurs only in developing teeth, before they erupt from the gums. Children under nine (9) should be provided with alternative sources of drinking water or water that has been treated to remove the fluoride to avoid the possibility of staining and pitting of their permanent teeth. You may also want to contact your dentist about proper use by young children of fluoride-containing products. Older children and adults may safely drink the water. “Drinking water containing more than four (4) mg/L of fluoride (the maximum contaminant level for fluoride) can increase your risk of developing bone disease. Your drinking water does not contain more than four (4) mg/L of fluoride, but we are required to notify you when we discover that the fluoride levels in your drinking water exceed two (2) mg/L because of this cosmetic dental problem. “For more information, please call {name of community water system} at {phone number}. Some home water treatment units are also available to remove fluoride from drinking water. To learn more about available home water treatment units, you may call NSF International at 1-877-8-NSF-HELP.”

1. (C) Special Notice for Nitrate Exceedances Above the MCL by Noncommunity Water Systems.

   1. 1. The owner or operator of a noncom-

munity water system granted permission by the department to exceed the nitrate MCL shall provide notice to persons served according to the requirements for a Tier 1 notice.

1. 2. The owner or operator shall provide

continuous posting of the fact that nitrate levels exceed ten (10) mg/L and the potential health effects of exposure, according to the requirements for Tier 1 notice delivery under section (2) and the content requirements under section (5) of this rule.

1. (D) Special notice for repeated failure to conduct monitoring of the source water for Cryptosporidium and for failure to determine bin classification or mean Cryptosporidium level.

   1. 1. The owner or operator of a commu-

nity or noncommunity water system that is required to monitor source water under 10 CSR 60-4.052(2) must notify persons served by the water system that monitoring has not been completed as specified no later than thirty (30) days after the system has failed to collect any three (3) months of monitoring as specified in 10 CSR 60-4.052(2)(C). The notice must be repeated as specified in 10 CSR 60-8.010(3).

1. 2. Special notice for failure to determine

bin classification or mean Cryptosporidium level. The owner or operator of a community or noncommunity water system that is required to determine a bin classification under 10 CSR 60-4.052(10) must notify persons served by the water system that the determination has not been made as required no later than thirty (30) days after the system has failed to report the determination as specified in 10 CSR 60-4.052(10)(E). The notice must be repeated as specified in 10 CSR 60- 8.010(3). The notice is not required if the system is complying with a departmentapproved schedule to address the violation.

1. 3. Form and manner of the special

notice. The form and manner of the public notice must follow the requirements for a Tier 2 public notice prescribed in subsection (3)(C) of this rule. The public notice must be presented as required in section (3) of this rule.

1. 4. Mandatory language that must be

contained in the special notice. The notice must contain the following language, including the language necessary to fill in the blanks.

1. A. The special notice for repeated

failure to conduct monitoring must contain the following language: “We are required to monitor the source of your drinking water for Cryptosporidium. Results of the monitoring are to be used to determine whether water treatment at the {treatment plant name} is sufficient to adequately remove Cryptosporidium from your drinking water. We are required to complete this monitoring and make this determination by {required bin determination date}. We did not monitor or test or did not complete all monitoring or testing on schedule and, therefore, we may not be able to determine by the required date what treatment modifications, if any, must be made to ensure adequate Cryptosporidium removal. Missing this deadline may, in turn, jeopardize our ability to have the required treatment modifications, if any, completed by the deadline required, {date}. For more information, please call {name of water system contact} of {name of water system} at {phone number}.”

1. B. The special notice for failure to

determine bin classification or mean Cryptosporidium level must contain the following language: “We are required to monitor the source of your drinking water for Cryptosporidium in order to determine by {date} whether water treatment at the {treatment plant name} is sufficient to adequately remove Cryptosporidium from your drinking water. We have not made this determination by the required date. Our failure to do this may jeopardize our ability to have the required treatment modifications, if any, completed by the required deadline of {date}. For more information, please call {name of water system contact} of {name of water system} at {phone number}.”

1. C. Each special notice must also

include a description of what the system is doing to correct the violation and when the system expects to return to compliance or resolve the situation.

1. (10) Notice Given by the Department on Behalf of the Public Water System.

   1. (A) The department may give the notice required by this rule on behalf of the owner and operator of the public water system.
   2. (B) The owner or operator of the public water system remains responsible for ensuring that the requirements of this rule are met.

2. (11) Standard Health Effects Language for Public Notification.

   1. (A) Microbiological Contaminants.

      1. 1. Total Coliform. “Coliforms are bac-

teria that are naturally present in the environment and are used as an indicator that other, potentially harmful pathogens may be present or that a potential pathway exists through which contamination may enter the drinking water distribution system. We found coliforms indicating the need to look for potential problems in the water treatment or distribution. When this occurs, we are required to conduct assessment(s) to identify problems and to correct any problems that were found during these assessments.”

1. 2. E. coli. “E. coli are bacteria whose

presence indicates that the water may be contaminated with human or animal wastes. Human pathogens in these wastes can cause short-term effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a greater health risk for infants, young children, the elderly, and people with severely compromised immune systems.”

1. 3. Fecal indicators under the Ground

Water Rule (E. coli, enterococci, coliphage). “Fecal indicators are microbes whose presence indicates that the water may be contaminated with human or animal wastes. Microbes in these wastes can cause shortterm health effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a special health risk for infants, young children, some of the elderly, and people with severely compromised immune systems.”

1. 4. Treatment technique violations under

the Ground Water Rule. “Inadequately treated or inadequately protected water may contain disease-causing organisms. These organisms can cause symptoms such as diarrhea, nausea, cramps, and associated headaches.”

1. 5. Revised Total Coliform Rule Treat-

ment Technique violations for Coliform Assessment and/or Corrective Action. “Col- 10 CSR 60-8

iforms are bacteria that are naturally present in the environment and are used as an indicator that other, potentially harmful waterborne pathogens may be present or that a potential pathway exists through which contamination may enter the drinking water distribution system. We found coliforms indicating the need to look for potential problems in water treatment or distribution. When this occurs, we are required to conduct assessments to identify problems and to correct any problems that are found. {THE SYSTEM MUST USE THE FOL- LOWING APPLICABLE SENTENCES.} We failed to conduct the required assessment. We failed to correct all identified sanitary defects that were found during the assessment(s).”

1. 6. Revised Total Coliform Rule Treat-

ment Technique violations for E. coli Assessment and/or Corrective Action. “E. coli are bacteria whose presence indicates that the water may be contaminated with human or animal wastes. Human pathogens in these wastes can cause short-term effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a greater health risk for infants, young children, the elderly, and people with severely compromised immune systems. We violated the standard for E. coli, indicating the need to look for potential problems in water treatment or distribution. When this occurs, we are required to conduct a detailed assessment to identify problems and to correct any problems that are found. {THE SYSTEM MUST USE THE FOL- LOWING APPLICABLE SENTENCES.} We failed to conduct the required assessment. We failed to correct all identified sanitary defects that were found during the assessment that we conducted.”

1. 7. Revised Total Coliform Rule Season-

al System Treatment Technique violations. When this violation includes the failure to monitor for total coliforms or E. coli prior to serving water to the public, the mandatory language found at 10 CSR 60-8.010(5)(D)2. must be used. When this violation includes failure to complete other actions, the appropriate elements found in 10 CSR 60- 8.010(5)(A) to describe the violation must be used.

1. 8. Turbidity. “Turbidity has no health

effects. However, turbidity can interfere with disinfection and provide a medium for microbial growth. Turbidity may indicate the presence of disease-causing organisms. These organisms include bacteria, viruses, and parasites that can cause symptoms such as nausea, cramps, diarrhea, and associated headaches.”

1. (B) Surface Water Treatment Rule (SWTR), Interim Enhanced Surface Water Treatment Rule (IESWTR), Long-Term 1 Enhanced Surface Water Treatment Rule, and Filter Backwash Recycling Rule (FBRR) Violations.

   1. 1. Giardia lamblia. “Inadequately treat-

ed water may contain disease-causing organisms. These organisms include bacteria, viruses, and parasites which can cause symptoms such as nausea, cramps, diarrhea, and associated headaches.”

1. 2. Viruses. “Inadequately treated water

may contain disease-causing organisms. These organisms include bacteria, viruses, and parasites which can cause symptoms such as nausea, cramps, diarrhea, and associated headaches.”

1. 3. Heterotrophic plate count (HPC) bac-

teria. “Inadequately treated water may contain disease-causing organisms. These organisms include bacteria, viruses, and parasites which can cause symptoms such as nausea, cramps, diarrhea, and associated headaches.”

1. 4. Legionella. “Inadequately treated

water may contain disease-causing organisms. These organisms include bacteria, viruses, and parasites which can cause symptoms such as nausea, cramps, diarrhea, and associated headaches.”

1. 5. Cryptosporidium. “Inadequately treat-

ed water may contain disease-causing organisms. These organisms include bacteria, viruses, and parasites which can cause symptoms such as nausea, cramps, diarrhea, and associated headaches.”

1. (C) Inorganic Chemicals (IOCs).

   1. 1. Antimony. “Some people who drink

water containing antimony well in excess of the MCL over many years could experience increases in blood cholesterol and decreases in blood sugar.”

1. 2. Arsenic. “Some people who drink

water containing arsenic in excess of the MCL over many years could experience skin damage or problems with their circulatory system, and may have an increased risk of getting cancer.”

1. 3. Asbestos (>10 μm). “Some people

who drink water containing asbestos in excess of the MCL over many years may have an increased risk of developing benign intestinal polyps.”

1. 4. Barium. “Some people who drink

water containing barium in excess of the MCL over many years could experience an increase in their blood pressure.”

1. 5. Beryllium. “Some people who drink

water containing beryllium well in excess of the MCL over many years could develop intestinal lesions.”

1. 6. Cadmium. “Some people who drink

water containing cadmium in excess of the MCL over many years could experience kidney damage.”

1. 7. Chromium (total). “Some people who

use water containing chromium well in excess of the MCL over many years could experience allergic dermatitis.”

1. 8. Cyanide. “Some people who drink

water containing cyanide well in excess of the MCL over many years could experience nerve damage or problems with their thyroid.”

1. 9. Fluoride. “Some people who drink

water containing fluoride in excess of the MCL over many years could get bone disease, including pain and tenderness of the bones. Fluoride in drinking water at half the MCL or more may cause mottling of children’s teeth, usually in children less than nine 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.”

1. 10. Mercury (inorganic). “Some people

who drink water containing inorganic mercury well in excess of the MCL over many years could experience kidney damage.”

1. 11. Nitrate. “Infants below the age of six

months who drink water containing nitrate in excess of the MCL could become seriously ill and, if untreated, may die. Symptoms include shortness of breath and blue-baby syndrome.”

1. 12. Nitrite. “Infants below the age of six

months who drink water containing nitrite in excess of the MCL could become seriously ill and, if untreated, may die. Symptoms include shortness of breath and blue-baby syndrome.”

1. 13. Total Nitrate and Nitrite. “Infants

below the age of six months who drink water containing nitrate and nitrite in excess of the MCL could become seriously ill and, if untreated, may die. Symptoms include shortness of breath and blue-baby syndrome.”

1. 14. Selenium. “Selenium is an essential

nutrient. However, some people who drink water containing selenium in excess of the MCL over many years could experience hair or fingernail losses, numbness in fingers or toes, or problems with their circulation.”

1. 15. Thallium. “Some people who drink

water containing thallium in excess of the MCL over many years could experience hair loss, changes in their blood, or problems with their kidneys, intestines, or liver.”

1. (D) Lead and Copper Rule.

   1. 1. Lead. “Infants and children who

drink water containing lead in excess of the action level could experience delays in their physical or mental development. Children could show slight deficits in attention span and learning abilities. Adults who drink this water over many years could develop kidney problems or high blood pressure.”

1. 2. Copper. “Copper is an essential nutri-

ent, but some people who drink water containing copper in excess of the action level over a relatively short amount of time could experience gastrointestinal distress. Some people who drink water containing copper in excess of the action level over many years could suffer liver or kidney damage. People with Wilson’s Disease should consult their personal doctor.”

1. (E) Synthetic Organic Chemicals (SOCs).

   1. 1. 25. 2,4-D. “Some people who drink

water containing the weed killer 2,4-D well in excess of the MCL over many years could experience problems with their kidneys, liver, or adrenal glands.”

1. 2. 26. 2,4,5-TP (Silvex). “Some people

who drink water containing silvex in excess of the MCL over many years could experience liver problems.”

1. 3. Alachlor. “Some people who drink

water containing alachlor in excess of the MCL over many years could have problems with their eyes, liver, kidneys, or spleen, or experience anemia, and may have an increased risk of getting cancer.”

1. 4. Atrazine. “Some people who drink

water containing atrazine well in excess of the MCL over many years could experience problems with their cardiovascular system or reproductive difficulties.”

1. 5. Benzo(a)pyrene (PAHs). “Some people

who drink water containing benzo(a)pyrene in excess of the MCL over many years may experience reproductive difficulties and may have an increased risk of getting cancer.”

1. 6. Carbofuran. “Some people who drink

water containing carbofuran in excess of the MCL over many years could experience problems with their blood, or nervous or reproductive systems.”

1. 7. Chlordane. “Some people who drink

water containing chlordane in excess of the MCL over many years could experience problems with their liver, or nervous system, and may have an increased risk of getting cancer.”

1. 8. Dalapon. “Some people who drink

water containing dalapon well in excess of the MCL over many years could experience minor kidney changes.”

1. 9. Di(2-ethylhexyl)adipate. “Some peo-

ple who drink water containing di (2-ethylhexyl) adipate well in excess of the MCL over many years could experience toxic effects such as, weight loss, liver enlargement, or possible reproductive difficulties.”

1. 10. Di(2-ethylhexyl)phthalate. “Some

people who drink water containing di (2- ethylhexyl) phthalate in excess of the MCL over many years may have problems with their liver, or experience reproductive difficulties, and may have an increased risk of getting cancer.”

1. 11. Dibromochloropropane (DBCP).

“Some people who drink water containing DBCP in excess of the MCL over many years could experience reproductive difficulties and may have an increased risk of getting cancer.”

1. 12. Dinoseb. “Some people who drink

water containing dinoseb well in excess of the MCL over many years could experience reproductive difficulties.”

1. 13. Dioxin (2,3,7,8-TCDD). “Some

people who drink water containing dioxin in excess of the MCL over many years could experience reproductive difficulties and may have an increased risk of getting cancer.”

1. 14. Diquat. “Some people who drink

water containing diquat in excess of the MCL over many years could get cataracts.”

1. 15. Endothall. “Some people who drink

water containing endothall in excess of the MCL over many years could experience problems with their stomach or intestines.”

1. 16. Endrin. “Some people who drink

water containing endrin in excess of the MCL over many years could experience liver problems.”

1. 17. Ethylene dibromide. “Some people

who drink water containing ethylene dibromide in excess of the MCL over many years could experience problems with their liver, stomach, reproductive system, or kidneys, and may have an increased risk of getting cancer.”

1. 18. Glyphosate. “Some people who

drink water containing glyphosate in excess of the MCL over many years could experience problems with their kidneys or reproductive difficulties.”

1. 19. Heptachlor. “Some people who

drink water containing heptachlor in excess of the MCL over many years could experience liver damage and may have an increased risk of getting cancer.”

1. 20. Heptachlor epoxide. “Some people

who drink water containing heptachlor epoxide in excess of the MCL over many years could experience liver damage, and may have an increased risk of getting cancer.”

1. 21. Hexachlorobenzene. “Some people

who drink water containing hexachlorobenzene in excess of the MCL over many years could experience problems with their liver or kidneys, or adverse reproductive effects, and may have an increased risk of getting cancer.”

1. 22. Hexachlorocyclopentadiene. “Some

people who drink water containing hexachlorocyclopentadiene well in excess of the MCL over many years could experience problems with their kidneys or stomach.”

1. 23. Lindane. “Some people who drink

water containing lindane in excess of the MCL over many years could experience problems with their kidneys or liver.”

1. 24. Methoxychlor. “Some people who

drink water containing methoxychlor in excess of the MCL over many years could experience reproductive difficulties.”

1. 25. Oxamyl (Vydate). “Some people

who drink water containing oxamyl in excess of the MCL over many years could experience slight nervous system effects.”

1. 26. Pentachlorophenol. “Some people

who drink water containing pentachlorophenol in excess of the MCL over many years could experience problems with their liver or kidneys, and may have an increased risk of getting cancer.”

1. 27. Picloram. “Some people who drink

water containing picloram in excess of the MCL over many years could experience problems with their liver.”

1. 28. Polychlorinated biphenyls (PCBs).

“Some people who drink water containing PCBs in excess of the MCL over many years could experience changes in their skin, problems with their thymus gland, immune deficiencies, or reproductive or nervous system difficulties, and may have an increased risk of getting cancer.”

1. 29. Simazine. “Some people who drink

water containing simazine in excess of the MCL over many years could experience problems with their blood.”

1. 30. Toxaphene. “Some people who

drink water containing toxaphene in excess of the MCL over many years could have problems with their kidneys, liver, or thyroid, and may have an increased risk of getting cancer.”

1. (F) Volatile Organic Chemicals (VOCs).

   1. 1. Benzene. “Some people who drink

water containing benzene in excess of the MCL over many years could experience anemia or a decrease in blood platelets, and may have an increased risk of getting cancer.”

1. 2. Carbon tetrachloride. “Some people

who drink water containing carbon tetrachloride in excess of the MCL over many years could experience problems with their liver and may have an increased risk of getting cancer.”

1. 3. Chlorobenzene (monochloroben-

zene). “Some people who drink water containing chlorobenzene in excess of the MCL over many years could experience problems with their liver or kidneys.”

1. 4. o-Dichlorobenzene. “Some people

who drink water containing o-dichlorobenzene well in excess of the MCL over many years could experience problems with their liver, kidneys, or circulatory systems.”

1. 5. p-Dichlorobenzene. “Some people

who drink water containing p-dichlorobenzene in excess of the MCL over many years could experience anemia, damage to their liver, kidneys, or spleen, or changes in their blood.”

1. 6. 1,2-Dichloroethane. “Some people

who drink water containing 1,2- dichloroethane in excess of the MCL over many years may have an increased risk of getting cancer.”

1. 7. 1,1-Dichloroethylene. “Some people

who drink water containing 1,1-dichloroethylene in excess of the MCL over many years 10 CSR 60-8

could experience problems with their liver.”

1. 8. cis-1,2-Dichloroethylene. “Some

people who drink water containing cis-1,2- dichloroethylene in excess of the MCL over many years could experience problems with their liver.”

1. 9. trans-1,2-Dichloroethylene. “Some

people who drink water containing trans-1,2- dichloroethylene well in excess of the MCL over many years could experience problems with their liver.”

1. 10. Dichloromethane. “Some people

who drink water containing dichloromethane in excess of the MCL over many years could have liver problems and may have an increased risk of getting cancer.”

1. 11. 1,2-Dichloropropane. “Some people

who drink water containing 1,2-dichloropropane in excess of the MCL over many years may have an increased risk of getting cancer.”

1. 12. Ethylbenzene. “Some people who

drink water containing ethylbenzene well in excess of the MCL over many years could experience problems with their liver or kidneys.”

1. 13. Styrene. “Some people who drink

water containing styrene well in excess of the MCL over many years could have problems with their liver, kidneys, or circulatory system.”

1. 14. Tetrachloroethylene. “Some people

who drink water containing tetrachloroethylene in excess of the MCL over many years could have problems with their liver, and may have an increased risk of getting cancer.”

1. 15. Toluene. “Some people who drink

water containing toluene well in excess of the MCL over many years could have problems with their nervous system, kidneys, or liver.”

1. 16. 1,2,4-Trichlorobenzene. “Some

people who drink water containing 1,2,4- trichlorobenzene well in excess of the MCL over many years could experience changes in their adrenal glands.”

1. 17. 1,1,1-Trichloroethane. “Some peo-

ple who drink water containing 1,1,1- trichloroethane in excess of the MCL over many years could experience problems with their liver, nervous system, or circulatory system.”

1. 18. 1,1,2-Trichloroethane. “Some peo-

ple who drink water containing 1,1,2- trichloroethane well in excess of the MCL over many years could have problems with their liver, kidneys, or immune systems.”

1. 19. Trichloroethylene. “Some people

who drink water containing trichloroethylene in excess of the MCL over many years could experience problems with their liver and may have an increased risk of getting cancer.”

1. 20. Vinyl chloride. “Some people who

drink water containing vinyl chloride in excess of the MCL over many years may have an increased risk of getting cancer.”

1. 21. Xylenes (total). “Some people who

drink water containing xylenes in excess of the MCL over many years could experience damage to their nervous system.”

1. (G) Radioactive Contaminants.

   1. 1. Beta/photon emitters. “Certain min-

erals are radioactive and may emit forms of radiation known as photons and beta radiation. Some people who drink water containing beta and photon emitters in excess of the MCL over many years may have an increased risk of getting cancer.”

1. 2. Alpha emitters (Gross alpha). “Cer-

tain minerals are radioactive and may emit a form of radiation known as alpha radiation. Some people who drink water containing alpha emitters in excess of the MCL over many years may have an increased risk of getting cancer.”

1. 3. Combined radium (226 & 228).

“Some people who drink water containing radium 226 or 228 in excess of the MCL over many years may have an increased risk of getting cancer.”

1. 4. Uranium. “Some people who drink

water containing uranium in excess of the MCL over many years may have an increased risk of getting cancer and kidney toxicity.”

1. (H) Disinfection Byproducts, Byproduct Precursors, and Disinfectant Residuals.

   1. 1. Total trihalomethanes (TTHMs).

“Some people who drink water containing trihalomethanes in excess of the MCL over many years may experience problems with their liver, kidneys, or central nervous system, and may have an increased risk of getting cancer.”

1. 2. Haloacetic Acids (HAA). “Some peo-

ple who drink water containing haloacetic acids in excess of the MCL over many years may have an increased risk of getting cancer.”

1. 3. Bromate. “Some people who drink

water containing bromate in excess of the MCL over many years may have an increased risk of getting cancer.”

1. 4. Chlorite. “Some infants and young

children who drink water containing chlorite in excess of the MCL could experience nervous system effects. Similar effects may occur in fetuses of pregnant women who drink water containing chlorite in excess of the MCL. Some people may experience anemia.”

1. 5. Chlorine. “Some people who use

drinking water containing chlorine well in excess of the MRDL could experience irritating effects to their eyes and nose. Some people who drink water containing chlorine well in excess of the MRDL could experience stomach discomfort.”

1. 6. Chloramines. “Some people who use

drinking water containing chloramines well in excess of the MRDL could experience irritating effects to their eyes and nose. Some people who drink water containing chloramines well in excess of the MRDL could experience stomach discomfort or anemia.”

1. 7. Chlorine dioxide.

   1. A. Where any two (2) consecutive

daily samples taken at the entrance to the distribution system are above the MRDL. “Some infants and young children who drink water containing chlorine dioxide in excess of the MRDL could experience nervous system effects. Similar effects may occur in fetuses of pregnant women who drink water containing chlorine dioxide in excess of the MRDL. Some people may experience anemia. The chlorine dioxide violations reported today are the result of exceedances at the treatment facility only, not within the distribution system which delivers water to consumers. Continued compliance with chlorine dioxide levels within the distribution system minimizes the potential risk of these violations to consumers.”

1. B. Where one (1) or more distribution

system samples are above the MRDL. “Some infants and young children who drink water containing chlorine dioxide in excess of the MRDL could experience nervous system effects. Similar effects may occur in fetuses of pregnant women who drink water containing chlorine dioxide in excess of the MRDL. Some people may experience anemia. The chlorine dioxide violations reported today include exceedances of the EPA standard within the distribution system which delivers water to consumers. Violations of the chlorine dioxide standard within the distribution system may harm human health based on short-term exposures. Certain groups, including fetuses, infants, and young children, may be especially susceptible to nervous system effects from excessive chlorine dioxide exposure.”

1. 8. DBP precursors (TOC). “Total organ-

ic carbon (TOC) has no health effects. However, total organic carbon provides a medium for the formation of disinfection byproducts. These byproducts include trihalomethanes (THMs) and haloacetic acids (HAAs). Drinking water containing these byproducts in excess of the MCL may lead to adverse health effects, liver or kidney problems, or nervous system effects, and may lead to an increased risk of getting cancer.”

1. (I) Other Treatment Techniques.

   1. 1. Acrylamide. “Some people who

drink water containing high levels of acrylamide over a long period of time could have problems with their nervous system or blood, and may have an increased risk of getting cancer.”

1. 2. Epichlorohydrin. “Some people

who drink water containing high levels of epichlorohydrin over a long period of time could experience stomach problems, and may have an increased risk of getting cancer.”

AUTHORITY: section 640.100, RSMo 2016.* Original rule filed May 4, 1979, effective Sept. 14, 1979. Amended: Filed April 14, 1981, effective Oct. 11, 1981. Amended: Filed Aug. 4, 1987, effective Jan. 1, 1988. Rescinded and readopted: Filed June 2, 1988, effective Aug. 31, 1988. Amended: Filed Dec. 4, 1990, effective July 8, 1991. Amended: Filed March 31, 1991, effective Dec. 3, 1992. Amended: Filed Aug. 4, 1992, effective May 6, 1993. Amended: Filed May 4, 1993, effective Jan. 13, 1994. Amended: Filed Feb. 1, 1996, effective Oct. 30, 1996. Amended: Filed Dec. 15, 1999, effective Sept. 1, 2000. Rescinded and readopted: Filed March 17, 2003, effective Nov. 30, 2003. Amended: Filed Feb. 27, 2009, effective Oct. 30, 2009. Amended: Filed April 14, 2010, effective Dec. 30, 2010. Amended: Filed Aug. 12, 2015, effective March 30, 2016. Amended: Filed June 13, 2018, effective Feb. 28, 2019.

*Original authority: 640.100, RSMo 1939, amended 1978, 1981, 1982, 1988, 1989, 1992, 1993, 1995, 1996, 1998, 1999, 2002, 2006, 2012, 2014.