1. (a) The O/O of a non-community water system (NCWS) shall provide notice, as required by Env-Dw 801.01, in accordance with (b), below, within 30 days of learning of any of the following violations or situations:

   1. (1) A violation of an applicable MCL, MRDL, treatment technique, monitoring, or testing procedure requirements specified in Env-Dw 700 that is not an acute violation specified in Env-Dw 801.05;
   2. (2) Any violation of the reporting and recordkeeping requirements specified in Env-Dw 709, Env-Dw 720.14(b) or Env-Dw 720.16(b);
   3. (3) Any violation of the turbidity MCL requirements established in 40 CFR 141.13(b) where the department determines, after consultation in accordance with Env-Dw 801.06, that the violation does not impose an acute health risk that warrants notification to the public within 24 hours;
   4. (4) Any violation of a federal treatment technique relating to filtration and disinfection as incorporated by Env-Dw 716, as noted in Env-Dw 801.05(h), where the department determines, after consultation in accordance with Env-Dw 801.06, that the violation does not impose an acute health risk that warrants notification to the public within 24 hours;
   5. (5) Failure to take corrective action or failure to maintain at least 4-log treatment of viruses before or at the first customer as specified in Env-Dw 717;
   6. (6) Failure to comply with ambient groundwater quality standards (AGQS) as required by Env-Dw 707.02(b); or
   7. (7) Failure to complete seasonal start-up procedures and certification as required by Env-Dw 506.

2. (b) The NCWS O/O shall notify each customer receiving a bill and the owner of any other service connection through which water is delivered to the public of any of the violations listed in (a), above, in such a manner that is calculated to reach all persons served by the NCWS, by using at least one of the following forms of delivery:

   1. (1) Mail delivery;
   2. (2) Door-to-door hand delivery; or
   3. (3) Posting the notice in conspicuous locations throughout the distribution system frequented by persons served by the system.

3. (c) If the NCWS O/O determines that persons served by the NCWS cannot be reached using the delivery methods specified in (a), above, the O/O shall issue notice to persons served by the NCWS using one of the following methods:

   1. (1) Publication in a local newspaper or newsletter distributed to persons served by the NCWS;
   2. (2) Delivery of multiple copies for distribution by customers that provide the water to others, such as apartment building owners, schools, or large private employers;
   3. (3) Posting on the internet or email broadcast to all persons served by the system; or
   4. (4) Delivery of one or more copies to community organizations.
4. (d) Within 10 days of providing notice to its customers, the NCWS O/O shall submit to the department the certification specified in Env-Dw 801.18.
5. (e) If the NCWS O/O elects to provide public notice by posting the notice, posting shall continue for as long as the violation persists or 7 days, whichever is longer.
6. (f) Subject to (g), below, the NCWS O/O shall repeat the public notice for the standard violations described in (a), above, every 3 months for as long as the violation persists unless the NCWS owner requests, and the department approves, a different frequency pursuant to Env-Dw 801.13.
7. (g) If a monitoring violation occurs at a seasonal system that will not be in operation for at least 3 months following the issuance of the public notice, the NCWS O/O shall also post the notice upon the reopening of the system the following season. If such additional posting is required, the notice shall remain posted for 7 days or as long as the violation persists, whichever is longer.

Source. (See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; amd by #10771, eff 2-1-15; ss by #12675, eff 1-1-19