1. (a) Public notification requirements for acute violations. The owner or operator of a public water system must notify persons served by their system of any MCL or treatment technique violation that poses an acute threat to public health. Each notice required by this section must provide a clear and readily understandable explanation of the violation, any potential adverse health effects, the population at risk, the steps that the public water system is taking to correct such violation, the necessity for seeking alternative water supplies, if any, and any preventive measures the consumer should take until the violation is corrected.

   1. (1) Violations that pose an acute threat to public health include:

      1. (A) A violation of the acute MCL for microbial contaminants as defined in §290.109(f)(1) of this title (relating to Microbial Contaminants);
      2. (B) A treated water turbidity level above 5.0 NTU in the combined filter effluent of a treatment plant that is treating surface water or groundwater under the direct influence of surface water;
      3. (C) A violation of the MCL for nitrate or nitrite as defined in §290.106(b) of this title (relating to Inorganic Contaminants);
      4. (D) A violation of the acute MRDL for chlorine dioxide as defined in §290.110(f)(5)(A) or §290.110(f)(5)(B) of this title (relating to Disinfectant Residuals); and
      5. (E) Other violations deemed by the executive director to pose an acute risk to human health.

   2. (2) The public notice for an acute MCL and treatment technique violation shall include the contaminant-specific language contained in 40 CFR §141.32 and other pertinent information specified by the executive director.

      1. (A) The owner or operator of a system with an acute microbiological or turbidity violation as described in paragraph (1)(A) and (B) of this subsection shall include a boil water notice issued in accordance with the requirements of §290.46(s) of this title (relating to Minimum Acceptable Operating Practices for Public Drinking Water Systems).
      2. (B) Each notice shall be conspicuous and shall not contain unduly technical language, unduly small print, or similar items that frustrate the purpose of the notice.
      3. (C) Each notice shall include the telephone number of the owner, operator, or designee of the public water system as a source of additional information concerning the notice.
      4. (D) Where appropriate, the notice shall be multilingual.

   3. (3) The acute public notice and boil water notice required by paragraph (2)(A) of this subsection shall be issued as soon as possible but in no case later than 24 hours after the violation is identified. The initial public notice for other acute MCL or treatment technique violations shall be issued as soon as possible but in no case later than 72 hours after the violation is identified. The initial public notice for an acute violation shall be issued in the following manner.

      1. (A) The owner or operator of a community water system shall furnish a copy of the notice to the radio and television stations serving the area served by the public water system.
      2. (B) The owner or operator of a community water system shall publish the notice in a daily newspaper of general circulation in the area served by the system. If the area is not served by a daily newspaper of general circulation, notice shall instead be issued by hand delivery or by continuous posting in conspicuous places within the area served by the system.
      3. (C) The owner or operator of a noncommunity water system shall issue the notice violation by hand delivery or by continuously posting the notice in conspicuous places within the area served by the system.

   4. (4) The owner or operator of a system required to issue an initial notice for an acute MCL or treatment technique violation shall issue additional notices. The additional public notices for acute violations shall be issued in the following manner.

      1. (A) Not later than 45 days after the violation, the owner or operator of a community water system shall notify persons served by the system using mail (by direct mail or with the water bill) or hand delivery. The executive director may waive mail or hand delivery if it is determined that the violation was corrected within the 45-day period. The executive director must make the waiver in writing and within the 45-day period.
      2. (B) The owner or operator of a community water system must issue a notice at least once every three months by mail delivery (by direct mail or with the water bill) or by hand delivery, for as long as the violation exists.
      3. (C) If the owner or operator of a noncommunity water system issued the initial notice by continuous posting, posting must continue for as long as the violation exists. If the owner or operator of a noncommunity water system issued the initial notice by hand delivery, notice by hand delivery must be repeated at least every three months for as long as the violation exists.
   5. (5) The owner or operator of the public water system must issue a notice when the public water system has corrected the acute violation. This notice must be issued in the same manner as the original notice was issued.

2. (b) Public notification requirements for other MCL or treatment technique violations. The owner or operator of a public water system must notify persons served by their system of any MCL or treatment technique violation other than those described in subsection (a)(1) of this section. Each notice required by this section must provide a clear and readily understandable explanation of the violation, any potential adverse health effects, the population at risk, the steps that the public water system is taking to correct such violation, the necessity for seeking alternative water supplies, if any, and any preventive measures the consumer should take until the violation is corrected.

   1. (1) The violation notice for an MCL or treatment technique violation shall include the contaminant-specific language contained in 40 CFR §141.32 and other pertinent information specified by the executive director.

      1. (A) Each notice shall be conspicuous and shall not contain unduly technical language, unduly small print, or similar items that frustrate the purpose of the notice.
      2. (B) Each notice shall include the telephone number of the owner, operator, or designee of the public water system as a source of additional information concerning the notice.
      3. (C) Where appropriate, the notice shall be multilingual.

   2. (2) The initial public notice for an MCL or treatment technique violation that does not pose an immediate threat to public health must be issued as soon as possible but in no case later than 14 days after the violation is identified. The initial public notice shall be issued in the following manner.

      1. (A) The owner or operator of a community water system shall publish the notice in a daily newspaper of general circulation in the area served by the system. If the area served by the public water system is not served by a daily newspaper of general circulation, the notice shall be published in a weekly newspaper of general circulation serving the area. If the area is not served by a either a daily or weekly newspaper of general circulation, notice shall instead be issued by hand delivery or by continuous posting in conspicuous places within the area served by the system.
      2. (B) The owner or operator of a noncommunity water system shall issue the notice by hand delivery or by continuously posting the notice in conspicuous places within the area served by the system.

   3. (3) The owner or operator of a system required to issue an initial violation notice shall issue additional notices. The additional notices shall be issued in the following manner.

      1. (A) Not later than 45 days after the violation, the owner or operator of a community water system shall notify persons served by the system using mail (by direct mail or with the water bill) or hand delivery. The executive director may waive mail or hand delivery if it is determined the violation was corrected within the 45-day period. The executive director must make the waiver in writing and within the 45-day period.
      2. (B) The owner or operator of a community water system must issue a notice at least once every three months by mail delivery (by direct mail or with the water bill) or by hand delivery, for as long as the violation exists.
      3. (C) If the owner or operator of a noncommunity water system issued the initial notice by continuously posting the notice, the posting must continue for as long as the violation exists. If the owner or operator of a noncommunity water system issued the initial notice by hand delivery, notice by hand delivery must be repeated at least every three months for as long as the violation exists.
   4. (4) The owner or operator of the public water system must issue a notice when the public water system has corrected the violation. This notice must be issued in the same manner as the original notice was issued.

3. (c) Public notification requirements for other violations, variances, exemptions. The owner or operator of a public water system which fails to perform monitoring required by these standards, fails to comply with a testing procedure established by this chapter, or is subject to a variance or exemption granted under §290.102(b) of this title (relating to General Applicability) shall notify persons served by the system.

   1. (1) Each notice required by this section must provide a clear and readily understandable explanation of any violation variance, or exemption, any potential adverse health effects, the population at risk, the steps that the public water system is taking to correct such violation, the necessity for seeking alternative water supplies, if any, and any preventive measures the consumer should take until the violation is corrected.

      1. (A) Each notice shall be conspicuous and shall not contain unduly technical language, unduly small print, or similar items that frustrate the purpose of the notice.
      2. (B) Each notice shall include the telephone number of the owner, operator, or designee of the public water system as a source of additional information concerning the notice.
      3. (C) Where appropriate, the notice shall be multilingual.

   2. (2) The initial public notice issued pursuant to this section shall be issued within three months of the violation or the granting of a variance or exemption. The initial public notice shall be issued in the following manner.

      1. (A) The owner or operator of a community water system shall publish the notice in a daily newspaper of general circulation in the area served by the system. If the area served by the public water system is not served by a daily newspaper of general circulation, the notice shall instead be published in a weekly newspaper of general circulation serving the area. If the area is not served by a either a daily or weekly newspaper of general circulation, notice shall instead be given by hand delivery or by continuous posting in conspicuous places within the area served by the system.
      2. (B) The owner or operator of a noncommunity water system shall issue the notice by hand delivery or by continuously posting the notice in conspicuous places within the area served by the system.

   3. (3) The owner or operator of a system required to issue an initial violation notice shall issue additional notices. The additional notices shall be issued in the following manner.

      1. (A) The owner or operator of a community water system shall issue repeat notices at least once every three months by mail delivery (by direct mail or with the water bill) or by hand delivery, for as long as the violation exists or variance or exemption remains in effect.
      2. (B) If the owner or operator of a noncommunity water system issued the initial notice by continuously posting the notice, the posting must continue for as long as the violation exists. If the owner or operator of a noncommunity water system issued the initial notice by hand delivery, notice by hand delivery must be repeated at least every three months for as long as the violation exists.
   4. (4) The owner or operator of the public water system must issue a notice when the public water system has corrected the violation. This notice must be issued in the same manner as the original notice was issued.
4. (d) Notice to new billing units. The owner or operator of a community water system must give a copy of the most recent public notice for any outstanding violation of any maximum contaminant level, or any treatment technique requirement, or any variance or exemption schedule to all new billing units or new hookups prior to or at the time service begins.
5. (e) Proof of public notification. Example copies of all notifications required under this paragraph must be submitted to the executive director within ten days of its distribution as proof of public notification.

Source Note:The provisions of this §290.122 adopted to be effective September 13, 2000, 25 TexReg 8880.