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 meet the requirements of subsection (d) of this section.

   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(f)(2) 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 (B) of this title (relating to Disinfectant Residuals);
      5. (E) Occurrence of a waterborne disease outbreak; and
      6. (F) Other violations deemed by the executive director to pose an acute risk to human health.

   2. (2) The initial acute public notice and boil water notice required by 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 an acute violation shall be issued in the following manner.

      1. (A) The owner or operator of a water system with an acute microbiological or turbidity violation as described in paragraph (1)(A) or (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) 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.
      3. (C) 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.
      4. (D) 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 water system.

   3. (3) The owner or operator of a water 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.
   4. (4) 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.
   5. (5) Copies of all notifications required under this subsection must be submitted to the executive director within ten days of its distribution.

2. (b) Public notification requirements for other MCL, MRDL, or treatment technique violations and for variance and exemption violations. The owner or operator of a public water system must notify persons served by their system of any MCL, MRDL, or treatment technique violation other than those described in subsection (a)(1) of this section and of any violation involving a variance or exemption requirement. Each notice required by this section must meet the requirements of subsection (d) of this section.

   1. (1) Violations that require notification under this subsection include:

      1. (A) any violation of an MCL, MRDL, or treatment technique not listed under subsection (a) of this section;
      2. (B) failure to comply with the requirements of any variance or exemption granted under §290.102(d) of this title (relating to General Applicability); or
      3. (C) other violations deemed appropriate by the executive director that pose a non-acute risk to human health.

   2. (2) The initial public notice for any violation identified in this subsection must be issued as soon as possible but in no case later than 30 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 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 who 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 shall notify persons served by the system. Each notice required by this section must meet the requirements of subsection (d) of this section.

   1. (1) Violations that require notification as described in this section include:

      1. (A) exceedance of the SCL for flouride;
      2. (B) failure to perform monitoring or reporting required by this subchapter;
      3. (C) failure to comply with the analytical requirements or testing procedures required by this subchapter; and
      4. (D) operating under a variance or exemption granted under §290.102(b) of this title.

   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 12 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. Repeat public notice may be included as part of the Consumer Confidence Report.
      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) Each public notice must conform to the following general requirements.

   1. (1) The notice must contain a clear and readily understandable explanation of the violation or situation that lead to the notification. The notice must not contain very small print, unduly technical language, or other items that frustrate the purpose of the notice.
   2. (2) If the notice is required for a specific event, it must state when the event occurred.

   3. (3) For notices required under subsection (a) or (b) of this subsection, the notice must describe potential adverse health effects.

      1. (A) For MCL, MRDL, or treatment technique requirements, the notice must contain the mandatory federal contaminant-specific language contained in 40 CFR §141.32, in addition to any language required by the executive director.
      2. (B) The notice must describe the population at risk, especially subpopulations particularly vulnerable if exposed to the given contaminant.
   4. (4) The notice must state what actions the water system is taking to correct the violation or situation, and when the water system expects to return to compliance.
   5. (5) The notice must state whether alternative drinking water sources should be used, and what other actions consumers should take, including when they should seek medical help, if known.
   6. (6) Each notice must contain the telephone number at which consumers may contact the owner, operator, or designee of the public water system for additional information concerning the notice.
   7. (7) Where appropriate, the notice must be multilingual.
   8. (8) The notice shall include a statement to encourage the notice recipient to distribute the public notice to the other persons served.
5. (e) 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 MCL, 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.
6. (f) Proof of public notification. A copy of any public notice required under this section must be submitted to the executive director within ten days of its distribution as proof of public notification. The copies must be mailed to the Texas Natural Resource Conservation Commission, Water Supply Division, MC 155, P.O. Box 13087, Austin, Texas 78711-3087.

Source Note:The provisions of this §290.122 adopted to be effective September 13, 2000, 25 TexReg 8880; amended to be effective May 16, 2002, 27 TexReg 4127; amended to be effective May 16, 2002, 27 TexReg 4127.