Subchapter D. PUBLIC NOTIFICATION
Sec.
109.401. [Reserved].
109.402. [Reserved].
109.403. [Reserved].
109.404. [Reserved].
109.405. [Reserved].
109.406. [Reserved].
109.407. General public notification requirements.
109.408. Tier 1 public notice—categories, timing and delivery of notice.
109.409. Tier 2 public notice—categories, timing and delivery of notice.
109.410. Tier 3 public notice—categories, timing and delivery of notice.
109.411. Content of a public notice.
109.412. Special notice of the availability of unregulated contaminant monitoring results.
109.413. Special notice for nitrate exceedances above MCL by noncommunity water systems, when granted permission by the Department.
109.414. Notice to new billing units or new customers.
109.415. Notice by the Department on behalf of the public water system.
109.416. CCR requirements.
109.417. Special notice for significant deficiencies by noncommunity water systems.
109.418. Special notice for failure to conduct source water Cryptosporidium monitoring or failure to determine bin classification.
Cross References This Subchapter D cited in 25 Pa. Code § 109.5 (relating to organization of chapter); 25 Pa. Code § 109.701 (relating to reporting and recordkeeping); 25 Pa. Code § 109.702 (relating to operation and maintenance plan); 25 Pa. Code § 109.1004 (relating to public notification); 25 Pa. Code § 109.1104 (relating to public education and notification); and 25 Pa. Code § 1307 (relating to system management responsibilities).
§ 109.401. [Reserved].
Source The provisions of this § 109.401 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621; amended October 7, 1994, effective October 8, 1994, 24 Pa.B. 5175; amended July 20, 2001, effectvie July 21, 2001, 31 Pa.B. 3895; reserved August 9, 2002, effective August 10, 2002, 32 Pa.B. 3894. Immediately preceding text appears at serial pages (281877) to (281880).
§ 109.402. [Reserved].
Source The provisions of this § 109.402 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621; amended October 7, 1994, effective October 8, 1994, 24 Pa.B. 5175; amended July 20, 2001, effective July 21, 2001, 31 Pa.B. 3895; reserved August 9, 2002, effective August 10, 2002, 32 Pa.B. 3894. Immediately preceding text appears at serial pages (281880) to (281881).
§ 109.403. [Reserved].
Source The provisions of this § 109.403 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621; amended July 20, 2001, effective July 21, 2001, 31 Pa.B. 3895; reserved August 9, 2002, effective August 10, 2002, 32 Pa.B. 3894. Immediatley preceding text appears at serial pages (281881) to (281882).
§ 109.404. [Reserved].
Source The provisions of this § 109.404 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621; reserved August 9, 2002, effective August 10, 2002, 32 Pa.B. 3894. Immediately preceding text appears at serial page (281882).
§ 109.405. [Reserved].
Source The provisions of this § 109.405 adopted May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621; reserved August 9, 2002, effective August 10, 2002, 32 Pa.B. 3894. Immediately preceding text appears at serial pages (281882) to (281883).
§ 109.406. [Reserved].
Source The provisions of this § 109.406 adopted May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621; reserved August 9, 2002, effective August 10, 2002, 32 Pa.B. 3894. Immediately preceding text appears at serial page (281883).
§ 109.407. General public notification requirements.
(a) Violation categories and other situations requiring a public notice. A public water supplier shall give public notice for the following circumstances:
(1) Failure to comply with an applicable State primary MCL or MRDL in Subchapter B (relating to MCLs, MRDLs or treatment technique requirements).
(2) Failure to comply with a prescribed treatment technique requirement in Subchapter B, G, K, L or M.
(3) Failure to perform water quality monitoring, as required by Subchapter C (relating to monitoring requirements) or Subchapter K.
(4) Operation under a variance or an exemption under Subchapter I (relating to variances and exemptions issued by the Department).
(5) Failure to comply with the requirements of any schedule that has been set under a variance or exemption.
(6) Occurrence of a waterborne disease outbreak, as defined in § 109.1 (relating to definitions), or other emergency situation as defined in § 109.701(a)(3)(iii) (relating to reporting and recordkeeping) that adversely affects the quality or quantity of finished water and has a significant potential to have serious adverse effects on human health as a result of short-term exposure.
(7) Availability of unregulated contaminant monitoring data.
(8) Exceedance of the nitrate MCL by noncommunity water systems, when permitted by the Department in writing to exceed the MCL in accordance with 40 CFR 141.11(d) (relating to MCLs for inorganic contaminants).
(9) Other violations or situations determined by the Department to require a public notice under this subchapter.
(b) Definition of public notice tiers. Public notice requirements are divided into three tiers, to take into account the seriousness of the violation or situation and any potential adverse health effects that may be involved. The public notice requirements for each violation or situation identified in subsection (a) is determined by the tier to which it is assigned. This subchapter incorporates by reference the tier assignment for each specific violation or situation in the National Primary Drinking Water Regulations, 40 CFR Part 141, Subpart Q, Appendix A (relating to the tier assignment for each specific NPDWR violation and other situations requiring public notice), unless other tier assignments are established by regulation or order of the Department.
(1) Tier 1 public notice. Required for violations and situations specified in subsection (a) with significant potential to have serious adverse effects on human health as a result of short-term exposure. General violation categories and other situations requiring a Tier 1 public notice are specified in § 109.408(a) (relating to Tier 1 public notice—categories, timing and delivery).
(2) Tier 2 public notice. Required for all other violations and situations in subsection (a) with potential to have serious adverse effects on human health. General violation categories and other situations requiring a Tier 2 public notice are specified in § 109.409(a) (relating to Tier 2 public notice—categories, timing and delivery).
(3) Tier 3 public notice. Required for all other violations and situations in subsection (a) not included in Tier 1 and Tier 2. General violation categories and other situations requiring a Tier 3 public notice are specified in § 109.410(a) (relating to Tier 3 public notice—categories, timing and delivery).
(c) Public notice recipients.
(1) A public water supplier shall provide public notice to persons served by the public water system, in accordance with this subchapter. A public water system that sells or otherwise provides drinking water to another public water system, such as to a consecutive water, bulk water hauling or vended water system, shall give public notice to the owner or operator of the other water system. The other water system is responsible for ensuring that public notice is provided to the persons it serves.
(2) If a public water system has a violation 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 water supplier to limit distribution of the public notice to only persons served by that portion of the system which is out of compliance. Permission for limiting distribution of the notice will be granted in writing by the Department.
(3) If a public water system has a violation involving a point-of-entry (POE) device, the Department may allow the water supplier to limit distribution of the public notice to only persons served by that POE device. Permission for limiting distribution of the notice shall be granted in writing by the Department.
(4) If a community water system has a Tier 1 violation, the water supplier shall also notify additional recipients as designated in the community water system’s emergency response plan under § 109.707(a)(2) (relating to emergency response plan).
(5) If a noncommunity water system in which persons 17 years of age or under are cared for or educated, such as a school or day care center, has a Tier 1 violation, the water supplier shall also provide public notice directly to the parent or guardian of those persons.
(6) A water supplier shall provide a copy of the notice to the Department in accordance with § 109.701(a)(4) (relating to reporting and recordkeeping).
(d) Additional requirements. Community water systems shall comply with the planning requirements specified under § 109.702(a)(7) (relating to operation and maintenance plan) and § 109.707.
Authority The provisions of this § 109.407 amended under section 4 of the Pennsylvania Safe Drinking Water Act (35 P.S. § 721.4); and sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. § § 510-7 and 510-20).
Source The provisions of this § 109.407 adopted August 9, 2002, effective August 10, 2002, 32 Pa.B. 3894; amended June 18, 2004, effective June 19, 2004, 34 Pa.B. 3130; amended May 8, 2009, effective May 9, 2009, 39 Pa.B. 2334; amended December 24, 2009, effective December 26, 2009, 39 Pa.B. 7279. Immediately preceeding text appears at serial pages (344202) to (344204).
Cross References This section cited in 25 Pa. Code § 109.408 (relating to Tier 1 public notice—categories, timing and delivery of notice); and 52 Pa. Code § 69.1601 (relating to general).
§ 109.408. Tier 1 public notice—categories, timing and delivery of notice.
(a) General violation categories and other situations requiring a Tier 1 public notice. A public water supplier shall provide Tier 1 public notice for the following circumstances:
(1) Violation of the MCL for E. coli, as specified in § 109.202(a)(2) (relating to State MCLs, MRDLs and treatment technique requirements), or when the water supplier fails to test for E. coli when any check sample tests positive for coliforms, as specified in § 109.301(3) (relating to general monitoring requirements).
(2) Violation of the MCL for nitrate, nitrite or total nitrate and nitrite, as defined in § 109.202(a)(2), or when the water supplier 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 § 109.301(7)(ii)(C)(IV) and (V).
(3) Exceedance of the nitrate MCL by noncommunity water systems, when permitted by the Department in writing to exceed the MCL in accordance with 40 CFR 141.11(d) (relating to maximum contaminant levels for inorganic chemicals).
(4) Violation of the MRDL for chlorine dioxide, as defined in § 109.202(f)(2), 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 supplier does not take the required samples in the distribution system, as specified in § 109.301.
(5) Violation of the turbidity MCL of 5 NTU based on an average for 2 consecutive days by a public water system using an unfiltered surface water source, as specified in § 109.202(a)(2).
(6) Violation of a treatment technique requirement for pathogenic bacteria, viruses and protozoan cysts as defined in § 109.202(c), resulting from:
(i) A single exceedance of the maximum allowable turbidity limit.
(ii) A failure to meet the minimum log inactivation for more than 4 hours.
(iii) A failure to maintain the minimum entry point residual disinfectant concentration for more than 4 hours and either of the following:
(A) A failure to calculate the log inactivation in accordance with § 109.301(1)(v) and (vi).
(B) A failure to meet the minimum log inactivation for more than 4 hours.
(7) Violation of a treatment technique requirement for Cryptosporidium as defined in § 109.1203 (relating to bin classification and treatment technique requirements), resulting from a failure to provide the level of treatment appropriate for the systems bin classification.
(8) Detection of E. coli in source water samples as specified in § § 109.1303 and 109.1304 (relating to triggered monitoring requirements for groundwater sources; and assessment source water monitoring).
(9) A breakdown in treatment for groundwater sources as specified in § 109.1307(a)(1)(ii) (relating to system management responsibilities).
(10) Occurrence of a waterborne disease outbreak, as defined in § 109.1 (relating to definitions), or other emergency situation as defined in § 109.701(a)(3)(iii) (relating to reporting and recordkeeping) that adversely affects the quality or quantity of the finished water and has a significant potential to have serious adverse effects on human health as a result of short-term exposure.
(11) 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 Department on a case-by-case basis.
(b) Timing for a Tier 1 public notice. A public water supplier shall do the following:
(1) Provide a public notice as soon as possible, but no later than 24 hours after the water supplier learns of the violation or situation under subsection (a).
(2) Report the circumstances to the Department within 1 hour of discovery of the violation or situation in accordance with § 109.701(a)(3).
(3) Initiate consultation with the Department as soon as possible, but no later than 24 hours after the water supplier learns of the violation or situation, to determine initial and any additional public notice requirements.
(4) Comply with initial and any additional public notification requirements that are established as a result of the consultation with the Department. These requirements may include the timing, form, manner, duration, frequency, and content of the initial and any repeat notices, and other actions reasonably designed to reach all persons served. The repeat notice frequency, if applicable, for a Tier 1 public notice shall be established as a result of the consultation, but may be no less often than once every 30 days as long as the violation or situation persists.
(5) Provide a public notice that the Tier 1 violation or situation has been corrected, as soon as possible, but no later than 24 hours after the corrective actions have been completed and the notice is approved by the Department.
(c) Form and manner of a Tier 1 public notice prior to May 10, 2010. The form and manner used by a public water supplier shall fit the specific situation and shall be reasonably designed to reach residential, transient and nontransient users of the water system. To reach all persons served, a water supplier shall use, at a minimum, one or more of the following forms of delivery:
(1) Appropriate broadcast media, such as radio or 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.
(4) Another delivery method approved in writing by the Department.
(d) Delivery of a Tier 1 public notice beginning on May 10, 2010. The delivery methods used by a public water supplier shall fit the specific situation and shall be reasonably designed to reach residential, transient and nontransient users of the water system. To reach all persons served in accordance with § 109.407(c) (relating to general public notification requirements), a water supplier shall use, as appropriate to the type of the water system, the following forms of delivery identified under paragraphs (1)—(3).
(1) Community water systems shall provide public notice to each service connection using one or more of the following forms of direct delivery:
(i) Hand delivery.
(ii) Electronic mail.
(iii) Automatic telephone dialing systems or other best available technology. If a public water supplier delivers an abbreviated notice in accordance with § 109.411(b) (relating to content of a public notice), the public water supplier shall also provide the entire public notice under this section in one of the following ways:
(A) Posted on a web site.
(B) Recorded on a dedicated phone line.
(C) Another method approved in writing by the Department.
(iv) Another form of direct delivery approved in writing by the Department.
(2) In addition to providing public notice to each service connection under paragraph (1), community water systems that also serve transient and nontransient service connections shall provide notice using appropriate broadcast media, such as radio and television.
(3) Noncommunity water systems shall provide public notice to transient and nontransient consumers using one or more of the following forms of delivery:
(i) Hand delivery.
(ii) Electronic mail.
(iii) Posting the notice in conspicuous locations throughout the area served by the water system.
(iv) Another form of delivery approved in writing by the Department.
Authority The provisions of this § 109.408 amended under section 4 of the Pennsylvania Safe Drinking Water Act (35 P.S. § 721.4); and sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. § § 510-7 and 510-20).
Source The provisions of this § 109.408 adopted August 9, 2002, effective August 10, 2002, 32 Pa.B. 3894; amended May 8, 2009, effective May 9, 2009, 39 Pa.B. 2334; amended December 24, 2009, effective December 26, 2009, 39 Pa.B. 7279; amended September 23, 2016, effective September 24, 2016, 46 Pa.B. 6005; amended April 27, 2018, effective April 28, 2018, 48 Pa.B. 2509. Immediately preceding text appears at serial pages (383426) to (383429).
Cross References This section cited in 25 Pa. Code § 69.1601 (relating to general); 25 Pa. Code § 109.301 (relating to general monitoring requirements); 25 Pa. Code § 109.409 (relating to Tier 2 public notice—categories, timing and delivery of notice); 25 Pa. Code § 109.410 (relating to Tier 3 public notice—categories, timing and delivery of notice); 25 Pa. Code § 109.411 (relating to content of public notice); 25 Pa. Code § 109.413 (relating to special notice for nitrate exceedances above MCL by noncommunity water systems, where granted permission by the Department); 25 Pa. Code § 109.1303 (relating to triggered monitoring requirements for groundwater sources); and 25 Pa. Code § 109.1307 (relating to system management responsibilities).
§ 109.409. Tier 2 public notice—categories, timing and delivery of notice.
(a) General violation categories and other situations requiring a Tier 2 public notice. A public water supplier shall provide Tier 2 public notice for the following circumstances:
(1) All violations of the primary MCL, MRDL, treatment technique requirements and failure to take corrective action in Subchapters B, C, G, K, L or M, except when a Tier 1 notice is required under § 109.408 (relating to Tier 1 public notice—categories, timing and delivery of notice) or when the Department determines that a Tier 1 notice is required. The tier assignment for fluoride is not incorporated by reference. Under § 109.202(d) (relating to State MCLs, MRDLs and treatment technique requirements), a public water system shall comply with the primary MCL for fluoride of 2 mg/L. As such, a public water supplier shall provide Tier 2 public notice for violation of the primary MCL for fluoride.
(2) Violations of the monitoring requirements in Subchapter C, K or M (relating to monitoring requirements; lead and copper; and additional requirements for groundwater sources), when 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.
(3) Failure to comply with the terms and conditions of any variance or exemption in place under Subchapter I (relating to variances and exemptions issued by the Department).
(4) Other violations or situations determined by the Department to require a Tier 2 public notice, taking into account potential chronic health impacts and persistence of the violation.
(b) Timing for a Tier 2 public notice. A public water supplier shall do the following:
(1) Report the circumstances to the Department within 1 hour of discovery of a violation under subsection (a)(1), in accordance with § 109.701(a)(3) (relating to reporting and recordkeeping).
(2) Provide the public notice as soon as possible, but no later than 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 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 3 months from the date the system learns of the violation. The Department will not grant an extension across the board or for an unresolved violation. Extensions granted by the Department will be in writing.
(3) Repeat the notice every 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 circumstances may the repeat notice be given less frequently than once per year. The Department will not allow less frequent repeat notices across the board; or for a violation of a treatment technique requirement for pathogenic bacteria, viruses and protozoan cysts as defined in § 109.202(c); or for other ongoing violations. Determinations granted by the Department for less frequent repeat notices will be in writing.
(c) Form and manner of a Tier 2 public notice. A public water supplier shall provide the initial public notice and any repeat notices in a form and manner that is reasonably designed to reach all 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 the public water supplier shall at a minimum meet the following requirements:
(1) Unless directed otherwise by the Department in writing, community water systems shall provide notice using the following forms of delivery:
(i) 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.
(ii) Any other method reasonably designed to reach other persons regularly served by the system, if they would not normally be reached by the notice required in subparagraph (i). Those persons may include those who do not pay water bills or do not have service connection addresses such as house renters, apartment dwellers, university students, nursing home patients or prison inmates. Other methods may include publication in a local newspaper, delivery of multiple copies for distribution by customers that provide their drinking water to others (such as apartment building owners or large private employers), posting in public places served by the system or on the Internet or delivery to community organizations.
(2) Unless directed otherwise by the Department in writing, noncommunity water systems shall provide notice using the following forms of delivery:
(i) 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, when known.
(ii) Any other method reasonably designed to reach other persons served by the system if they would not normally be reached by the notice required in subparagraph (i). Those persons may include those served who may not see a posted notice because the posted notice is not in a location they routinely pass by. 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 such as community centers.
Authority The provisions of this § 109.409 amended under section 4 of the Pennsylvania Safe Drinking Water Act (35 P.S. § 721.4); and sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. § § 510-7 and 510-20).
Source The provisions of this § 109.409 adopted August 9, 2002, effective August 10, 2002, 32 Pa.B. 3894; amended June 18, 2004, effective June 19, 2004, 34 Pa.B. 3130; amended May 8, 2009, effective May 9, 2009, 39 Pa.B. 2334; amended December 24, 2009, effective December 26, 2009, 39 Pa.B. 7279; amended September 23, 2016, effective September 24, 2016, 46 Pa.B. 6005. Immediately preceeding text appears at serial pages (347087) to (347089).
Cross References This section cited in 25 Pa. Code § 69.1601 (relating to general); 25 Pa. Code § 109.202 (relating to State MCLs, MRDLs and treatment technique requirements); 25 Pa. Code § 109.407 (relating to general public notification requirements); 25 Pa. Code § 109.418 (relating to special notice for failure to conduct source water Cryptosporidium monitoring or failure to determine bin classification); and 25 Pa. Code § 109.710 (relating to disinfectant residual in the distribution system).
§ 109.410. Tier 3 public notice—categories, timing and delivery of notice.
(a) General violation categories and other situations requiring a Tier 3 public notice. A public water supplier shall provide Tier 3 public notice for the following circumstances:
(1) Monitoring violations under Subchapter C, K, L or M, except when a Tier 1 notice is required under § 109.408 (relating to Tier 1 public notice—categories, timing and delivery of notice) or when the Department determines that a Tier 2 notice is required.
(2) Reporting and record maintenance violations under § 109.701(h) (relating to reporting and recordkeeping).
(3) Operation under a variance or an exemption granted under Subchapter I (relating to variances and exemptions issued by the Department).
(4) Availability of unregulated contaminant monitoring results, as required under 40 CFR 141.40 (relating to monitoring requirements for unregulated contaminants).
(5) Failure to report an E. coli MCL violation or an E. coli-positive routine or check sample as required under § 109.701(a)(3)(iv).
(6) Failure to submit a completed assessment form in accordance with § 109.701(a)(9).
(7) Failure to submit certification of completion of a Department-approved start-up procedure by a seasonal system in accordance with § 109.715(e) (relating to seasonal systems).
(b) Timing for a Tier 3 public notice.
(1) A public water supplier shall provide the public notice no later than 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 water supplier shall repeat the notice annually for as long as the violation, variance, exemption or other situation persists. If the public notice is posted, the notice shall remain in place for as long as the violation, variance, exemption or other situation persists, but in no case may the initial and annual repeat notice be posted for less than 7 days (even if the violation or situation is resolved).
(2) Instead of individual Tier 3 public notices, a public water supplier may use an annual report detailing all violations and situations that occurred during the previous 12 months, as long as the timing requirements of paragraph (1) are met.
(c) Delivery of a Tier 3 public notice. A public water supplier shall provide the initial notice and any repeat notices in a form and manner that is reasonably designed to reach all 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 the public water supplier shall, at a minimum, meet the following requirements:
(1) Unless directed otherwise by the Department in writing, community water systems shall provide notice using the following forms of delivery:
(i) 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.
(ii) Any other method reasonably designed to reach other persons regularly served by the system, if they would not normally be reached by the notice required in subparagraph (i). Those persons may include those who do not pay water bills or do not have service connection addresses such as house renters, apartment dwellers, university students, nursing home patients or prison inmates. Other methods may include publication in a local newspaper, delivery of multiple copies for distribution by customers that provide their drinking water to others (such as apartment building owners or large private employers), posting in public places or on the Internet or delivery to community organizations.
(2) Unless directed otherwise by the Department in writing, noncommunity water systems shall provide notice using the following forms of delivery:
(i) 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, if known.
(ii) Any other method reasonably designed to reach other persons served by the system, if they would not normally be reached by the notice required in subparagraph (i). Those 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 customers, use of e-mail to notify employees or students or delivery of multiple copies in central locations such as community centers.
(d) Use of a CCR to meet the Tier 3 public notice requirements. For community water systems, the CCR required under § 109.416 (relating to CCR requirements) may be used as a vehicle for the initial Tier 3 public notice and all required repeat notices, as long as the following conditions are met:
(1) The CCR is provided to persons served no later than 12 months after the system learns of the violation or situation as required under subsection (b).
(2) The Tier 3 notice contained in the CCR follows the content requirements under § 109.411 (relating to content of a public notice).
(3) The CCR is distributed following the delivery requirements under subsection (c).
Authority The provisions of this § 109.410 amended under section 4 of the Pennsylvania Safe Drinking Water Act (35 P.S. § 721.4); and sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. § § 510-7 and 510-20).
Source The provisions of this § 109.410 adopted August 9, 2002, effective August 10, 2002, 32 Pa.B. 3894; amended May 8, 2009, effective May 9, 2009, 39 Pa.B. 2334; amended May 22, 2009, effective May 23, 2009, 39 Pa.B. 2661; corrected August 29, 2009, effective August 1, 2009, 39 Pa.B. 5119; amended December 24, 2009, effective December 26, 2009, 39 Pa.B. 7279; amended Septermber 23, 2016, effective September 24, 2016, 46 Pa.B. 6005. Immediately preceding text appears at serial pages (347089) to (347091).
Cross References This section cited in 25 Pa. Code § 109.407 (relating to general public notification requirements); 25 Pa. Code § 109.412 (relating to special notice of the availability of unregulated contaminant monitoring results); and 52 Pa. Code § 69.1601 (relating to general).
§ 109.411. Content of a public notice.
(a) Elements of a public notice. When a public water system is required to give public notice under this subchapter, each public notice must include the following elements:
(1) A description of the violation or situation, including the contaminants of concern, and (as applicable) the contaminant levels.
(2) When the violation or situation occurred.
(3) Any potential adverse health effects from the violation or situation, including the standard language under subsection (e)(1) or (2), whichever is applicable.
(4) The population at risk, including subpopulations particularly vulnerable if exposed to the contaminant in their drinking water.
(5) Whether alternative water supplies should be used.
(6) What actions consumers should take, including when they should seek medical help, if known.
(7) What the system is doing to correct the violation or situation.
(8) When the water system expects to return to compliance or resolve the situation.
(9) The name, business address and telephone number of the water system owner, operator or designee of the public water system as a source of additional information concerning the notice.
(10) A statement to encourage the notice recipient to distribute the public notice to other persons served, using the standard language under subsection (e)(3), when applicable.
(b) Abbreviated notice. If automatic telephone dialing systems, TV scrollers, bullhorn announcements or radio station news flashes are used to deliver an abbreviated notice in accordance with § 109.408(d)(1)(iii) (relating to Tier 1 public notice—categories, timing and delivery of notice), the abbreviated notice must include, at a minimum, the following elements:
(1) A description of the violation or situation, including the contaminants of concern, and (as applicable) the contaminant levels.
(2) Whether alternative water supplies should be used.
(3) What actions consumers should take, including when they should seek medical help, if known.
(4) A telephone number or web site address, or both, where consumers can obtain the entire notice.
(c) Elements of a public notice for public water systems operating under a variance or exemption.
(1) If a public water system has been granted a variance or an exemption under Subchapter I (relating to variances and exemptions issued by the Department), the public notice must contain the following elements:
(i) An explanation of the reason for the variance or exemption.
(ii) The date on which the variance or exemption was issued.
(iii) 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.
(iv) A notice of any opportunity for public input in the review of the variance or exemption.
(2) If a public water system violates the conditions of a variance or exemption, the public notice must contain the ten elements listed in subsection (a).
(d) Presentation of a public notice.
(1) Each public notice required by this section must:
(i) Be displayed in a conspicuous way when printed or posted.
(ii) Not contain overly technical language or print that is smaller than a font size of 10 points.
(iii) Not be formatted in a way that defeats the purpose of the notice.
(iv) Not contain language that nullifies the purpose of the notice.
(2) Each public notice required by this section must comply with multilingual requirements, as follows:
(i) The public notice must contain information in Spanish 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.
(ii) For each non-English-speaking group other than Spanish-speaking that exceeds 10% of the consumers for systems serving at least 1,000 people or 100 consumers for systems serving less than 1,000 people, and speaks the same language other than English, the public notice must contain information in the appropriate languages 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. The Department will make the final determination of which systems need to include this information.
(e) Standard language for a public notice. Public water systems shall include the following standard language in their public notice:
(1) Standard health effects language for primary MCL or MRDL violations, treatment technique violations and violations of the condition of a variance or exemption. Public water systems shall include in each public notice appropriate health effects language. This subchapter incorporates by reference the health effects language specified in 40 CFR Part 141, Subpart Q, Appendix B (relating to standard health effects language for public notification), corresponding to each primary MCL, MRDL and treatment technique violation listed in 40 CFR Part 141, Subpart Q, Appendix A (relating to NPDWR violations and other situations requiring public notice), and for each violation of a condition of a variance or exemption, unless other health effects language is established by regulations or order of the Department.
(i) The health effects language for fluoride is not incorporated by reference. Public water systems shall include the following health effects language in each Tier 2 public notice for violation of the primary MCL of 2 mg/L for fluoride:
‘‘This is an alert about your drinking water and a cosmetic dental problem that might affect children under nine years of age. At low levels, fluoride can help prevent cavities, but children drinking water containing more than 2 milligrams per liter (mg/L) of fluoride may develop cosmetic discoloration of their permanent teeth (dental fluorosis). 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. Drinking water containing more than 4 mg/L of fluoride (the U.S. Environmental Protection Agency’s drinking water standard) can increase your risk of developing bone disease.’’
(ii) Public water systems shall include the following health effects language in each Tier 2 public notice for violation of the primary MCL for PFOA:
‘‘Drinking water containing PFOA in excess of the MCL of 14 ng/L may cause adverse health effects, including developmental effects (neurobehavioral and skeletal effects).’’
(iii) Public water systems shall include the following health effects language in each Tier 2 public notice for violation of the primary MCL for PFOS:
‘‘Drinking water containing PFOS in excess of the MCL of 18 ng/L may cause adverse health effects, including decreased immune response.’’
(2) Standard language for violations of monitoring requirements. Public water systems shall include the following language in their notice, including the language necessary to fill in the blanks, for all violations of monitoring requirements listed in 40 CFR Part 141, Subpart Q, Appendix A:
‘‘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 [insert compliance period], we ‘‘did not monitor or test’’ or ‘‘did not complete all monitoring or testing’’ for [insert contaminant(s)] and therefore cannot be sure of the quality of your drinking water during that time.’’
(3) Standard language to encourage the distribution of the public notice to all persons served. Public water systems shall include in their notice the following language, if applicable:
‘‘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.’’
Authority The provisions of this § 109.411 amended under section 4 of the Pennsylvania Safe Drinking Water Act (35 P.S. § 721.4); and sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. § § 510-7 and 510-20).
Source The provisions of this § 109.411 adopted August 9, 2002, effective August 10, 2002, 32 Pa.B. 3894; amended May 8, 2009, effective May 9, 2009, 39 Pa.B. 2334; amended January 13, 2023, effective January 14, 2023, 53 Pa.B. 333. Immediately preceding text appears at serial pages (383434) to (383437).
Cross References This section cited in 25 Pa. Code § 109.408 (relating to Tier 1 public notice—categories, timing and delivery of notice); 25 Pa. Code § 109.410 (relating to Tier 3 public notice—categories, timing and delivery of notice); 25 Pa. Code § 109.413 (relating to special notice for nitrate exceedances above MCL by noncommunity water systems, where granted permission by the Department); 25 Pa. Code § 109.416 (relating to CCR requirements); 25 Pa. Code § 109.417 (relating to special notice for significant deficiencies by noncommunity water systems); 25 Pa. Code § 109.418 (relating to special notice for failure to conduct source water Cryptosporidium monitoring or failure to determine bin classification); 25 Pa. Code § 109.1004 (relating to public notification); and 52 Pa. Code § 69.1601 (relating to general).
§ 109.412. Special notice of the availability of unregulated contaminant monitoring results.
(a) Timing for a special notice. A community water system or nontransient, noncommunity water system required to monitor for an unregulated contaminant under 40 CFR 141.40 (relating to monitoring requirements for unregulated contaminants) shall notify persons served by the system of the availability of the results of the sampling no later than 12 months after the monitoring results are known.
(b) Delivery of a special notice. The delivery of the public notice shall follow the requirements for a Tier 3 public notice prescribed in § 109.410 (relating to Tier 3 public notice—categories, timing and delivery of notice). A public water system may use an annual report or CCR to notify persons served by the system of the availability of the results of the sampling as long as the requirements under § 109.410(d) are met. The notice must also identify a person and provide the telephone number to contact for information on the monitoring results.
Authority The provisions of this § 109.412 amended under section 4 of the Pennsylvania Safe Drinking Water Act (35 P.S. § 721.4) and sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. § § 510-7 and 510-20).
Source The provisions of this § 109.412 adopted August 9, 2002, effective August 10, 2002, 32 Pa.B. 3894; amended May 8, 2009, effective May 9, 2009, 39 Pa.B. 2334. Immediately preceding text appears at serial page (324495).
Cross References This section cited in 52 Pa. Code § 69.1601 (relating to general).
§ 109.413. Special notice for nitrate exceedances above MCL by noncommunity water systems, when granted permission by the Department.
(a) Timing for a special notice. A noncommunity water system granted permission by the Department in writing in accordance with 40 CFR 141.11(d) (relating to maximum contaminant levels for inorganic chemicals) to exceed the nitrate MCL shall provide notice to persons served according to the requirements for a Tier 1 notice under § 109.408(a) and (b) (relating to Tier 1 public notice—categories, timing and delivery of notice).
(b) Delivery of a special notice. Noncommunity water systems granted permission by the Department in writing to exceed the nitrate MCL in accordance with 40 CFR 141.11(d) shall provide continuous posting of the fact that nitrate levels exceed 10 mg/L and include the potential health effects of exposure, according to the requirements for a Tier 1 notice delivery under § 109.408(c)(2) and (d)(3) and the content requirements under § 109.411 (relating to content of a public notice).
Authority The provisions of this § 109.413 amended under section 4 of the Pennsylvania Safe Drinking Water Act (35 P.S. § 721.4); and sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. § § 510-7 and 510-20).
Source The provisions of this § 109.413 adopted August 9, 2002, effective August 10, 2002, 32 Pa.B. 3894; amended May 8, 2009, effective May 9, 2009, 39 Pa.B. 2334. Immediately preceding text appears at serial pages (324495) to (324496).
Cross References This section cited in 52 Pa. Code § 69.1601 (relating to general).
§ 109.414. Notice to new billing units or new customers.
(a) Requirements for community water systems. Community water systems shall 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.
(b) Requirements for noncommunity water systems. Noncommunity water systems shall continuously post the public notice in conspicuous locations 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.
Source The provisions of this § 109.414 adopted August 9, 2002, effective August 10, 2002, 32 Pa.B. 3894.
Cross References This section cited in 52 Pa. Code § 69.1601 (relating to general).
§ 109.415. Notice by the Department on behalf of the public water system.
(a) Failure to give public notice. If a public water supplier fails to give notice to the public as required by this subchapter, the Department may perform this notification on behalf of the supplier of water and may assess costs of notification on the responsible water supplier.
(b) System responsibilities when public notice is given by the Department. If the Department gives public notice, the public water supplier remains responsible for ensuring that the requirements of this subchapter are met.
Authority The provisions of this § 109.415 amended under section 4 of the Pennsylvania Safe Drinking Water Act (35 P.S. § 721.4); and sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. § § 510-7 and 510-20).
Source The provisions of this § 109.415 adopted August 9, 2002, effective August 10, 2002, 32 Pa.B. 3894; amended May 8, 2009, effective May 9, 2009, 39 Pa.B. 2334. Immediately preceding text appears at serial page (324496).
Cross References This section cited in 52 Pa. Code § 69.1601 (relating to general).
§ 109.416. CCR requirements.
This section applies only to community water systems and establishes the minimum requirements for the content of the annual CCR that each system shall deliver to its customers. This report must contain information on the quality of the water delivered by the system and characterize the risks, if any, from exposure to contaminants detected in the drinking water in an accurate and understandable manner.
(1) For the purposes of this section, the definitions of “customer” and “detected” established by the EPA under 40 CFR 141.151(c) and (d) (relating to definitions), respectively, are incorporated by reference.
(2) Each community water system shall deliver to its customers an annual CCR on the dates established by the EPA under 40 CFR 141.152 (relating to effective dates), which is incorporated by reference.
(3) Except as noted in subparagraphs (i)—(v), the annual report that a community water system provides to its customers shall contain all of the information, mandatory language and optional text specified by the EPA under 40 CFR 141.153 and 141.154 (relating to content of the reports; and required additional health information), which are incorporated by reference, and under 40 CFR 141, Subpart O, Appendix A (relating to regulated contaminants), which is incorporated by reference, unless other information, mandatory language or optional text is established by regulations or order of the Department. The health effects language for fluoride is not incorporated by reference. Public water systems shall include the health effects language specified in § 109.411(e)(1)(i) (relating to content of a public notice) for violation of the primary MCL of 2 mg/L fluoride.
(i) If a water system wants to use wording of its own choice in place of optional text, the water supplier shall submit the proposed wording to the Department for review and written approval prior to including it in its annual CCR. Once approved, the water supplier’s wording may be used in future CCRs without further approval from the Department as long as it is not changed and is still applicable.
(ii) The CCR shall contain information in Spanish regarding the importance of the report or contain a telephone number or address where persons served may contact the water system to obtain a translated copy of the report or to request assistance.
(iii) For each non-English-speaking group other than Spanish-speaking that exceeds 10% of the residents for systems serving at least 1,000 people or 100 residents for systems serving less than 1,000 people, and speaks the same language other than English, the report shall contain information in the appropriate languages regarding the importance of the report or contain a telephone number or address where persons served may contact the water system to obtain a translated copy of the report or to request assistance in the appropriate language. The Department will make the final determination of which systems need to include this information.
(iv) For the purpose of defining how certain portions of a CCR shall appear, the term ‘‘prominently display’’ as used in 40 CFR 141.154(a) means that the information shall be printed either in a larger size typeface or bolded or enclosed within a border or all these so as to make the information conspicuous in comparison to the rest of the text appearing before and after the prominently displayed text. Prominently displayed text placed away from other text (such as, in a highlighted or boxed area) shall be printed no smaller than the text used elsewhere in the body of the report, excluding main or section titles.
(v) Information contained in a CCR shall appear in an easy-to-read format. Font sizes below 10 points or color combinations, or both, that make it difficult for persons to read and understand the information contained in the CCR may not be used.
(3.1) Public water suppliers required to conduct monitoring for PFAS under § 109.301(16) (relating to monitoring requirements) shall also include at a minimum the following information:
(i) Information on results detected.
(A) MCL in ng/L.
(B) MCLG in ng/L.
(C) Highest level detected in ng/L.
(D) Range of detections in ng/L.
(E) Sample dates.
(F) Whether a violation occurred.
(G) Sources of contamination. The likely sources of detected contaminants to the best of the public water supplier’s knowledge. Specific information regarding contaminants may be available in sanitary surveys or source water assessments and should be used when available. If the public water supplier lacks specific information on the likely source or sources of the contaminant or contaminants, the following statement shall be used:
‘‘Discharge from manufacturing facilities and runoff from land use activities.’’
(ii) Health effects language. Public water systems shall include the health effects language specified in § 109.411(e)(1)(ii) and (iii) for violation of a primary MCL for PFAS specified in § 109.202(a) (relating to State MCLs, MRDLs and treatment technique requirements).
(4) Each community water system shall do the following:
(i) Mail or otherwise directly deliver to each customer one copy of the annual CCR no later than the date specified in paragraph (2).
(ii) Mail a paper copy of the annual CCR to the Department no later than the date the water system is required to distribute the CCR to its customers.
(iii) Make a good faith effort to reach consumers who do not get water bills. The Department will determine “good faith” based on those methods identified in 40 CFR 141.155(b) (relating to report delivery and recordkeeping), which are incorporated by reference.
(iv) Submit in writing to the Department no later than 3 months after the delivery of the annual CCR:
(A) A certification that the annual CCR has been distributed to customers and that the information contained in the report is correct and consistent with the compliance monitoring data previously submitted to the Department.
(B) A description of what was done to meet the good faith effort requirement described in subparagraph (iii).
(v) If another State agency or commission also regulates the community water system, submit a copy of the system’s annual CCR to the other agency or commission upon the specific request of that agency or commission no later than the date the water system is required to distribute the CCR to its customers. Each State agency or commission shall determine the way it requests a copy of the system’s CCR. Those agencies or commissions may include, but are not limited to, the following:
(A) The Pennsylvania Public Utility Commission and the Office of Consumer Advocate in the Office of the Attorney General, for water systems that are public utilities regulated under 66 Pa.C.S. (relating to Public Utility Code).
(B) The Department of Human Services, for self-contained community water systems serving personal care or other group housing facilities.
(C) The Department of Health, for self-contained community water systems serving skilled health care facilities.
(vi) Make copies of its annual CCR available to the public on request.
(vii) If a community water system serves 100,000 or more people, post its current year’s report to a publicly accessible site on the Internet.
(viii) Retain copies of each annual CCR and the related information required in paragraph (3) on the premises of the system or at a convenient location near the premises for no less than 3 years after the date of its delivery to customers.
Authority The provisions of this § 109.416 amended under section 4 of the Pennsylvania Safe Drinking Water Act (35 P.S. § 721.4); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).
Source The provisions of the § 109.416 adopted August 9, 2002, effective August 10, 2002, 32 Pa.B. 3894; amended August 17, 2018, effective August 18, 2018, 48 Pa.B. 4974; amended January 13, 2023, effective January 14, 2023, 53 Pa.B. 333. Immediately preceding text appears at serial pages (393285) to (393287).
Cross References This section cited in 25 Pa. Code § 109.1 (relating to definitions); 25 Pa. Code § 109.410 (relating to Tier 3 public notice—categories, timing and delivery of notice); 25 Pa. Code § 109.1004 (relating to public notification); and 52 Pa. Code § 69.1601 (relating to general).
§ 109.417. Special notice for significant deficiencies by noncommunity water systems.
(a) In addition to the applicable public notification requirements of this subchapter, a noncommunity water system that receives notice from the Department under § 109.1302(c)(2) (relating to groundwater systems with significant deficiencies or source water E. coli contamination) of a significant deficiency shall inform the public served by the water system in a manner approved by the Department of any significant deficiency that has not been corrected within 12 months of being notified by the Department, or earlier if directed by the Department. The system shall continue to inform the public annually until the significant deficiency is corrected. The information must include:
(1) The nature of the significant deficiency and the date the significant deficiency was identified by the Department.
(2) The Department-approved plan and schedule for correction of the significant deficiency, including interim measures, progress to date, and any interim measures completed.
(3) For systems with a large proportion of non-English speaking consumers specified in § 109.411(d)(2) (relating to content of a public notice), information in the appropriate languages regarding the importance of the notice or a telephone number or address where consumers may contact the system to obtain a translated copy of the notice or assistance in the appropriate language.
(b) If directed by the Department, a noncommunity water system with significant deficiencies that have been corrected in accordance with § 109.1302(c)(1) shall inform its customers of the significant deficiencies, how the deficiencies were corrected, and the dates of correction.
Authority The provisions of this § 109.417 adopted under section 4 of the Pennsylvania Safe Drinking Water Act (35 P.S. § 721.4); and sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. § § 510-17 and 510-20).
Source The provisions of this § 109.417 adopted December 24, 2009, effective December 26, 2009, 39 Pa.B. 7279.
§ 109.418. Special notice for failure to conduct source water Cryptosporidium monitoring or failure to determine bin classification.
(a) Special notice for repeated failure to conduct monitoring of the source water for Cryptosporidium and for failure to determine bin classification or Cryptosporidium level. The owner or operator of a community or noncommunity water system that is required to monitor source water under § 109.1202 (relating to monitoring requirements) shall notify persons served by the water system that monitoring has not been completed as specified no later than 30 days after the system has failed to collect any 3 months of monitoring as specified in § 109.1202(c). The notice shall be repeated as specified in § 109.409(b)(3) (relating to Tier 2 public notice—categories, timing and delivery of notice).
(b) Delivery of the special notice for failure to determine bin classification or Cryptosporidium level. The owner or operator of a community or noncommunity water system that is required to determine a bin classification under § 109.1203 (relating to bin classification and treatment technique requirements), or to determine Cryptosporidium level under § 109.1203(i) and (j), shall notify persons served by the water system that the determination has not been made as required no later than 30 days after the system has failed to report the determination as specified in § 109.1206(h) (relating to reporting and recordkeeping requirements) or § 109.1203(i) and (j), initial round and second round, respectively. The notice shall be repeated as specified in § 109.409(b)(3). The notice is not required if the system is complying with a Department-approved schedule to address the violation.
(c) Form and manner of the special notice.
(1) The form and manner of the public notice must follow the requirements for a Tier 2 public notice prescribed in § 109.409(c). The public notice shall be presented as required in § 109.411(d) (relating to content of a public notice).
(2) The notice must contain the following language, including the language necessary to fill in the blanks.
(i) 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).’’
(ii) The special notice for failure to determine bin classification or Cryptosporidium level must contain the following language:
‘‘We are required to monitor the source of your drinking water for Cryptosporidium 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).’’
(3) 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.
Authority The provisions of this § 109.418 adopted under section 4 of the Pennsylvania Safe Drinking Water Act (35 P. S. § 721.4); and sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. § § 510-17 and 510-20).
Source The provisions of this § 109.418 adopted December 24, 2009, effective December 26, 2009, 39 Pa.B. 7279.
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