(a) Which violations or situations require a Tier 3 public notice? Table 1 of this section lists the violation categories and other situations requiring a Tier 3 public notice. Appendix A to this subpart identifies the tier assignment for each specific violation or situation.
Table 1 to §141.204—Violation Categories and Other Situations Requiring a Tier 3 Public Notice
| (1) Monitoring violations under 40 CFR part 141, except where a Tier 1 notice is required under §141.202(a) or where the primacy agency determines that a Tier 2 notice is required; |
| (2) Failure to comply with a testing procedure established in 40 CFR part 141, except where a Tier 1 notice is required under §141.202(a)) or where the primacy agency determines that a Tier 2 notice is required; |
| (3) Operation under a variance granted under Section 1415 or an exemption granted under Section 1416 of the Safe Drinking Water Act; |
| (4) Availability of unregulated contaminant monitoring results, as required under §141.207; |
| (5) Exceedance of the fluoride secondary maximum contaminant level (SMCL), as required under §141.208; and |
| (6) Reporting and Recordkeeping violations under subpart Y of 40 CFR part 141. |
(b) When is the Tier 3 public notice to be provided?
(1) Public water systems must provide the public notice not later than one 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, variance, exemption, or other situation persists, but in no case less than seven days (even if the violation or situation is resolved).
(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 months, as long as the timing requirements of paragraph (b)(1) of this section are met.
(c) What is the form and manner of the 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) Unless directed otherwise by the primacy agency in writing, community water systems must provide notice by:
(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; and
(ii) Any other method reasonably calculated to reach other persons regularly served by the system, if they would not normally be reached by the notice required in paragraph (c)(1)(i) of this section. 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.). Other methods may include: Publication in a local newspaper; delivery of multiple copies for distribution by customers that provide their drinking water to others (e.g., 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 primacy agency in writing, non-community water systems must provide notice by:
(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 (where known); and
(ii) Any other method reasonably calculated to reach other persons served by the system, if they would not normally be reached by the notice required in paragraph (c)(2)(i) of this section. 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 customers; use of E-mail to notify employees or students; or, delivery of multiple copies in central locations (e.g., community centers).
(d) In what situations may the Consumer Confidence Report be used to meet the Tier 3 public notice requirements? For community water systems, the Consumer Confidence Report (CCR) required under Subpart O of this part may be used as a vehicle for the initial Tier 3 public notice and all required repeat notices, as long as:
(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 §141.204(b);
(2) The Tier 3 notice contained in the CCR follows the content requirements under §141.205; and
(3) The CCR is distributed following the delivery requirements under §141.204(c).
[65 FR 26035, May 4, 2000; 65 FR 38629, June 21, 2000, as amended at 78 FR 10350, Feb. 13, 2013]
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