Public water systems in States with primacy for the public water system supervision (PWSS) program must comply with the requirements in this subpart no later than May 6, 2002 or on the date the State-adopted rule becomes effective, whichever comes first. Public water systems in jurisdictions where EPA directly implements the PWSS program must comply with the requirements in this subpart on October 31, 2000. Prior to these dates, public water systems must continue to comply with the public notice requirements in § 141.32 of this part. The term "primacy agency" is used in this subpart to refer to either EPA or the State or the Tribe in cases where EPA, the State, or the Tribe exercises primary enforcement responsibility for this subpart.
Table 1 to § 141.201 -Violation Categories and Other Situations Requiring a Public Notice
(1) NPDWR violations: |
(i) Failure to comply with an applicable maximum contaminant level (MCL) or maximum residual disinfectant level (MRDL). |
(ii) Failure to comply with a prescribed treatment technique (TT). |
(iii) Failure to perform water quality monitoring, as required by the drinking water regulations. |
(iv) Failure to comply with testing procedures as prescribed by a drinking water regulation. |
(2) Variance and exemptions under sections 1415 and 1416 of SDWA: |
(i) Operation under a variance or an exemption. |
(ii) Failure to comply with the requirements of any schedule that has been set under a variance or exemption. |
(3) Special public notices: |
(i) Occurrence of a waterborne disease outbreak or other waterborne emergency. |
(ii) Exceedance of the nitrate MCL by non-community water systems (NCWS), where granted permission by the primacy agency under 141.11(d) of this part. |
(iii) Exceedance of the secondary maximum contaminant level (SMCL) for fluoride. |
(iv) Availability of unregulated contaminant monitoring data. |
(v) Other violations and situations determined by the primacy agency to require a public notice under this subpart, not already listed in Appendix A. |
(vi) Exceedance of the lead action level. |
Table 2 to § 141.201 -Definition of Public Notice Tiers
(1) Tier 1 public notice-required for NPDWR violations and situations with significant potential to have serious adverse effects on human health as a result of short-term exposure. |
(2) Tier 2 public notice-required for all other NPDWR violations and situations with potential to have serious adverse effects on human health. |
(3) Tier 3 public notice-required for all other NPDWR violations and situations not included in Tier 1 and Tier 2. |
40 C.F.R. §141.201