16 Del. Admin. Code § 4462-4.0

Current through Register Vol. 28, No. 7, January 1, 2025
Section 4462-4.0 - Reporting and Public Notification
4.1 Reporting
4.1.1 Results of Test, Measurement or Analysis: Except where a shorter period is specified in this part, the supplier of water shall report to the Division on forms approved by the Division the results of any test, measurement or analysis required by this part within:
4.1.1.1 The first ten (10) days following the month in which the result is received; or
4.1.1.2 The first ten (10) days following the end of the required monitoring period as stipulated by the Division, whichever of these is shortest.
4.1.1.3 Daily testing for free available chlorine residual, nitrates, pH, fluoride or other chemicals as determined by the Division is required for systems that provide treatment (addition, removal or adjustment) unless another schedule is agreed to in writing by the Division.
4.1.2 Failure to comply with a PMCL: Unless otherwise stipulated, the supplier of water shall report to the Division within twenty-four (24) hours the failure to comply with any Primary Drinking Water Regulations (including failure to comply with monitoring requirements).
4.1.3 Analysis Performed by Division of Public Health Laboratory: The supplier of water is not required to report analytical results to the Division in cases where an approved laboratory performs the analyses and reports the results directly to the Division.
4.1.4 Reporting of Unregulated Contaminants: The owner of a CWS or NTNCWS who is required to monitor under 40 CFR 141.40, shall send a copy of the results of such monitoring to the Division within thirty (30) days of receipt and any public notice issued under subsection 4.2.6 to the Division.
4.1.5 Reporting by Surface Water Systems: A PWS that uses a surface water source or a ground water source under the direct influence of surface water and provides filtration treatment must report monthly to the Division the information specified in this paragraph, beginning June 29, 1993.
4.1.5.1 Turbidity measurements must be reported within ten (10) days after the end of each month the system serves water to the public. Information that must be reported includes:
4.1.5.1.1 The total number of filtered water turbidity measurements taken during the month.
4.1.5.1.2 The number and percentage of filtered water turbidity measurements taken during the month which are less than or equal to the turbidity limits for the filtration technology being used; and
4.1.5.1.3 The date and value of any turbidity measurements taken during the month which exceed one (1) NTU.
4.1.5.2 Each system, upon discovering that a waterborne disease outbreak potentially attributable to that water system has occurred, must report that occurrence to the Division as soon as possible, but no later than by the end of the next business day. If at any time the turbidity exceeds one (1) NTU, the system must inform the Division as soon as possible, but no later than the end of the next business day. If at any time the free available chlorine residual falls below 0.3 mg/L in the water entering the distribution system, the system must notify the Division as soon as possible, but no later than by the end of the next business day. The system must also notify the Division by the end of the next business day whether or not the free available chlorine residual was restored to at least 0.3 mg/L within four (4) hours.
4.1.6 Reporting of Chemical Overfeed Incidents or Unusual Events: It is the responsibility of the owner and/or the operator of a Public Water System to report to the Division, within 24 hours, any incidents of chemical overfeed and/or unusual events.
4.1.6.1 Examples of unusual events include but are not limited to the following:

* Loss of pressure

* Well pump failure

* Main break with associated loss of pressure

* Loss of disinfectant or other treatment failure

* Acts of vandalism

* Discovery of malicious intent

4.1.7 Certification requirements: The public water system, within 10 days of completing the public notification requirements under subsection 4.2 of these regulations for the initial public notice and any repeat notices, must submit to the Division a certification that it has fully complied with the public notification requirements. The public water system must include with this certification a representative copy of each type of notice distributed, published, posted and made available to the persons served by the system and to the media.
4.1.8 Submission to the Division: The water supply system shall submit to the Division within the time stated in the request copies of any records required to be maintained under subsection 4.4 hereof or copies of any documents then in existence that the Division or the Administrator of the US Environmental Protection Agency is entitled to inspect pursuant to the authority of section 1445 of the Safe drinking Water Act or the equivalent provisions of the Delaware Code.
4.1.9 General Requirements
4.1.9.1 Each owner or operator of a public water system (community water systems, non-transient non-community water systems, and transient non-community water systems) must give notice for all violations of national primary drinking water regulations (NPDWR) and for other situations, as listed in subsection 4.1.9.1.1. The term "NPDWR violations" is used in this subsection to include violations of the maximum contaminant level (MCL), maximum residual disinfection level (MRDL), treatment technique (TT), monitoring requirements, and testing procedures. The table in subsection 4.2.3.1 identifies the tier assignment for each specific violation or situation requiring a public notice.
4.1.9.1.1 Violation categories and other situations requiring a public notice.
4.1.9.1.1.1 NPDWR violations:
4.1.9.1.1.1.1 Failure to comply with an applicable maximum contaminant level (MCL) or maximum residual disinfectant level (MRDL).
4.1.9.1.1.1.2 Failure to comply with a prescribed treatment technique (TT).
4.1.9.1.1.1.3 Failure to perform water quality monitoring, as required by the drinking water regulations.
4.1.9.1.1.1.4 Failure to comply with testing procedures as prescribed by a drinking water regulation.
4.1.9.1.1.2 Special public notices:
4.1.9.1.1.2.1 Occurrence of a waterborne disease outbreak or other waterborne emergency.
4.1.9.1.1.2.2 Exceedance of the nitrate MCL by non-community water systems (NCWS), where granted permission by the primacy agency under subsection 9.1.13.
4.1.9.1.1.2.3 Availability of unregulated contaminant monitoring data.
4.1.9.1.1.2.4 Other violations and situations determined by the primacy agency to require a public notice not already listed in subsection 4.2.3.
4.1.9.2 Public notice requirements are divided into three tiers, to take into account the seriousness of the violation or situation and of any potential adverse health effects that may be involved. The public notice requirements for each violation or situation listed in subsection 4.1.9.1.1 are determined by the tier to which it is assigned. Subsection 4.2.3 identifies the tier assignment for each specific violation or situation.
4.1.9.3 Each public water system must provide public notice to persons served by the water system, in accordance with this section.
4.1.9.3.1 Public water systems that sell or otherwise provide drinking water to other public water systems (i.e., to consecutive systems) are required to give public notice to the owner or operator of the consecutive system; the consecutive system is responsible for providing public notice to the persons it serves.
4.1.9.3.2 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 primacy agency may allow the system to limit distribution of the public notice to only persons served by that portion of the system which is out of compliance. Permission by the primacy agency for limiting distribution of the notice must be granted in writing.
4.1.9.3.3 A copy of the notice must also be sent to the primacy agency, in accordance with the requirements under subsection 4.2.1.1.4.
4.2 Public Notification
4.2.1 General Public Notice Requirements:
4.2.1.1 It shall be the duty and responsibility of a water supply owner to give public notice in accordance with the following requirements:
4.2.1.1.1 Tier 1 Public Notice: Form, manner, and frequency of notice.
4.2.1.1.1.1 Violation categories and other situations requiring a Tier 1 public notice. Subsection 4.2.3 identifies the tier assignment for each specific violation or situation.
4.2.1.1.1.1.1 Violation of the MCL for E. coli in the water distribution system (as specified in subsection 7.2), or when the water system fails to test for E. coli when any repeat sample tests positive for coliform (as specified in subsection 7.2);
4.2.1.1.1.1.2 Violation of the MCL for nitrate, nitrite, or total nitrate and nitrite, as defined in subsection 9.1, or when the water system 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 subsection 9.1.8.2 or violation of twice the MCL for fluoride as defined in subsection 9.1;
4.2.1.1.1.1.3 Exceedance of the nitrate MCL by non-community water systems, where permitted to exceed the MCL by the Division under subsection 9.1.13;
4.2.1.1.1.1.4 Violation of the MRDL for chlorine dioxide, as defined in subsection 12.3.1, 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 system does not take the required samples in the distribution system, as specified in subsection 13.7;
4.2.1.1.1.1.5 Violation of the turbidity MCL under subsection 11.1.1, where the Division determines after consultation that a Tier 1 notice is required or where consultation does not take place within 24 hours after the system learns of the violation;
4.2.1.1.1.1.6 Violation of the Surface Water Treatment Rule (SWTR) (Section 17.0), Interim Enhanced Surface Water Treatment Rule (IESWTR) (Section 18.0) or the Long Term 1 Enhanced Surface Water Treatment Rule (LT1ESWTR) (Section 20.0) treatment technique requirement resulting from a single exceedance of the maximum allowable turbidity limit (as identified in subsection 4.2.3), where the Division determines after consultation that a Tier 1 notice is required or where consultation does not take place within 24 hours after the system learns of the violation;
4.2.1.1.1.1.7 Occurrence of a waterborne disease outbreak, as defined in Section 2.0, or other waterborne emergency (such as a failure or significant interruption in key water treatment processes, a natural disaster that disrupts the water supply or distribution system, or a chemical spill or unexpected loading of possible pathogens into the source water that significantly increases the potential for drinking water contamination);
4.2.1.1.1.1.8 Detection of E. coli, enterococci, or coliphage in source water samples as specified in subsections 8.3.1 and 8.3.2;
4.2.1.1.1.1.9 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 Division either in these regulations or on a case-by-case basis.
4.2.1.1.1.2 Public water systems must:
4.2.1.1.1.2.1 Provide a public notice as soon as practical but no later than 24 hours after the system learns of the violation;
4.2.1.1.1.2.2 Initiate consultation with the Division as soon as practical, but no later than 24 hours after the public water system learns of the violation or situation, to determine additional public notice requirements; and
4.2.1.1.1.2.3 Comply with any additional public notification requirements (including any repeat notices or direction on the duration of the posted notices) that are established as a result of the consultation with the Division. Such requirements may include the timing, form, manner, frequency, and content of repeat notices (if any) and other actions designed to reach all persons served.
4.2.1.1.1.3 Public water systems must provide the notice within 24 hours in a form and manner reasonably calculated to reach all persons served. The form and manner used by the public water system are to fit the specific situation, but must be designed to reach residential, transient, and non-transient users of the water system. In order to reach all persons served, water systems are to use, at a minimum, one or more of the following forms of delivery:
4.2.1.1.1.3.1 Appropriate broadcast media (such as radio and television);
4.2.1.1.1.3.2 Posting of the notice in conspicuous locations throughout the area served by the water system;
4.2.1.1.1.3.3 Hand delivery of the notice to persons served by the water system; or
4.2.1.1.1.3.4 Another delivery method approved in writing by the Division.
4.2.1.1.2 Tier 2 Public Notice: Form, manner and frequency of notice
4.2.1.1.2.1 Violation categories and other situations requiring a Tier 2 public notice. Subsection 4.2.3 identifies the tier assignment for each specific violation or situation.
4.2.1.1.2.1.1 All violations of the MCL, MRDL, Surface Water Treatment Rule (SWTR), Interim Enhanced Surface Water Treatment Rule (IESWTR), the Long Term 1 Enhanced Surface Water Treatment Rule (LT1ESWTR), the Long Term 2 ESWTR, Lead and Copper Rule (LCR), Disinfectant/Disinfection Byproduct Rules (DBPRs), and the Ground Water Rule (GWR) treatment technique requirements, except where a Tier 1 notice is required under subsection 4.1.1.1 or where the Division determines that a Tier 1 notice is required;
4.2.1.1.2.1.2 Violations of the monitoring and testing procedure requirements, where the Division 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;
4.2.1.1.2.1.3 Special notice for repeated failure to conduct monitoring of the source water for Cryptosporidium and for failure to determine bin classification or mean Cryptosporidium level.
4.2.1.1.2.1.3.1 The owner or operator of a community or non-community water system that is required to monitor source water under subsection 21.2 must notify persons served by the water system that monitoring has not been completed as specified no later than 14 days after the system has failed to collect any 3 months of monitoring as specified in subsection 21.2.3. The notice must be repeated as specified in subsection 4.2.1.1.2.2.1.
4.2.1.1.2.1.3.2 The owner or operator of a community or non-community water system that is required to determine a bin classification under subsection 21.11, or to determine mean Cryptosporidium level under subsection 21.13, must notify persons served by the water system that the determination has not been made as required no later than 14 days after the system has failed to report the determination as specified in subsection 21.11.5 or subsection 21.13.1, respectively. The notice must be repeated as specified in subsection 4.2.1.1.2.2.1. The notice is not required if the system is complying with a Division-approved schedule to address the violation.
4.2.1.1.2.1.3.3 The form and manner of the public notice must follow the requirements for a Tier 2 public notice prescribed in subsection 4.2.1.1.2. The public notice must be presented as required in subsection 4.2.2.3.1.
4.2.1.1.2.1.3.4 The notice must contain the following language, including the language necessary to fill in the blanks.
4.2.1.1.2.1.3.4.1 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).

4.2.1.1.2.1.3.4.2 The special notice for failure to determine bin classification or mean Cryptosporidium level must contain the following language:

We are required to monitor the source of your drinking water for Cryptosporidium in order 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).

4.2.1.1.2.1.3.4.3 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.
4.2.1.1.2.1.4 Failure to take corrective action or failure to maintain at least 4-log treatment of viruses (using inactivation, removal, or a Division-approved combination of 4-log virus inactivation and removal) before or at the first customer under subsection 8.4.1.
4.2.1.1.2.1.5 Other violations or situations with significant potential to have adverse effects on human health as a result of exposure, as determined by the Division either in these regulations or on a case-by-case basis.
4.2.1.1.2.2 Public water systems must:
4.2.1.1.2.2.1 Public water systems must provide the public notice as soon as practical, but no later than 14 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 seven days, even if the violation or situation is resolved.
4.2.1.1.2.2.2 The public water system must repeat the notice every three months as long as the violation or situation persists, unless the Division determines that appropriate circumstances warrant a different repeat notice frequency. In no circumstance may the repeat notice be given less frequently than once per year. It is not appropriate for the Division to allow less frequent repeat notice for an MCL violation or treatment technique violation under the Total Coliform Rule or subsection 7.4 or a treatment technique violation under the Surface Water Rule or Interim Enhanced Surface Water Treatment rule. It is also not appropriate for the Division to allow through its rules or its policies across-the-board reductions in the repeat notice frequency for other ongoing violation requiring a Tier 2 repeat notice. Division determinations allowing repeat notices to be given less frequently than once every three months must be in writing.
4.2.1.1.2.2.3 For the turbidity violations specified in this paragraph, public water systems must consult with the Division as soon as practical but no later than 24 hours after the public water system learns of the violation, to determine whether a Tier 1 public notice under subsection 4.1.1.1 is required to protect public health. When consultation does not take place within the 24-hour period, the water system must distribute a Tier 1 notice of the violation within the next 24 hours (i.e., no later than 48 hours after the system learns of the violation), following the requirements under subsections 4.1.1.2 and 4.1.1.3. Consultation with the Division is required for:
4.2.1.1.2.2.3.1 Violation of the turbidity MCL under subsection 7.1.1; or
4.2.1.1.2.2.3.2 Violation of the SWTR, IESWTR or LT1ESWTR treatment technique requirement resulting from a single exceedance of the maximum allowable turbidity limit.
4.2.1.1.2.2.3.3 Public water systems must provide the initial public 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:
4.2.1.1.2.2.3.3.1 Unless directed otherwise by the Division in writing, community water systems must provide notice by:
4.2.1.1.2.2.3.3.1.1 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
4.2.1.1.2.2.3.3.1.2 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 subsection 4.2.1.3.1.1. 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 served by the system or on the Internet; or delivery to community organizations.
4.2.1.1.2.2.3.3.2 Unless directed otherwise by the Division in writing, non-community water systems must provide notice by:
4.2.1.1.2.2.3.3.2.1 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
4.2.1.1.2.2.3.3.2.2 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 subsection 4.2.1.1.3.2.1. Such 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 (e.g., community centers).
4.2.1.1.3 Tier 3 Public Notice: Form, manner, and frequency of notice
4.2.1.1.3.1 Violation categories and other situations requiring a Tier 3 public notice. Subsection 4.2.3 identifies the tier assignment for each specific violation or situation.
4.2.1.1.3.1.1 Monitoring violations under 40 CFR part 141, except where a Tier 1 notice is required under subsection 4.2.1.1 or where the Division determines that a Tier 2 notice is required;
4.2.1.1.3.1.2 Failure to comply with a testing procedure established in 40 CFR part 141, except where a Tier 1 notice is required under subsection 4.2.1.1 or where the Division determines that a Tier 2 notice is required;
4.2.1.1.3.1.3 Failure to comply with subsection 3.6 of these regulations;
4.2.1.1.3.1.4 Availability of unregulated contaminant monitoring results, as required under subsection 4.2.6;
4.2.1.1.3.1.5 Other violations or situations with significant potential to have adverse effects on human health as a result of exposure, as determined by the Division either in these regulations or on a case-by-case basis; and
4.2.1.1.3.1.6 Reporting and recordkeeping violations under subsection 7.4.
4.2.1.1.3.2 Public water systems must:
4.2.1.1.3.2.1 Public water systems must provide the public notice not later than 90 days after the public water system learns of the violation or situation. Following the initial notice, the public water system must repeat the notice annually for as long as the violation or other situation persists. If the public notice is posted, the notice must remain in place for as long as the violation or other situation persists, but in no case less than seven days (even if the violation or situation is resolved).
4.2.1.1.3.3 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:
4.2.1.1.3.3.1 Unless directed otherwise by the Division in writing, community water systems must provide notice by:
4.2.1.1.3.3.1.1 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
4.2.1.1.3.3.1.2 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 subsection 4.2.1.1.3.1.1. 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.
4.2.1.1.3.3.2 Unless directed otherwise by the Division in writing, non-community water systems must provide notice by:
4.2.1.1.3.3.2.1 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
4.2.1.1.3.3.2.2 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 subsection 4.2.1.1.3.3.2.1. 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).
4.2.1.1.4 Certification to the Division: The owner of a public water system, within ten (10) days of completing the public notice requirements of this section for the initial public notice and any repeat notices, shall submit to the Division a completed Delivery Certification Form, certifying when and how the public notice was delivered and that they have complied with the public notice regulations. The owner shall include with this certification a copy, as delivered, of each type of notice distributed, published, posted, and made available to the persons served by the system and to the media.
4.2.1.1.5 The Division may, at their discretion, also require a more stringent public notice tier (e.g., Tier 1 instead of Tier 2 or Tier 2 instead of Tier 3) for specific violations and situations.
4.2.2 Content of a Public Notice
4.2.2.1 When a public water system violates a NPDWR or has a situation requiring public notification, each public notice must include the following elements:
4.2.2.1.1 A description of the violation or situation, including the contaminant(s) of concern, and (as applicable) the contaminant level(s);
4.2.2.1.2 When the violation or situation occurred;
4.2.2.1.3 Any potential adverse health effects from the violation or situation, including the standard language under subsections 4.2.2.4.1 or 4.2.2.4.2, whichever is applicable;
4.2.2.1.4 The population at risk, including subpopulations particularly vulnerable if exposed to the contaminant in their drinking water;
4.2.2.1.5 Whether alternative water supplies should be used;
4.2.2.1.6 What actions consumers should take, including when they should seek medical help, if known;
4.2.2.1.7 What the system is doing to correct the violation or situation;
4.2.2.1.8 When the water system expects to return to compliance or resolve the situation;
4.2.2.1.9 The name, business address, and phone number of the water system owner, operator, or designee of the public water system as a source of additional information concerning the notice; and
4.2.2.1.10 A statement to encourage the notice recipient to distribute the public notice to other persons served, using the standard language under subsection 4.2.2.3.3, where applicable.
4.2.2.2 The public notice shall:
4.2.2.2.1 Each public notice required by this section:
4.2.2.2.1.1 Must be displayed in a conspicuous way when printed or posted;
4.2.2.2.1.2 Must not contain overly technical language or very small print;
4.2.2.2.1.3 Must not be formatted in a way that defeats the purpose of the notice;
4.2.2.2.1.4 Must not contain language which nullifies the purpose of the notice.
4.2.2.2.2 Each public notice required by this section must comply with multilingual requirements, as follows:
4.2.2.2.2.1 For public water systems serving a large proportion of non-English speaking consumers, as determined by the Division, the public notice must contain information in the appropriate language(s) 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.
4.2.2.2.2.2 In cases where the Division has not determined what constitutes a large proportion of non-English speaking consumers, the public water system must include in the public notice the same information as in subsection 4.2.2.2.2.1, where appropriate to reach a large proportion of non-English speaking persons served by the water system.
4.2.2.3 Public water systems are required to include the following standard language in their public notice:
4.2.2.3.1 Standard health effects language for MCL or MRDL violations, and treatment technique violations. Public water systems must include in each public notice the health effects language specified in subsection 4.2.2.5 corresponding to each MCL, MRDL, and treatment technique violation listed in subsection 4.2.2.
4.2.2.3.2 Standard language for monitoring and testing procedure violations. Public water systems must include the following language in their notice, including the language necessary to fill in the blanks, for all monitoring and testing procedure violations listed in subsection 4.2.2:

"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 [compliance period], we "did not monitor or test" or "did not complete all monitoring or testing" for [contaminant(s)], and therefore cannot be sure of the quality of your drinking water during that time."

4.2.2.3.3 Standard language to encourage the distribution of the public notice to all persons served. Public water systems must include in their notice the following language (where 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."

4.2.2.4 Mandatory Health Effects Language:
4.2.2.4.1 When providing the information on potential adverse health effects required by subsection 4.2.2.3.1 in notices of violations of MCLs or treatment technique requirements the owner of a PWS must include the following mandatory language specific to each contaminant:
4.2.2.4.1.1 Microbiological Contaminants:

Inadequately treated or inadequately protected water may contain disease-causing organisms. These organisms can cause symptoms such as diarrhea, nausea, cramps, and associated headaches.

Coliforms are bacteria that are naturally present in the environment and are used as an indicator that other, potentially-harmful, bacteria may be present or that a potential pathway exists through which contaminants may enter the drinking water distribution system. We found coliforms indicating the need to look for potential problems in water treatment or distribution. When this occurs we are required to conduct assessments to identify problems and to correct any problems that are found.

[THE SYSTEM MUST USE THE FOLLOWING APPLICABLE SENTENCES]

We failed to conduct the required assessment.

We failed to correct all identified sanitary defects that were found during the assessment(s).

E. coli are bacteria whose presence indicates that the water may be contaminated with human or animal wastes. Microbes in these wastes can cause short-term effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a special health risk for infants, young children, the elderly and people with severely compromised immune systems. We violated the standard for E.coli, indicating the need to look for potential problems in water treatment or distribution. When this occurs we are required to conduct a detailed assessment to identify problems and to correct any problems that are found.

[THE SYSTEM MUST USE THE FOLLOWING APPLICABLE SENTENCES]

We failed to conduct the required assessment.

We failed to correct all identified sanitary defects that were found during the assessment that we conducted,

Total organic carbon (TOC): Total organic carbon (TOC) has no health effects. However, total organic carbon provides a medium for the formation of disinfection byproducts. These byproducts include trihalomethanes (THMs) and haloacetic acids (HAAs). Drinking water containing these byproducts in excess of the MCL may lead to adverse health effects, liver or kidney problems, or nervous system effects, and may lead to an increased risk of getting cancer.

Turbidity: Turbidity has no health effects. However, turbidity can interfere with disinfection and provide a medium for microbial growth. Turbidity may indicate the presence of disease-causing organisms. These organisms include bacteria, viruses, and parasites that can cause symptoms such as nausea, cramps, diarrhea, and associated headaches.

Giardia Iamblia, viruses, Heterotrophic plate count (HPC) bacteria, Legionella, and Cryptosporidium: Inadequately treated water may contain disease-causing organisms. These organisms include bacteria, viruses, and parasites which can cause symptoms such as nausea, cramps, diarrhea, and associated headaches. The language in this paragraph shall be used for any violation of the following rules: the Surface Water Treatment Rule; The Interim Enhanced Surface Water Treatment Rule; The Filter Backwash Recycling Rule; and, the Long Term 1 Enhanced Surface Water Treatment Rule.

4.2.2.4.1.2 Inorganic Contaminants:

* Antimony: Some people who drink water containing antimony well in excess of the MCL over many years could experience increases in blood cholesterol and decreases in blood sugar.

* Arsenic: Some people who drink water containing arsenic in excess of the MCL over many years could experience skin damage or problems with their circulatory system, and may have an increased risk of getting cancer. * Asbestos: Some people who drink water containing asbestos in excess of the MCL over many years may have an increased risk of developing benign intestinal polyps.

* Barium: Some people who drink water containing barium in excess of the MCL over many years could experience an increase in their blood pressure.

* Beryllium: Some people who drink water containing beryllium well in excess of the MCL over many years could develop intestinal lesions.

* Cadmium: Some people who drink water containing cadmium in excess of the MCL over many years could experience kidney damage. * Chromium: Some people who use water containing chromium well in excess of the MCL over many years could experience allergic dermatitis.

* Copper: Copper is an essential nutrient, but some people who drink water containing copper in excess of the action level over a relatively short amount of time could experience gastrointestinal distress. Some people who drink water containing copper in excess of the action level over many years could suffer liver or kidney damage. People with Wilson's Disease should consult their personal doctor.

* Cyanide: Some people who drink water containing cyanide well in excess of the MCL over many years could experience nerve damage or problems with their thyroid.

* Lead: Infants and children who drink water containing lead in excess of the action level could experience delays in their physical or mental development. Children could show slight deficits in attention span and learning abilities. Adults who drink this water over many years could develop kidney problems or high blood pressure.

* Mercury (inorganic): Some people who drink water containing inorganic mercury well in excess of the MCL over many years could experience kidney damage.

* Nickel: Some people who drink water containing nickel well in excess of the MCL over many years could experience heart and liver damage.

* Nitrate: Infants below the age of six months who drink water containing nitrate in excess of the MCL could become seriously ill and, if untreated, may die. Symptoms include shortness of breath and blue-baby syndrome.

* Nitrite: Infants below the age of six months who drink water containing nitrite in excess of the MCL could become seriously ill and, if untreated, may die. Symptoms include shortness of breath and blue-baby syndrome.

* Selenium: Selenium is an essential nutrient. However, some people who drink water containing selenium in excess of the MCL over many years could experience hair or fingernail losses, numbness in fingers or toes, or problems with their circulation.

* Thallium: Some people who drink water containing thallium in excess of the MCL over many years could experience hair loss, changes in their blood, or problems with their kidneys, intestines, or liver.

4.2.2.4.1.3 Synthetic Organic Compounds

* 2,4-D: Some people who drink water containing the weed killer 2,4-D well in excess of the MCL over many years could experience problems with their kidneys, liver, or adrenal glands.

* 2,4,5-TP [Silvex]: Some people who drink water containing silvex in excess of the MCL over many years could experience liver problems.

* Acrylamide: Some people who drink water containing high levels of acrylamide over a long period of time could have problems with their nervous system or blood, and may have an increased risk of getting cancer.

* Alachlor: Some people who drink water containing alachlor in excess of the MCL over many years could have problems with their eyes, liver, kidneys, or spleen, or experience anemia, and may have an increased risk of getting cancer.

* Atrazine. Some people who drink water containing atrazine well in excess of the MCL over many years could experience problems with their cardiovascular system or reproductive difficulties.

* Benzo(a)pyrene (PAH). Some people who drink water containing benzo(a)pyrene in excess of the MCL over many years may experience reproductive difficulties and may have an increased risk of getting cancer.

* Carbofuran: Some people who drink water containing carbofuran in excess of the MCL over many years could experience problems with their blood, or nervous or reproductive systems. * Chlordane: Some people who drink water containing chlordane in excess of the MCL over many years could experience problems with their liver or nervous system, and may have an increased risk of getting cancer.

* Dalapon: Some people who drink water containing dalapon well in excess of the MCL over many years could experience minor kidney changes.

* Di(2-ethylhexyl)adipate: Some people who drink water containing di (2-ethylhexyl) adipate well in excess of the MCL over many years could experience general toxic effects or reproductive difficulties.

* Di(2-ethylhexyl)phthalate: Some people who drink water containing di (2-ethylhexyl) phthalate in excess of the MCL over many years may have problems with their liver, or experience reproductive difficulties, and may have an increased risk of getting cancer.

* Dibromochloropropane (DBCP): Some people who drink water containing DBCP in excess of the MCL over many years could experience reproductive difficulties and may have an increased risk of getting cancer.

* Dinoseb: Some people who drink water containing dinoseb well in excess of the MCL over many years could experience reproductive difficulties.

* Diquat: Some people who drink water containing diquat in excess of the MCL over many years could get cataracts.

* Dioxin (2,3,7,8-TCDD): Some people who drink water containing dioxin in excess of the MCL over many years could experience reproductive difficulties and may have an increased risk of getting cancer.

* Endothall: Some people who drink water containing endothall in excess of the MCL over many years could experience problems with their stomach or intestines.

* Endrin: Some people who drink water containing endrin in excess of the MCL over many years could experience liver problems.

* Epichlorohydrin: Some people who drink water containing high levels of epichlorohydrin over a long period of time could experience stomach problems, and may have an increased risk of getting cancer.

* Ethylene dibromide (EDB): Some people who drink water containing ethylene dibromide in excess of the MCL over many years could experience problems with their liver, stomach, reproductive system, or kidneys, and may have an increased risk of getting cancer.

* Glyphosate: Some people who drink water containing glyphosate in excess of the MCL over many years could experience problems with their kidneys or reproductive difficulties.

* Heptachlor: Some people who drink water containing heptachlor in excess of the MCL over many years could experience liver damage and may have an increased risk of getting cancer.

* Heptachlor Epoxide: Some people who drink water containing heptachlor epoxide in excess of the MCL over many years could experience liver damage, and may have an increased risk of getting cancer.

* Hexachlorobenzene: Some people who drink water containing hexachlorobenzene in excess of the MCL over many years could experience problems with their liver or kidneys, or adverse reproductive effects, and may have an increased risk of getting cancer.

* Hexachlorocyclopentadiene: Some people who drink water containing hexachlorocyclopentadiene well in excess of the MCL over many years could experience problems with their kidneys or stomach.

* Lindane: Some people who drink water containing lindane in excess of the MCL over many years could experience problems with their kidneys or liver.

* Methoxychlor: Some people who drink water containing methoxychlor in excess of the MCL over many years could experience reproductive difficulties.

* Oxamyl [Vydate]: Some people who drink water containing oxamyl in excess of the MCL over many years could experience slight nervous system effects.

* PCBs [Polychlorinated Biphenyls]: Some people who drink water containing PCBs in excess of the MCL over many years could experience changes in their skin, problems with their thymus gland, immune deficiencies, or reproductive or nervous system difficulties, and may have an increased risk of getting cancer.

* Pentachlorophenol: Some people who drink water containing pentachlorophenol in excess of the MCL over many years could experience problems with their liver or kidneys, and may have an increased risk of getting cancer.

* Picloram: Some people who drink water containing picloram in excess of the MCL over many years could experience problems with their liver.

* Simazine: Some people who drink water containing simazine in excess of the MCL over many years could experience problems with their blood.

* Toxaphene: Some people who drink water containing toxaphene in excess of the MCL over many years could have problems with their kidneys, liver, or thyroid, and may have an increased risk of getting cancer.

4.2.2.4.1.4 Volatile Organic Compounds:

* Benzene: Some people who drink water containing benzene in excess of the MCL over many years could experience anemia or a decrease in blood platelets, and may have an increased risk of getting cancer.

* Carbon Tetrachloride: Some people who drink water containing carbon tetrachloride in excess of the MCL over many years could experience problems with their liver and may have an increased risk of getting cancer.

* Chlorobenzene [Monochlorobenzene]: Some people who drink water containing chlorobenzene in excess of the MCL over many years could experience problems with their liver or kidneys.

* o-Dichlorobenzene: Some people who drink water containing o-dichlorobenzene well in excess of the MCL over many years could experience problems with their liver, kidneys, or circulatory systems.

* p-Dichlorobenzene: Some people who drink water containing p-dichlorobenzene in excess of the MCL over many years could experience anemia, damage to their liver, kidneys, or spleen, or changes in their blood.

* 1,2-Dichloroethane: Some people who drink water containing 1,2-dichloroethane in excess of the MCL over many years may have an increased risk of getting cancer.

* 1,1-Dichloroethylene:Some people who drink water containing 1,1-dichloroethylene in excess of the MCL over many years could experience problems with their liver.

* Cis-1,2-Dichloroethylene: Some people who drink water containing cis-1,2-dichloroethylene in excess of the MCL over many years could experience problems with their liver.

* Trans-1,2-Dichloroethylene: Some people who drink water containing trans-1,2-dichloroethylene well in excess of the MCL over many years could experience problems with their liver.

* Dichloromethane: Some people who drink water containing dichloromethane in excess of the MCL over many years could have liver problems and may have an increased risk of getting cancer.

* 1,2-Dichloropropane: Some people who drink water containing 1,2-dichloropropane in excess of the MCL over many years may have an increased risk of getting cancer.

* Ethylbenzene: Some people who drink water containing ethylbenzene well in excess of the MCL over many years could experience problems with their liver or kidneys.

* Methyl [tert] Butyl Ether (MTBE): Some people who drink water containing MTBE in excess of the MCL over many years may experience problems of the central nervous system, including loss of muscle coordination, tremors, difficulty breathing, and drowsiness.

* Styrene: Some people who drink water containing styrene well in excess of the MCL over many years could have problems with their liver, kidneys, or circulatory system.

* Tetrachloroethylene: Some people who drink water containing tetrachloroethylene in excess of the MCL over many years could have problems with their liver, and may have an increased risk of getting cancer.

* 1,2,4-Trichlorobenzene: Some people who drink water containing 1,2,4-trichlorobenzene well in excess of the MCL over many years could experience changes in their adrenal glands.

* 1,1,1-Trichloroethane: Some people who drink water containing 1,1,1-trichloroethane in excess of the MCL over many years could experience problems with their liver, nervous system, or circulatory system.

* 1,1,2-Trichloroethane: Some people who drink water containing 1,1,2-trichloroethane well in excess of the MCL over many years could have problems with their liver, kidneys, or immune systems.

* Trichloroethylene: Some people who drink water containing trichloroethylene in excess of the MCL over many years could experience problems with their liver and may have an increased risk of getting cancer.

* Toluene: Some people who drink water containing toluene well in excess of the MCL over many years could have problems with their nervous system, kidneys, or liver.

* Vinyl Chloride: Some people who drink water containing vinyl chloride in excess of the MCL over many years may have an increased risk of getting cancer.

* Xylenes: Some people who drink water containing xylenes in excess of the MCL over many years could experience damage to their nervous system.

4.2.2.4.1.5 Radiological Compounds

* Beta/photon emitters: Certain minerals are radioactive and may emit forms of radiation known as photons and beta radiation. Some people who drink water containing beta and photon emitters in excess of the MCL over many years may have an increased risk of getting cancer.

* Alpha emitters: Certain minerals are radioactive and may emit a form of radiation known as alpha radiation. Some people who drink water containing alpha emitters in excess of the MCL over many years may have an increased risk of getting cancer.

* Combined Radium 226/228: Some people who drink water containing radium 226 or 228 in excess of the MCL over many years may have an increased risk of getting cancer.

* Uranium: Some people who drink water containing uranium in excess of the MCL over many years may have an increased risk of getting cancer and kidney toxicity.

4.2.2.4.1.6 Disinfection/Disinfection Byproducts (DBPs), Byproduct Precursors, Disinfection Residuals: Where disinfection is used in the treatment of drinking water, disinfectants combine with organic and inorganic matter present in water to form chemicals called disinfection byproducts (DBPs). EPA sets standards for controlling the levels of disinfectants and DBPs in drinking water, including trihalomethanes (THMs) and haloacetic acids (HAAs).

* Chlorine: Some people who use water containing chlorine well in excess of the MRDL could experience irritating effects to their eyes and nose. Some people who drink water containing chlorine well in excess of the MRDL could experience stomach discomfort.

* Chloramines: Some people who use water containing chloramines well in excess of the MRDL could experience irritating effects to their eyes and nose. Some people who drink water containing chloramines well in excess of the MRDL could experience stomach discomfort or anemia.

* Chlorine dioxide, where any two consecutive daily samples taken at the entrance to the distribution system are above the MRDL: Some infants and young children who drink water containing chlorine dioxide in excess of the MRDL could experience nervous system effects. Similar effects may occur in fetuses of pregnant women who drink water containing chlorine dioxide in excess of the MRDL. Some people may experience anemia.

* Add for public notification only: The chlorine dioxide violations reported today are the result of exceedances at the treatment facility only, not within the distribution system which delivers water to consumers. Continued compliance with chlorine dioxide levels within the distribution system minimizes the potential risk of these violations to consumers.

* Chlorine dioxide, where one or more distribution system samples are above the MRDL: Some infants and young children who drink water containing chlorine dioxide in excess of the MRDL could experience nervous system effects. Similar effects may occur in fetuses of pregnant women who drink water containing chlorine dioxide in excess of the MRDL. Some people may experience anemia.

* Add for public notification only: The chlorine dioxide violations reported today include exceedances of the EPA standard within the distribution system which delivers water to consumers. Violations of the chlorine dioxide standard within the distribution system may harm human health based on short-term exposures. Certain groups, including fetuses, infants, and young children, may be especially susceptible to nervous system effects from excessive exposure to chlorine dioxide-treated water.

* Disinfection byproducts and treatment technique for DBPs: The United States Environmental Protection Agency (EPA) sets drinking water standards and requires the disinfection of drinking water. However, when used in the treatment of drinking water, disinfectants react with naturally-occurring organic and inorganic matter present in water to form chemicals called disinfection byproducts (DBPs). EPA has determined that a number of DBPs are a health concern at certain levels of exposure. Certain DBPs, including some trihalomethanes (THMs) and some haloacetic acids (HAAs), have been shown to cause cancer in laboratory animals. Other DBPs have been shown to affect the liver and the nervous system, and cause reproductive or developmental effects in laboratory animals. Exposure to certain DBPs may produce similar effects in people. EPA has set standards to limit exposure to THMs, HAAs, and other DBPs.

* Bromate: Some people who drink water containing bromate in excess of the MCL over many years may have an increased risk of getting cancer.

* Chlorite: Some infants and young children who drink water containing chlorite in excess of the MCL could experience nervous system effects. Similar effects may occur in fetuses of pregnant women who drink water containing chlorite in excess of the MCL. Some people may experience anemia.

* Haloacetic Acids (HAA): Some people who drink water containing haloacetic acids in excess of the MCL over many years may have an increased risk of getting cancer.

* TTHMs [Total Trihalomethanes]: Some people who drink water containing trihalomethanes in excess of the MCL over many years may experience problems with their liver, kidneys, or central nervous systems, and may have an increased risk of getting cancer.

4.2.2.4.1.7 Public Notification for Fluoride: Notice of violations of the MCL for fluoride shall consist of the public notice prescribed in this section, plus a description of any steps which the system is taking to come into compliance. The public notice must contain the following language:

Drinking water containing fluoride in excess of the MCL over many years may cause mottling of children's teeth, usually in children less than nine years old. Mottling, also known as dental fluorosis, may include brown staining and/or pitting of the teeth, and occurs only in developing teeth before they erupt from the gums. Fluoride in drinking water at twice the MCL may cause bone disease, including pain and tenderness of the bones.

For more information, please call [name of water system contact] of [name of community water system] at [phone number]. Some home water treatment units are also available to remove fluoride from drinking water. To learn more about available home water treatment units, you may call NSF International at 1-877-8-NSF-HELP.

4.2.2.5 Public Notification by the State: The Division may give notice to the public required by this section on behalf of the owner of a public water system if the Division complies with the requirements of this section. However, the owner of the public water system remains legally responsible for ensuring that the requirements of this section are met.
4.2.2.6 Record Maintenance: Copies of public notices issued pursuant to subsection 4.2.2 of this part and certifications made to the Division pursuant to subsection 4.2.1.1.4 must be kept for five (5) years after issuance.
4.2.3 Frequency, Tier Designation and Distribution of Public Notification:
4.2.3.1 NPDWR Violations and Other Situations Requiring Public Notice1: Public notices shall be provided in accordance with the requirements of subsections 4.2.1, 4.2.2 and the following table:

Contaminant

MCL/MRDL/TT violations2

Monitoring and Testing Procedure violations

Tier of Public Notice Required

Citation

Tier of Public Notice Required

Citation

1. Violations of National Primary Drinking Water Regulations (NPDWR)3

A. Microbiological Contaminants

1.a. Total coliform bacteria [DAGGER]

2

7.0

3

7.0

1.b Total coliform (TT violations resulting from failure to perform assessments or corrective actions, monitoring violations, and reporting violations) [DOUBLE DAGGER]

2

7.4.10.2.1

3

7.4.10.3.1

1.c Seasonal system failure to follow Division-approved start-up plan prior to serving water to the public or failure to provide certification to the Division [DOUBLE DAGGER]

2

7.4.4.10.2.2

3

7.4.10.4.3

2.a Fecal coliform/E. coli [DAGGER]

1

7.0

41,3

7.0

2.b E. coli (MCL, monitoring, and reporting violations) [DOUBLE DAGGER]

1

7.4.10.1

3

7.4.10.3.2

7.4.10.4.1

7.4.10.4.2

2.c E. coli (TT violations resulting from failure to perform Level 2 Assessments or corrective action) [DOUBLE DAGGER]

2

7.4.10.2.1

3. Turbidity MCL

2

16.4

3

16.5

4. Turbidity MCL (average of 2 days samples >5 NTU)

52,1

16.4

3

16.5

5. Turbidity (for TT violations resulting from a single exceedance of maximum allowable turbidity level)

62,1

16.4

3

16.5

6. Surface Water Treatment rule violations, other than violations resulting from single exceedance of max. allowable turbidity level (TT)

2

16.0

3

16.0

7. Interim Enhanced Surface Water Treatment Rule violations, other than violations resulting from single exceedance of max. allowable turbidity level (TT)

72

17.0

3

17.0

8. Filter Backwash Recycling Rule violations.

2

18.0

3

18.0

9. Long Term 1 Enhanced Surface Water Treatment Rule violations]

2

19.0

3

19.0

10. Long Term 2 Enhanced Surface water Treatment Rule violations

2

20.0

222,3

20.2-20.6 and 20.9-20.10

11.Ground Water Rule Violations

2

8.0

3

8.4.2

B. Inorganic Chemicals (IOCs)

1. Antimony

2

9.1

3

9.1.2

2. Arsenic

2

89.1

3

119.1.2

3. Asbestos(fibers >10 microns)

2

9.1

3

9.1.2

4. Barium

2

9.1

3

9.1.2

5. Beryllium

2

9.1

3

9.1.2

6. Cadmium

2

9.1

3

9.1.2

7. Chromium (Total)

2

9.1

3

9.1.2

8. Cyanide

2

9.1

3

9.1.2

9. Fluoride

1,2

9.1

3

9.1.2

10. Mercury (inorganic)

2

9.1

3

9.1.2

11. Nickel

2

9.1

3

9.1.2

12. Nitrate

1

9.1

121,3

9.1.2

13. Nitrite

1

9.1

121,3

9.1.2

14. Total Nitrate and Nitrite

1

9.1

3

9.1.2

15. Selenium

2

9.1

3

9.1.2

16. Thallium

2

9.1

3

9.1.2

C. Lead and Copper Rule (Action level for lead is 0.015 mg/L, for copper is 1.3 mg/L)

1. Lead and Copper rule (TT)

2

10.0

3

10.0

D. Synthetic Organic Chemicals (SOCs)

1. 2,4 - D

2

9.2.1.1

3

9.2.2

2. 2,4,5 -TP

2

9.2.1.1

3

9.2.2

3. Alachlor

2

9.2.1.1

3

9.2.2

4. Atrazine

2

9.2.1.1

3

9.2.2

5. Benzo(a)pyrene (PAHs)

2

9.2.1.1

3

9.2.2

6. Carbofuran

2

9.2.1.1

3

9.2.2

7. Chlordane

2

9.2.1.1

3

9.2.2

8. Dalapon

2

9.2.1.1

3

9.2.2

9. Di (2-ethylhexyl) adipate

2

9.2.1.1

3

9.2.2

10. Di (2-ethylhexyl) phthalate

2

9.2.1.1

3

9.2.2

11. Dibromochloropropane

2

9.2.1.1

3

9.2.2

12. Dinoseb

2

9.2.1.1

3

9.2.2

13. Dioxin (2,3,7,8 - TCDD)

2

9.2.1.1

3

9.2.2

14. Diquat

2

9.2.1.1

3

9.2.2

15. Endothall

2

9.2.1.1

3

9.2.2

16. Endrin

2

9.2.1.1

3

9.2.2

17. Ethylene Dibromide

2

9.2.1.1

3

9.2.2

18. Glyphosate

2

9.2.1.1

3

9.2.2

19. Heptachlor

2

9.2.1.1

3

9.2.2

20. Heptachlor epoxide

2

9.2.1.1

3

9.2.2

21. Hexachlorobenzene

2

9.2.1.1

3

9.2.2

22. Hexachlorocyclopentadiene

2

9.2.1.1

3

9.2.2

23. Lindane

2

9.2.1.1

3

9.2.2

24. Methoxychlor

2

9.2.1.1

3

9.2.2

25. Oxamyl (Vydate)

2

9.2.1.1

3

9.2.2

26. Pentachlorophenol

2

9.2.1.1

3

9.2.2

27. Picloram

2

9.2.1.1

3

9.2.2

28. Polychlorinated biphenyls (PCBs)

2

9.2.1.1

3

9.2.2

29. Simazine

2

9.2.1.1

3

9.2.2

30. Toxaphene

2

9.2.1.1

3

9.2.2

E. Volatile Organic Chemicals (VOCs)

1. Benzene

2

9.2.1.3

3

9.2.2

2. Carbon tetrachloride

2

9.2.1.3

3

9.2.2

3. Chlorobenzene (monochlorobenzene)

2

9.2.1.3

3

9.2.2

4. o-Dichlorobenzene

2

9.2.1.3

3

9.2.2

5. p-Dichlorobenzene

2

9.2.1.3

3

9.2.2

6. 1,2-Dichloroethane

2

9.2.1.3

3

9.2.2

7. 1,1-Dichloroethylene

2

9.2.1.3

3

9.2.2

8. cis-1,2,-Dichloroethylene

2

9.2.1.3

3

9.2.2

9. trans-1,2-Dichloroethylene

2

9.2.1.3

3

9.2.2

10. Dichloromethane

2

9.2.1.3

3

9.2.2

11. 1,2-Dichloropropane

2

9.2.1.3

3

9.2.2

12. Ethylbenzene

2

9.2.1.3

3

9.2.2

13. Styrene

2

9.2.1.3

3

9.2.2

14. Tetrachloroethylene

2

9.2.1.3

3

9.2.2

15. Toluene

2

9.2.1.3

3

9.2.2

16. 1,2,4-Trichlorobenzene

2

9.2.1.3

3

9.2.2

17. 1,1,1-Trichloroethane

2

9.2.1.3

3

9.2.2

18. 1,1,2-Trichloroethane

2

9.2.1.3

3

9.2.2

19. Trichloroethylene

2

9.2.1.3

3

9.2.2

20. Vinyl chloride

2

9.2.1.3

3

9.2.2

21. Xylenes (total)

2

9.2.1.3

3

9.2.2

22. Methyl tert Butyl Ether

2

9.2.1.3

3

9.2.2

F. Radioactive Contaminants

1. Beta/photon emitters

2

16.1.1.4

3

16.2

2. Alpha emitters

2

16.1.1.3

3

16.2

3. Combined radium (226 & 228)

2

16.1.1.2

3

16.2

4. Uranium

92

16.1.1.5

103

16.2

G. Disinfection Byproducts (DBPs), Byproduct Precursors, Disinfection Residuals.13

1. Total trihalomethanes (TTHMs)

2

149.2.1.2, 9.2.2.1.11, 9.3.1.1, 9.3.1.2

3

12.6.1 to 12.6.5, 12.7.1 to 12.7.3, 13.0 to 13.6, 14.0 to 14.9

2. Haloacetic Acids (HAA5)

2

9.2.1.2, 9.2.2.1.11, 9.3.1.1, 9.3.1.2

3

12.6.1 to 12.6.5, 12.7.1 to 12.7.3, 13.0 to 13.6, 14.0 to 14.9

3. Bromate

2

9.2.1.2, 9.2.2.1.11

3

12.6.1 to 12.6.5, 12.7.1 to 12.7.3

4. Chlorite

2

9.2.1.2, 9.2.2.1.11

3

12.6.1 to 12.6.5, 12.7.1 to 12.7.3

5. Chlorine(MRDL)

2

1.19.3.1

3

12.6.1 to 12.6.5, 12.8.1

6. Chloramine (MRDL)

2

1.19.3.1

3

12.6.1 to 12.6.5, 12.8.1

7. Chlorine dioxide (MRDL), where any two consecutive daily samples at entrance to the distribution system only are above MRDL

2

1.19.3.1, 12.14.2

215,3

12.6.1 to 12.6.5, 12.8.2, 12.14.2

8. Chlorine dioxide (MRDL), where sample(s) in distribution system the next day are also above MRDL

161

1.19.3.1, 12.14.2

1

12.6.1 to 12.6.5, 12.8.2, 12.14.2

9. Control of DBP precursors - TOC (TT)

2

12.16

3

12.6.1 to 12.6.5, 12.9

10. Bench marking and disinfection profiling

N/A

N/A

3

17.5

11. Development of monitoring plan

N/A

N/A

3

12.11

H. Other Treatment Techniques

1. Acrylamide

2

9.3.3

N/A

N/A

2. Epichlorohydrin

2

9.3.3

N/A

N/A

II. Unregulated Contaminant Monitoring17

A. Unregulated contaminants

N/A

N/A

3

40 CFR 141.40

III. Other Situations Requiring Public Notice

A. Exceedance of nitrate MCL for non-community systems, as allowed by the Division

1

9.1.12

N/A

N/A

B. Availability of unregulated contaminant monitoring data

3

40 CFR 141.40

N/A

N/A

C. Waterborne disease outbreak

1

2.0

N/A

N/A

D. Other waterborne emergency20

1

N/A

N/A

N/A

E. Other situations as determined by the Division

211,2,3

N/A

N/A

N/A

F. Source water sample positive for Ground Water Rule Fecal indicators:

E. coli, enterococci, or coliphage.

1

8.3

N/A

N/A

[DAGGER] Until December 31, 2015

[DOUBLE DAGGER] Beginning January 1, 2016

1 Violations and other situations not listed in this table (e.g., failure to prepare Consumer Confidence Reports) do not require notice, unless otherwise determined by the Division. The Division may, at their option, also require a more stringent public notice tier (e.g., Tier 1 instead of Tier 2 or Tier 2 instead of tier 3) for specific violations and situations listed in this Table, as authorized under subsection 4.2.1.1.5.

2 MCL - Maximum Contaminant Level, MRDL - Maximum Residual Disinfectant Level, TT - Treatment Technique

3 The term Violations of National Primary Drinking Water Regulations (NPDWR) is used here to include violations of MCL, MRDL, treatment technique, monitoring, and testing procedure requirements.

4 Failure to test for fecal coliform or E. coli is a Tier 1 violation if testing is not done after any repeat sample tests positive for coliform. All other total coliform monitoring and testing procedure violations are Tier 3

5 Systems that violate the turbidity MCL of 5 NTU based on an average of measurements over two consecutive days must consult with the Division within 24 hours after learning of the violation. Based on this consultation, the Division may subsequently decide to elevate the violation to Tier 1. If a system is unable to make contact with the Division in the 24-hour period, the violation is automatically elevated to Tier 1.

6 Systems with treatment technique violations involving a single exceedance of a maximum turbidity limit under the Surface Water Treatment Rule (SWTR), the Interim Enhanced Surface Water Treatment Rule (IESWTR) or the Long Term 1 Enhanced Surface Water Treatment Rule (LT1ESWTR are required to consult with the Division within 24 hours after learning of the violation. Based on this consultation, the Division may subsequently decide to elevate the violation to Tier 1. If a system is unable to make contact with the Division in the 24-hour period, the violation is automatically elevated to Tier 1.

7 Most of the requirements of the IESWTR Section 18.0 become effective January 1, 2002 for Subpart H systems (surface water systems and groundwater under the direct influence of surface water) serving at least 10,000 persons. However, subsection 10.8 has some requirements that become effective as early as April 16, 1999. The SWTR remains in effect for systems serving at least 10,000 persons even after 2002; the IESWTR adds additional requirements and does not in many cases supersede the SWTR.

8 The arsenic MCL citations are effective January 23, 2006. Until then, the citations are § 141.11 (b) and § 141.23 (n).

9 The uranium MCL Tier 2 violation citations are effective December 8, 2003 for all community water systems.

10 The uranium Tier 3 violation citations are effective December 8, 2000 for all community water systems.

11 The arsenic Tier 3 violation MCL citations are effective December 8, 2003 for all community water systems.

12 Failure to take a confirmation sample within 24 hours for nitrate or nitrite after an initial sample exceeds the MCL is a Tier 1 violation. Other monitoring violations for nitrate are Tier 3.

13 Surface water or ground water under the direct influence of surface water community and non-transient non-community systems serving [GREATER THEN OR EQUAL TO]10,000 must comply with new DBP MCLs, disinfectant MRDLs, and related monitoring requirements beginning January 1, 2002. All other community and non-transient non-community systems must meet the MCLs and MRDLs beginning January 1, 2004. Surface water or ground water under the direct influence of surface water transient non-community systems serving 10,000 or more persons and using chlorine dioxide as a disinfectant or oxidant must comply with the chlorine dioxide MRDL beginning January 1, 2002. Surface water or ground water under the direct influence of surface water transient non-community systems serving fewer than 10,000 persons and using only groundwater not under the direct influence of surface water and using chlorine dioxide as a disinfectant or oxidant must comply with the chlorine dioxide MRDL beginning January 1, 2004.

1440 CFR 141.64(b)(1)141.132(a)-(b) apply until §§ 141.620-141.630 take effect under the schedule in § 141.620 (c).

15 Failure to monitor for chlorine dioxide at the entrance to the distribution system the day after exceeding the MRDL at the entrance to the distribution system is a Tier 2 violation.

16 If any daily sample taken at the entrance to the distribution system exceeds the MRDL for chlorine dioxide and one or more samples taken in the distribution system the next day exceed the MRDL, Tier 1 notification is required. Failure to take the required samples in the distribution system after the MRDL is exceeded at the entry point also triggers Tier 1 notification.

17 Some water systems must monitor for certain unregulated contaminants listed in 40 CFR 141.40

20 Other waterborne emergencies require a Tier 1 public notice under subsection 4.2.1.1.1.1.8 for situations that do not meet the definition of a waterborne disease outbreak given in 40 CFR 141.2 but that still have the potential to have serious adverse effects on health as a result of short-term exposure. These could include outbreaks not related to treatment deficiencies, as well as situations that have the potential to cause outbreaks, such as failures or significant interruption in water treatment processes, natural disasters that disrupt the water supply or distribution system, chemical spills, or unexpected loading of possible pathogens into the source water.

21 The Division may place other situations in any tier it believes appropriate, based on threat to public health.

22 Failure to collect three or more samples for Cryptosporidium analysis is a Tier 2 violation requiring special notice as specified in subsection 4.2.1.1.1.1.6. All other monitoring and testing violations are Tier 3.

4.2.3.2 Notification to New Billing Units:
4.2.3.2.1 The owner of a community public water system must give a copy of the most recent public notice for any outstanding violation of any MCL, MRDL, or any treatment technique requirement, or monitoring violation to all new billing units or new hookups prior to or at the time service begins.
4.2.3.2.2 Non-community water systems must continuously post the public notice in conspicuous locations in order 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.
4.2.3.3 All posted public notices shall remain readable and be protected by glass, plastic or some other suitable covering and remain in place until such time that the violation or failure has terminated or seven (7) days, whichever is longer.
4.2.3.4 Notice to the public required by this section may be given by the Division should the water supplier fail to do so.
4.2.3.5 Nothing in this section shall limit the authority of the Secretary, Delaware Health and Social Services to require notification by newspaper and to radio and television stations when circumstances make more immediate or broader notice appropriate to protect the public's health.
4.2.4 Public Notification Requirements Pertaining to Lead
4.2.4.1 Applicability of Public Notification Requirements
4.2.4.1.1 Reserved
4.2.4.1.2 Definition of lead free. For the purposes of this paragraph, the term "lead free" when used with respect to solders and flux refers to solder and flux containing not more than 0.2 percent lead; when used with respect to pipes and pipe fittings, refers to pipes and pipe fittings containing not more than 8.0 percent lead; and when used with respect to plumbing fittings and fixtures intended by the manufacturer to dispense water for human ingestion refers to fittings and fixtures that are in compliance with standards established in accordance with 42 U.S.C. 300g- 6(e).
4.2.4.1.3 The owner shall review, correct and complete the public notice and return it to the Division within seventy-two (72) hours with approval noted.
4.2.4.2 Manner of Notification
4.2.4.2.1 Notice shall be given to persons served by the PWS either by:
4.2.4.2.1.1 Three newspaper notices one ((1) for each of three (3) consecutive months and the first no later than June 19, 1988) or;
4.2.4.2.1.2 Once by mail notice with the water bill or in a separate mailing by June 19, 1988 or;
4.2.4.2.1.3 Once by hand delivery by June 19, 1988.
4.2.4.2.2 For NTNCWS, notice may be given by continuous posting. If posting is used, the notice shall be posted in a conspicuous place in the area served by the system and start no later than June 19, 1988, and continue for three (3) months.
4.2.4.3 General Content of Notice
4.2.4.3.1 Notices issued under this section shall provide a clear and readily understandable explanation of the potential sources of lead in drinking water, potential adverse health effects, reasonable available methods of mitigating known or potential lead content in drinking water, any steps the water system is taking to mitigate lead content in drinking water and the necessity for seeking alternative water supplies, if any. Use of the mandatory language in subsection 4.2.4.4 in the notice will be sufficient to explain potential adverse health effects.
4.2.4.3.2 Each notice shall also include specific advice on how to determine if materials containing lead have been used in homes or the water distribution system and how to minimize exposure to water likely to contain high levels of lead. Each notice shall be conspicuous and shall not contain unduly technical language, unduly small print, or similar problems that frustrate the purpose of the notice. Each notice shall contain the telephone number of the owner, operator or designee of the PWS as a source of additional information regarding the notice. Where appropriate, the notice shall be multi-lingual.
4.2.4.4 Mandatory Heath Effects Information: When providing the information in public notices required under subsection 4.2.4.3 on the potential adverse health effects of lead in drinking water, the owner of the water system shall include the following mandatory language specific to lead.
4.2.4.4.1 Lead: The United States Environmental Protection Agency (USEPA) sets drinking water standards and has determined that lead is a health concern at certain levels of exposure. There is currently a standard of 0.020 parts per million (ppm). Part of the purpose of this notice is to inform you of the potential adverse health effects of lead. This is being done even though your water may not be in violation of the current standard. The USEPA and others are concerned about lead in drinking water. Too much lead in the human body can cause serious damage to the brain, kidneys, nervous system and red blood cells. The greatest risk, even with short-term exposure, is to young children and pregnant women. Lead levels in your drinking water are likely to be highest:

* if your home or water system has lead pipes, or

* if your home has copper pipes with lead solder, and

* if the home is less than five (5) years old

* if you have soft or acidic water, or

* if water sits in the pipes for several hours.

4.2.5 Public Notification Requirements Pertaining to VOCs and MRDLs: If a CWS or NTNCWS fails to comply with an applicable MCL or MRDL level established under subsections 9.1.1 and 12.3, the water supplier shall notify persons served by the system as provided in subsection 4.2.3.
4.2.6 Public Notification Requirements Pertaining to Unregulated Contaminants:
4.2.6.1 The owner of a community water system or non-transient, non-community water system required to monitor under 40 CFR 141.40 must notify persons served by the system of the availability of the results of such sampling no later than 90 days after the monitoring results are known.
4.2.6.2 The form and manner of the public notice must follow the requirements for a Tier 3 public notice prescribed in subsection 4.2.1.3.3. The notice must also identify a person and provide the telephone number to contact for information on the monitoring results.
4.2.7 Procedures for Issuance of a Public Notice
4.2.7.1 PMCL Violation:
4.2.7.1.1 Upon notification that a condition exists as indicated in subsection 4.2.1.1, the Division shall prepare a notice in accordance with subsection 4.2.2 and a draft public notice for use in public notification by the water supply owner.
4.2.7.1.2 As soon as possible, but in no case more than twenty-four (24) hours, the Division shall forward the notice and draft notice to the water supply owner.
4.2.7.1.3 The owner shall review, correct and complete the public notice and return it to the Division within twenty-four (24) hours with approval noted.
4.2.7.1.4 The Division shall resolve any discrepancies and approve the public notice as rapidly as possible and retain the public notice until the final confirmation sample results are received.
4.2.7.1.5 Upon receipt of the confirmation sampling results, the Division shall determine if a public notice is warranted and shall return the approved public notice to the owner for appropriate public notification.
4.2.7.1.6 For all Tier 1 violations as noted in subsection 4.2.1.1 the owner shall notify the Division as soon as possible. However, the owner shall be responsible for issuing the public notice to consumers within twenty-four (24) hours.
4.2.7.2 Other Violations or Circumstances Requiring Public Notification:
4.2.7.2.1 Upon notification that a condition exists as indicated in subsections 4.2.1.2. and 4.2.1.3, the Division shall initiate the preparation of a draft public notice and notice if appropriate.
4.2.7.2.2 As soon as possible, but in no case more than seventy-two (72) hours, the Division shall forward a copy of the draft public notice with attached notice, if applicable, to the water supply owner.
4.2.7.2.3 The owner shall review, correct and complete the public notice and return it to the Division within seventy-two (72) hours with approval noted.
4.2.7.2.4 The Division shall resolve any discrepancies and approve the public notice as rapidly as possible.
4.2.7.2.5 The Division shall then return the approved public notice to the owner for appropriate public notification.

16 Del. Admin. Code § 4462-4.0

20 DE Reg. 555(1/1/2017)
20 DE Reg. 808(4/1/2017)
24 DE Reg. 794(2/1/2021)
24 DE Reg. 904( 4/1/2021) (Errata)