Ill. Admin. Code tit. 35 § 611.905

Current through Register Vol. 48, No. 49, December 6, 2024

Section 611.905 - Content of the Public Notice

a) Elements Included in Public Notice for Violation of an NPDWR or Other Situations. When a PWS supplier violates an NPDWR or has a situation requiring public notification, 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 (d)(1) or (d)(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 supplier is doing to correct the violation or situation;

8) When the water supplier expects to return to compliance or resolve the situation;

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

10) A statement to encourage the notice recipient to distribute the public notice to other persons served, using the standard language under subsection (d)(3), where applicable.

b) The Elements That Must Be Included in the Public Notice for Public Water Systems Operating under Relief Equivalent to a SDWA Section 1415 Variance or a Section 1416 Exemption

1) If a PWS supplier has been granted a relief equivalent to a SDWA section 1415 variance, under Section 611.111, or a section 1416 exemption, under Section 611.112, the public notice must contain the following:

A) An explanation of the reasons for the relief equivalent to a SDWA section 1415 variance or a section 1416 exemption;

B) The date on which the relief equivalent to a SDWA section 1415 variance or a section 1416 exemption was issued;

C) A brief status report on the steps that the supplier is taking to install treatment, find alternative sources of water, or otherwise comply with the terms and schedules of the relief equivalent to a SDWA section 1415 variance or a section 1416 exemption; and

D) A notice of any opportunity for public input in the review of the relief equivalent to a SDWA section 1415 variance or a section 1416 exemption.

2) If a PWS supplier violates the conditions of relief equivalent to a SDWA section 1415 variance or a section 1416 exemption, the public notice must contain the ten elements listed in subsection (a).

c) How the Public Notice Is to Be Presented

1) Each public notice required by this Section must comply with the following:

A) It must be displayed in a conspicuous way when printed or posted;

B) It must not contain overly technical language or very small print;

C) It must not be formatted in a way that defeats the purpose of the notice;

D) It must 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:

A) For a PWS supplier serving a large proportion of non-English speaking consumers, 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 supplier to obtain a translated copy of the notice or to request assistance in the appropriate language.

B) In cases where the Agency has not determined what constitutes a large proportion of non-English speaking consumers, the PWS supplier must include in the public notice the same information as in subsection (c)(2)(A), where appropriate to reach a large proportion of non-English speaking persons served by the water supplier.

d) Standard Language That a PWS Supplier Must Include in Its Public Notice. A PWS supplier is required to include the following standard language in its public notice:

1) Standard Health Effects Language for MCL or MRDL Violations, Treatment Technique Violations, and Violations of the Condition of Relief Equivalent to a SDWA Section 1415 Variance or a Section 1416 Exemption. A PWS supplier must include in each public notice the health effects language specified in Appendix H corresponding to each MCL, MRDL, and treatment technique violation listed in Appendix G, and for each violation of a condition of relief equivalent to a SDWA section 1415 variance or a section 1416 exemption.

2) Standard Language for Monitoring and Testing Procedure Violations. A PWS supplier must include the following language in its notice, including the language necessary to fill in the blanks, for all monitoring and testing procedure violations listed in Appendix G:

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 (contaminants), 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. A PWS supplier must include the following language in its notice (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.

Ill. Admin. Code tit. 35, § 611.905

Amended at 27 Ill. Reg. 16447, effective October 10, 2003

Amended at 42 Ill. Reg. 1140, effective 1/4/2018

Amended at 44 Ill. Reg. 6996, effective 4/17/2020

BOARD NOTE: Derived from 40 CFR 141.205.