Mich. Admin. Code R. 325.10404

Current through Vol. 24-21, December 1, 2024

Section R. 325.10404 - Tier 3 public notice; form, manner, and frequency of notice

Rule 404.

(1) A tier 3 public notice is required for all of the following violation categories and other situations in a community or noncommunity water supply that is subject to R 325.10401a:

(a) Monitoring violations under part 7 of these rules, except where a tier 1 notice is required under R 325.10402(1) or where the department determines that a tier 2 notice is required.

(b) Failure to comply with a testing procedure established in part 6 of these rules, except where a tier 1 notice is required under R 325.10402(1) or where the department determines that a tier 2 notice is required.

(c) Operation under a variance or exemption granted under section 20 of the safe drinking water act, 1976 PA 399, MCL 325.1020 and part 3 of these rules.

(d) Availability of unregulated contaminant monitoring results, as required under R 325.10407.

(e) Fluoride level above 2.0 mg/l as specified in R 325.10408a.The tier assignment for each specific violation or situation is listed in table 1 of R 325.10401a.

(f) Reporting and recordkeeping violations under total coliform provisions of R 325.10704a to R 325.10704k.

(2) A tier 3 public notice shall be provided under all the following provisions:

(a) Supplies shall provide the public notice not later than 1 year after the supply learns of the violation or situation or begins operating under a variance or exemption. Following the initial notice, the supply shall repeat the notice annually for as long as the violation, variance, exemption, or other situation exists. If the public notice is posted, the notice shall remain in place for as long as the violation, variance, exemption, or other situation exists, but for not less than 7 days, even if the violation or situation is resolved.

(b) Instead of individual tier 3 public notices, a supply may use an annual report detailing all violations and situations that occurred during the previous 12 months, as long as the timing requirements of subdivision (a) of this subrule are met.

(3) Supplies shall provide the initial tier 3 public notice and applicable 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 supply, but it shall, at a minimum, meet all of the following requirements:

(a) Unless directed otherwise by the department, in writing, community water supplies shall provide notice by using both of 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 community supply.

(ii) Other methods reasonably calculated to reach other persons regularly served by the community supply, if they would not normally be reached by the notice required in paragraph (i) of this subdivision. Other persons served 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, and prison inmates. Other methods may include any of the following:

(A) Publication in a local newspaper.

(B) Delivery of multiple copies for distribution by customers that provide their drinking water to others, such as apartment building owners or large private employers.

(C) Posting in public places served by the community supply or on the internet.

(D) Delivery to community organizations.

(b) Unless directed otherwise by the department, in writing, noncommunity water supplies shall provide notice by using both of the following forms of delivery:

(i) Posting the notice in conspicuous locations throughout the distribution system frequented by persons served by the noncommunity supply or mailing or directly delivering to each customer and service connection, where known.

(ii) Other methods reasonably calculated to reach other persons served by the noncommunity supply if they would not normally be reached by the notice required in paragraph (i) of this subdivision. Other persons served 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 any of the following:

(A) Publication in a local newspaper or newsletter distributed to customers.

(B) Use of e-mail to notify employees or students.

(C) Delivery of multiple copies in central locations, such as community centers.

(4) For community water supplies, the consumer confidence report (CCR) required under R 325.10411 to R 325.10415 may be used as a vehicle for the initial tier 3 public notice and all required repeat notices, if all of the following requirements are satisfied:

(a) The CCR is provided to persons served not later than 12 months after the community water supply learns of the violation or situation as required under subrule (2) of this rule.

(b) The tier 3 notice contained in the CCR follows the content requirements under R 325.10405.

(c) The CCR is distributed following the delivery requirements under subrule (3) of this rule.

Mich. Admin. Code R. 325.10404

1979 AC; 1989 AACS; 1991 AACS; 2003 AACS; 2009 AACS; 2015 MR 20, Eff. 10/16/2015