Section NR 809.953 - Tier 3 public notice-form, manner, and frequency of notice(1) VIOLATIONS OR SITUATIONS WHICH REQUIRE A TIER 3 PUBLIC NOTICE. (a) Appendix A identifies the tier assignment for each specific violation or situation requiring a Tier 3 public notice.(b) Violation categories and other situations requiring a Tier 3 public notice include all of the following:1. Monitoring violations under this chapter, except if a Tier 1 notice is required under s. NR 809.951(1) or if the department determines that a Tier 2 notice is required2. Failure to comply with a testing procedure established in this chapter, except if a Tier 1 notice is required under s. NR 809.951(1) or if the department determines that a Tier 2 notice is required.3. Operation under a conditional waiver or variance, or both, under subch. VI.4. Availability of unregulated contaminant monitoring results, as required under s. NR 809.956.5. Exceedance of the fluoride secondary maximum contaminant level, as required under s. NR 809.957.6. Reporting and recordkeeping violations under this chapter.(2) TIMING OF A TIER 3 PUBLIC NOTICE. (a) Water suppliers for public water systems shall provide Tier 3 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 water supplier shall repeat the Tier 3 public notice annually for as long as the violation, variance, exemption or other situation persists. If the public notice is posted, the notice shall remain in place for as long as the violation, variance, exemption or other situation persists, but in no case less than 7 days, even if the violation or situation is resolved.(b) Instead of individual Tier 3 public notices, a water supplier may use an annual report detailing all violations and situations that occurred during the previous 12 months, as long as the timing requirements of par. (a) are met.(3) FORM AND MANNER OF THE TIER 3 PUBLIC NOTICE. Water suppliers for public water systems shall provide the initial Tier 3 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 public water system, but it shall at a minimum meet all of the following requirements:(a)Community water systems. Unless directed otherwise by the department in writing, water suppliers for community water systems shall provide notice by both of the following: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.2. Any other method reasonably calculated to reach other persons regularly served by the public water system, if they would not normally be reached by the notice required in subd. 1. Persons may include those who do not pay water bills or do not have service connection addresses, including, house renters, apartment dwellers, university students, nursing home patients, and prison inmates. Other methods may include publication in a local newspaper; delivery of multiple copies for distribution by customers that provide their drinking water to others, such as apartment building owners or large private employers; posting in public places or on the internet; or delivery to community organizations.(b)Non-community water systems. Unless directed otherwise by the department in writing, water suppliers for non-community water systems shall provide notice by all of the following:1. Posting the notice in conspicuous locations throughout the distribution system frequented by persons served by the public water system, or by mail or direct delivery to each customer and service connection, if known.2. Any other method reasonably calculated to reach other persons served by the public water system, if they would not normally be reached by the notice required in subd. 1. 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, such as community centers.(4) USE OF CONSUMER CONFIDENCE REPORTS. For community water systems, the consumer confidence report required under this subchapter may be used as a vehicle for the initial Tier 3 public notice and all required repeat notices, as long as all of the following occur: (a) The consumer confidence report is provided to persons served no later than 12 months after the water supplier learns of the violation or situation as required under sub. (2).(b) The Tier 3 notice contained in the consumer confidence report follows the content requirements under s. NR 809.954.(c) The consumer confidence report is distributed according to the delivery requirements under sub. (3).Wis. Admin. Code Department of Natural Resources NR 809.953
CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10.Amended by, CR 15-049: am. (1) (b) 1., 2., cr. (1) (b) 6. Register March 2016 No. 723, eff.4/1/2016Amended by, correction in (1) (b) 3., (Note) made under s. 13.92(4) (b) 7, Stats., Register December 2018 No. 756, eff. 1/1/2019