Section 611.904  Tier 3 Public Notice:  Form, Manner, and Frequency of Notice

a)         Violations or Situations That Require a Tier 3 Public Notice.  This subsection (a) lists the violation categories and other situations requiring a Tier 3 public notice.  Appendix G identifies the tier assignment for each specific violation or situation.

1)         Monitoring violations under this Part, except where a Tier 1 notice is required under Section 611.902(a) or where the Agency determines by a SEP that a Tier 2 notice is required;

2)         Failure to comply with a testing procedure established in this Part, except where a Tier 1 notice is required under Section 611.902(a) or where the Agency determines by a SEP that a Tier 2 notice is required;

3)         Operation under relief equivalent to a SDWA section 1415 variance granted under Section 611.111 or relief equivalent to a SDWA section 1416 exemption granted under Section 611.112;

4)         Availability of unregulated contaminant monitoring results, as required under Section 611.907;

5)         The notice for an exceedance of 2 mg/ℓ fluoride (the federal secondary MCL for fluoride (see 40 CFR 143.3)), as required under Section 611.908; and

BOARD NOTE:  See the Board Note appended to Section 611.908 for explanation.

6)         Reporting and recordkeeping violations under Subpart AA.

b)         When the Tier 3 Public Notice Is To Be Provided

1)         A PWS supplier must provide the public notice not later than one year after the supplier learns of the violation or situation or begins operating under relief equivalent to a SDWA section 1415 variance or section 1416 exemption.  Following the initial notice, the supplier must repeat the notice annually for as long as the violation, relief equivalent to a SDWA section 1415 variance or section 1416 exemption, or other situation persists.  If the public notice is posted, the notice must remain in place for as long as the violation, relief equivalent to a SDWA section 1415 variance or section 1416 exemption, or other situation persists, but in no case less than seven days (even if the violation or situation is resolved).

2)         Instead of individual Tier 3 public notices, a PWS supplier may use an annual report detailing all violations and situations that occurred during the previous twelve months, as long as the timing requirements of subsection (b)(1) are met.

c)         The Form and Manner of the Tier 3 Public Notice.  A PWS supplier 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:

1)         Unless directed otherwise by the Agency by a SEP in writing, a CWS supplier must provide notice by the following:

A)        Mail or other direct delivery to each customer receiving a bill and to other service connections to which water is delivered by the supplier; and

B)        Any other method reasonably calculated to reach other persons regularly served by the supplier, if they would not normally be reached by the notice required in subsection (c)(1)(A).  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 the following: 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.

2)         Unless directed otherwise by the Agency by a SEP in writing, a non-CWS supplier must provide notice by the following:

A)        Posting the notice in conspicuous locations throughout the distribution system frequented by persons served by the supplier, or by mail or direct delivery to each customer and service connection (where known); and

B)        Any other method reasonably calculated to reach other persons served by the supplier, if they would not normally be reached by the notice required in subsection (c)(2)(A).  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 the following:  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).

d)         When the Consumer Confidence Report May Be Used to Meet the Tier 3 Public Notice Requirements.  For a CWS supplier, the Consumer Confidence Report (CCR) required under Subpart U may be used as a vehicle for the initial Tier 3 public notice and all required repeat notices, as long as the following is true:

1)         The CCR is provided to persons served no later than 12 months after the supplier learns of the violation or situation as required under Section 611.904(b);

2)         The Tier 3 notice contained in the CCR follows the content requirements under Section 611.905; and

3)         The CCR is distributed following the delivery requirements under Section 611.904(c).

BOARD NOTE:  Derived from 40 CFR 141.204.

(Source:  Amended at 44 Ill. Reg. 6996, effective April 17, 2020)