Rule 391-3-5-.32. Public Notification.

Georgia Administrative Code

Department 391. RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES

Chapter 391-3. ENVIRONMENTAL PROTECTION

Subject 391-3-5. RULES FOR SAFE DRINKING WATER

Current through Rules and Regulations filed through July 9, 2019

Rule 391-3-5-.32. Public Notification

(1) Public Notification of Drinking Water Violations. 40 CFR, Subpart Q §§ 141.201 through 141.210, including Appendices A, B and C to subpart Q of Part 141, is hereby incorporated by reference. Any amendments to any part of the appendices in 40 CFR, Subpart Q are hereby incorporated by reference. If a community or non-community water system fails to comply with an applicable primary maximum contaminant level established in Section 391-3-5-.18 ; fails to comply when applicable with the secondary maximum contaminant level for fluoride established in Section 391-3-5-.19 ; fails to comply with an applicable testing procedure established in Sections 391-3-5-.20, .21 , .22, .23, .24, .25, or .27 ; is granted a variance or an exemption from an applicable maximum contaminant level; fails to comply with the requirements of any schedule prescribed pursuant to a variance or exemption; or fails to comply with any treatment technique requirement specified by the Director; or fails to perform any monitoring or reporting required pursuant to Sections 391-3-5-.20, .21 , .22, .23, .24, .25, .26, .27 and .30 ; the supplier of water shall notify persons (including the mandatory health effects language) served by the system as required in 40 CFR, Parts 141, Subpart Q, 142.16(a). The public water system, within ten (10) days of completing the public notification requirements under 40 CFR, Parts 141, Subpart Q 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 regulations. 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.
(2) Public Notification of Lead Contamination. The owner or operator of each community water system and each non-transient, non-community water system shall issue notice, in accordance with 40 CFR, Part 141.34, to persons served by the system that may be affected by lead contamination of their drinking water. The owner or operator shall provide notice under this Section even if there is no violation of the national primary drinking water regulation for lead.
(3) Public Notification of Unregulated Organic Chemical Monitoring. The owner or operator of a community water system or non-transient, non-community water system who is required to monitor for unregulated organic chemicals in accordance with Section 391-3-5-.26 shall notify persons served by the system of the availability of the results of sampling in accordance with 40 CFR, Part 141.35.
(4) Public Notification for Acute Health Risk MCL Violations. For violations of the MCL of contaminants and MRDLs of disinfectants that may pose an acute risk to human health, a copy of the notice shall be furnished to radio and television stations serving the area served by the public water system as soon as possible but in no case later than seventy-two (72) hours after the violation.
(a) For violations of the MCL for total coliform, when fecal coliform or E. coli is detected or a failure to test for fecal coliform or E. coli, including E. coli in source water samples based on § 141.202(a) Table 1(8) and MRDs of disinfectants that may pose acute risk to human health, a copy of the notice shall be furnished to radio and television stations serving the area served by the public water system as soon as possible but in no case later than 24 hours after the violation.
(b) For violations of the MCL for total coliform, MRDs and treatment technique requirements taking in account potential health effects a copy of the notice must be provided by a daily or weekly newspaper as soon as possible but in no case later than 30 days of the violation as stated in § 141.203(a)(4). A copy must also be issued by direct mail, posting, or hand delivery as soon as possible but in no case later than 30 days of the violation.
(c) Tier 1 public notice in lieu of Tier 2 or Tier 3 is required for violations or situations listed in Table 1 of 40 CFR 141.202(a)(5), (6), and (9) are hereby incorporated by reference.
1. Violation of the turbidity MCL under § 141.13(b), where the primacy agency 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;
2. Violation of the Surface Water Treatment Rule (SWTR), Interim Enhanced Surface Water Treatment Rule (IESWTR) or Long Term 1 Enhanced Surface Water Treatment Rule (LT1SWTR) treatment technique requirement resulting from a single exceedance of the maximum allowable turbidity limit.
3. 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 primacy agency either in its regulations or on a case-by-case basis.
(5) Provide Notice Prior to New Service. The owner or operator of a community water system must give a copy of the most recent public notice for any outstanding violation of any maximum contaminant level, or any maximum residual disinfectant level, or any treatment technique requirement, or any variance or exemption schedule to all new billing units or new hookups prior to or at the time service begins.
(6) Cryptosporidium Public Notice. Special public notice for repeated failure to conduct monitoring of the source water for Cryptosporidium and for failure to determine bin classification or mean Cryptosporidium level: 40 CFR, Subpart Q § 141.211, in its entirety, including Appendix A, is hereby incorporated by reference. The specified mandatory language must be included in the special notice.
(7) Non-Applicability. Any reference to public notification requirements in 40 CFR 141.32 is not applicable.

Cite as Ga. Comp. R. & Regs. R. 391-3-5-.32

Authority: O.C.G.A. Sec. 12-5-170 et seq.

History. Original Rule entitled "Requirements for a Variance" adopted. F. July 5, 1977; eff. July 26, 1977, as specified by Rule 391-3-5-.47.

Repealed: New Rule entitled "Public Notification" adopted. F. May 12, 1989; eff. June 1, 1989.

Amended: F. Dec. 4, 1990; eff. Dec. 24, 1990.

Repealed: New Rule of same title adopted. F. June 25, 1992; eff. July 15, 1992.

Amended: F. Sept. 29, 2000; eff. Oct. 19, 2000.

Amended: F. June 8, 2001; eff. June 28, 2001.

Amended: F. Dec. 10, 2002; eff. Dec. 30, 2002.

Amended: F. May 27, 2009; eff. June 16, 2009.

Amended: New title "Public Notification. Amended." F. Jan. 8, 2014; eff. Jan. 28, 2014.