Section 809.951. Tier 1 public notice — form, manner, and frequency of notice.

 

(1)   Violations or situations which require a tier 1 public notice.

(a) Appendix A identifies the tier assignment for each specific violation or situation requiring a Tier 1 public notice.

(b) Violation categories and other situations requiring a Tier 1 public notice include all of the following:

1. Violation of the MCL for E. coli , as specified in s. NR 809.30 .

2. Violation of the MCL for nitrate, nitrite, or total nitrate and nitrite, as defined in s. NR 809.11 , or when the water supplier for the public water system fails to take a confirmation sample within 24 hours of the water supplier's receipt of the first sample showing an exceedance of the nitrate or nitrite MCL, as specified in s. NR 809.115 (6) (b) .

3. Exceedance of the nitrate MCL by non-community water systems, where permitted to exceed the MCL by the department under s. NR 809.11 (3) , as required under s. NR 809.958 .

4. Violation of the MRDL for chlorine dioxide, as defined in s. NR 809.561 (2) , when one or more samples taken in the distribution system the day following an exceedance of the MRDL at the entrance of the distribution system exceed the MRDL, or when the water supplier for the public water system does not take the required samples in the distribution system, as specified in s. NR 809.566 (3) (b) 1.

5. Violation of the turbidity treatment technique MCL under s. NR 810.29 (1) , where the department determines after consultation that a Tier 1 notice is required or where consultation does not take place within 24 hours after the public water system learns of the violation.

6. Violation of the surface water treatment rule (SWTR) or interim enhanced surface water treatment rule (IESWTR) treatment technique requirement resulting from a single exceedance of the maximum allowable turbidity limit as identified in Appendix A, if the department determines after consultation that a Tier 1 notice is required or if consultation does not take place within 24 hours after the water supplier for the public water supply learns of the violation.

7. Occurrence of a waterborne disease outbreak, as defined in s. NR 809.04 (90) , or other waterborne emergency, such as a failure or significant interruption in key water treatment processes, a natural disaster that disrupts the water supply or distribution system, or a chemical spill or unexpected loading of possible pathogens into the source water that significantly increases the potential for drinking water contamination.

8. 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 department either in its regulations or on a case-by-case basis.

9. Detection of E. coli , enterococci, or coliphage in source water samples as specified under s. NR 809.325 (2) .

(2)   Timing of a tier 1 public notice and additional steps. Water suppliers public water systems shall do all of the following if Tier 1 public notice is required:

(a) Provide a public notice as soon as practical but no later than 24 hours after the water supplier learns of the violation.

(b) Initiate consultation with the department as soon as practical, but no later than 24 hours after the public water system learns of the violation or situation, to determine additional public notice requirements.

(c) Comply with any additional public notification requirements, including any repeat notices or direction on the duration of the posted notices, that are established as a result of the consultation with the department. Requirements may include the timing, form, manner, frequency, and content of repeat notices, if any, and other actions designed to reach all persons served.

(3)   Form and manner of the public notice. Water suppliers for public water systems shall provide the Tier 1 public notice within 24 hours in a form and manner reasonably calculated to reach all persons served. The form and manner used by the water supplier shall be designed to fit the specific situation, and to reach residential, transient and non-transient users of the public water system. To reach all persons served, water supplier shall use, at a minimum, one or more of the following forms of delivery:

(a) Appropriate broadcast media, such as radio and television.

(b) Posting of the notice in conspicuous locations throughout the area served by the public water system.

(c) Hand delivery of the notice to persons served by the public water system.

(d) Another delivery method approved in writing by the department.

CR 09-073 : cr. Register November 2010 No. 659 , eff. 12-1-10; correction in (1) (b) 2. made under s. 13.92 (4) (b) 7. , Stats., Register November 2010 No. 659 ; CR 15-049 : am. (1) (b) 1. Register March 2016 No. 723 , eff. 4-1-16.