Section 809.952. Tier 2 public notice--form, manner, and frequency of notice.

 

(1)   Violations or situations which require a tier 2 public notice.

(a) Appendix A identifies the tier assignment for each specific violation or situation requiring a Tier 2 public notice.

(b) Violation categories and other situations requiring a Tier 2 public notice include all of the following:

1. All violations of the MCL, MRDL, and treatment technique requirements, except if a Tier 1 notice is required under s. NR 809.951 (1) or if the department determines that a Tier 1 notice is required.

2. Violations of the monitoring and testing procedure requirements, if the department determines that a Tier 2 rather than a Tier 3 public notice is required, taking into account potential health impacts and persistence of the violation.

3. Failure to comply with the terms and conditions of any variance or exemption in place.

(2)   Timing of a tier 2 public notice.

(a) Water suppliers for public water systems shall provide the Tier 2 public notice as soon as practical, but no later than 30 days after the public water system learns of the violation. If the public notice is posted, the notice shall remain in place for as long as the violation or situation persists, but in no case for less than 7 days, even if the violation or situation is resolved. The department may, in appropriate circumstances, allow additional time for the initial notice of up to 3 months from the date the public water system learns of the violation. The department may not grant an extension to the 30-day deadline for any unresolved violation nor allow across-the-board extensions by rule or policy for other violations or situations requiring a Tier 2 public notice. Extensions granted by the department shall be in writing.

(b) For MCL or treatment technique violations, the water supplier shall repeat the notice every 3 months as long as the violation or situation persists. For violations other than MCL or treatment technique violations the water supplier shall repeat the notice every 3 months as long as the violation or situation persists, unless the department determines that appropriate circumstances warrant a different notice frequency, but in no circumstance may the repeat notice be given less frequently than once per year. The department may not allow across-the-board reductions in the repeat notice frequency for other ongoing violations requiring a Tier 2 repeat notice. Department determinations allowing repeat notices to be given less frequently than once every 3 months shall be in writing.

(c) For turbidity violations specified in this paragraph, water supplier shall consult with the department as soon as practical but no later than 24 hours after the public water system learns of the violation, to determine whether a Tier 1 public notice under s. NR 809.951 (1) is required to protect public health. When consultation does not take place within the 24-hour period, the water supplier shall distribute a Tier 1 notice of the violation, no later than 48 hours after the public water system learns of the violation, following the requirements under s. NR 809.951 (2) and (3) . Consultation with the department is required for any of the following:

1. Violation of the turbidity treatment technique MCL under s. NR 810.29 (1) .

2. Violation of the surface water treatment rule or interim enhanced surface water treatment rule treatment technique requirement resulting from a single exceedance of the maximum allowable turbidity limit.

(3)   Form and manner of the tier 2 public notice. Water suppliers shall provide the initial Tier 2 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, such as 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 served by the public water system or on the internet; or delivery to community organizations.

(b) Non-community water systems. Unless directed otherwise by the department in writing, water supplier 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.

CR 09-073 : cr. Register November 2010 No. 659 , eff. 12-1-10; CR 15-049 : am. (2) (b) Register March 2016 No. 723 , eff. 4-1-16.