Section 809.970. Special notice for repeated failure to conduct monitoring of the source water for Cryptosporidium and for failure to determine bin classification or mean Cryptosporidium level.

 

(1)   Timing for special notice for repeated failure to monitor. The water supplier for a community or non-community water system that is required to monitor source water under s. NR 809.331 (1) (a) and (b) must notify persons served by the public water system that monitoring has not been completed as specified no later than 30 days after the water supplier for the public water system has failed to collect any 3 months of monitoring as specified in s. NR 809.331 (3) . The notice must be repeated as specified in s. NR 809.952 (2) .

(2)   Timing for special notice for failure to determine bin classification or mean Cryptosporidium level. The water suppliers for a community or non-community water system that is required to determine a bin classification under s. NR 810.34 , or to determine mean Cryptosporidium level under s. NR 810.36 , must notify persons served by the public water system that the determination has not been made as required no later than 30 days after the water suppliers for the public water system has failed report the determination as specified in s. NR 810.34 (5) (a) or 810.36 (1) , respectively. The notice must be repeated as specified in s. NR 809.952 (2) . The notice is not required if the public water system is complying with a department approved schedule to address the violation.

(3)   The form and manner of the special notice . The form and manner of the public notice must follow the requirements for a Tier 2 public notice prescribed in s. NR 809.952 (3) . The public notice must be presented as required in s. NR 809.954 (3) .

(4)   Mandatory language that must be contained in the special notice. The notice must contain the following language, including the language necessary to fill in the blanks.

(a) The special notice for repeated failure to conduct monitoring must contain all of the following language: We are required to monitor the source of your drinking water for Cryptosporidium. Results of the monitoring are to be used to determine whether water treatment at the (treatment plant name) is sufficient to adequately remove Cryptosporidium from your drinking water. We are required to complete this monitoring and make this determination by (required bin determination date). We "did not monitor or test" or "did not complete all monitoring or testing" on schedule and, therefore, we may not be able to determine by the required date what treatment modifications, if any, must be made to ensure adequate Cryptosporidium removal. Missing this deadline may, in turn, jeopardize our ability to have the required treatment modifications, if any, completed by the deadline required, (date). For more information, please call (name of the public water system contact) of (name of public water system) at (phone number).

(b) The special notice for failure to determine bin classification or mean Cryptosporidium level must contain all of the following language: We are required to monitor the source of your drinking water for Cryptosporidium in order to determine by (date) whether water treatment at the (treatment plant name) is sufficient to adequately remove Cryptosporidium from your drinking water. We have not made this determination by the required date. Our failure to do this may jeopardize our ability to have the required treatment modifications, if any, completed by the required deadline of (date). For more information, please call (name of the public water system contact) of (name of public water system) at (phone number).

(c) Each special notice must also include a description of what the water suppliers for the public water system is doing to correct the violation and when the water supplier expects the public water system to return to compliance or resolve the situation.

CR 09-073 : cr. Register November 2010 No. 659 , eff. 12-1-10; CR 15-049 : am. Appendices A and B to Subchapter VII Register March 2016 No. 723 , eff. 4-1-16. - See PDF for table - See PDF for table - See PDF for table - See PDF for table - See PDF for table - See PDF for table - See PDF for table - See PDF for table - See PDF for table - See PDF for table - See PDF for table - See PDF for table - See PDF for table - See PDF for table - See PDF for table - See PDF for table Appendix A Footnotes 1 Violations and other situations not listed in this table, for example, reporting violations and failure to prepare Consumer Confidence Reports, do not require notice, unless otherwise determined by the department. The department may also require a more stringent public notice tier, for example, Tier 1 instead of Tier 2 or Tier 2 instead of Tier 3, for specific violations and situations listed in this Appendix, as authorized under s. NR 809.951(1) and s. NR 809.952 (1) . 2 MCL--Maximum contaminant level, MRDL—Maximum residual disinfectant level, TT—Treatment technique. 3 The term Violations of National Primary Drinking Water Regulations is used here to include violations of MCL, MRDL, TT, monitoring and testing procedure requirements. 4 Failure to test for E. coli is a Tier 1 violation if testing is not done after any repeat sample tests positive for coliform. All other total coliform monitoring and testing procedure violations are Tier 3. 5 Water supplier for public water systems that violate the turbidity MCL of 5 NTU based on an average of measurements over 2 consecutive days shall consult with the department within 24 hours after learning of the violation. Based on this consultation, the department may subsequently decide to elevate the violation to Tier 1. If a water supplier is unable to make contact with the department in the 24-hour period, the violation is automatically elevated to Tier 1. 6 Water supplier for public water systems with a treatment technique violation involving a single exceedance of a maximum turbidity limit under the Surface Water Treatment Rule or the Interim Enhanced Surface Water Treatment Rule are required to consult with the department within 24 hours after learning of the violation. Based on this consultation, the department may subsequently decide to elevate the violation to Tier 1. If a water supplier is unable to make contact with the department in the 24-hour period, the violation is automatically elevated to Tier 1. 7 Most of the requirements of the Interim Enhanced Surface Water Treatment Rule (63 FR 69477) become effective January 1, 2002 for public water systems using surface water or groundwater under the direct influence of surface water serving at least 10,000 persons. However, s. NR 809.77 has some requirements that become effective as early as April 16, 1999. The Surface Water Treatment Rule remains in effect for public water systems serving at least 10,000 persons even after 2002; the Interim Enhanced Surface Water Treatment Rule adds additional requirements and does not in many cases supersede the Surface Water Treatment Rule. 8 Failure to take a confirmation sample within 24 hours for nitrate or nitrite after an initial sample exceeds the MCL is a Tier 1 violation. Other monitoring violations for nitrate are Tier 3. 9 Public water water systems using surface water or groundwater under the direct influence of surface water community and non-transient non-community systems serving greater than or equal to 10,000 must comply with the new disinfection byproducts MCLs, disinfectant MRDLs, and related monitoring requirements beginning January 1, 2002. All other community and non-transient non-community systems must meet the MCLs and MRDLs beginning January 1, 2004. Public water systems using surface water or groundwater under the direct influence of surface water transient non-community systems serving 10,000 or more persons and using chlorine dioxide as a disinfectant or oxidant must comply with the chlorine dioxide MRDL beginning January 1, 2002. Public water systems using surface water or groundwater under the direct influence of surface water transient non-community systems serving fewer than 10,000 persons and using only groundwater not under the direct influence of surface water and using chlorine dioxide as a disinfectant or oxidant must comply with the chlorine dioxide MRDL beginning January 1, 2004. 10 If any daily sample taken at the entrance to the distribution system exceeds the MRDL for chlorine dioxide and one or more samples taken in the distribution system the next day exceed the MRDL, Tier 1 notification is required. Failure to take the required samples in the distribution system after the MRDL is exceeded at the entry point also triggers Tier 1 notification. 11 Failure to monitor for chlorine dioxide at the entrance to the distribution system the day after exceeding the MRDL at the entrance to the distribution system is a Tier 2 violation. 12 Some public water systems must monitor for certain unregulated contaminants listed in s. NR 809.25 . 13 Other waterborne emergencies require a Tier 1 public notice under 40 CFR 141.202 (a) or s. NR 809.951 (1) (b) 8. for situations that do not meet the definition of a waterborne disease outbreak given in 40 CFR 141.2 or s. NR 809.04 (90) but that still have the potential to have serious adverse effects on health as a result of short-term exposure. These could include outbreaks not related to treatment deficiencies, as well as situations that have the potential to cause outbreaks, such as failure or significant interruption in water treatment processes, natural disasters that disrupt the water supply, chemical spills, or unexpected loading of possible pathogens into the source water. 14 The department may place other situations in any tier they believe appropriate, based on threat to public safety. 15 Failure to collect three or more samples for Cryptosporidium analysis is a Tier 2 violation requiring special notice as specified in section 141.211. All other monitoring and testing procedure violations are Tier 3. - See PDF for table Appendix B Footnotes: 1 MCLG--Maximum contaminant level goal. 2 MCL--Maximum contaminant level. 3 For public water systems analyzing at least 40 samples per month, no more than 5.0 percent of the monthly samples may be positive for total coliforms. For public water systems analyzing fewer than 40 samples per month, no more than one sample per month may be positive for total coliforms. 4 There are various regulations that set turbidity standards for different types of public water systems, including 40 CFR 141.13 , the 1989 Surface Water Treatment Rule, and the 1998 Interim Enhanced Surface Water Treatment Rule. The MCL for the monthly turbidity average is 1 NTU; the MCL for the 2-day average is 5 NTU for public water systems that are required to filter but have not yet installed filtration ( 40 CFR 141.13 ). 5 NTU--Nephelometric turbidity unit. 6 There are various regulations that set turbidity standards for different types of public water systems, including 40 CFR 141.13 , the 1989 Surface Water Treatment Rule, and the 1998 Interim Enhanced Surface Water Treatment Rule. Systems subject to the Surface Water Treatment Rule (both filtered and unfiltered) may not exceed 5 NTU. In addition, in filtered systems, 95 percent of samples each month shall not exceed 0.5 NTU in public water systems using conventional or direct filtration and shall not exceed 1 NTU in public water systems using slow sand or diatomaceous earth filtration or other filtration technologies approved by the department. 7 TT--Treatment technique. 8 There are various regulations that set turbidity standards for different types of public water systems, including 40 CFR 141.13 , the 1989 Surface Water Treatment Rule, and the 1998 Interim Enhanced Surface Water Treatment Rule. For public water systems subject to the interim enhanced surface water treatment rule (public water systems serving at least 10,000 people, using surface water or groundwater under the direct influence of surface water), that use conventional filtration or direct filtration, after January 1, 2002, the turbidity level of a public water system's combined filter effluent may not exceed 0.3 NTU in at least 95 percent of monthly measurements, and the turbidity level of a public water system's combined filter effluent shall not exceed 1 NTU at any time. Public water systems subject to the interim enhanced surface water treatment rule using technologies other than conventional, direct, slow sand, or diatomaceous earth filtration shall meet turbidity limits set by the department. 9 Surface water treatment rule and interim enhanced surface water treatment rule treatment technique violations that involve turbidity exceedances may use the health effects language for turbidity instead. 10 The bacteria detected by heterotrophic plate count are not necessarily harmful. HPC is simply an alternative method of determining disinfectant residual levels. The number of bacteria is an indicator of whether there is enough disinfectant in the distribution system. 11 Million fibers per liter. 12 Action Level = 0.015 mg/L. 13 Action Level = 1.3 mg/L. 14 Millirems per year. 15 Picocuries per liter. 16 Surface water systems and groundwater systems under the direct influence of surface water are regulated under Subpart H of 40 CFR part 141 . Community and non-transient non-community systems using groundwater under the direct influence of surface water serving 10,000 or more shall comply with DBP MCLs and disinfectant maximum residual disinfectant levels beginning January 1, 2002. All other community and non-transient non-community systems shall meet the MCLs and MRDLs beginning January 1, 2004. Transient non-community systems using groundwater under the direct influence of surface water serving 10,000 or more persons and using chlorine dioxide as a disinfectant or oxidant shall comply with the chlorine dioxide MRDL beginning January 1, 2002. Transient non-community systems using groundwater under the direct influence of surface water serving fewer than 10,000 persons and public water systems using only groundwater not under the direct influence of surface water and using chlorine dioxide as a disinfectant or oxidant shall comply with the chlorine dioxide MRDL beginning January 1, 2004. 17 The MCL for total trihalomethanes is the sum of the concentrations of the individual trihalomethanes. 18 The MCL for haloacetic acids is the sum of the concentrations of the individual haloacetic acids. 19 MRDLG — Maximum residual disinfectant level goal. 20 MRDL — Maximum residual disinfectant level. Appendix C to Subchapter VII
List of Acronyms Used in Public Notification Regulation CCR   Consumer Confidence Report CWS   Community Water System DBP   Disinfection Byproduct EPA   Environmental Protection Agency HPC   Heterotrophic Plate Count IESWTR   Interim Enhanced Surface Water Treatment Rule IOC   Inorganic Chemical LCR   Lead and Copper Rule MCL   Maximum Contaminant Level MCLG   Maximum Contaminant Level Goal MRDL   Maximum Residual Disinfectant Level MRDLG   Maximum Residual Disinfectant Level Goal NCWS   Non-Community Water System NPDWR   National Primary Drinking Water Regulation NTNCWS   Non-Transient Non-Community Water System NTU   Nephelometric Turbidity Unit OGWDW   Office of Groundwater and Drinking Water OW   Office of Water PN   Public Notification PWS   Public Water System SDWA   Safe Drinking Water Act SMCL   Secondary Maximum Contaminant Level SOC   Synthetic Organic Chemical SWTR   Surface Water Treatment Rule TCR   Total Coliform Rule TT   Treatment Technique TWS   Transient Non-Community Water System VOC   Volatile Organic Chemical