Public notification rule

Violations or situations that require public notification fall into one of three tiers listed below. It is the water supplier's responsibility to track violations and provide public notices to persons served within the allotted times.

Situations Requiring Tier 1 Notice (within 24 hours)

1. Fecal coliform or E. coli in the distribution system or failure to test for fecal coliform or E. coli following any repeat coliform positive sample.
2. Nitrate, nitrite, or total nitrate and nitrite maximum contaminant level (MCL) violation or failure to take a confirmation sample following any exceedance of the nitrate or nitrite MCL.
3. Non-community water system operating between 10 and 20 mg/L nitrate where allowed by the DNR.
4. Chlorine dioxide maximum residual disinfectant level (MRDL) violation, or failure to take a required sample.
5. Turbidity MCL violation where the DNR determines a Tier 1 notice is required or system does not consult with the DNR within 24 hours after the system learns of the violation.
6. Exceedance of the maximum allowable turbidity limit where the DNR determines a Tier 1 notice is required or system does not consult with the DNR within 24 hours after the system learns of the violation.
7. Waterborne disease outbreak or other waterborne emergency.
8. Exceedance of the 0.015 mg/L lead action level by 10% or more of samples.
9. Other violations or situations which pose an immediate risk to public health.

Situations Requiring Tier 2 Notice (within 30 days)

1. All MCL (maximum contaminant level), MRDL (maximum residual disinfectant level) and treatment technique violations, except where a Tier 1 notice is required.
2. Monitoring and testing violations elevated to Tier 2 by the DNR.
3. Failure to comply with the conditions of a variance or exemption.

Situations Requiring Tier 3 Notice (within one year)

1. Monitoring and testing violations, except where a Tier 1 notice is required, or the DNR determines that a Tier 2 notice is required.
2. Operation under a conditional waiver or variance.
3. Special notice for the availability of unregulated contaminant monitoring results.
4. Special notice for the exceedance of the fluoride secondary maximum contaminant level.

Each public notice must include the 10 basic elements listed below. It is critical that each public notice is clear and easy to read and understand.

1. Description of the violation or situation.
2. When the violation or situation occurred.
3. Any potential adverse health effects including standard health effects language.
4. The population at risk.
5. Whether alternative water supplies should be used.
6. Action consumers should take (if any).
7. What the system is doing to correct the problem.
8. When the system expects to resolve the problem.
9. The name, business address and phone number of the system owner or operator.
10. A statement to encourage distribution of the notice to others.

For a Tier 1 notice, the water supplier must provide the notice to persons served within 24 hours of learning of the violation. During this time period, the water supplier must also contact the DNR to learn if additional public notice requirements apply. For example, you may be required to provide repeat notices. If you need help finding your DNR contact, use the Drinking Water System Portal to search for your public water system.

The water supplier must use one or more of the following methods to provide the notice to their customers:

• Radio
• Television
• Hand or direct delivery
• Posting in conspicuous locations

Lead Tier 1 Public Notice: within 24 hours of learning of the violation, the water supplier must also send the notice to LeadALE@epa.gov.

For a Tier 2 notice, the water supplier must provide the notice to persons served within 30 days of learning of the violation. The water supplier must also issue a repeat notice every three months for as long as the violation persists. There may be more stringent requirements for MCL violations. For example, you may be required to provide water from alternate sources. Check with your DNR Rep to make sure you meet all requirements.

Community systems must provide the notice to their customers as follows:

• Mail or hand deliver to each customer receiving a bill and to other service connections.
• Any other method reasonably calculated to reach other persons served if they would not normally be reached by mail or hand delivery.

Non-community systems must provide the notice to their customers as follows:

• Posting the notice in conspicuous locations or by mail or hand delivery.
• Any other method reasonably calculated to reach other persons served if they would not normally be reached by posting, mail or hand delivery.

For a Tier 3 notice, the water supplier must provide the notice to persons served within one year of learning of the violation. Tier 3 notices may be distributed individually or combined into an annual report. The water supplier must also issue a repeat notice annually for as long as the violation persists.

Community systems must provide the notice to their customers as follows:

• Mail or hand deliver to each customer receiving a bill and to other service connections.
• Any other method reasonably calculated to reach other persons served if they would not normally be reached by mail or hand delivery.
• Community systems may add Tier 3 notices and repeat notices to their Consumer Confidence Report if the violations are less than 1 year old.

Non-community systems must provide the notice to their customers as follows:

• Posting the notice in conspicuous locations or by mail or hand delivery.
• • Any other method reasonably calculated to reach other persons served if they would not normally be reached by posting, mail or hand delivery.

The following are examples of three common drinking water related violations that require public notification.

Example 1: Bacteriological Maximum Contaminant Level (MCL) Violation

In this example, you take your routine bacteriological sample and it comes back from the lab "positive" and the fecal coliform or E. coli test of that sample is also "positive" or "unsafe." You take repeat samples as required. The results from one or more of the repeat samples comes back from the lab "fecal coliform positive." You now have an acute bacteriological MCL violation that needs your immediate attention! You must disinfect the entire system including the well and all water distribution piping and you must notify your customers.

An acute bacteriological MCL violation requires a Tier 1 public notice "Boil/Bottle Water Advisory." You have up to 24 hours to notify your customers, via radio, television, hand delivery or posting. Posting typically works best for transient systems. You also need to contact your DNR Rep within 24 hours to learn if additional public notice requirements apply. Don't forget to send a copy of each notice and certification to your DNR Rep within 10 days of providing the notice to your customers.

Example 2: Nitrate MCL Violation

In this example, you get a nitrate MCL violation. You need to address the nitrate MCL violation and you need to notify your customers.

A nitrate MCL violation requires a Tier 1 public notice. You have up to 24 hours to notify your customers. You may do this via radio, television, hand delivery or posting. Posting typically works best for transient systems. You also need to contact your DNR Rep within 24 hours to learn if additional public notice requirements apply. Don't forget to send a copy of each notice and certification to your DNR Rep within 10 days of providing the notice to your customers.

Example 3: Missed Bacteriological Sample

In this example, you didn't take your bacteriological sample on time, which results in a monitoring and reporting violation (M/R violation). You need to collect your bacteriological sample and you need to notify your customers.

An M/R violation requires a Tier 3 public notice. You have up to 1 year to notify your customers. You may do this via mail, hand delivery, posting or any other method that reaches your customers. Tier 3 notices may also be combined into an annual report if the violations are less than 1 year old. Community systems may add Tier 3 notices to their Consumer Confidence Report (CCR) if the violations are less than 1 year old. Don't forget to send a copy of each notice (or annual report or CCR) and certification to your DNR Rep within 10 days of providing the notice to your customers.

After issuing the notice, water suppliers must make sure to send the DNR Representative a copy of each notice and a certification within 10 days.

The following statement may be used to satisfy the certification requirement:

I certify that the information and statements contained in this public notice are true and correct and have been provided to consumers in accordance with the delivery, content, format and deadline requirements in Subchapter X of Chapter NR 809, Wisconsin Administrative Code.

Signature:

Date:

Exception for certain Lead and Copper Public Notices - Certified copies of Tier 2 and/or Tier 3 Public Notices required as the result of not meeting federal service line inventory requirements under the Federal Lead and Copper Rule Revisions (LCRR) must be sent to EPA Region 5 at R5_GWDWB_PWS@EPA.gov. They do not need to be sent to your DNR representative.

Where should I send the copy of the notice and certification?

Send a copy of the notice and certification, signed and dated, to your DNR Rep within 10 days of notifying your customers.

If you don't know the name or address of your regional DNR rep, go to the Public Drinking Water System Data page:

• Click the "Find Public Water Systems" button.
• Enter your system's "Name" or "DNR Public Water Supply ID" and click once on the "Search" button.
• Click once on your system's "Name" (e.g., OTTOS CLUB).
• A screen appears with detailed information about your water system. Find "Contacts" and click it.
• Your Regional DNR rep is the person listed with a type of "DNR_REP." Their phone number and email address are also visible. To see their address, click the "+" to the left of their name.

Must I notify every person that is served by my system?

If your system has a violation or situation that requires public notification, you must provide the notice to persons served by your system. This does not mean that every person in the area served by your system must be notified (this may be impossible), but you must identify your different types of consumers and make an effort to reach them. Additionally, new billing units and new customers must be notified of any ongoing violations.

What if my system sells water to another system (consecutive system)?

Water suppliers that sell or provide water to a consecutive system must give the public notice to the owner or operator of the consecutive system. The consecutive system must provide the notice to the persons it serves within the allotted time.

How often must I repeat the public notice?

Following the initial notification, you must repeat the notice as long as the violation or situation persists. For Tier 1 notices, the DNR will instruct you on how long you must notify your customers. Tier 2 notices must be repeated every 3 months unless the DNR determines that less frequent notification is appropriate. In no circumstance may a Tier 2 notice be repeated less frequently than once per year. Tier 3 notices must be repeated once per year.

Send a copy of each repeat notice and certification, signed and dated, to your regional DNR rep within 10 days of notifying your customers.

My system has a violation of the turbidity MCL. Does this require a Tier 1 notice?

If your system has a violation of the turbidity MCL, you must contact the DNR within 24 hours after you learn of the violation. After you describe the situation, the DNR will determine if a Tier 1 notice is required. If you don't contact the DNR within 24 hours, your system is automatically required to provide a Tier 1 notice to your customers which informs them of the violation of the turbidity MCL.

My system has a violation of a treatment technique requirement. Does this require a Tier 1 notice?

If your system has a violation of a treatment technique requirement, you must contact the DNR within 24 hours after you learn of the violation. After you describe the situation, the DNR will determine if a Tier 1 notice is required. If you don't contact the DNR within 24 hours, your system is automatically required to provide a Tier 1 notice to your customers which informs them of the violation of the treatment technique requirement.

In addition to providing timely and accurate public notices, water suppliers must address new non-English speaking requirements. If your system serves a population where 5% or more speak a language other than English, you are required to include basic information in that language.

This alternate language information does not need to be a complete translation, but it should include simple statements such as:

• “This report contains very important information about your drinking water. Translate it or speak with someone who understands it.”
• “Boil your water before using” or “Don’t drink the water”
• “This water contains nitrate. Do not use the water for infant formula.”
• Who consumers may contact for more information (the owner or operator of the water system, not the DNR)

The translation of these statements is entirely the responsibility of the owner or operator of the water system, however, a list of translation services and media resources for Hmong and Spanish in Wisconsin has been developed. Some charge a fee; others don’t.

• Hmong Resources [PDF]
• Spanish Resources [PDF]

The United States Environmental Protection Agency (EPA) has compiled a list of phrases translated in Spanish, French, Vietnamese, Chinese and Korean.

• Translated Phrases

The following are resources for more information about public notification topics.

Wisconsin Administrative Code: Chapter NR 809

• Wis. Admin. Code, Ch. NR 809.
• You may also purchase a copy of Chapter NR 809 from the Department of Administration, Document Sales. Call Document Sales at 608-266-3358 or TTY at 608-264-8499 for pricing information. Business hours are from 7:45 a.m. to 4:30 p.m. CST.

U.S. Environmental Protection Agency

Below are public notification resources available from the EPA.

• Public Notification Handbook. Detailed instructions to water suppliers on how to develop and effectively distribute public notices.
• Quick Reference Guide. Summarizes the major elements of the public notification rule.
• Federal Public Notification Rule. Final federal Public Notification Rule - 65 FR 25982 (May 4, 2000).
• Safe Drinking Water Act Hotline. 1-800-426-4791