.1523	PUBLIC NOTIFICATION REQUIREMENTS

(a)  The provisions of 40 C.F.R. 141.32 are hereby incorporated by
reference including any subsequent amendments and editions, except that
multi-lingual notice shall be given if 30 percent or more of the
consumers served by the system are non-English speaking.  This material
is available for inspection at the Department of Environment and Natural
Resources, Division of Environmental Health, 2728 Capital Boulevard,
Raleigh, North Carolina.  Copies may be obtained from the Environmental
Protection Agency's (USEPA) Drinking Water Hotline at 1-800-426-4791 or
from EPA's homepage at http://www.epa.gov/OGWDW/. [Note: The provisions
of 40 C.F.R. 141.32 are no longer valid.  40 C.F.R. 141.32 has been
replaced by the provisions contained in 40 C.F.R. 141, Subpart Q.] 

(b)  The provisions of 40 C.F.R. 141, Subpart Q – Public Notification
of Drinking Water Violations are hereby incorporated by reference
including any subsequent amendments and editions.  This material is
available for inspection at the Department of Environment and Natural
Resources, Division of Environmental Health, 2728 Capital Boulevard,
Raleigh, North Carolina.  Copies may be obtained from the Environmental
Protection Agency's (USEPA) Drinking Water Hotline at 1-800-426-4791 or
from EPA's homepage at http://www.epa.gov/OGWDW/.

ADOPTED BY REFERENCE

Subpart Q--Public Notification of Drinking Water Violations

§141.201 	General public notification requirements.

§141.202  	Tier 1 Public Notice--Form, manner, and frequency of 
notice.

§141.203  	Tier 2 Public Notice--Form, manner, and frequency of notice.

§141.204 	Tier 3 Public Notice--Form, manner, and frequency of notice.

§141.205 	Content of the public notice.

§141.206  	Notice to new billing units or new customers.

§141.207  	Special notice of the availability of unregulated
contaminant monitoring results.

§141.208  	Special notice for exceedance of the SMCL for fluoride.

§141.209  	Special notice for nitrate exceedances above MCL by
non-community water systems (NCWS), where granted permission by the
primacy agency under §141.11(d)

§141.210  	Notice by primacy agency on behalf of the public water
system.

Appendix A to Subpart Q of Part 141--NPDWR Violations and Other
Situations Requiring Public Notice

Appendix B to Subpart Q of Part 141--Standard Health Effects Language
for Public Notification

Appendix C to Subpart Q of Part 141--List of Acronyms Used in Public
Notification Regulation

§141.201  General public notification requirements.

    Public water systems in States with primacy for the public water
system supervision (PWSS) program must comply with the requirements in
this subpart no later than May 6, 2002 or on the date the State-adopted
rule becomes effective, whichever comes first. Public water systems in
jurisdictions where EPA directly implements the PWSS program must comply
with the requirements in this subpart on October 31, 2000. Prior to
these dates, public water systems must continue to comply with the
public notice requirements in §141.32 of this part. The term “primacy
agency” is used in this subpart to refer to either EPA or the State or
the Tribe in cases where EPA, the State, or the Tribe exercises primary
enforcement responsibility for this subpart.

Who must give public notice? Each owner or operator of a public water
system (community water systems, non-transient non-community water
systems, and transient non-community water systems) must give notice for
all violations of national primary drinking water regulations (NPDWR)
and for other situations, as listed in Table 1. The term “NPDWR
violations” is used in this subpart to include violations of the
maximum contaminant level (MCL), maximum residual disinfection level
(MRDL), treatment technique (TT), monitoring requirements, and testing
procedures in this part 141. Appendix A to this subpart identifies the
tier assignment for each specific violation or situation requiring a
public notice.

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TABLE 1 TO §141.201.--VIOLATION CATEGORIES AND OTHER SITUATIONS

REQUIRING A PUBLIC NOTICE

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NPDWR violations:

Failure to comply with an applicable maximum contaminant level (MCL) or
maximum residual disinfectant level (MRDL).

Failure to comply with a prescribed treatment technique (TT).

Failure to perform water quality monitoring, as required by the drinking
water regulations.

Failure to comply with testing procedures as prescribed by a drinking
water regulation.

Variance and exemptions under sections 1415 and 1416 of SDWA:

Operation under a variance or an exemption.

Failure to comply with the requirements of any schedule that has been
set under a variance or exemption.

Special public notices:

Occurrence of a waterborne disease outbreak or other waterborne
emergency.

Exceedance of the nitrate MCL by non-community water systems (NCWS),
where granted permission by the primacy agency under 141.11(d) of this
part.

Exceedance of the secondary maximum contaminant level (SMCL) for
fluoride.

Availability of unregulated contaminant monitoring data.

Other violations and situations determined by the primacy agency to
require a public notice under this subpart, not already listed in
Appendix A.

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What type of public notice is required for each violation or situation?
Public notice requirements are divided into three tiers, to take into
account the seriousness of the violation or situation and of any
potential adverse health effects that may be involved. The public notice
requirements for each violation or situation listed in Table 1 of this
section are determined by the tier to which it is assigned. Table 2 of
this section provides the definition of each tier. Appendix A of this
part identifies the tier assignment for each specific violation or
situation.

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TABLE 2 TO §141.201.--DEFINITION OF PUBLIC NOTICE TIERS

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Tier 1 public notice--required for NPDWR violations and situations with
significant potential to have serious adverse effects on human  health
as a result of short-term exposure.

Tier 2 public notice--required for all other NPDWR violations and 
situations with potential to have serious adverse effects on human
health.

Tier 3 public notice--required for all other NPDWR violations and
situations not included in Tier 1 and Tier 2.

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Who must be notified?

Each public water system must provide public notice to persons served by
the water system, in accordance with this subpart. Public water systems
that sell or otherwise provide drinking water to other public water
systems (i.e., to consecutive systems) are required to give public
notice to the owner or operator of the consecutive system; the
consecutive system is responsible for providing public notice to the
persons it serves.

If a public water system has a violation in a portion of the
distribution system that is physically or hydraulically isolated from
other parts of the distribution system, the primacy agency may allow the
system to limit distribution of the public notice to only persons served
by that portion of the system which is out of compliance. Permission by
the primacy agency for limiting distribution of the notice must be
granted in writing.

A copy of the notice must also be sent to the primacy agency, in
accordance with the requirements under §141.31(d).

§141.202  Tier 1 Public Notice--Form, manner, and frequency of notice.

Which violations or situations require a Tier 1 public notice? Table 1
of this section lists the violation categories and other situations
requiring a Tier 1 public notice. Appendix A to this subpart identifies
the tier assignment for each specific violation or situation.

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TABLE 1 TO §141.202.--VIOLATION CATEGORIES AND OTHER SITUATIONS 

REQUIRING A TIER 1 PUBLIC NOTICE

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Violation of the MCL for total coliforms when fecal coliform or E. coli
are present in the water distribution system (as specified in
§141.63(b)), or when the water system fails to test for fecal coliforms
or E. coli when any repeat sample tests positive for coliform (as
specified in §141.21(e));

Violation of the MCL for nitrate, nitrite, or total nitrate and nitrite,
as defined in § 141.62, or when the water system fails to take a
confirmation sample within 24 hours of the system's receipt of the first
sample showing an exceedance of the nitrate or nitrite MCL, as specified
in § 141.23(f)(2);

Exceedance of the nitrate MCL by non-community water systems, where
permitted to exceed the MCL by the primacy agency under §141.11(d), as
required under §141.209;

Violation of the MRDL for chlorine dioxide, as defined in §141.65(a),
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 system does not take the
required samples in the distribution system, as specified in
§141.133(c)(2)(i);

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;

Violation of the Surface Water Treatment Rule (SWTR) or Interim Enhanced
Surface Water Treatment rule (IESWTR) or Long Term 1 Enhanced Surface
Water Treatment Rule (LT1ESWTR) treatment technique requirement
resulting from a single exceedance of the maximum allowable turbidity
limit (as identified in Appendix A), 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;

Occurrence of a waterborne disease outbreak, as defined in §141.2, 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);

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.

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When is the Tier 1 public notice to be provided? What additional steps
are required? Public water systems must:

Provide a public notice as soon as practical but no later than 24 hours
after the system learns of the violation;

Initiate consultation with the primacy agency 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; and

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 primacy
agency. Such requirements may include the timing, form, manner,
frequency, and content of repeat notices (if any) and other actions
designed to reach all persons served.

What is the form and manner of the public notice? Public water systems
must provide the notice within 24 hours in a form and manner reasonably
calculated to reach all persons served. The form and manner used by the
public water system are to fit the specific situation, but must be
designed to reach residential, transient, and non-transient users of the
water system. In order to reach all persons served, water systems are to
use, at a minimum, one or more of the following forms of delivery:

Appropriate broadcast media (such as radio and television);

Posting of the notice in conspicuous locations throughout the area
served by the water system;

Hand delivery of the notice to persons served by the water system; or

Another delivery method approved in writing by the primacy agency.

§141.203  Tier 2 Public Notice--Form, manner, and frequency of notice.

Which violations or situations require a Tier 2 public notice? Table 1
of this section lists the violation categories and other situations
requiring a Tier 2 public notice. Appendix A to this subpart identifies
the tier assignment for each specific violation or situation.

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TABLE 1 TO §141.203.--VIOLATION CATEGORIES AND OTHER 

SITUATIONS REQUIRING A TIER 2 PUBLIC NOTICE 

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All violations of the MCL, MRDL, and treatment technique requirements,
except where a Tier 1 notice is required under §141.202(a) or where the
primacy agency determines that a Tier 1 notice is required;

Violations of the monitoring and testing procedure requirements, where
the primacy agency 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; and

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

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When is the Tier 2 public notice to be provided?

 Public water systems must provide the public notice as soon as
practical, but no later than 30 days after the system learns of the
violation. If the public notice is posted, the notice must remain in
place for as long as the violation or situation persists, but in no case
for less than seven days, even if the violation or situation is
resolved. The primacy agency may, in appropriate circumstances, allow
additional time for the initial notice of up to three months from the
date the system learns of the violation. It is not appropriate for the
primacy agency to grant an extension to the 30-day deadline for any
unresolved violation or to allow across-the-board extensions by rule or
policy for other violations or situations requiring a Tier 2 public
notice. Extensions granted by the primacy agency must be in writing.

The public water system must repeat the notice every three months as
long as the violation or situation persists, unless the primacy agency
determines that appropriate circumstances warrant a different repeat
notice frequency. In no circumstance may the repeat notice be given less
frequently than once per year. It is not appropriate for the primacy
agency to allow less frequent repeat notice for an MCL violation under
the Total Coliform Rule or a treatment technique violation under the
Surface Water Treatment Rule or Interim Enhanced Surface Water Treatment
Rule. It is also not appropriate for the primacy agency to allow through
its rules or policies across-the-board reductions in the repeat notice
frequency for other ongoing violations requiring a Tier 2 repeat notice.
Primacy agency determinations allowing repeat notices to be given less
frequently than once every three months must be in writing.

For the turbidity violations specified in this paragraph, public water
systems must consult with the primacy agency 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
§141.202(a) is required to protect public health. When consultation
does not take place within the 24-hour period, the water system must
distribute a Tier 1 notice of the violation within the next 24 hours
(i.e., no later than 48 hours after the system learns of the violation),
following the requirements under §141.202(b) and (c). Consultation with
the primacy agency is required for:

Violation of the turbidity MCL under §141.13(b); or

Violation of the SWTR or IESWTR treatment technique requirement
resulting from a single exceedance of the maximum allowable turbidity
limit.

What is the form and manner of the Tier 2 public notice? Public water
systems must provide the initial 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 water system, but
it must at a minimum meet the following requirements:

Unless directed otherwise by the primacy agency in writing, community
water systems must provide notice by:

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; and

Any other method reasonably calculated to reach other persons regularly
served by the system, if they would not normally be reached by the
notice required in paragraph (c)(1)(i) of this section. Such persons may
include those who do not pay water bills or do not have service
connection addresses (e.g., house renters, apartment dwellers,
university students, nursing home patients, prison inmates, etc.). Other
methods may include: Publication in a local newspaper; delivery of
multiple copies for distribution by customers that provide their
drinking water to others (e.g., apartment building owners or large
private employers); posting in public places served by the system or on
the Internet; or delivery to community organizations.

Unless directed otherwise by the primacy agency in writing,
non-community water systems must provide notice by:

Posting the notice in conspicuous locations throughout the distribution
system frequented by persons served by the system, or by mail or direct
delivery to each customer and service connection (where known); and

Any other method reasonably calculated to reach other persons served by
the system if they would not normally be reached by the notice required
in paragraph (c)(2)(i) of this section. Such persons may include those
served who may not see a posted notice because the posted notice is not
in a location they routinely pass by. 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 (e.g., community centers).

§141.204  Tier 3 Public Notice--Form, manner, and frequency of notice.

Which violations or situations require a Tier 3 public notice? Table 1
of this section lists the violation categories and other situations
requiring a Tier 3 public notice. Appendix A to this subpart identifies
the tier assignment for each specific violation or situation.

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TABLE 1 TO §141.204.--VIOLATION CATEGORIES AND OTHER SITUATIONS

REQUIRING A TIER 3 PUBLIC NOTICE

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Monitoring violations under 40 CFR part 141, except where a Tier 1
notice is required under § 141.202(a) or where the primacy agency
determines that a Tier 2 notice is required;

Failure to comply with a testing procedure established in 40 CFR part
141, except where a Tier 1 notice is required under §141.202(a)) or
where the primacy agency determines that a Tier 2 notice is required;

Operation under a variance granted under Section 1415 or an exemption
granted under Section 1416 of the Safe Drinking Water Act;

Availability of unregulated contaminant monitoring results, as required
under § 141.207; and

Exceedance of the fluoride secondary maximum contaminant level (SMCL),
as required under § 141.208.

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When is the Tier 3 public notice to be provided?

Public water systems must provide the public notice not later than one
year after the public water system learns of the violation or situation
or begins operating under a variance or exemption. Following the initial
notice, the public water system must repeat the notice annually for as
long as the violation, variance, exemption, or other situation persists.
If the public notice is posted, the notice must remain in place for as
long as the violation, variance, exemption, or other situation persists,
but in no case less than seven days (even if the violation or situation
is resolved).

Instead of individual Tier 3 public notices, a public water system may
use an annual report detailing all violations and situations that
occurred during the previous twelve months, as long as the timing
requirements of paragraph (b)(1) of this section are met.

What is the form and manner of the Tier 3 public notice? Public water
systems must provide the initial 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 water system, but it must at
a minimum meet the following requirements:

Unless directed otherwise by the primacy agency in writing, community
water systems must provide notice by:

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; and

Any other method reasonably calculated to reach other persons regularly
served by the system, if they would not normally be reached by the
notice required in paragraph (c)(1)(i) of this section. Such persons may
include those who do not pay water bills or do not have service
connection addresses (e.g., house renters, apartment dwellers,
university students, nursing home patients, prison inmates, etc.). Other
methods may include: Publication in a local newspaper; delivery of
multiple copies for distribution by customers that provide their
drinking water to others (e.g., apartment building owners or large
private employers); posting in public places or on the Internet; or
delivery to community organizations.

Unless directed otherwise by the primacy agency in writing,
non-community water systems must provide notice by:

Posting the notice in conspicuous locations throughout the distribution
system frequented by persons served by the system, or by mail or direct
delivery to each customer and service connection (where known); and

Any other method reasonably calculated to reach other persons served by
the system, if they would not normally be reached by the notice required
in paragraph (c)(2)(i) of this section. Such persons may include those
who may not see a posted notice because the notice is not in a location
they routinely pass by. 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 (e.g., community centers).

In what situations may the Consumer Confidence Report be used to meet
the Tier 3 public notice requirements? For community water systems, the
Consumer Confidence Report (CCR) required under Subpart O of this part
may be used as a vehicle for the initial Tier 3 public notice and all
required repeat notices, as long as:

The CCR is provided to persons served no later than 12 months after the
system learns of the violation or situation as required under
§141.204(b);

The Tier 3 notice contained in the CCR follows the content requirements
under §141.205; and

The CCR is distributed following the delivery requirements under
§141.204(c).

§141.205  Content of the public notice.

What elements must be included in the public notice for violations of
National Primary Drinking Water Regulations (NPDWR) or other situations
requiring a public notice? When a public water system violates a NPDWR
or has a situation requiring public notification, each public notice
must include the following elements:

A description of the violation or situation, including the
contaminant(s) of concern, and (as applicable) the contaminant level(s);

When the violation or situation occurred;

Any potential adverse health effects from the violation or situation,
including the standard language under paragraph (d)(1) or (d)(2) of this
section, whichever is applicable;

The population at risk, including subpopulations particularly vulnerable
if exposed to the contaminant in their drinking water;

Whether alternative water supplies should be used;

What actions consumers should take, including when they should seek
medical help, if known;

What the system is doing to correct the violation or situation;

When the water system expects to return to compliance or resolve the
situation;

The name, business address, and phone number of the water system owner,
operator, or designee of the public water system as a source of
additional information concerning the notice; and

A statement to encourage the notice recipient to distribute the public
notice to other persons served, using the standard language under
paragraph (d)(3) of this section, where applicable.

What elements must be included in the public notice for public water
systems operating under a variance or exemption?

If a public water system has been granted a variance or an exemption,
the public notice must contain:

An explanation of the reasons for the variance or exemption;

The date on which the variance or exemption was issued;

A brief status report on the steps the system is taking to install
treatment, find alternative sources of water, or otherwise comply with
the terms and schedules of the variance or exemption; and

A notice of any opportunity for public input in the review of the
variance or exemption.

If a public water system violates the conditions of a variance or
exemption, the public notice must contain the ten elements listed in
paragraph (a) of this section.

How is the public notice to be presented?

Each public notice required by this section:

Must be displayed in a conspicuous way when printed or posted;

Must not contain overly technical language or very small print;

Must not be formatted in a way that defeats the purpose of the notice;

Must not contain language which nullifies the purpose of the notice.

Each public notice required by this section must comply with
multilingual requirements, as follows:

For public water systems serving a large proportion of non-English
speaking consumers, as determined by the primacy agency, the public
notice must contain information in the appropriate language(s) regarding
the importance of the notice or contain a telephone number or address
where persons served may contact the water system to obtain a translated
copy of the notice or to request assistance in the appropriate language.

In cases where the primacy agency has not determined what constitutes a
large proportion of non-English speaking consumers, the public water
system must include in the public notice the same information as in
paragraph (c)(2)(i) of this section, where appropriate to reach a large
proportion of non-English speaking persons served by the water system.

What standard language must public water systems include in their public
notice? Public water systems are required to include the following
standard language in their public notice:

Standard health effects language for MCL or MRDL violations, treatment
technique violations, and violations of the condition of a variance or
exemption. Public water systems must include in each public notice the
health effects language specified in Appendix B to this subpart
corresponding to each MCL, MRDL, and treatment technique violation
listed in Appendix A to this subpart, and for each violation of a
condition of a variance or exemption.

Standard language for monitoring and testing procedure violations.
Public water systems must include the following language in their
notice, including the language necessary to fill in the blanks, for all
monitoring and testing procedure violations listed in Appendix A to this
subpart:

We are required to monitor your drinking water for specific contaminants
on a regular basis. Results of regular monitoring are an indicator of
whether or not your drinking water meets health standards. During
[compliance period], we “did not monitor or test” or “did not
complete all monitoring or testing” for [contaminant(s)], and
therefore cannot be sure of the quality of your drinking water during
that time.

Standard language to encourage the distribution of the public notice to
all persons served. Public water systems must include in their notice
the following language (where applicable):

Please share this information with all the other people who drink this
water, especially those who may not have received this notice directly
(for example, people in apartments, nursing homes, schools, and
businesses). You can do this by posting this notice in a public place or
distributing copies by hand or mail.

§141.206  Notice to new billing units or new customers.

What is the requirement for community water systems? Community water
systems must give a copy of the most recent public notice for any
continuing violation, the existence of a variance or exemption, or other
ongoing situations requiring a public notice to all new billing units or
new customers prior to or at the time service begins.

What is the requirement for non-community water systems? Non-community
water systems must continuously post the public notice in conspicuous
locations in order to inform new consumers of any continuing violation,
variance or exemption, or other situation requiring a public notice for
as long as the violation, variance, exemption, or other situation
persists.

§141.207  Special notice of the availability of unregulated contaminant
monitoring results.

When is the special notice to be given? The owner or operator of a
community water system or non-transient, non-community water system
required to monitor under §141.40 must notify persons served by the
system of the availability of the results of such sampling no later than
12 months after the monitoring results are known.

What is the form and manner of the special notice? The form and manner
of the public notice must follow the requirements for a Tier 3 public
notice prescribed in §§141.204(c), (d)(1), and (d)(3). The notice must
also identify a person and provide the telephone number to contact for
information on the monitoring results.

§141.208  Special notice for exceedance of the SMCL for fluoride.

When is the special notice to be given? Community water systems that
exceed the fluoride secondary maximum contaminant level (SMCL) of 2 mg/l
as specified in §143.3 (determined by the last single sample taken in
accordance with §141.23), but do not exceed the maximum contaminant
level (MCL) of 4 mg/l for fluoride (as specified in §141.62), must
provide the public notice in paragraph (c) of this section to persons
served. Public notice must be provided as soon as practical but no later
than 12 months from the day the water system learns of the exceedance. A
copy of the notice must also be sent to all new billing units and new
customers at the time service begins and to the State public health
officer. The public water system must repeat the notice at least
annually for as long as the SMCL is exceeded. If the public notice is
posted, the notice must remain in place for as long as the SMCL is
exceeded, but in no case less than seven days (even if the exceedance is
eliminated). On a case-by-case basis, the primacy agency may require an
initial notice sooner than 12 months and repeat notices more frequently
than annually.

What is the form and manner of the special notice? The form and manner
of the public notice (including repeat notices) must follow the
requirements for a Tier 3 public notice in §141.204(c) and (d)(1) and
(d)(3).

What mandatory language must be contained in the special notice? The
notice must contain the following language, including the language
necessary to fill in the blanks:

This is an alert about your drinking water and a cosmetic dental problem
that might affect children under nine years of age. At low levels,
fluoride can help prevent cavities, but children drinking water
containing more than 2 milligrams per liter (mg/l) of fluoride may
develop cosmetic discoloration of their permanent teeth (dental
fluorosis). The drinking water provided by your community water system
[name] has a fluoride concentration of [insert value] mg/l.

Dental fluorosis, in its moderate or severe forms, may result in a brown
staining and/or pitting of the permanent teeth. This problem occurs only
in developing teeth, before they erupt from the gums. Children under
nine should be provided with alternative sources of drinking water or
water that has been treated to remove the fluoride to avoid the
possibility of staining and pitting of their permanent teeth. You may
also want to contact your dentist about proper use by young children of
fluoride-containing products. Older children and adults may safely drink
the water.

Drinking water containing more than 4 mg/L of fluoride (the U.S.
Environmental Protection Agency's drinking water standard) can increase
your risk of developing bone disease. Your drinking water does not
contain more than 4 mg/l of fluoride, but we're required to notify you
when we discover that the fluoride levels in your drinking water exceed
2 mg/l because of this cosmetic dental problem.

For more information, please call [name of water system contact] of
[name of community water system] at [phone number]. Some home water
treatment units are also available to remove fluoride from drinking
water. To learn more about available home water treatment units, you may
call NSF International at 1-877-8-NSF-HELP.

§141.209  Special notice for nitrate exceedances above MCL by
non-community water systems (NCWS), where granted permission by the
primacy agency under §141.11(d)

When is the special notice to be given? The owner or operator of a
non-community water system granted permission by the primacy agency
under §141.11(d) to exceed the nitrate MCL must provide notice to
persons served according to the requirements for a Tier 1 notice under
§141.202(a) and (b).

What is the form and manner of the special notice? Non-community water
systems granted permission by the primacy agency to exceed the nitrate
MCL under §141.11(d) must provide continuous posting of the fact that
nitrate levels exceed 10 mg/l and the potential health effects of
exposure, according to the requirements for Tier 1 notice delivery under
§141.202(c) and the content requirements under §141.205.

§141.210  Notice by primacy agency on behalf of the public water
system.

May the primacy agency give the notice on behalf of the public water
system? The primacy agency may give the notice required by this subpart
on behalf of the owner and operator of the public water system if the
primacy agency complies with the requirements of this subpart.

What is the responsibility of the public water system when notice is
given by the primacy agency? The owner or operator of the public water
system remains responsible for ensuring that the requirements of this
subpart are met.

Appendix A to Subpart Q

Appendix A to Subpart Q -- NPDWR Violations and Other Situations
Requiring Public Notice1

Contaminant	MCL/MRDL/TT violations2	Monitoring & testing procedure
violations

	Tier of public notification required	Citation	Tier of public
notification required	Citation

I. Violations of National Primary Drink-ing Water Regulations (NPDWR):3





A. Microbiological Contaminants





Total coliform		2	141.63(a)	3	141.21(a)-(e)

Fecal coliform/E. coli		1	141.63(b)	41,3	141.21(e)

Turbidity MCL		2	141.13(a)	3	141.22

Turbidity MCL (average of 2 days' samples >5 NTU)		52, 1	141.13(b)	3
141.22

Turbidity (for TT violations resulting from a single exceedance of
maximum allowable turbidity level)		62, 1	141.71(a)(2),

141.71(c)(2)(i),

141.73(a)(2),

141.73(b)(2),

141.73(c)(2),

141.73(d),

141.173(a)(2),

141.173(b)

141.551(b)	3	141.74(a)(1),

141.74(b)(2),

141.74(c)(1),

141.174

141.560(a)-(c)

141.561

Surface Water Treatment Rule violations, other than violations resulting
from single exceedance of max. allowable turbidity level (TT)	2
141.70-141.73	3	141.74

Interim Enhanced Surface Water Treatment Rule violations, other than
violations resulting from single exceedance of max. turbidity level TT)	
2	7141.170-141.173

141.500-141.553	3	141.172, 141.174

Filter Backwash Recycling Rule Violations	2	141.76(c)	3	141.76(b), (d)

Long Term 1 Enhanced Surface Water Treatment Rule violations.	2
141.500-141.553	3	141.530-141.544

141.560-141.564

B. Inorganic Chemicals (IOCs)





Antimony		2	141.62(b)	3	141,23(a),(c)

Arsenic		2	141.11(b)	3	141,23(a),(l),(m)

Asbestos (fibers > 10(m)		2	141.23(n)	3	141.23(a)-(b)

Barium		2	141.62(b)	3	141.23(a),(c)

Beryllium		2	141.62(b)	3	141.23(a),(c)

Cadmium		2	141.62(b)	3	141.23(a),(c)

Chromium (total)		2	141.62(b)	3	141.23(a),(c)

Cyanide		2	141.62(b)	3	141.23(a),(c)

Fluoride		2	141.62(b)	3	141.23(a),(c)

Mercury (inorganic)		2	141.62(b)	3	141.23(a),(c)

Nitrate		1	141.62(b)	81, 3	141.23(a),(d)

141.23(f)(2)

Nitrite		1	141.62(b)	81, 3	141.23(a),(d)

141.23(f)(2)

Total Nitrate and Nitrite		1	141.62(b)	3	141.23(a)

Selenium		2	141.62(b)	3	141.23(a),(c)

Thallium		2	141.62(b)	3	141.23(a),(c)

C. Lead and Copper Rule (Action Level for lead is 0.015 m-/L, for copper
is 1.3 mg/L)





Lead and Copper Rule (TT)		2	141.80-141.85	3	141.86-141.89

D. Synthetic Organic Chemicals (SOCs)





2,4-D		2	141.61(c)	3	141.24(h)

2,3,5-TP (Silvex)		2	141.61(c)	3	141.24(h)

Alachlor		2	141.61(c)	3	141.24(h)

Atrazine		2	141.61(c)	3	141.24(h)

Benzo(a)syrene (PAHs)		2	141.61(c)	3	141.24(h)

Carbofuran		2	141.61(c)	3	141.24(h)

Chlordane		2	141.61(c)	3	141.24(h)

Dalapon		2	141.61(c)	3	141.24(h)

Di(2-ethylhexyl) adipate		2	141.61(c)	3	141.24(h)

Di(2-ethylhexyl) phthalate		2	141.61(c)	3	141.24(h)

Dibromochloropropane		2	141.61(c)	3	141.24(h)

Dinoseb		2	141.61(c)	3	141.24(h)

Dioxin (2,3,7,8-TCDD)		2	141.61(c)	3	141.24(h)

Diquat		2	141.61(c)	3	141.24(h)

Endothall		2	141.61(c)	3	141.24(h)

Endrin		2	141.61(c)	3	141.24(h)

Ethylene dibromide		2	141.61(c)	3	141.24(h)

Glyphosate		2	141.61(c)	3	141.24(h)

Heptachlor		2	141.61(c)	3	141.24(h)

Heptachlor epoxide		2	141.61(c)	3	141.24(h)

Hexachlorobenzene		2	141.61(c)	3	141.24(h)

Hexachlorocyclo-pentadiene		2	141.61(c)	3	141.24(h)

Lindane		2	141.61(c)	3	141.24(h)

Methoxychlor		2	141.61(c)	3	141.24(h)

Oxamyl (Vydate)		2	141.61(c)	3	141.24(h)

Pentachlorophenol		2	141.61(c)	3	141.24(h)

Pichloram		2	141.61(c)	3	141.24(h)

Polychlorinated biphenyls (PCBs)		2	141.61(c)	3	141.24(h)

Simazine		2	141.61(c)	3	141.24(h)

Toxaphene		2	141.61(c)	3	141.24(h)

E. Volatile Organic Chemicals (VOCs)





Benzene		2	141.61(a)	3	141.24(f)

Carbon tetrachloride		2	141.61(a)	3	141.24(f)

Chlorobenzene (monochlorobenzene)		2	141.61(a)	3	141.24(f)

o-Dichlorobenzene		2	141.61(a)	3	141.24(f)

p-Dichlorobenzene		2	141.61(a)	3	141.24(f)

1,2-Dichloroethane		2	141.61(a)	3	141.24(f)

1,1-Dichlororethylelne		2	141.61(a)	3	141.24(f)

cis-1,2-Dichloroethylene		2	141.61(a)	3	141.24(f)

trans-1,2-Dichloroethylene		2	141.61(a)	3	141.24(f)

Dichloromethane		2	141.61(a)	3	141.24(f)

1,2-Dichloropropane		2	141.61(a)	3	141.24(f)

Ethylbenzene		2	141.61(a)	3	141.24(f)

Styrene		2	141.61(a)	3	141.24(f)

Tetrachloroethylene		2	141.61(a)	3	141.24(f)

Toluene		2	141.61(a)	3	141.24(f)

1,2,4-Trichlorobenzene		2	141.61(a)	3	141.24(f)

1,1,1-Trichloroethane		2	141.61(a)	3	141.24(f)

1,1,2-Trichloroethane		2	141.61(a)	3	141.24(f)

Trichloroethylene		2	141.61(a)	3	141.24(f)

Vinyl chloride		2	141.61(a)	3	141.24(f)

Xylenes (total)  		2	141.61(a)	3	141.24(f)

F. Radioactive Contaminants





Beta/photon emitters		2	141.66(d)	3	141.25(a)

141.26(b)

Alpha emitters		2	141.66(c)	3	141.25(a)

141.26(a)

Combined radium (226 & 228)		2	141.66(b)	3	141.25(a)

141.26(a)

Uranium		92	141.66(e)	103	141.25(a)

141.26(a)

G. Disinfection Byproducts (DBPs), Byproduct Precursors, Disinfectant
Residuals. Where disinfection is used in the treatment of drinking
water, disinfectants combine with organic and inorganic matter present
in water to form chemicals called disinfection byproducts (DBPs). EPA
sets standards for controlling the levels of disinfectants and DBPs in
drinking water, including trihalomethanes (THMs) and haloacetic acids
(HAAs).11





Total trihalomethanes (TTHMs)		2	12141.12

141.64(a)	3	141.30

141.132(a)-(b)

Haloacetic Acids (HHA5)		2	141.64(a)	3	141.132(a)-(b)

Bromate		2	141.64(a)	3	141.132(a)-(b)

Chlorite		2	141.64(a)	3	141.132(a)-(b)

Chlorine (MRDL)		2	141.65(a)	3	141.132(a), (c)

Chloramine (MRDL)		2	141.65(a)	3	141.132(a), (c)

Chlorine dioxide (MRDL) where any 2 consecutive daily samples at
entrance to distribution system only are above MRDL		2	141.65(a)

141.133(c)(3)	213, 3	141.132(a), (c)

141.133(c)(2)

Chlorine dioxide (MRDL), where sample(s) in distribution system the next
day are also above MRDL		141	141.65(a) 

141.133(c)(3)	1	141.132(a), (c)

141.133(c)(2)

Control of DBP precursors - TOC (TT)		2	141.135(a)-(b)	3	141.132(a), (d)

Bench marking and disinfection profiling		N/A	N/A	3	141.172

141.530-141.544

Development of monitoring plan		N/A	N/A	3	141.132(f)

H. Other Treatment Techniques





Acrylamide (TT)		2	141.111	N/A	N/A

Epichlorohydrin (TT)		2	141.111	N/A	N/A

II. Unregulated Contaminant Monitoring:15

A. Unregulated contaminants		N/A	N/A	3	141.40

B. Nickel		N/A	N/A	3	141.23(c), (k)

III. Public Notification for Variances and Exemptions:





A. Operation under a variance or exemption		3	161415, 1416	N/A	N/A

B. Violation of conditions of a variance or exemption	2	1415, 1416
17142.307	N/A	N/A

IV. Other Situations Requiring Public Notification:





A. Fluoride secondary maximum contaminant level (SMCL) exceedence		3
143.3	N/A	N/A

B. Exceedence of nitrate MCL for non-community systems, as allowed by
primacy agency		1	141.11(d)	N/A	N/A

C. Availability of unregulated contaminant monitoring data		3	141.40	N/A
N/A

D. Waterborne disease outbreak		1	141.2

141.71(c)(2)(ii)	N/A	N/A

E. Other waterborne emergency18	1	N/A	N/A	N/A

F. Other situations as determined by primacy agency		191, 2, 3	N/A	N/A
N/A



Appendix A--Endnotes

1. Violations and other situations not listed in this table (e.g.,
failure to prepare Consumer Confidence Reports), do not require notice,
unless otherwise determined by the primary agency. Primacy agencies may,
at their option, also require a more stringent public notice tier (e.g.,
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
§141.202(a) and §141.203(a).

2. MCL—Maximum contaminant level, MRDL—Maximum residual disinfectant
level, TT—Treatment technique

3. The term Violations of National Primary Drinking Water Regulations
(NPDWR) is used here to include violations of MCL, MRDL, treatment
technique, monitoring, and testing procedure requirements.

4. Failure to test for fecal coliform or 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. Systems that violate the turbidity MCL of 5 NTU based on an average
of measurements over two consecutive days must consult with the primacy
agency within 24 hours after learning of the violation. Based on this
consultation, the primacy agency may subsequently decide to elevate the
violation to Tier 1. If a system is unable to make contact with the
primacy agency in the 24-hour period, the violation is automatically
elevated to Tier 1.

6. Systems with treatment technique violations involving a single
exceedance of a maximum turbidity limit under the Surface Water
Treatment Rule (SWTR), the Interim Enhanced Surface Water Treatment Rule
(IESWTR), or the Long Term 1 Enhanced Surface Water Treatment Rule
(LT1ESWTR) are required to consult with the primacy agency within 24
hours after learning of the violation. Based on this consultation, the
primacy agency may subsequently decide to elevate the violation to Tier
1. If a system is unable to make contact with the primacy agency 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) (§§141.170–141.171, 141.173–141.174)
become effective January 1, 2002 for Subpart H systems (surface water
systems and ground water systems under the direct influence of surface
water) serving at least 10,000 persons. However, §141.172 has some
requirements that become effective as early as April 16, 1999. The
Surface Water Treatment Rule remains in effect for 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
supercede the SWTR.

8. The arsenic MCL citations are effective January 23, 2006. Until then,
the citations are §141.11(b) and §141.23(n). 

9. The uranium MCL Tier 2 violation citations are effective December 8,
2003 for all community water systems. 

10. The uranium Tier 3 violation citations are effective December 8,
2000 for all community water systems. 

11. The arsenic Tier 3 violation MCL citations are effective January 23,
2006. Until then, the citations are §141.23(a), (l).

12. 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.

13. Subpart H community and non-transient non-community systems serving
≥10,000 must comply with new DBP 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. Subpart H 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. Subpart H transient non-community systems
serving fewer than 10,000 persons and using only ground water 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.

14. §141.12 will no longer apply after January 1, 2004.

15. 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.

16. 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.

17. Some water systems must monitor for certain unregulated contaminants
listed in §141.40.

18. This citation refers to §§1415 and 1416 of the Safe Drinking Water
Act. §§1415 and 1416 require that “a schedule prescribed. . . for a
public water system granted a variance [or exemption] shall require
compliance by the system. . .”

19. In addition to §§1415 and 1416 of the Safe Drinking Water Act, 40
CFR 142.307 specifies the items and schedule milestones that must be
included in a variance for small systems.

20. Other waterborne emergencies require a Tier 1 public notice under
§141.202(a) for situations that do not meet the definition of a
waterborne disease outbreak given in 40 CFR 141.2 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 failures or significant interruption in water
treatment processes, natural disasters that disrupt the water supply or
distribution system, chemical spills, or unexpected loading of possible
pathogens into the source water.

21. Primacy agencies may place other situations in any tier they believe
appropriate, based on threat to public health.



Appendix B to Subpart Q 

Appendix B to Subpart Q--Standard Health Effects Language for Public
Notification

Contaminant	MCLG1 mg/L	MCL2 mg/L	Standard health effects language for
public notification

National Primary Drinking Water Regulations (NPDWR):

A. Microbiological Contaminants:

1a. Total coliform		Zero	See footnote3	Coliforms are bacteria that are
naturally present in the environment and are used as an indicator that
other, potentially-harmful, bacteria may be present.  Coliforms were
found in more samples than allowed and this was a warning of potential
problems.

1b. Fecal coliform/E. coli		Zero	Zero	Fecal coliforms and E. coli are
bacteria whose presence indicates that the water may be contaminated
with human or animal wastes. Microbes in these wastes can cause
short-term effects, such as diarrhea, cramps, nausea, headaches, or
other symptoms. They may pose a special health risk for infants, young
children, some of the elderly, and people with severely compromised
immune systems.

2a. Turbidity (MCL)4		None	1 NTU 5/5 NTU	Turbidity has no health
effects. However, turbidity can interfere with disinfection and provide
a medium for microbial growth. Turbidity may indicate the presence of
disease-causing organisms. These organisms include bacteria, viruses,
and parasites that can cause symptoms such as nausea, cramps, diarrhea
and associated headaches.

2b. Turbidity (SWTR TT)6		None	TT7	Turbidity has no health effects.
However, turbidity can interfere with disinfection and provide a medium
for microbial growth. Turbidity may indicate the presence of
disease-causing organisms. These organisms include bacteria, viruses,
and parasites that can cause symptoms such as nausea, cramps, diarrhea
and associated headaches.

2c. Turbidity (IESWTR TT and LT1ESWTR TT)8		None	TT	Turbidity has no
health effects. However, turbidity can interfere with disinfection and
provide a medium for microbial growth. Turbidity may indicate the
presence of disease-causing organisms. These organisms include bacteria,
viruses, and parasites that can cause symptoms such as nausea, cramps,
diarrhea and associated headaches

B. Surface Water Treatment Rule (SWTR), Interim Enhanced Surface Water
Treatment Rule (IESWTR), Long Term 1 Enhanced Surface Water Treatment
Rule (LT1ESWTR) and the Filter Backwash Recycling Rule (FBRR)
violations:

Giardia lamblia (SWTR/IESWTR/ LT1ESWTR)		Zero	TT10	Inadequately treated
water may contain disease-causing organisms. These organisms include
bacteria, viruses, and parasites which can cause symptoms such as
nausea, cramps, diarrhea, and associated headaches.

Viruses (SWTR/IESWTR/ LT1ESWTR)	



	Heterotrophic plate count (HPC) bacteria9 (SWTR/ IESWTR/LT1ESWTR)	



	Legionella (SWTR/ IESWTR/LT1ESWTR)	



	Cryptosporidium (IESWTR/ FBRR/ LT1ESWTR)



	C. Inorganic Chemicals (IOCs):

Antimony		0.006	0.006	Some people who drink water containing antimony
well in excess of the MCL over many years could experience increases in
blood cholesterol and decreases in blood sugar.

Arsenic11		0	0.010	Some people who drink water containing arsenic in
excess of the MCL over many years could experience skin damage or
problems with their circulatory system, and may have an increased risk
of getting cancer.

Asbestos (10 (m)		7 MFL12	7 MFL	Some people who drink water containing
asbestos in excess of the MCL over many years may have an increased risk
of developing benign intestinal polyps.

Barium		2	2	Some people who drink water containing barium in excess of
the MCL over many years could experience an increase in their blood
pressure.

Beryllium		0.004	0.004	Some people who drink water containing beryllium
well in excess of the MCL over many years could develop intestinal
lesions.

Cadmium		0.005	0.005	Some people who drink water containing cadmium in
excess of the MCL over many years could experience kidney damage.

Chromium (total)		0.1	0.1	Some people who use water containing chromium
well in excess of the MCL over many years could experience allergic
dermatitis.

Cyanide		0.2	0.2	Some people who drink water containing cyanide well in
excess of the MCL over many years could experience nerve damage or
problems with their thyroid.

Fluoride		4.0	4.0	Some people who drink water containing fluoride in
excess of the MCL over many years could get bone disease, including pain
and tenderness of the bones. Fluoride in drinking water at half the MCL
or more may cause mottling of children's teeth, usually in children less
than nine years old. Mottling, also known as dental fluorosis, may
include brown staining and/or pitting of the teeth, and occurs only in
developing teeth before they erupt from the gums.

Mercury (inorganic)		0.002	0.002	Some people who drink water containing
inorganic mercury well in excess of the MCL over many years could
experience kidney damage.

Nitrate		10	10	Infants below the age of six months who drink water
containing nitrate in excess of the MCL could become seriously ill and,
if untreated, may die. Symptoms include shortness of breath and blue
baby syndrome.

Nitrite		1	1	Infants below the age of six months who drink water
containing nitrite in excess of the MCL could become seriously ill and,
if untreated, may die. Symptoms include shortness of breath and blue
baby syndrome.

Total Nitrate and Nitrite		10	10	Infants below the age of six months who
drink water containing nitrate and nitrite in excess of the MCL could
become seriously ill and, if untreated, may die. Symptoms include
shortness of breath and blue baby syndrome.

Selenium		0.05	0.05	Selenium is an essential nutrient. However, some
people who drink water containing selenium in excess of the MCL over
many years could experience hair or fingernail losses, numbness in
fingers or toes, or problems with their circulation.

Thallium		0.0005	0.002	Some people who drink water containing thallium
in excess of the MCL over many years could experience hair loss, changes
in their blood, or problems with their kidneys, intestines, or liver.

D.  Lead and Copper Rule:

Lead		Zero	TT13	Infants and children who drink water containing lead in
excess of the action level could experience delays in their physical or
mental development. Children could show slight deficits in attention
span and learning abilities. Adults who drink this water over many years
could develop kidney problems or high blood pressure.

Copper		1.3	TT14	Copper is an essential nutrient, but some people who
drink water containing copper in excess of the action level over a
relatively short amount of time could experience gastrointestinal
distress. Some people who drink water containing copper in excess of the
action level over many years could suffer liver or kidney damage. People
with Wilson's Disease should consult their personal doctor.

E. Synthetic Organic Chemicals (SOCs):

2,4-D		0.07	0.07	Some people who drink water containing the weed killer
2,4-D well in excess of the MCL over many years could experience
problems with their kidneys, liver, or adrenal glands.

2,4,5-TP (Silvex)		0.05	0.05	Some people who drink water containing
silvex in excess of the MCL over many years could experience liver
problems.

Alachlor		Zero	0.002	Some people who drink water containing alachlor in
excess of the MCL over many years could have problems with their eyes,
liver, kidneys, or spleen, or experience anemia, and may have an
increased risk of getting cancer.

Atrazine		0.003	0.003	Some people who drink water containing atrazine
well in excess of the MCL over many years could experience problems with
their cardiovascular system or reproductive difficulties.

Benzo(a)syrene (PAHs)		Zero	0.0002	Some people who drink water
containing benzo(a)pyrene in excess of the MCL over many years may
experience reproductive difficulties and may have an increased risk of
getting cancer.

Carbofuran		0.04	0.04	Some people who drink water containing carbofuran
in excess of the MCL over many years could experience problems with
their blood, or nervous or reproductive systems.

Chlordane		Zero	0.002	Some people who drink water containing chlordane
in excess of the MCL over many years could experience problems with
their liver or nervous system, and may have an increased risk of getting
cancer.

Dalapon		0.2	0.2	Some people who drink water containing dalapon well in
excess of the MCL over many years could experience minor kidney changes.

Di(2-ethylhexyl) adipate		0.4	0.4	Some people who drink water containing
di (2-ethylhexyl) adipate well in excess of the MCL over many years
could experience general toxic effects or reproductive difficulties.

Di(2-ethylhexyl) phthalate		Zero	0.006	Some people who drink water
containing di (2-ethylhexyl) phthalate in excess of the MCL over many
years may have problems with their liver, or experience reproductive
difficulties, and may have an increased risk of getting cancer.

Dibromochloropropane (DBCP)		Zero	0.0002	Some people who drink water
containing in excess of the MCL over many years could experience
reproductive difficulties and may have an increased risk of getting
cancer.

Dinoseb		0.007	0.007	Some people who drink water containing dinoseb well
in excess of the MCL over many years could experience reproductive
difficulties.

Dioxin (2,3,7,8-TCDD)		Zero	3x10-8	Some people who drink water
containing dioxin in excess of the MCL over many years could experience
reproductive difficulties and may have an increased risk of getting
cancer.

Diquat		0.02	0.02	Some people who drink water containing diquat in
excess of the MCL over many years could get cataracts.

Endothall		0.1	0.1	Some people who drink water containing endothall in
excess of the MCL over many years could experience problems with their
stomach or intestines.

Endrin		0.002	0.002	Some people who drink water containing endrin in
excess of the MCL over many years could experience liver problems.

Ethylene dibromide		Zero	0.00005	Some people who drink water containing
ethylene dibromide in excess of the MCL over many years could experience
problems with their liver, stomach, reproductive system, or kidneys, and
may have an increased risk of getting cancer.

Glyphosate		0.7	0.7	Some people who drink water containing glyphosate in
excess of the MCL over many years could experience problems with their
kidneys or reproductive difficulties.

Heptachlor		Zero	0.0004	Some people who drink water containing
heptachlor in excess of the MCL over many years could experience liver
damage and may have an increased risk of getting cancer.

Heptachlor epoxide		Zero	0.0002	Some people who drink water containing
heptachlor epoxide in excess of the MCL over many years could experience
liver damage, and may have an increased risk of getting cancer.

Hexahlorobenzene		Zero	0.001	Some people who drink water containing
hexachlorobenzene in excess of the MCL over many years could experience
problems with their liver or kidneys, or adverse reproductive effects,
and may have an increased risk of getting cancer.

Hexachlorocyclo-pentadiene	0.05	0.05	Some people who drink water
containing hexachlorocyclopentadiene well in excess of the MCL over many
years could experience problems with their kidneys or stomach.

Lindane	0.0002	0.0002	Some people who drink water containing lindane in
excess of the MCL over many years could experience problems with their
kidneys or liver.

Methoxychlor	0.04 	0.04	Some people who drink water containing
methoxychlor in excess of the MCL over many years could experience
reproductive difficulties.

Oxamyl (Vydate)	0.2	0.2	Some people who drink water containing oxamyl in
excess of the MCL over many years could experience slight nervous system
effects.

Pentachlorophenol	Zero	0.001	Some people who drink water containing
pentachlorophenol in excess of the MCL over many years could experience
problems with their liver or kidneys, and may have an increased risk of
getting cancer.

Picloram	0.5	0.5	Some people who drink water containing picloram in
excess of the MCL over many years could experience problems with their
liver.

Polychlorinated biphenyls (PCBs)	Zero	0.0005	Some people who drink water
containing PCBs in excess of the MCL over many years could experience
changes in their skin, problems with their thymus gland, immune
deficiencies, or reproductive or nervous system difficulties, and may
have an increased risk of getting cancer.

Simazine	0.004	0.004	Some people who drink water containing simazine in
excess of the MCL over many years could experience problems with their
blood.

Toxaphene	Zero	0.003	Some people who drink water containing toxaphene in
excess of the MCL over many years could have problems with their
kidneys, liver, or thyroid, and may have an increased risk of getting
cancer.

F. Volatile Organic Chemicals (VOCs):

Benzene	Zero	0.005	Some people who drink water containing benzene in
excess of the MCL over many years could experience anemia or a decrease
in blood platelets, and may have an increased risk of getting cancer.

Carbon tetrachloride	Zero	0.005	Some people who drink water containing
carbon tetrachloride in excess of the MCL over many years could
experience problems with their liver and may have an increased risk of
getting cancer

Chlorobenzene (monochloro-benzene)	0.1	0.1	Some people who drink water
containing chlorobenzene in excess of the MCL over many years could
experience with their liver or kidneys.

o-Dichlorobenzene	0.6	0.6	Some people who drink water containing
o-dichlorobenzene well in excess of the MCL over many years could
experience problems with their liver, kidneys, or circulatory systems.

p-Dichlorobenzene	0.075	0.075	Some people who drink water containing
p-dichlorobenzene in excess of the MCL over many years could experience
anemia, damage to their liver, kidneys, or spleen, or changes in their
blood.

1,2-Dichloroethane	Zero	0.005	Some people who drink water containing
1,2-dichloroethane in excess of the MCL over many years may have an
increased risk of getting cancer.

1,1-Dichloroethylene	0.007	0.007	Some people who drink water containing
1,1-dichloroethylene in excess of the MCL over many years could
experience problems with their liver.

cis-1,2-Dichloroethylene	0.07	0.07	Some people who drink water
containing cis-1,2-dichloroethylene in excess of the MCL over many years
could experience problems with their liver.

trans-1,2-Dichloroethylene  	0.1	0.1	Some people who drink water
containing trans-1,2-dichloroethylene well in excess of the MCL over
many years could experience problems with their liver.

Dichloromethane	Zero	0.005	Some people who drink water containing
dichloromethane in excess of the MCL over many years could have liver
problems and may have an increased risk of getting cancer.

1,2-Dichloropropane	Zero	0.005	Some people who drink water containing
1,2-dichloropropane in excess of the MCL over many years may have an
increased risk of getting cancer.

Ethylbenzene	0.7	0.7	Some people who drink water containing ethylbenzene
well in excess of the MCL over many years could experience problems with
their liver or kidneys.

Styrene	0.1	0.1	Some people who drink water containing styrene well in
excess of the MCL over many years could have problems with their liver,
kidneys, or circulatory system.

Trachloroethylene	Zero	0.005	Some people who drink water containing
tetrachloroethylene in excess of the MCL over many years could have
problems with their liver, and may have an increased risk of getting
cancer.

Toluene	1	1	Some people who drink water containing toluene well in
excess of the MCL over many years could have problems with their nervous
system, kidneys, or liver.

1,2,4-Trichlorobenzene	0.07	0.07	Some people who drink water containing
1,2,4-trichlorobenzene well in excess of the MCL over many years could
experience changes in their adrenal glands.

1,1,1-Trichloroethane	0.2	0.2	Some people who drink water containing
1,1,1-trichloroethane in excess of the MCL over many years could
experience problems with their liver, nervous system, or circulatory
system.

1,1,2-Trichloroethane	0.003	0.005	Some people who drink water containing
1,1,2-trichloroethane well in excess of the MCL over many years could
have problems with their liver, kidneys, or immune systems.

Trichloroethylene	Zero	0.005	Some people who drink water containing
trichloroethylene in excess of the MCL over many years could experience
problems with their liver and may have an increased risk of getting
cancer.

Vinyl chloride	Zero	0.002	Some people who drink water containing vinyl
chloride in excess of the MCL over many years may have an increased risk
of getting cancer.

Xylenes (total)	10	10	Some people who drink water containing xylenes in
excess of the MCL over many years could experience damage to their
nervous system.

G. Radioactive Contaminants:

Beta/photon emitters	Zero	4 mrem /yr15	Certain minerals are radioactive
and may emit forms of radiation known as photons and beta radiation.
Some people who drink water containing beta and photon emitters in
excess of the MCL over many years may have an increased risk of getting
cancer.

Alpha emitters	Zero	15 pCi/L16	Certain minerals are radioactive and may
emit a form of radiation known as alpha radiation. Some people who drink
water containing alpha emitters in excess of the MCL over many years may
have an increased risk of getting cancer.

Combined radium (226 & 228)	Zero	5 pCi/L 	Some people who drink water
containing radium 226 or 228 in excess of the MCL over many years may
have an increased risk of getting cancer.

Uranium16	Zero	30 μg/L 	Some people who drink water containing uranium
in excess of the MCL over many years may have an increased risk of
getting cancer and kidney toxicity.

H. Disinfection Byproducts (DBPs), Byproduct Precursors, and
Disinfectant Residuals: Where disinfection is used in the treatment of
drinking water, disinfectants combine with organic and inorganic matter
present in water to form chemicals called disinfection byproducts
(DBPs). EPA sets standards for controlling the levels of disinfectants
and DBPs in drinking water, including trihalomethanes (THMs) and
haloacetic acids (HAAs)17

Total trihalomethanes (TTHMs)	N/A	0.10/ 0.08017 18	Some people who drink
water containing trihalomethanes in excess of the MCL over many years
may experience problems with their liver, kidneys, or central nervous
system, and may have an increased risk of getting cancer.

Haloacetic Acids (HAA)	N/A	0.06020	Some people who drink water
containing haloacetic acids in excess of the MCL over many years may
have an increased risk of getting cancer.

Bromate	Zero	0.010	Some people who drink water containing bromate in
excess of the MCL over many years may have an increased risk of getting
cancer.

Chlorite	0.08	1.0	Some infants and young children who drink water
containing chlorite in excess of the MCL could experience nervous system
effects. Similar effects may occur in fetuses of pregnant women who
drink water containing chlorite in excess of the MCL. Some people may
experience anemia.

Chlorine	4 (MRDLG)21	4.0 (MRDL)22	Some people who use water containing
chlorine well in excess of the MRDL could experience irritating effects
to their eyes and nose. Some people who drink water containing chlorine
well in excess of the MRDL could experience stomach discomfort.

Chloramines	4 (MRDLG)	4.0 (MRDL)	Some people who use water containing
chloramines well in excess of the MRDL could experience irritating
effects to their eyes and nose. Some people who drink water containing
chloramines well in excess of the MRDL could experience stomach
discomfort or anemia.

(a) Chlorine dioxide, where any 2 consecutive daily samples taken at the
entrance to the distribution system are above the MRDL	0.8 (MRDLG)	0.8
(MRDL)	Some infants and young children who drink water containing
chlorine dioxide in excess of the MRDL could experience nervous system
effects. Similar effects may occur in fetuses of pregnant women who
drink water containing chlorine dioxide in excess of the MRDL. Some
people may experience anemia. Add for public notification only: The
chlorine dioxide violations reported today are the result of exceedances
at the treatment facility only, not within the distribution system which
delivers water to consumers. Continued compliance with chlorine dioxide
levels within the distribution  system minimizes the potential risk of
these violations to consumers.

(b) Chlorine dioxide, where one or more distribution system samples are
above the MRDL	0.8 (MRDLG) 	0.8 (MRDL)	Some infants and young children
who drink water containing chlorine dioxide in excess of the MRDL could
experience nervous system effects. Similar effects may occur in fetuses
of pregnant women who drink water containing chlorine dioxide in excess
of the MRDL. Some people may experience anemia. Add for public
notification only: The chlorine dioxide violations reported today
include exceedances of the EPA standard within the distribution system
which delivers water to consumers.  Violations of the chlorine dioxide
standard within the distribution system may harm human health based on
short- exposures. Certain groups, including fetuses, infants, and young
children, may be especially susceptible to nervous system effects from
excessive chlorine dioxide exposure.

Control of DBP precursors  (TOC)	None	TT	Total organic carbon (TOC) has
no health effects. However, total organic carbon provides a medium for
the formation of disinfection byproducts. These byproducts include
trihalomethanes (THMs) and haloacetic acids (HAAs). Drinking water
containing these byproducts in excess of the MCL may lead to adverse
health effects, liver or kidney problems, or nervous system effects, and
may lead to an increased risk of getting cancer.

I. Other Treatment Techniques:

Acrylamide	Zero	TT	Some people who drink water containing high levels of
acrylamide over a long period of time could have problems with their
nervous system or blood, and may have an increased risk of getting
cancer.

Epichlorohydrin	Zero	TT	Some people who drink water containing high
levels of epichlorohydrin over a long period of time could experience
stomach problems, and may have an increased risk of getting cancer.



Appendix B--Endnotes

1. MCLG—Maximum contaminant level goal

2. MCL—Maximum contaminant level

3. For 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 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 systems, including 40 CFR 141.13, and the 1989
Surface Water Treatment Rule, the 1998 Interim Enhanced Surface Water
Treatment Rule and the 2002 Long Term 1 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 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 systems, including 40 CFR 141.13, and the 1989
Surface Water Treatment Rule, the 1998 Interim Enhanced Surface Water
Treatment Rule and the 2001 Long Term 1 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 must not exceed 0.5 NTU in systems
using conventional or direct filtration and must not exceed 1 NTU in
systems using slow sand or diatomaceous earth filtration or other
filtration technologies approved by the primacy agency.

7. TT—Treatment technique

8. There are various regulations that set turbidity standards for
different types of systems, including 40 CFR 141.13, the 1989 Surface
Water Treatment Rule (SWTR), the 1998 Interim Enhanced Surface Water
Treatment Rule (IESWTR) and the 2002 Long Term 1 Enhanced Surface Water
Treatment Rule (LT1ESWTR). For systems subject to the IESWTR (systems
serving at least 10,000 people, using surface water or ground water
under the direct influence of surface water), that use conventional
filtration or direct filtration, after January 1, 2002, the turbidity
level of a 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 system's combined filter effluent must not exceed 1 NTU at any time.
Systems subject to the IESWTR using technologies other than
conventional, direct, slow sand, or diatomaceous earth filtration must
meet turbidity limits set by the primacy agency. For systems subject to
the LT1ESWTR (systems serving fewer than 10,000 people, using surface
water or ground water under the direct influence of surface water) that
use conventional filtration or direct filtration, after January 1, 2005,
the turbidity level of a 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 system's combined filter effluent must not exceed 1
NTU at any time. Systems subject to the LT1ESWTR using technologies
other than conventional, direct, slow sand, or diatomaceous earth
filtration must meet turbidity limits set by the primacy agency.

9. The bacteria detected by heterotrophic plate count (HPC) are not
necessarily harmful. HPC is simply an alternative method of determining
disinfectant residual levels. The number of such bacteria is an
indicator of whether there is enough disinfectant in the distribution
system.

10. SWTR, IESWTR, and LT1ESWTR treatment technique violations that
involve turbidity exceedances may use the health effects language for
turbidity instead.

11. These arsenic values are effective January 23, 2006. Until then, the
MCL is 0.05 mg/L and there is no MCLG.

12. Millions fibers per liter.

13. Action Level = 0.015 mg/L

14. Action Level = 1.3 mg/L

15. Millirems per years 

16. The uranium MCL is effective December 8, 2003 for all community
water systems. 

17. Picocuries per liter

t influence of surface water are regulated under Subpart H of 40 CFR
141. Subpart H community and non-transient non-community systems serving
≥10,000 must comply with DBP MCLs and disinfectant maximum residual
disinfectant levels (MRDLs) beginning January 1, 2002. All other
community and non-transient noncommunity systems must meet the MCLs and
MRDLs beginning January 1, 2004. Subpart H 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. Subpart H transient non-community systems
serving fewer than 10,000 persons and systems using only ground water
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.

19. The MCL of 0.10 mg/l for TTHMs is in effect until January 1, 2002
for Subpart H community water systems serving 10,000 or more. This MCL
is in effect until January 1, 2004 for community water systems with a
population of 10,000 or more using only ground water not under the
direct influence of surface water. After these deadlines, the MCL will
be 0.080 mg/l. On January 1, 2004, all systems serving less than 10,000
will have to comply with the new MCL as well.

20. The MCL for total trihalomethanes is the sum of the concentrations
of the individual trihalomethanes.

21. The MCL for haloacetic acids is the sum of the concentrations of the
individual haloacetic acids.

22. MRDLG—Maximum residual disinfectant level goal.

23. MRDL—Maximum residual disinfectant level.

.

Appendix C to Subpart Q

Appendix C to Subpart Q--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

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OGWDW  Office of Ground Water 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

History Note:	Authority G.S. 130A-315; P.L. 93-523; 40 C.F.R. 141;

Eff. January 1, 1990;

Transferred and Recodified from 10 NCAC 10D .1642 Eff. April 4, 1990;

Amended Eff. August 1, 2002; April 1, 1992; December 1, 1991; January 1,
1991; October 1, 1990.

DENR – ENVIRONMENTAL HEALTH	T15A: 18C .1500

DENR – ENVIRONMENTAL HEALTH	T15A: 18C .1500

