# The Public Notification Rule: A Quick Reference Guide

Overview of the Rule

Title Public	Notification	(PN)	Rule,	65	FR	25982,	May	4,	2000. To notify the public of drinking water violations or situations that may pose a risk to public Purpose health. The PN Rule requires all public water systems (PWSs) to notify their consumers any time a General PWS violates a national primary drinking water regulation or has a situation posing a risk to Description public health. Notices must be provided to persons served (not just billing customers). Utilities All PWSs. Covered Timing and Notices must be sent within 24 hours, 30 days, or one year depending on the tier to which the Distribution violation	is	assigned.	The clock	for	notification	starts	when	the	PWS	learns	of	the violation. 

# Tier 1 (Immediate Notice, Within 24 Hours) Tier 1 PN is required to be issued as soon as practical but no later than 24 hours after the PWS learns of the violation or situation including: ► Distribution system sample violation when fecal coliform or E. coli are present; failure to test for fecal coliform or E. coli after initial total coliform distribution system sample tests positive. ► Nitrate, nitrite, or total nitrate and nitrite maximum contaminant level (MCL) violation; failure to take confirmation	sample. ► Special notice for noncommunity water systems (NCWSs) with nitrate exceedances between 10 mg/L and 20 mg/L, where system is allowed to exceed 10 mg/L by primacy agency. ► Chlorine dioxide maximum residual disinfectant level (MRDL) violation when one or more of the samples taken in the distribution system exceeds the MRDL on the day after a chlorine dioxide measurement taken at the entrance to the distribution system exceeds the MRDL, or when required samples are not taken in the distribution system. ► Exceedance of maximum allowable turbidity level, if elevated to a Tier 1 notice by primacy agency. ► Waterborne disease outbreak or other waterborne emergency. ► Detection of E. coli , enterococci, or coliphage in a ground water source sample. ► Other violations or situations determined by the primacy agency. 

# Tier 2 (Notice as Soon as Practical, Within 30 Days) Tier 2 PN is required to be issued as soon as practical or within 30 days. Repeat notice every 3 months until violation or situation is resolved. ► All MCL, MRDL, and treatment technique violations, except where Tier 1 notice is required. ► Monitoring violations, if elevated to Tier 2 notice by primacy agency. ►	 Failure	to	comply	with	variance	and	exemption	conditions. ►	 For	ground	water	systems	providing	4-log	treatment	and	conducting	Ground	Water	Rule	(GWR)	compliance monitoring, failure to maintain required treatment for more than 4 hours. ►	 Failure	to	take	any	required	corrective	action	or	be	in	compliance	with	a	corrective	action	plan	for	a	fecal indicator-positive	ground	water	source	sample. ►	 Failure	to	take	any	required	corrective	action	or	be	in	compliance	with	a	corrective	action	plan	for	a significant	deficiency	under	the	GWR. ► Special public notice for repeated failure to conduct monitoring for Cryptosporidium. Turbidity consultation is required when a PWS has a treatment technique violation resulting from a single exceedance of the maximum allowable turbidity limit or an MCL violation resulting from an exceedance of the 2-day	turbidity	limit.	The PWS	must	consult	their primacy	agency	within	24	hours.	Primacy	agencies	will	then determine whether a Tier 1 PN is necessary. If consultation does not occur within 24 hours, violations are automatically elevated to require Tier 1 PN. 

# Tier 3 (Annual Notice) Tier 3 PN is required to be issued within 12 months and repeated annually for unresolved violations. ► All monitoring or testing procedure violations, unless primacy agency elevates to Tier 2, including failure to	conduct	benchmarking	and	profiling	(surface	water	systems) and	failure	to	develop	a	monitoring	plan (disinfecting systems). ► Operating under a variance and exemption. ► Special public notice for availability of unregulated contaminant monitoring results. ►	 Special	public	notice	for	fluoride	secondary	maximum	contaminant	level	(SMCL)	exceedance. 

### For additional information on the PN Rule Call the Safe Drinking Water	Hotline	at	1-800- 426-4791;	visit	the	EPA W eb site at www.epa. gov/safewater/pn.html; or contact your state or local primacy agency’s drinking water representative. Log onto the PNiW riter Web site to use EPA’s templates at www.PNiWriter.com.

# Ten Required Elements of a Public Notice Unless	otherwise	specified	in	the	regulations,*	each	notice	mustcontain: 1. Description of the violation or situation, including the contaminant(s) of concern, and (as applicable) the contaminant level(s). 2. When the violation or situation occurred (i.e., date the sample was collected or was supposed to be collected). 3. Any	potential	adverse	health	effects	from	drinking	the	water	and	standard	language	regarding	the	violation	or	situation.	(For	MCL,	MRDL, treatment technique violations, or violations of the conditions of a variance or exemption, use health effects language from Appendix B of the PN	Rule.	For	monitoring	and	testing	procedure	violations,	use the	standard	monitoring	language	below.) 4. The population at risk, including subpopulations that may be particularly vulnerable if exposed to the contaminant in their drinking water. 5. Whether alternate water supplies should be used. 6. Actions consumers should take, including when they should seek medical help, if known. 7. What the PWS is doing to correct the violation or situation. 8. When the PWS expects to return to compliance or resolve the situation. 9. The name, business address, and phone number or those of a designee of the PWS as a source of additional information concerning the notice. 10. A statement (see standard distribution language below) encouraging notice recipients to distribute the notice to others, where applicable. * These elements do not apply to notices for fluoride SMCL exceedances, availability of unregulated contaminant monitoring data, and operation under a variance or exemption. Content requirements for these notices are specified in the PN Rule. Standard Language: Standard Monitoring Language: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 our drinking water meets health standards. During [period] we [did not monitor or test/did not complete all monitoring or testing] for [contaminant(s)], and therefore cannot be sure of the quality of the drinking water during that time. Standard Distribution Language: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.



# Presentation and Distribution ►	 The	Tier	1	PN	must	be	issued	via	radio,	TV,	hand	delivery,	posting,	or	other	method	specified	by	the	primacy	agency	to	reach	all	persons	served. PWSs must also initiate consultation with the primacy agency within 24 hours. Primacy agency may establish additional requirements during consultation. ► The Tier 2 and Tier 3 PNs must be issued by Community Water Systems (CWSs) via mail or direct delivery and by NCWSs via posting, direct delivery, or mail. Primacy agencies may permit alternate methods. All PWSs must use additional delivery methods reasonably calculated to reach other	consumers	not	notified	by	the	first	method.* ►	 Notices	for	individual	violations	can	be	combined	into	an	annual	notice	(including	the	Consumer	Confidence	Report	[CCR],	if	PN	requirements	can still be met). ► Each PN: ► Must be displayed in a conspicuous way. ► Must not include overly technical language or very small print. ► Must not be formatted in a way that defeats the purpose of the notice. ► Must	not	include	language	that	nullifies	the	purpose	of	the notice. ► If the notice is posted, it 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. *PWSs	should	check	with	their	primacy	agency	to	determine	the most	appropriate	delivery	methods. 

# Multilingual Requirements ►	 Where	the	PWS	serves	a	large	proportion	of	non-English	speakers,	the	PWS	must	provide	information	in	the	appropriate	language(s)	on	the importance of the notice or on how to get assistance or a translated copy.



# Notices to New Customers ►	 All	new	billing	units	and	customers	must	be	notified	of	ongoing	violations	or	situations	requiring	PN. 

# Reporting and Recordkeeping ►	 PWSs	have	10	days	to	send	a	certification	of	compliance	and	a	copy	of	the	completed	notice	to	the	primacy	agency. ►	 PWS	and	primacy	agency	must	keep	notices	on	file	for	3	years.

# The Required Elements of a Public Notice

IMPORTANT INFORMATION ABOUT YOUR DRINKING WATER

Tests Showed Presence of Coliform Bacteria 1. Description of the 2. When the violation 

### The Jonesville Water System routinely monitors for coliform bacteria. During violation occurred 

### the	month	of	July,	7	percent	of	our	samples	tested	positive.	The	standard	is	that no	more	than	5	percent	of	samples	may	test	positive.

6.	Actions consumers 

### What should I do? should take 

### • You do not need to boil your water or take other corrective actions. 5.	Should	alternate 

### However,	if	you	have	specific	health	concerns,	consult	your	doctor. water supplies be



### • You do not need to use an alternate (e.g., bottled) water supply. used



### • People with severely compromised immune systems, infants, pregnant 4. The population at 

### women, and some elderly may be at increased risk. These people should risk 

### seek advice about drinking water from their health care providers. General guidelines on ways to lessen the risk of infection by microbes are available from	EPA's	Safe	Drinking	Water	Hotline	at	1-800-426-4791.

What does this mean? This	is	not	an	emergency.	If	it	had	been,	you	would	have	been	notified immediately. Coliform bacteria are generally not harmful themselves. Coliforms 3. Potential adverse 

### are bacteria which are naturally present in the environment and are used as health effects 

### 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. Usually, coliforms are a sign that there could be a problem with the system's treatment or distribution system (pipes). Whenever we detect coliform bacteria in	any	sample,	we	do	follow-up	testing	to	see	if	other	bacteria of	greater concern, such as fecal coliform or E. coli ,	are	present.	We	did	not	find	any	of 7.	What	is	being 

### these bacteria in our subsequent testing. done to correct the violation or situation 

### What was done? We took additional samples for coliform bacteria which all came back negative. 8.	When	the	system 

### As	an	added	precaution,	we	chlorinated	and	flushed	the	pipes	in the	distribution expects to return to 

### system to make sure bacteria were eliminated. This situation is now resolved. compliance 9.	Phone	number	for 

### For	more	information,	or	to	learn	more	about	protecting	your drinking	water more information 

### please	contact	John	Jones	at	(502)	555-1212. Please share this information with all the other people who drink this water , 10. Required 

### especially those who may not have received this notice directly (for example, distribution language 

### 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. This is being sent by the Jonesville Water System. State	Water	System	ID#1234567.	Date	Distributed:	8/8/09Office	of	Water	(4606M) EPA	816-F-09-010 www.epa.gov/safewater August	2009