Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-560 - REQUIREMENTS FOR PUBLIC WATER SYSTEMS THAT ARE OUT OF COMPLIANCE › Section 62-560.410 - Public Notification - Primary Standards

Current through Reg. 50, No. 138; July 16, 2024
(1) Maximum
				Contaminant Level, Maximum Residual Disinfectant Level, Treatment Technique
				Requirement, Variance or Exemption Schedule Violations, and Exceedances. The
				owner or operator of a public water system that fails to comply with an
				applicable maximum contaminant level, maximum residual disinfectant level, or
				treatment technique requirement established by Chapter 62-550, F.A.C., or that
				fails to comply with the requirements of any schedule prescribed pursuant to a
				variance or exemption shall notify persons served by the system. Public water
				systems that sell or otherwise provide drinking water to other public water
				systems are required to give notice to the owner or operator of the consecutive
				system; the consecutive system is responsible for providing public notice to
				the persons it serves. Systems shall notify persons served as follows:
(a) Except as provided in paragraph (1)(c) or
				(1)(d), of this rule, the owner or operator of a public water system shall give
				notice:
1. For violations, exceedances,
				situations, or failures, that may pose an acute risk to human health, by
				furnishing a copy of the Tier 1 notice to the radio and television stations
				that broadcast in the area served by the public water system as soon as
				possible but in no case later than 24 hours after the system learns of the
				violation, exceedance, situation, or failure, unless otherwise directed by the
				Department to provide such public notice sooner because of the nature of the
				risk. The system shall also initiate consultation with the Department as soon
				as possible, but in no case later than 24 hours after the system learns of the
				violation, exceedance, situation, or failure, as described in subparagraphs a.
				through g., below, to determine additional public notice requirements that may
				be necessary to protect public health. The following violations, exceedances,
				situations, or failures are acute risks to public health:
a. Exceedance or violation of the maximum
				contaminant level for nitrate, nitrite, or total nitrate and nitrite, as
				specified in Rule  62-550.310, and determined
				according to subsection
				 62-550.512(3),
				F.A.C.
b. Violation of the maximum
				contaminant level for fecal coliform or
E. coli
in the water
				distribution system, as specified in paragraph
				 62-550.310(5)(b),
				or failure to test for fecal coliforms or
E. coli
when any
				repeat sample tests positive for coliforms as specified in subsection
				 62-550.518(10),
				F.A.C.
c. Occurrence of a
				waterborne microbial disease outbreak, as defined in Rule
				 62-550.200, F.A.C., or other
				waterborne emergency, a failure or significant interruption in 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 has the potential for adverse effects on human health as
				a result of short-term exposure.
d.
				Other violation or situation that has the potential for adverse effects on
				human health as a result of short-term exposure, as determined by the
				Department based on a review of the facts and available toxicological and
				analytical data.
e. Violation of
				the maximum residual disinfectant level for chlorine dioxide in the water
				distribution system, as specified in subsection
				 62-550.310(2),
				and Rule  62-550.821, F.A.C.
f. Violation of the Surface Water Treatment
				Rule (SWTR) or Interim Enhanced Surface Water Treatment Rule (IESWTR) treatment
				technique requirements resulting from a single exceedance of the maximum
				allowable turbidity limit, as specified in Rule
				 62-550.817, F.A.C., when the
				Department determines after consultation with the public water system that a
				Tier 1 notice is required, or when consultation is not initiated by the public
				water system within 24 hours after the system learns of the violation. If,
				after consultation, the Department determines that this violation is non-acute,
				then public notice shall be provided in accordance with subparagraphs (1)(a)2.
				and 3., of this rule. If, after consultation, the Department determines that
				this violation is acute, then public notice shall be provided within 24 hours
				after the consultation, in accordance with subparagraph (1)(a)1., of this
				rule.
g. Violation of the turbidity
				MCL, as specified in subsection
				 62-550.817(2),
				F.A.C., when the Department determines after consultation with the public water
				system that a Tier 1 notice is required, or when consultation is not initiated
				by the public water system within 24 hours after the system learns of the
				violation. If, after consultation, the Department determines that this
				violation is non-acute, then public notice shall be provided in accordance with
				subparagraphs (1)(a)2. and 3., of this rule. If, after consultation, the
				Department determines that this violation is acute, then public notice shall be
				provided within 24 hours after the consultation, in accordance with
				subparagraph (1)(a)1., of this rule.