Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 109 - SAFE DRINKING WATER › Subchapter D - PUBLIC NOTIFICATION › Section 109.408 - Tier 1 public notice-categories, timing and delivery of notice

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
						violation categories and other situations requiring a Tier 1 public
						notice.
A public water supplier shall provide Tier 1 public notice for
						the following circumstances:
(1) Violation of
						the MCL for
E. coli
, as specified in §
													109.202(a)(2)
						(relating to State MCLs, MRDLs and treatment technique requirements), or when
						the water supplier fails to test for
E. coli
when any check
						sample tests positive for coliforms, as specified in §
													109.301(3)
						(relating to general monitoring requirements).
(2) Violation of the MCL for nitrate, nitrite
						or total nitrate and nitrite, as defined in §
													109.202(a)(2), or
						when the water supplier 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 § 109.301(7)(ii)(C)(IV) and (V).
(3) Exceedance of the nitrate MCL by
						noncommunity water systems, when permitted by the Department in writing to
						exceed the MCL in accordance with
						40 CFR
						141.11(d) (relating to
						maximum contaminant levels for inorganic chemicals).
(4) Violation of the MRDL for chlorine
						dioxide, as defined in §
													109.202(f)(2),
						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 supplier does not take the required samples in the
						distribution system, as specified in § 109.301.
(5) Violation of the turbidity MCL of 5 NTU
						based on an average for 2 consecutive days by a public water system using an
						unfiltered surface water source, as specified in §
						109.202(a)(2).
(6) Violation of a
						treatment technique requirement for pathogenic bacteria, viruses and protozoan
						cysts as defined in §
													109.202(c),
						resulting from:
(i) A single exceedance of
						the maximum allowable turbidity limit.
(ii) A failure to meet the minimum log
						inactivation for more than 4 hours.
(iii) A failure to maintain the minimum entry
						point residual disinfectant concentration for more than 4 hours and either of
						the following:
(A) A failure to calculate the
						log inactivation in accordance with § 109.301(1)(v) and (vi).
(B) A failure to meet the minimum log
						inactivation for more than 4 hours.
(7) Violation of a treatment technique
						requirement for
Cryptosporidium
as defined in §
													109.1203 (relating to bin
						classification and treatment technique requirements), resulting from a failure
						to provide the level of treatment appropriate for the systems bin
						classification.
(8) Detection of
E. coli
in source water samples as specified in §§
													109.1303 and
						109.1304 (relating to triggered
						monitoring requirements for groundwater sources; and assessment source water
						monitoring).
(9) A breakdown in
						treatment for groundwater sources as specified in §
													109.1307(a)(1)(ii)
						 (relating to system management
						responsibilities).
(10) Occurrence
						of a waterborne disease outbreak, as defined in §
													109.1 (relating to definitions),
						or other emergency situation as defined in §
													109.701(a)(3)(iii)
						(relating to reporting and recordkeeping) that adversely affects the quality or
						quantity of the finished water and has a significant potential to have serious
						adverse effects on human health as a result of short-term exposure.
(11) 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 Department on a
						case-by-case basis.