Section 611.903  Tier 2 Public Notice:  Form, Manner, and Frequency of Notice

a)         Violations or Situations That Require a Tier 2 Public Notice.  This subsection (a) lists the violation categories and other situations requiring a Tier 2 public notice.  Appendix G identifies the tier assignment for each specific violation or situation.

1)         All violations of the MCL, MRDL, and treatment technique requirements, except where a Tier 1 notice is required under Section  611.902(a) or where the Agency determines by a SEP that a Tier 1 notice is required.

2)         Violations of the monitoring and testing procedure requirements, where the Agency determines by a SEP that a Tier 2 rather than a Tier 3 public notice is required, taking into account potential health impacts and persistence of the violation.

3)         Failure to comply with the terms and conditions of any relief equivalent to a SDWA section  1415 variance or a SDWA section 1416 exemption in place.

4)         Failure to take corrective action or failure to maintain at least 4-log treatment of viruses (using inactivation, removal, or an Agency-approved combination of 4-log virus inactivation and removal) before or at the first customer under Section 611.803(a).

b)         When Tier 2 Public Notice Is to Be Provided

1)         A PWS supplier must provide the public notice as soon as practical, but no later than 30 days after the supplier 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 Agency may, in appropriate circumstances, by a SEP, allow additional time for the initial notice of up to three months from the date the supplier learns of the violation. It is not appropriate for the 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 Agency must be in writing.

2)         The PWS supplier must repeat the notice every three months as long as the violation or situation persists, unless the 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 Agency to allow less frequent repeat notice for an MCL or treatment technique violation under the Total Coliform Rule or Subpart AA 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 Agency to allow across-the-board reductions in the repeat notice frequency for other ongoing violations requiring a Tier 2 repeat notice.  An Agency determination allowing repeat notices to be given less frequently than once every three months must be in writing.

3)         For the turbidity violations specified in this subsection (b)(3), a PWS supplier must consult with the Agency as soon as practical but no later than 24 hours after the supplier learns of the violation, to determine whether a Tier 1 public notice under Section 611.902(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 supplier learns of the violation), following the requirements under Section  611.902(b) and (c). Consultation with the Agency is required for the following:

A)        Violation of the turbidity MCL under Section 611.320(b); or

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

c)         The Form and Manner of Tier 2 Public Notice.  A PWS supplier 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:

1)         Unless directed otherwise by the Agency in writing, by a SEP, a CWS supplier must provide notice by the following:

A)        Mail or other direct delivery to each customer receiving a bill and to other service connections to which water is delivered by the PWS supplier; and

B)        Any other method reasonably calculated to reach other persons regularly served by the supplier, if they would not normally be reached by the notice required in subsection (c)(1)(A).  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 supplier or on the Internet; or delivery to community organizations.

2)         Unless directed otherwise by the Agency in writing, by a SEP, a non-CWS supplier must provide notice by the following means:

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

B)        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 subsection (c)(2)(A).  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 the following:  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).

BOARD NOTE:  Derived from 40 CFR 141.203.

(Source:  Amended at 44 Ill. Reg. 6996, effective April 17, 2020)