HAR §11-20-18. (4) For community water systems, the Consumer Confidence Report (CCR) required under section 11-20-48

5 may be used as a vehicle for the initial Tier 3 public notice and all required repeat notices, as long as: (A) The CCR is provided to persons served no later than 12 months after the system learns of the violation or situation as required under paragraph (2); (B) The Tier 3 notice contained in the CCR follows the content requirements under subsection (e); and (C) The CCR is distributed following the delivery requirements under paragraph (3). (e) Content of public notice. (1) Each public notice of a violation of a NPDWR or other situation requiring public notice, must include the following elements: (A) A description of the violation or situation, including the contaminants(s) of concern, and as applicable, the contaminant levels(s); (B) When the violation or situation occurred: (C) Any potential adverse health effects from the violation or situation, including the standard language under paragraphs (4)(A) or (4)(B) whichever is applicable; (D) The population at risk, including subpopulations particularly vulnerable if exposed to the contaminant in their drinking water; (E) Whether alternative water supplies should be used; (F) What actions consumers should take, including when they should seek medical help, if known; (G) What the system is doing to correct the violation or situation; 20-113 3376 §11-20-18 (H) When the water system expects to return to compliance or resolve the situation; (I) 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 (J) A statement to encourage the notice recipient to distribute the public notice to other persons served, using the standard language under paragraph (4) (C), where applicable. (2) Public notices for variances and exemptions. (A) Each public notice of a new variance or exemption must contain: (i) An explanation of the reasons for the variance or exemption; (ii) The date on which the variance or exemption was issued; (iii) 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 (iv) A notice of any opportunity for public input in the review of the variance or exemption. (B) If a public water system violates the conditions of a variance or exemption, the public notice must contain the ten elements listed in paragraph (1). (3) Public notice presentation. (A) Each public notice required by this section: (i) Must be displayed in a conspicuous way when printed or posted; (ii) Must not contain overly technical language or very small print; 20-114 3376 §11-20-18 (iii) Must not be formatted in a way that defeats the purpose of the notice; (iv) Must not contain language which nullifies the purpose of the notice. (B) Each public notice required by this section must comply with multilingual requirements as follows: (i) For public water systems serving a large proportion of non-English speaking consumers, as determined by the State, 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; (ii) In cases where the State 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 clause (i), where appropriate to reach a large proportion of non-English speaking persons served by the water system. (4) Public water systems are required to include the following standard language in their public notice: (A) 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 20-115 3376 §11-20-18 health effects language specified in Appendix A entitled "Standard Health Effects Language For Public Notification", dated February 13, 2013, located at the end of this chapter and made a part of this section, corresponding to each MCL, MRDL, and treatment technique violation listed in Appendix G, and for each violation of a condition of a variance or exemption; (B) 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 G: "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." (C) 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 20-116 3376 1 §11-20-18 public place or distributing copies by hand or mail." (f) Notice of new billing units or new customers. (1) 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. (2) 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. (g) Special notice of the availability of unregulated contaminant monitoring results. (1) The owner or operator of a community water system or non-transient, non-community water system required to monitor under 40 C.F.R. section 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. (2) The form and manner of the public notice must follow the requirements for a Tier 3 public notice prescribed in subsections (d)(3), (d)(4)(A), and (d)(4)(C). The notice must also identify a person and provide the telephone number to contact for information on the monitoring results. (h) Special notice for exceedance of the SMCL for fluoride. (1) Community water systems that exceed the fluoride secondary maximum contaminant level (SMCL) of 2 mg/l as specified in 40 C.F.R. section 143.3 (determined by the last single 20-117 3376 §11-20-18 sample taken in accordance with section 11-20-11), but do not exceed the maximum contaminant level (MCL) of 4 mg/l for fluoride (as specified in section 11-20-3), must provide the public notice in paragraph (3) 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 director. 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 state may require an initial notice sooner than 12 months and repeat notices more frequently than annually. (2) The form and manner of the public notice (including repeat notices) must follow the requirements for a Tier 3 public notice in subsections (d)(3), (d)(4)(A), and (d)(4)(C). (3) 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 20-118 0276 1140 §11-20-18 [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 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." (i) Special notice for nitrate exceedance above MCL by non-community water systems (NCWS), where 20-119 3376