R 325.10402 Tier 1 public notice; form, manner, and frequency of notice.

Rule 402. (1) A tier 1 public notice is required for all of the following violation categories and other situations in a community or noncommunity water supply that is subject to R 325.10401a: (a) Violation of the MCL for total coliforms when fecal coliform or E. coli are present in the water distribution system as specified in R 325.10602, or when the water supply fails to test for fecal coliforms or E. coli when a repeat sample tests positive for coliform as specified in R 325.10707. Violation of the MCL for E. coli, as specified in R 325.10602. (b) Violation of the MCL for nitrate, nitrite, or total nitrate and nitrite, as defined in R 325.10604c, or when the water supply fails to take a confirmation sample within 24 hours of the water supply's receipt of the first sample result showing an exceedance of the nitrate or nitrite MCL, as specified in R 325.10710(9)(b). (c) Exceedance of the nitrate MCL by noncommunity water supplies, where permitted to exceed the MCL by the department, as required under R 325.10408b. (d) Violation of the MRDL for chlorine dioxide, as defined in R 325.10610a(1), when 1 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 supply does not take the required samples in the distribution system, as specified in R 325.10610b(3)(b). (e) Violation of the treatment technique requirement resulting from a single exceedance of the maximum allowable turbidity limit under R 325.10611b(1) as identified in table 1 of R 325.10401a, where the department determines after consultation that a tier 1 notice is required or where consultation does not take place within 24 hours after the supply learns of the violation. (f) Occurrence of a waterborne disease outbreak or other waterborne emergency, such as a failure or significant interruption in key 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 significantly increases the potential for drinking water contamination. (g) Detection of E. coli, enterococci, or coliphage in source water samples as specified in R 325.10739(1) and (2). (h) 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 either in these rules or on a case-by-case basis. The tier assignment for each specific violation or situation is listed in table 1 of R 325.10401a. (2) A tier 1 public notice shall be provided under all the following provisions: (a) Water supplies shall provide the public notice as soon as practical but not later than 24 hours after the supply learns of the violation or situation. (b) The water supply shall initiate consultation with the department as soon as practical, but not later than 24 hours after the supply learns of the violation or situation, to determine additional public notice requirements. (c) The water supply shall comply with additional public notification requirements, including repeat notices or direction on the duration of the posted notices, established as a result of consultation with the department. These additional requirements may include the timing, form, manner, frequency, and content of applicable repeat notices, and other actions designed to reach all persons served. (3) Water supplies shall provide the notice within 24 hours in a form and manner reasonably calculated to reach all persons served. The form and manner used by the supply are to fit the specific situation, but shall be designed to reach residential, transient, and nontransient users of the supply. To reach all persons served, supplies shall use, at a minimum, 1 or more of the following forms of delivery: (a) Appropriate broadcast media, such as radio and television. (b) Posting of the notice in conspicuous locations throughout the area served by the supply. (c) Hand delivery of the notice to persons served by the system. (d) Another delivery method approved, in writing, by the department.