R 325.10403 Tier 2 public notice; form, manner, and frequency of notice.

Rule 403. (1) A tier 2 public notice is required for all of the following violations and situations in a community or noncommunity water supply that is subject to R 325.10401a: (a) All violations of the MCL, MRDL, and treatment technique requirements, except where a tier 1 notice is required under R 325.10402(1) or where the department determines that a tier 1 notice is required. (b) Violations of the monitoring and testing procedure requirements, where the department determines that a tier 2 rather than a tier 3 public notice is required, taking into account potential health impacts and persistence of the violation. (c) Failure to comply with the terms and conditions of a variance or exemption in place. The tier assignment for each specific violation or situation is listed in table 1 of R 325.10401a. (d) Failure to take corrective action or failure to maintain at least 4-log treatment of viruses, using inactivation, removal, or a department-approved combination of 4-log virus inactivation and removal, before or at the first customer under R 325.10612a(1). (2) A tier 2 public notice shall be provided under all the following provisions: (a) Supplies shall provide the public notice as soon as practical, but not later than 30 days after the supply learns of the violation or situation. If the public notice is posted, the notice shall remain in place for as long as the violation or situation exists, but not for less than 7 days, even if the violation or situation is resolved. The department may, on a case-by-case basis, allow additional time for the initial notice of up to 3 months from the date the supply learns of the violation or situation. Circumstances that may warrant an extension include coordination with billing cycles for mailing purposes and violations that were quickly resolved and no longer pose any risk to persons served. The department shall not grant an extension to the 30-day deadline for an unresolved violation. Extensions granted by the department shall be in writing. (b) The supply shall repeat the notice every 3 months as long as the violation or situation exists, unless the department determines that appropriate circumstances warrant a different repeat notice frequency. The repeat notice shall not be given less frequently than once per year. The department shall not allow less frequent repeat notice for an MCL or treatment technique violation of total coliform provisions under R 325.10602, R 325.10704, R 325.10704a to R 325.10704k, and R 325.10705 to R 325.10709 or a treatment technique violation of filtration or disinfection under R 325.10611, R 325.10611a, or R 325.10611b. The department may, on a case-by-case basis, reduce the repeat notice frequency for other ongoing violations requiring a tier 2 repeat notice. Circumstances that may warrant a reduction in frequency include coordination with billing cycles for mailing purposes and consolidating notices for violations and situations occurring within a given year into an annual notice to provide for more effective communication with the consumer. Department determinations allowing repeat notices to be given less frequently than once every 3 months shall be in writing. (c) For the turbidity violations specified in this subdivision, supplies shall consult with the department as soon as practical but not later than 24 hours after the supply learns of the violation, to determine whether a tier 1 public notice under R 325.10402(1) is required to protect public health. When consultation does not take place within the 24-hour period, the supply shall distribute a tier 1 notice of the violation within the next 24 hours, which shall be not more than 48 hours after the supply learns of the violation, and shall follow the requirements under R 325.10402(2) and (3). Consultation with the department is required for violations of the treatment technique requirement under R 325.10611 resulting from a single exceedance of the maximum allowable turbidity limit under R 325.10611b. (3) Supplies shall provide the initial tier 2 public notice and applicable 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 supply, but it shall, at a minimum, meet all of the following requirements: (a) Unless directed otherwise by the department, in writing, community water supplies shall provide notice by using both of the following forms of delivery: (i) Mail or other direct delivery to each customer receiving a bill and to other service connections to which water is delivered by the supply. (ii) Other methods reasonably calculated to reach other persons regularly served by the supply, if they would not normally be reached by the notice required in paragraph (i) of this subdivision. Other persons served may include those who do not pay water bills or do not have service connection addresses, such as house renters, apartment dwellers, university students, nursing home patients, and prison inmates. Other methods may include any of the following: (A) Publication in a local newspaper. (B) Delivery of multiple copies for distribution by customers that provide their drinking water to others, such as apartment building owners or large private employers. (C) Posting in public places served by the system or on the internet. (D) Delivery to community organizations. (b) Unless directed otherwise by the department, in writing, noncommunity water supplies shall use both of the following forms of delivery: (i) Posting the notice in conspicuous locations throughout the distribution system frequented by persons served by the system, or mailing or directly delivering to each customer and service connection, where known. (ii) Other methods reasonably calculated to reach other persons served by the system if they would not normally be reached by the notice required in paragraph (i) of this subdivision. Other persons served may include those who may not see a posted notice because the notice is not in a location they routinely pass by. Other methods may include any of the following: (A) Publication in a local newspaper or newsletter distributed to customers. (B) Use of e-mail to notify employees or students. (C) Delivery of multiple copies in central locations, such as community centers.