R309-220-4. General Public Notification Requirements

(1) Violation Categories and Other Situations Requiring a Public Notice: Each owner or operator of a public water system, community water systems, non-transient non-community water systems, and transient non-community water systems, must give notice for all violations of Title R309 and for other situations, as listed in this subsection. The term "UPDWR violations" is used in this subpart to include violations of the maximum contaminant level (MCL), maximum residual disinfection level (MRDL), treatment technique (TT), monitoring requirements, and testing procedures contained in Rules R309-100 through R309-215. (a) UPDWR Violations: (i) Failure to comply with an applicable maximum contaminant level (MCL) or maximum residual disinfectant level (MRDL). (ii) Failure to comply with a prescribed treatment technique (TT). (iii) Failure to perform water quality monitoring, as required by the drinking water regulations. (iv) Failure to comply with testing procedures as prescribed by a drinking water regulation. (b) Variance and Exemptions under Sections R309-100-10 and R309-105-5. (i) Operation under a variance or an exemption. (ii) Failure to comply with the requirements of any schedule that has been set under a variance or exemption. (c) Special Public Notices (i) Occurrence of a waterborne disease outbreak or other waterborne emergency. (ii) Exceedance of the nitrate MCL by non-community water systems (NCWS), where granted permission by the director under Subsection R309-200-5(1)(c), Table 200-1, note (4)(b). (iii) Exceedance of the secondary maximum contaminant level (SMCL) for fluoride. (iv) Availability of unregulated contaminant monitoring data. (v) Other violations and situations determined by the director to require a public notice under this subpart. (vi) Exceedance of the lead action level per 40 CFR 141.80 (c) (October 30, 2024). (2) Definition of Public Notice Tiers: Public notice requirements are divided into three tiers, to take into account the seriousness of the violation or situation and of any potential adverse health effects that may be involved. The public notice requirements for each violation or situation listed in Subsection (1) are determined by the tier to which it is assigned. Each tier is defined in this subsection: (a) Tier 1 public notice -- required for UPDWR violations and situations with significant potential to have serious adverse effects on human health as a result of short-term exposure. (b) Tier 2 public notice -- required for all other UPDWR violations and situations with potential to have serious adverse effects on human health. (c) Tier 3 public notice -- required for all other UPDWR violations and situations not included in Tier 1 and Tier 2. (3) Required Distribution of Notice (a) Each public water system must provide public notice to persons served by the water system, in accordance with this rule. Public water systems that sell or otherwise provide drinking water to other public water systems such as a consecutive systems, are required to give public notice to the owner or operator of the consecutive system; the consecutive system is responsible for providing public notice to the persons it serves. (b) If a public water system has a violation in a portion of the distribution system that is physically or hydraulically isolated from other parts of the distribution system, the director may allow the system to limit distribution of the public notice to only persons served by that portion of the system which is out of compliance. Permission by the director for limiting distribution of the notice must be granted in writing. (c) A copy of the notice must also be sent to the director, in accordance with the requirements under Section R309-105-16 and Subsection R309-220-5(2)(d). (4) Utah Division of Drinking Water incorporates by reference 40 CFR 141, Subpart Q, Appendix A, B, and C as published on October 30, 2024.