15A NCAC 18C .1523. PUBLIC NOTIFICATION REQUIREMENTS

(a)  The provisions of 40 C.F.R. 141.32 are hereby incorporated by reference including any subsequent amendments and editions, except that multi‑lingual notice shall be given if 30 percent or more of the consumers served by the system are non‑English speaking.  Copies are available for public inspection as set forth in Rule .0102 of this Subchapter.

(b)  The provisions of 40 C.F.R. 141, Subpart Q – Public Notification of Drinking Water Violations are hereby incorporated by reference including any subsequent amendments and editions.  Copies are available for public inspection as set forth in Rule .0102 of this Subchapter.

(c)  Special notification for distribution system samples.  The requirements of this Paragraph shall be additional to the public notice requirements in Paragraphs (a) and (b) of this Rule and to the reporting requirements contained in Rule .1525 of this Subchapter.  When a distribution sample is taken on property not owned or controlled by the supplier of water, the supplier of water shall notify the person authorizing the sample if any individual water sample exceeds an action level, maximum contaminant level, or maximum residual disinfectant level established in this Subchapter, or if any individual sample is positive for coliform bacteria.  The supplier of water shall give notice to the person authorizing the sample in a format provided by the Department, as follows:

(1)           For a contaminant listed as Tier 1 in Appendix A to 40 C.F.R. 141, Subpart Q, notice shall be provided by telephone within 24 hours of receipt of analytical results and shall be followed by written notice by mail or direct delivery within 48 hours of receipt.  The written notice shall include the analytical results and appropriate health effects language.

(2)           For a contaminant listed as Tier 2 or Tier 3 in Appendix A to 40 C.F.R. 141, Subpart Q, notice shall be provided within 48 hours of receipt of analytical results.  Written notice shall be provided by mail or direct delivery to the person authorizing the sample and shall include the analytical results and appropriate health effects language.

(3)           The supplier of water shall submit a copy of the written notice and certification of delivery to the Department within 10 days of completing notification. 

The person authorizing the sample may waive the notification required by this Paragraph.  The waiver shall be documented in writing and signed by the authorizing person.  The waiver is valid for five years and is renewable.

 

History Note:        Authority G.S. 130A‑315; P.L. 93‑523; 40 C.F.R. 141;

Eff. January 1, 1990;

Transferred and Recodified from 10 NCAC 10D .1642 Eff. April 4, 1990;

Amended Eff. April 1, 2014; October 1, 2006; August 1, 2002; April 1, 1992; December 1, 1991; January 1, 1991; October 1, 1990.