Public Notification Rule - Tier Levels

Tier 1: Immediate Notice (within 24 hours)

Notice within 24 hours via radio, TV, hand delivery, posting, or other method specified by the State of NC, along with other methods, if needed, to reach persons served.  PWSs must also initiate consultation with the State of NC within 24 hours.  The State's Public Notification Rule Manager may establish additional requirements during consultation.

Tier 1 Violations:

• E. coli violations; failure to test for E. coli after initial total coliform sample tests positive.
• Nitrate, nitrite, or total nitrate and nitrite MCL violation; failure to take a confirmation sample within 24 hours after learning an initial sample exceeded the MCL.
• Chlorine Dioxide MRDL violation in distribution system; failure to take samples in distribution system when required.
• Exceedance of maximum allowable turbidity level, if elevated to Tier 1 by the State.
• Special notice for non-community water systems (NCWS) with nitrate exceedances between 10 mg/L and 20 mg/L, where system is allowed to exceed 10 mg/L by the State.
• Waterborne disease outbreak or other waterborne emergency.
• Other violations or situations determined by the State.

Tier 2: Notice as Soon as Possible (within 30 days)

Tier 2 notice requirements are outlined in all violation letters and an example notice and a public notification certification form are also included with the letters.

Tier 2 Violations:

• All MCL, MRDL, and treatment technique violations, except where Tier 1 notice is required.
• Monitoring violations, if elevated to Tier 2 by the State.
• Failure to comply with variance and exemption conditions.
• Turbidity Consultation - Where PWSs have a treatment technique violation resulting from a single exceedance of the maximum allowable turbidity limit or an MCL violation resulting from an exceedance of the two-day turbidity limit, they must consult the State within 24 hours.  The State will then determine whether a Tier 1 notice is necessary.  If consultation does not occur within 24 hours, violations are automatically elevated to Tier 1.

Tier 3: Annual Notice (within one year of violation date)

Tier 3 notice requirements are outlined in all violation letters and an example notice and a public notification certification form are also included with the letters.

Tier 3 Violations:

• Monitoring or testing violations, unless the State elevates to Tier 1 or 2.
• Operation under a variance or an exemption
• Special public notices (fluoride secondary maximum contaminant level (SMCL) exceedance, availability of unregulated contaminant monitoring results).

Effective May 6, 2002, Public Water Systems must comply with the revised Public Notification Regulations (40 CFR 141, Subchapter Q). This revision requires that notices must be sent within 24 hours, 30 days or one year depending upon the tier in which the violation is assigned. The "time-clock" for notification starts when the public water system learns of the violation or the violation awareness date.

Violation Awareness Dates

¹MCL: maximum contaminant level
²MRDL: maximum residual disinfectant level
³SMCL: secondary maximum contaminant level

Notice requirements are outlined in all violation letters.  An example notice and a public notification certification form are also included with the letters.

Where the PWS serves 30 percent or more non-English speaking customers, the system must provide information in the appropriate language(s) on the importance of the notice or on how to get assistance or a translated copy.

PWSs that sell or otherwise provide drinking water to other public water systems are required to give public notice to the owner or operator of the purchasing system.  The purchasing system is responsible for providing public notification to the persons it serves.  Notices must be provided to all persons served (not just billing customers.)

Systems have 10 days after completing the initial public notification to send the Public Notification Certification Form and a copy of the completed notice to the: Public Notification Rule Manager, Compliance Services Branch, 1634 Mail Service Center, Raleigh, NC 27699-1634.

Contact the Public Notification Rule Manager for more information

Public Notification Certification Form [MS Word ] [PDF]

Model Notices

The following templates contain the ten elements (see the check list on the Public Notification Certification Form) required by the Revised Public Notification Rule.  If you alter the format of the template in any way, you are still required to include all ten elements which includes the mandatory language shown in bold italics on each notice template.  A separate certification form must be submitted if the system does not use the preformatted notice/certification forms provided.

Abbreviations used:

• MCL:  maximum contaminant level violation
• MRDL:  maximum residual disinfectant level
• CWS:  community water system
• M/R:  monitoring/reporting violation
• OCCT:  optimal corrosion control treatment
• NC:  non-community water system

Tier 1 and Tier 2 MCL and Treatment Technique Notices (by Contaminant)

Tier 3 Monitoring and Reporting Violation Form

Systems with multiple monitoring violations may create one "composite" notice using this template:
Word
PDF