310 CMR, § 22.16

Current through Register 1531, September 27, 2024

Section 22.16 - Public Notification Requirements

(1)

(a)Public Water Systems Required to Notify. Each Supplier of Water for a Public Water System (Community Water Systems, Non-transient Non-community Water Systems, and Transient Non-community Water Systems) shall give notice for all violations of National Primary Drinking Water Regulations (NPDWR), 310 CMR 22.00 and for other situations, as listed in 310 CMR 22.16: Table 1 or specified by the Department in writing. The term "violations" is used in 310 CMR 22.16 to include violations of the Maximum Contaminant Level (MCL), maximum residual Disinfection level (MRDL), Treatment Technique (TT), monitoring requirements, and testing procedures defined in 310 CMR 22.00 or specified by the Department in writing. 310 CMR 22.16: Table 2 identifies the tier assignment for each specific violation or situation requiring a public notice.

310 CMR 22.16: Table 1

Violation Categories and other Situations Requiring a Public Notice

1.Violations.

a. Failure to comply with an applicable Maximum Contaminant Level (MCL) or Maximum Residual Disinfectant Level (MRDL).

b. Failure to comply with a prescribed Treatment Technique (TT).

c. Failure to perform water quality monitoring, as required by 310 CMR 22.00.

d. Failure to comply with testing procedures as prescribed by 310 CMR 22.00.

2.Variance and Exemptions under 310 CMR 22.13, 22.13A and 22.14.

a. Operation under a variance or an exemption.

b. Failure to comply with the requirements of any schedule that has been set under a variance or an exemption.

3.Special Public Notices.

a. Occurrence of a Waterborne Disease Outbreak or other waterborne Emergencies or water supply Emergencies, including those described in 310 CMR 22.04(13).

b. Exceedance of the nitrate MCL by Non-community Water Systems (NCWS), where granted permission by the Department under 310 CMR 22.13 and 22.13A.

c. Exceedance of the Secondary Maximum Contaminant Level (SMCL) for fluoride.

d. Availability of unregulated contaminant monitoring data.

e. Other violations and situations determined by the Department to require a public notice under 310 CMR 22.16(1)(a)3., not already listed in 310 CMR 22.16: Table 1.

(b)Tier Classification. 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 310 CMR 22.16: Table 1 are determined by the tier to which the violation is assigned. 310 CMR 22.16: Table 2 provides the definition of each tier. 310 CMR 22.16: Table 6 identifies the tier assignment for each specific violation or situation.

310 CMR 22.16: Table 2

Definition of Public Notice Tiers

1.Tier 1 Public Notice required for violations and situations with significant potential to have serious adverse effects on human health as a result of short-term exposure.

2.Tier 2 Public Notice required for all other violations and situations with potential to have serious adverse effects on human health.

3.Tier 3 Public Notice required for all other violations and situations not included in Tier 1 and Tier 2.

(c)Persons to be Notified.

1. Each Supplier of Water shall provide public notice to Persons served by the water system, in accordance with 310 CMR 22.16. Public Water Systems that sell or otherwise provide drinking water to other Public Water Systems (i.e., to consecutive systems) are required to give public notice to the owner/operator of the consecutive system; the consecutive system is responsible for providing public notice to the Persons it serves.

2. 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 Department 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 Department for limiting distribution of the notice shall be granted in writing.

3. A copy of the notice shall also be sent to the Department and the local Board of Health, in accordance with the requirements of 310 CMR 22.15(3)(b) and (c).

(2)Tier 1 Public Notice.

(a)Violations or Situations Requiring Tier 1 Public Notice. 310 CMR 22.16: Table 3 lists the violation categories and other situations requiring a Tier 1 Public Notice. 310 CMR 22.16: Table 6 identifies the tier assignment for each specific violation or situation.

310 CMR 22.16: Table 3

Violation Categories and Other Situations Requiring a Tier 1 Public Notice

1. Violation of the MCL when E. coli are present in the water Distribution System (as specified in 310 CMR 22.05(8)(a)), or when the water system fails to test for E. coli when any repeat sample tests positive for coliform (as specified in 310 CMR 22.05);

2. Violation of the MCL for nitrate, nitrite, total nitrate and nitrite or perchlorate, as defined in 310 CMR 22.06, or when the water system fails to take a confirmation sample within 24 hours of the system's receipt of the first sample showing an exceedance of the nitrate, nitrite or perchlorate MCL, as specified in 310 CMR 22.06(10);

3. Exceedance of the nitrate MCL by Non-community Water Systems, where permitted to exceed the MCL by the Department under 310 CMR 22.13 or 22.13A;

4. Violation of the MRDL for chlorine dioxide, as defined in 310 CMR 22.07E, when one 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 system does not take the required samples in the Distribution System, as specified in 310 CMR 22.07E;

5. Violation of the Turbidity MCL under 310 CMR 22.08 and 22.20A, 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 system learns of the violation;

6. Violation of 310 CMR 22.20A, the Surface Water Treatment Rule (SWTR), or 310 CMR 22.20D, the Interim Enhanced Surface Water Treatment rule (IESWTR), or 310 CMR 22.20F, the Long Term 1 Enhanced Surface Water Treatment Rule (LT1ESWTR), Treatment Technique requirement resulting from a single exceedance of the maximum allowable Turbidity limit (as identified in 310 CMR 22.16: Table 6), 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 system learns of the violation;

7. Occurrence of a Waterborne Disease Outbreak, as defined in 310 CMR 22.02(1), or other waterborne Emergency such as:

a. a failure or significant interruption in key water treatment processes;

b. a natural disaster that disrupts the water supply or Distribution System;

c. a chemical spill; or

d. an unexpected loading of possible pathogens into the source water that significantly increases the potential for drinking water contamination;

8. 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 its regulations or on a case-by-case basis;

9. Emergencies identified in 310 CMR 22.04(13);

10. Detection of E. coli, enterococci, or coliphage in source water samples as specified in 310 CMR 22.26(3)(a) and (b).

(b)Timeframe and Additional Requirements for Tier 1 Notification. Each Supplier of Water required to give Tier 1 notification shall:

1. Provide a public notice as soon as practical but no later than 24 hours after the supplier learns of the violation, unless it is an Emergency situation identified in 310 CMR 22.04(13). Emergency situations identified in 310 CMR 22.04(13) must comply with 310 CMR 22.16(2)(b)4.;

2. Initiate consultation with the Department as soon as practical, but no later than 24 hours after the supplier learns of the violation or situation, to determine additional public notice requirements; unless it is an Emergency situation identified in 310 CMR 22.04(13). For Emergency situations identified in 310 CMR 22.04(13), each Supplier of Water must notify the Department within two hours after the supplier learns of the Emergency in accordance with 310 CMR 22.15(9)(a) and initiate consultation within the same time frame;

3. Comply with any additional public notification requirements (including any repeat notices or direction on the duration of the posted notices) that are established as a result of the consultation with the Department. Such requirements may include the timing, form, manner, frequency, and content of repeat notices (if any) and other actions designed to reach all Persons served; and

4. For Emergency situations identified in 310 CMR 22.04(13), each supplier must provide a public notice as soon as practical but no later than two hours after the supplier has consulted with the Department and the Department has determined that an Emergency exists and an Emergency public notice must be issued.

(c)Form and Manner of Public Notice. Each Supplier of Water shall provide the notice within 24 hours in a form and manner reasonably calculated to reach all Persons served unless it is an Emergency situation identified in 310 CMR 22.04(13). For Emergencies identified in 310 CMR 22.04(13), each Supplier of Water shall provide the notice within the time frame specified in 310 CMR 22.16(b)(4) in a form and manner reasonably calculated to reach all Persons served. The form and manner used by the supplier are to fit the specific situation, but shall be designed to reach residential, transient, and non-transient users of the water system and meet the minimum information and format requirements specified by the Department.

1. In order to reach all Persons served, each Supplier of Water is required to use, at a minimum, one 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 water system;

c. Hand delivery of the notice to Persons served by the water system; or

d. Any other delivery method approved in writing by the Department.

2. Unless directed otherwise by the Department in writing, as in Emergency situations identified in 310 CMR 22.04(13), Community Water Systems shall publish appropriate public notice within the local newspaper as a one day advertisement no later than 14 days after a Tier 1 violation. A copy of said notice shall be submitted to the Department no later than the time published.

(3)Tier 2 Public Notice.

(a)Violations or Situations Requiring Tier 2 Public Notice. 310 CMR 22.16: Table 4 lists the violation categories and other situations requiring a Tier 2 Public Notice. 310 CMR 22.16: Table 6 identifies the tier assignment for each specific violation or situation.

310 CMR 22.16: Table 4

Violation Categories and Other Situations Requiring a Tier 2 Public Notice

1. All violations of the MCL, MRDL, and Treatment Technique requirements, except where a Tier 1 notice is required under 310 CMR 22.16(2)(a): Table 3 or where the Department determines that a Tier 1 notice is required;

2. 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; and

3. Failure to comply with the terms and conditions of any variance or exemption in place.

4. Failure to take corrective action or failure to maintain at least four log treatment of Viruses (using inactivation, removal, or a Department approved combination of four log Virus inactivation and removal) before or at the first customer under 310 CMR 22.26(4)(a).

5. Changes in corrosion control treatment practices that persist longer than seven days.

(b) Timeframe Required for Tier 2 Notification.

1.

a. Each Supplier of Water shall provide the public notice as soon as practical, but no later than 30 days after the system learns of the violation.

b. If the public notice is posted, the notice shall remain in place for as long as the violation or situation persists, but in no case for less than seven days, even if the violation or situation is resolved.

c. The Department may, in appropriate circumstances, allow additional time for the initial notice of up to three months from the date the system learns of the violation. Extensions granted by the Department shall be in writing.

2.

a. Each Supplier of Water shall repeat the notice every three months as long as the violation or situation persists, unless the Department determines in writing that appropriate circumstances warrant a different repeat notice frequency.

b. In no circumstance may the repeat notice be given less frequently than once per year.

c. In no circumstance may the frequency of a repeat notice for an MCL or Treatment Technique violation under 310 CMR 22.05, the Revised Total Coliform Rule; a Treatment Technique violation under 310 CMR 22.20A, the Surface Water Treatment Rule; 310 CMR 22.20D, the Interim Enhanced Surface Water Treatment Rule; 310 CMR 22.20F, the Long Term 1 Enhanced Surface Water Treatment Rule; or 310 CMR 22.20G, the Long Term 2 Enhanced Surface Water Treatment Rule; be reduced.

3.

a. For the Turbidity violations specified in 310 CMR 22.16: Table 6, the Supplier of Water shall consult with the Department as soon as practical but no later than 24 hours after the Public Water System learns of the violation, to determine whether a Tier 1 Public Notice under 310 CMR 22.16(2)(a): Table 3 is required to protect public health.

b. When consultation does not take place within the 24-hour period, the water system shall distribute a Tier 1 notice of the violation within the next 24 hours (i.e., no later than 48 hours after the system learns of the violation), following the requirements under 310 CMR 22.16(2)(b) and (c).

c. Consultation with the Department is required for:

i. Violation of the Turbidity MCL under 310 CMR 22.08 and 22.20A; or

ii. Violation of 310 CMR 22.20A, 22.20D, or 22.20F Treatment Technique requirement resulting from a single exceedance of the maximum allowable Turbidity limit.

4. For corrosion control treatment changes that last more than seven days, the Public Water Systems must:

a. Provide a public notice as soon as practical but no later than 30 days after the supplier learns of the violation, unless it is an Emergency situation identified in 310 CMR 22.04(13). Emergency situations identified in 310 CMR 22.04(13) must comply with 310 CMR 22.16(2)(b)4.

b. Initiate consultation with the Department as soon as practical, but no later than 24 hours after the supplier learns of the violation or situation, to determine additional public notice requirements, unless it is an Emergency situation identified in 310 CMR 22.04(13). For Emergency situations identified in 310 CMR 22.04(13), each Supplier of Water must notify the Department within two hours after the supplier learns of the Emergency in accordance with 310 CMR 22.15(9)(a) and initiate consultation within the same timeframe.

c. Comply with any additional public notification requirements (including any repeat notices or direction on the duration of the posted notices) that are established as a result of the consultation with the Department. Such requirements may include the timing, form, manner, frequency, and content of repeat notices (if any) and other actions designed to reach all Persons served.

(c)Form and Manner of Public Notice. Each Supplier of Water shall provide the initial public notice and any 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 water system, but it shall at a minimum meet the following requirements:

1. Unless directed otherwise by the Department in writing, Community Water Systems shall provide notice by:

a. Mail or other direct delivery to each customer receiving a bill and to other service connections to which water is delivered by the Public Water System; and

b. Any other method reasonably calculated to reach other Persons regularly served by the system, if they would not normally be reached by the notice required in 310 CMR 22.16(3)(c)1.a. Such Persons may include those who do not pay water bills or do not have service connection addresses (e.g., house renters, apartment dwellers, university students, nursing home patients, prison inmates, etc.). Other methods may include: Publication in a local newspaper; delivery of multiple copies for distribution by customers that provide their drinking water to others (e.g., apartment building owners or large private employers); posting in public places served by the system or on the Internet; or delivery to community organizations.

2. Unless directed otherwise by the Department in writing, the owner/operator of a Non-community Water System shall provide notice by:

a. Posting the notice in conspicuous locations throughout the Distribution System frequented by Persons served by the system, or by mail or direct delivery to each customer and service connection (where known); and

b. Any other method reasonably calculated to reach other Persons served by the system if they would not normally be reached by the notice required in 310 CMR 22.16(3)(c)2.a. Such Persons may include those served who may not see a posted notice because the posted notice is not in a location they routinely pass by. Other methods may include: Publication in a local newspaper or newsletter distributed to customers; use of E-mail to notify employees or students; or, delivery of multiple copies in central locations (e.g., community centers).

(4)Tier 3 Public Notice.

(a)Violations or Situations Requiring Tier 3 Public Notice. 310 CMR 22.16: Table 5 lists the violation categories and other situations requiring a Tier 3 Public Notice. 310 CMR 22.16: Table 6 identifies the tier assignment for each specific violation or situation.

310 CMR 22.16: Table 5

Violation Categories and Other Situations Requiring a Tier 3 Public Notice

1. Monitoring violations under 310 CMR 22.00, except where a Tier 1 notice is required under 310 CMR 22.16(2) or where the Department determines that a Tier 2 notice is required;

2. Failure to comply with a testing procedure established in 310 CMR 22.00, except where a Tier 1 notice is required under 310 CMR 22.16(2) or where the Department determines that a Tier 2 notice is required;

3. Operation under a variance granted under 310 CMR 22.13, 22.13A or an exemption granted under 310 CMR 22.14;

4. Availability of unregulated contaminant monitoring results, as required under 310 CMR 22.16(7);

5. Exceedance of the fluoride Secondary Maximum Contaminant Level (SMCL), as required under 310 CMR 22.16(8); and

6. Reporting and Recordkeeping violations under 310 CMR 22.05.

(b)Timeframe Required for Tier 3 Notification.

1.

a. Unless otherwise determined by the Department, each supplier of water shall provide the public notice not later than one year after the public water system learns of the violation or situation or begins operating under a variance or exemption.

b. Following the initial notice, the supplier shall repeat the notice annually for as long as the violation, variance, exemption, or other situation persists.

c. If the public notice is posted, the notice shall remain in place for as long as the violation, variance, exemption, or other situation persists, but in no case less than seven days (even if the violation or situation is resolved).

2. If approved by the Department under 310 CMR 22.16(4)(b)1., instead of individual Tier 3 public notices, a supplier of water may use an annual report detailing all violations and situations that occurred during the previous 12 months, as long as the timing requirements of 310 CMR 22.16(4)(b)1. are met and the format is approved by the Department.

(c)Form and Manner of Public Notice. Each supplier of water who is required to give Tier 3 notice shall provide the initial public notice and any 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 water system, but it shall at a minimum meet the following requirements:

1. Unless directed otherwise by the Department in writing, community water systems shall provide notice by:

a. Mail or other direct delivery to each customer receiving a bill and to other service connections to which water is delivered by the public water system; and

b. Any other method reasonably calculated to reach other Persons regularly served by the system, if they would not normally be reached by the notice required in 310 CMR 22.16(4)(c)1.a. Other Persons may include those who do not pay water bills or do not have service connection addresses (e.g., house renters, apartment dwellers, university students, nursing home patients, prison inmates, etc.). Other methods may include: Publication in a local newspaper; delivery of multiple copies for distribution by customers that provide their drinking water to others (e.g., apartment building owners or large private employers); posting in public places served by the system or on the Internet; or delivery to community organizations.

2. Unless directed otherwise by the Department in writing, the owner/operator of a non-community water system shall provide notice by:

a. Posting the notice in conspicuous locations throughout the distribution system frequented by Persons served by the system, or by mail or direct delivery to each customer and service connection (where known); and

b. Any other method reasonably calculated to reach other Persons served by the system if they would not normally be reached by the notice required in 310 CMR 22.16(4)(c)2.a. Other Persons may include those served who may not see a posted notice because the posted notice is not in a location they routinely pass by. Other methods may include: Publication in a local newspaper or newsletter distributed to customers; use of E-mail to notify employees or students; or, delivery of multiple copies in central locations (e.g., community centers).

(d) If approved by the Department, the supplier of water may use the Consumer Confidence Report (CCR) required under 310 CMR 22.16A as a vehicle for the initial Tier 3 public notice and all required repeat notices, as long as:

1. The CCR is provided to Persons served no later than 12 months after the system learns of the violation or situation as required under 310 CMR 22.16(4)(b);

2. The Tier 3 notice contained in the CCR follows the content requirements under 310 CMR 22.16(5); and

3. The CCR is distributed following the delivery requirements under 310 CMR 22.16(4)(c)1.

(5)Public Notice Content.

(a) When a Supplier of Water violates 310 CMR 22.00 or has a situation requiring public notification, each public notice shall include the following elements:

1. Public Water System name, Public Water System identification number (PWSID#);

2. A description of the violation or situation, including the contaminant(s) of concern, and (as applicable) the contaminant level(s);

3. When the violation or situation occurred;

4. Any potential adverse health effects from the violation or situation, including the standard language under 310 CMR 22.16(5)(d)1. or 2., whichever is applicable;

5. The population at risk, including subpopulations particularly vulnerable if exposed to the contaminant in their drinking water;

6. Whether alternative water supplies should be used;

7. What actions consumers should take, including when they should seek medical help, if known;

8. What the system is doing to correct the violation or situation;

9. When the water system expects to return to compliance or resolve the situation;

10 The name, business address, and phone number of the water system owner, operator, or designee of the Public Water System as a source of additional information concerning the notice; and

11. A statement to encourage the notice recipient to distribute the public notice to other Persons served, using the standard language under 310 CMR 22.16(5)(d)3., where applicable.

(b)Public Notice Requirements for Systems Operating under a Variance or Exemption.

1. If a Supplier of Water has been granted a variance or an exemption, the public notice shall contain:

a. An explanation of the reasons for the variance or exemption;

b. The date on which the variance or exemption was issued;

c. A brief status report on the steps the system is taking to install treatment, find alternative sources of water, or otherwise comply with the terms and schedules of the variance or exemption; and

d. A notice of any opportunity for public input in the review of the variance or exemption.

2. If a Supplier of Water violates the conditions of a variance or exemption, the public notice shall contain the 11 elements listed in 310 CMR 22.16(5)(a).

(c)Public Notice Presentation.

1. Each public notice required by 310 CMR 22.16(5):

a. Shall be displayed in a conspicuous way when printed or posted;

b. Shall not contain overly technical language or very small print;

c. Shall not be formatted in a way that defeats the purpose of the notice;

d. Shall not contain language which nullifies the purpose of the notice.

2.Multilingual Requirements.

a. For a Supplier of Water serving a large proportion of non-English speaking consumers, as determined in 310 CMR 22.16A, the public notice shall contain information in the appropriate language(s) regarding the importance of the notice or contain a telephone number or address where Persons served may contact the water system to obtain a translated copy of the notice or to request assistance in the appropriate language.

b. In cases where the Department has not determined what constitutes a large proportion of non-English speaking consumers, the Supplier of Water shall include in the public notice the same information as in 310 CMR 22.16(5)(c)2.a., where appropriate to reach a large proportion of non-English speaking Persons served by the water system.

(d)Standard Language.

1. Standard health effects language for MCL or MRDL violations, Treatment Technique violations, and violations of the condition of a variance or exemption. Each Supplier of Water shall include in each public notice the health effects language specified in 310 CMR 22.16: Table 7 of corresponding to each MCL, MRDL, and Treatment Technique violation listed in 310 CMR 22.16: Table 6, and for each violation of a condition of a variance or exemption.

2. Standard language for monitoring and testing procedure violations. Each Supplier of Water shall include the following language in their notice, including the language necessary to fill in the blanks, for all monitoring testing procedure violations listed in 310 CMR 22.16: Table 6:

"We are required to monitor your drinking water for specific contaminants on a regular basis. Results of regular monitoring are an indicator of whether or not your drinking water meets health standards. During [compliance period], we "did not monitor or test" or "did not complete all monitoring or testing" for [contaminant(s)], and therefore cannot be sure of the quality of your drinking water during that time."

3. Standard language to encourage the distribution of the public notice to all Persons served. Each Supplier of Water shall include in their notice the following language (where applicable):

"Please share this information with all the other people who drink this water, especially those who may not have received this notice directly (for example, people in apartments, nursing homes, schools, and businesses). You can do this by posting this notice in a public place or distributing copies by hand or mail."

(6)Notice to New Billing Units or New Customers.

(a) The owner/operator of a Community Water System shall give a copy of the most recent public notice for any continuing violation, the existence of a variance or exemption, or other ongoing situations requiring a public notice to all new billing units or new customers prior to or at the time service begins.

(b) The owner/operator of a Non-community Water System shall continuously post the public notice in conspicuous locations as specified by the Department in order to inform new consumers of any continuing violation, variance or exemption, or other situation requiring a public notice for as long as the violation, variance, exemption, or other situation persists.

(7)Special Notice of the Availability of Unregulated Contaminant Monitoring Results.

(a) The owner or operator of a community water system or non-transient non-community water system required to monitor under 310 CMR 22.07C or the EPA Unregulated Contaminant Monitoring Rule shall notify Persons served by the system of the availability of the results of such sampling no later than 12 months after the monitoring results are known.

(b) The form and manner of the public notice shall follow the requirements for a Tier 3 public notice prescribed in 310 CMR 22.16(4)(c), (d)1. and (d)3. The notice shall also identify a person and provide the telephone number to contact for information on the monitoring results.

(8)Special Notice for Exceedance of the SMCL for Fluoride.

(a) Community water systems that exceed the fluoride secondary maximum contaminant level (SMCL) of two mg/l as specified in 310 CMR 22.06C (determined by the last single sample taken in accordance with 310 CMR 22.06(6)(h), but do not exceed the maximum contaminant level (MCL) of four mg/l for fluoride (as specified in 310 CMR 22.06(4)1., shall provide the public notice in 310 CMR 22.16(8)(c) to Persons served. Public notice shall be provided as soon as practical but no later than 12 months from the day the supplier of water learns of the exceedance. A copy of the notice shall also be sent to all new billing units and new customers at the time service begins and to the Massachusetts Department of Public Health. The supplier of water shall repeat the notice at least annually for as long as the SMCL is exceeded. If the public notice is posted, the notice shall remain in place for as long as the SMCL is exceeded, but in no case less than seven days (even if the exceedance is eliminated). On a case-by-case basis, the Department may require an initial notice sooner than 12 months and repeat notices more frequently than annually.

(b) The form and manner of the public notice (including repeat notices) shall follow the requirements for a Tier 3 public notice in 310 CMR 22.16(4)(d)3.

(c) The notice shall contain the following language, including the language necessary to fill in the blanks:

"This is an alert about your drinking water and a cosmetic dental problem that might affect children younger than nine years old. At low levels, fluoride can help prevent cavities, but children drinking water containing more than two milligrams per liter (mg/l) of fluoride may develop cosmetic discoloration of their permanent teeth (dental fluorosis). The drinking water provided by your community water system [name] has a fluoride concentration of [insert value] mg/l.

Dental fluorosis, in its moderate or severe forms, may result in a brown staining and/or pitting of the permanent teeth. This problem occurs only in developing teeth, before they erupt from the gums. Children younger than nine years old should be provided with alternative sources of drinking water or water that has been treated to remove the fluoride to avoid the possibility of staining and pitting of their permanent teeth. You may also want to contact your dentist about proper use by young children of fluoride-containing products. Older children and adults may safely drink the water.

Drinking water containing more than four mg/L of fluoride (the U.S. Environmental Protection Agency's drinking water standard) can increase your risk of developing bone disease. Your drinking water does not contain more than four mg/1 of fluoride, but we're required to notify you when we discover that the fluoride levels in your drinking water exceed two mg/1 because of this cosmetic dental problem.

For more information, please call [name of water system contact] of [name of community water system] at [phone number]. Some home water treatment units are also available to remove fluoride from drinking water. To learn more about available home water treatment units, you may call NSF International at 1-877-8-NSF-HELP."

(9)Special Notice for Nitrate Exceedance above MCL by Non-community Water Systems, Where Granted Permission by the Department.

(a) The owner or operator of a non-community water system granted permission by the Department under 310 CMR 22.13 and 22.13A to exceed the nitrate MCL shall provide notice to Persons served according to the requirements for a Tier 1 notice under 310 CMR 22.16(2)(b)and(c).

(b)Form and Manner of the Special Notice. The owner/operator of a non-community water system granted permission by the Department to exceed the nitrate MCL under 310 CMR 22.06 shall provide continuous posting of the fact that nitrate levels exceed ten mg/1 and the potential health effects of exposure, according to the requirements for Tier 1 notice delivery under 310 CMR 22.16(2)(c) and the content requirements under 310 CMR 22.16(5).

(10)Notice by Department in Behalf of the Supplier of Water.

(a) The Department may give the notice required by 310 CMR 22.16 on behalf of the owner and operator of the public water system if the Department complies with the requirements of 310 CMR 22.16.

(b) The owner or operator of the public water system remains legally responsible for ensuring that the requirements of 310 CMR 22.16 are met.

(11)Public Notification by the Department for any Public Water System Subject to 310 CMR 22.00.

(a) The Department may require a supplier of water or any person subject to 310 CMR 22.00 to provide public notice for any violation of 310 CMR 22.00, the content of which shall either satisfy the requirements of 310 CMR 22.16(5), and/or be approved by the Department, prior to publication. The supplier of water remains legally responsible for ensuring that the requirements of 310 CMR 22.16 are met.

(b) The Department reserves the right to give notice to the public when not required by 310 CMR 22.16 in the event of a significant health problem. The supplier of water shall be responsible for all fees incurred by the Department as a result such notice.

310 CMR 22.16 - Table 6

Violations and Other Situations Requiring Public Notice ¹

Contaminant	MCL/MRDL/TT violations 2		Monitoring & testing procedure violations
	Tier of public notice required	Citation	Tier of public notice required	Citation
1. Violations of National Primary Drinking Water Regulations and 310 CMR 22.003
A. Microbiological Contaminants
1.a. Total coliform (TT violations resulting from failure to perform assessments or corrective actions, monitoring violations, and reporting violations).	2	310 CMR 22.05(11)(b)1.	3	310 CMR 22.05(11)(c)1. 310 CMR 22.05(11)(d)11.
1.b. Seasonal System failure to follow Department-approved start-up plan prior to serving water to the public or failure to provide certification to the State.	2	310 CMR 22.05(11)(b)(2)	3	310 CMR 22.05(11)(d)3.
2.a. E. coli (MCL, monitoring, and reporting violations).	1	310 CMR 22.05(11)(a)	3	310 CMR 22.05(11)(c)2. 310 CMR 22.05(11)(d)1. 310 CMR 22.05(11)(d)2.
2.b. E. coli (TT violations resulting from failure to perform Level 2 Assessments or corrective action).	2	310 CMR 22.05(11)(b)1.
3. Turbidity MCL.	2	310 CMR 22.08 310CMR22.20A 310CMR22.20D	3	310 CMR 22.08 310CMR22.20A 310CMR22.20D
4. Turbidity MCL (average of 2 days' samples > five NTU).	52, 1	310 CMR 22.08 310 CMR 22.20A	3	310 CMR 22.08 310CMR22.20A
5. Turbidity (for TT violations resulting from a single exceedance of maximum allowable Turbidity level).	6 2, 1	310 CMR 22.08 310 CMR 22.20A 310 CMR 22.20D 310 CMR 22.20F	3	310 CMR 22.08 310 CMR 22.20A 310 CMR 22.20D 310 CMR 22.20F
6. Surface Water Treatment Rule violations, other than violations resulting from single exceedance of max. allowable Turbidity level (TT).	2	310 CMR 22.20A	3	310 CMR 22.20A
7. Interim Enhanced Surface Water Treatment Rule violations, other than violations resulting from single exceedance of max. Turbidity level (TT).	2	7310 CMR 22.20D	3	310 CMR 22.20D
8. Filter Backwash Recycling Rule.	2	310 CMR 22.20E(3)	3	310 CMR 22.20E(2) and (4)
9. Long Term 1 Enhanced Surface Water Treatment Rule.	2	310CMR22.20F	3	310 CMR 22.20F
10. Long Term 2 Enhanced Surface Water Treatment Rule violations.	2	310CMR22.20G (11) through (23)	212,3	310 CMR 22.20G(2) through (6), (9) and (10)
11. Ground Water Rule violations.	2	310 CMR 22.26(5)	3	310 CMR 22.26(3)(h) 310 CMR 22.26(4)(d)
B. Inorganic Chemicals (IOCs)
1. Antimony	2	310 CMR 22.06	3	310 CMR 22.06
2. Arsenic	2	8310 CMR 22.06	3	9310 CMR 22.06
3. Asbestos (fibers > 10 urn)	2	310 CMR 22.06	3	310 CMR 22.06
4.Barium	2	310 CMR 22.06	3	310 CMR 22.06
5. Beryllium	2	310 CMR 22.06	3	310 CMR 22.06
6. Cadmium	2	310 CMR 22.06	3	310 CMR 22.06
7. Chromium (total)	2	310 CMR 22.06	3	310 CMR 22.06
8. Cyanide	2	310 CMR 22.06	3	310 CMR 22.06
9. Fluoride	2	310 CMR 22.06	3	310 CMR 22.06
10. Mercury (inorganic)	2	310 CMR 22.06	3	310 CMR 22.06
11. Nitrate	1	310 CMR 22.06	3	310 CMR 22.06
12. Nitrite	1	310 CMR 22.06	3	310 CMR 22.06
13. Total Nitrate and Nitrite	1	310 CMR 22.06	3	310 CMR 22.06
14. Perchlorate	1	310 CMR 22.06	3	310 CMR 22.06
15. Selenium	2	310 CMR 22.06	3	310 CMR 22.06
16. Thallium	2	310 CMR 22.06	3	310 CMR 22.06
C. Lead and Copper Rule (Action Level for lead is 0.015 mg/L, for copper is 1.3 mg/L)
1. Lead and Copper Rule (TT)	2	310 CMR22.06B	3	310 CMR22.06B
D. Synthetic Organic Chemicals (SOCs)
1. 2,4-D	2	310 CMR22.07A	3	310 CMR22.07A
2. 2,4,5-TP (Silvex)	2	310 CMR22.07A	3	310 CMR22.07A
3. Alachlor	2	310 CMR22.07A	3	310 CMR22.07A
4. Atrazine	2	310 CMR22.07A	3	310 CMR22.07A
5. Benzo(a)pyrene (PAHs)	2	310 CMR22.07A	3	310 CMR22.07A
6. Carbofuran	2	310 CMR22.07A	3	310 CMR22.07A
7. Chlordane	2	310 CMR22.07A	3	310 CMR22.07A
8. Dalapon	2	310 CMR22.07A	3	310 CMR22.07A
9. Di-(2-ethylhexyl) adipate	2	310 CMR22.07A	3	310 CMR22.07A
10. Di-(2-ethylhexyl) phthalate	2	310 CMR22.07A	3	310 CMR22.07A
11. Dibromochloropropane	2	310 CMR22.07A	3	310 CMR22.07A
12. Dinoseb	2	310 CMR22.07A	3	310 CMR22.07A
13. Dioxin (2,3,7,8-TCDD)	2	310 CMR22.07A	3	310 CMR22.07A
14. Diquat	2	310 CMR22.07A	3	310 CMR22.07A
15. Endothall	2	310 CMR22.07A	3	310 CMR22.07A
16. Endrin	2	310 CMR22.07A	3	310 CMR22.07A
17. Ethylene dibromide	2	310 CMR22.07A	3	310 CMR22.07A
18. Glyphosate	2	310 CMR22.07A	3	310 CMR22.07A
19. Heptachlor	2	310 CMR22.07A	3	310 CMR22.07A
20. Heptachlor epoxide	2	310 CMR22.07A	3	310 CMR22.07A
21. Hexachlorobenzene	2	310 CMR22.07A	3	310 CMR22.07A
22. Hexachlorocyclo-pentadiene	2	310 CMR22.07A	3	310 CMR22.07A
23. Lindane	2	310 CMR22.07A	3	310 CMR22.07A
24. Methoxychlor	2	310 CMR22.07A	3	310 CMR22.07A
25. Oxamyl (Vydate)	2	310 CMR22.07A	3	310 CMR22.07A
26. Pentachlorophenol	2	310 CMR 22.07A	3	310 CMR 22.07A
27. Picloram	2	310 CMR 22.07A	3	310 CMR 22.07A
28. Polychlorinated biphenyls (PCBs)	2	310 CMR 22.07A	3	310 CMR 22.07A
29. Simazine	2	310 CMR 22.07A	3	310 CMR 22.07A
30. Toxaphene	2	310 CMR 22.07A	3	310 CMR 22.07A
E. Volatile Organic Chemicals (VOCs)
1. Benzene	2	310 CMR 22.07B	3	310 CMR 22.07B
2. Carbon tetrachloride	2	310 CMR 22.07B	3	310 CMR 22.07B
3. Chlorobenzene (monochlorobenzene)	2	310 CMR 22.07B	3	310 CMR 22.07B
4. o-Dichlorobenzene	2	310 CMR 22.07B	3	310 CMR 22.07B
5. p-Dichlorobenzene	2	310 CMR 22.07B	3	310 CMR 22.07B
6. 1,2-Dichloroethane	2	310 CMR 22.07B	3	310 CMR 22.07B
7. 1,1-Dichloroethylene	2	310 CMR 22.07B	3	310 CMR 22.07B
8. cis-1,2-Dichloroethylene	2	310 CMR 22.07B	3	310 CMR 22.07B
9. trans-1,2-Dichloroethylene	2	310 CMR 22.07B	3	310 CMR 22.07B
10. Dichloromethane	2	310 CMR 22.07B	3	310 CMR 22.07B
11. 1,2-Dichloropropane	2	310 CMR 22.07B	3	310 CMR 22.07B
12. Ethylbenzene	2	310 CMR 22.07B	3	310 CMR 22.07B
13. Styrene	2	310 CMR 22.07B	3	310 CMR 22.07B
14. Tetrachloroethylene	2	310 CMR 22.07B	3	310 CMR 22.07B
15. Toluene	2	310 CMR 22.07B	3	310 CMR 22.07B
16. 1,2,4-Trichlorobenzene	2	310 CMR 22.07B	3	310 CMR 22.07B
17. 1,1,1-Trichloroethane	2	310 CMR 22.07B	3	310 CMR 22.07B
18. 1,1,2-Trichloroethane	2	310 CMR 22.07B	3	310 CMR 22.07B
19. Trichloroethylene	2	310 CMR 22.07B	3	310 CMR 22.07B
20. Vinyl chloride	2	310 CMR 22.07B	3	310 CMR 22.07B
21. Xylenes (total)	2	310 CMR 22.07B	3	310 CMR 22.07B
F. Radioactive Contaminants
1. Beta/photon emitters	2	310 CMR 22.09A	3	310 CMR 22.09A
2. Alpha emitters	2	310 CMR 22.09A	3	310 CMR 22.09A
3. Combined radium (226 & 228)	2	310 CMR 22.09A	3	310 CMR 22.09A
4. Uranium11,12	2	310 CMR 22.09A	3	310 CMR 22.09A
G. Disinfection Byproducts (DBPs), Byproduct Precursors, Disinfectant Residuals. Where Disinfection used in the treatment of drinking water, Disinfectants combine with organic and inorganic matter present in water to form chemicals called Disinfection by products (DBPs). EPA sets standards for controlling the levels of Disinfectants and DBPs in drinking water, including Trihalomethanes (THMs) and haloacetic acid (HAAs).13
1. Total Trihalomethanes (TTHMs)	2	310 CMR 22.07E	3	310 CMR 22.07E
2. Haloacetic Acids (HAA5)	2	310 CMR 22.07E	3	310 CMR 22.07E
3. Bromate	2	310 CMR 22.07E	3	310 CMR 22.07E
4. Chlorite	2	310 CMR 22.07E	3	310 CMR 22.07E
5. Chlorine (MRDL)	2	310 CMR 22.07E	3	310 CMR 22.07E
6. Chloramines (MRDL)	2	310 CMR 22.07E	3	310 CMR 22.07E
7. Chlorine dioxide (MRDL) where any two consecutive daily samples at entrance to Distribution System only are above MRDL	2	310 CMR 22.07E	3	310 CMR 22.07E
8. Chlorine dioxide (MRDL), where sample(s) in Distribution System the next day are also above MRDL	2	310 CMR 22.07E	1	310 CMR 22.07E
9. Control of DBP precursors TOC (TT)	2	310 CMR 22.07E	3	310 CMR 22.07E
10. Bench marking and Disinfection profiling	N/A	N/A	3	310 CMR 22.07F
11. Development of monitoring plan	N/A	N/A	3	310 CMR 22.07E
H. Other Treatment Techniques
1. Acrylamide (TT)	2	310 CMR 22.04(10)	N/A	310 CMR 22.04(10)
2. Epichlorohydrin (TT)	2	310 CMR 22.04(10)	N/A	310 CMR 22.04(10)
II. Unregulated Contaminant Monitoring: 16
A. Unregulated contaminants	N/A	N/A	3	310 CMR 22.07C
B. Nickel	N/A	N/A	3	310 CMR 22.06
III. Public Notification for Variances and Exemptions:
A. Operation under a variance or exemption	3	17310 CMR 22.13 310 CMR 22.14	N/A	N/A
B. Violation of conditions of a variance or exemption	2	18310 CMR 22.13 310 CMR 22.14	N/A	N/A
IV. Other Situations Requiring Public Notification:
A. Fluoride Secondary Maximum Contaminant level (SMCL) exceedance	3	310 CMR 22.06C	N/A	N/A
B. Exceedance of nitrate MCL for non-community systems, as allowed by the Department.	1	310 CMR 22.13 310 CMR 22.13A	N/A	N/A
C. Availability of unregulated contaminant monitoring data	3	310 CMR 22.07C	N/A	N/A
D. Waterborne Disease Outbreak	1	N/A	N/A	N/A
E. Other waterborne or water supply emergency 19.	1	N/A	N/A	N/A
F. Other situations as determined by the Department	20 1, 2, 3	N/A	N/A	N/A
G. Sodium	N/A	N/A	3	310 CMR 22.06A
H. Source water sample positive for Ground Water Rule fecal indicators: E.coli, enterococci, or colliphage	1	310 CMR 22.26(3)(g)	N/A	N/A
I. Change or failure of Treatment Technique or practice (TT)	2	310 CMR 22.04(4)	N/A	310 CMR 22.04(4)
J. Ground Water Rule Significant Deficiency or source water fecal contamination	3	310 CMR 22.16(13)	N/A	N/A

Table 6 - Endnotes

1. Violations and other situations not listed in this table (e.g. failure to prepare Consumer Confidence Reports), do not require notice, unless otherwise determined by the Department. The Department may, at its option, also require a more stringent public notice tier (e.g., Tier 1 instead of Tier 2 or Tier 2 instead of Tier 3) for specific violations and situations listed in this Table, as authorized under 310 CMR 22.16(2)(a) and (3)(a).

2. MCL-Maximum contaminant level, MRDL-Maximum Residual Disinfectant Level, TT-Treatment Technique.

3. The term Violations of 310 CMR 22.00 is used here to include violations of MCL, MRDL, Treatment Technique, monitoring, and testing procedure requirements.

4. Failure to test for fecal coliform or E. coli is a Tier 1 violation if testing is not done after any repeat sample tests positive for coliform. All other total coliform monitoring and testing procedure violations are Tier 3.

5. Systems that violate the Turbidity MCL of five NTU based on an average of measurements over two consecutive days shall consult with the Department within 24 hours after learning of the violation. Based on this consultation, the Department may subsequently decide to elevate the violation to Tier 1. If a system is unable to make contact with the Department in the 24-hour period, the violation is automatically elevated to Tier 1.

6. Systems with Treatment Technique violations involving a single exceedance of a maximum Turbidity limit under 310 CMR 22.20A, the Surface Water Treatment Rule (SWTR), 310 CMR 22.20D, the Interim Enhanced Surface Water Treatment Rule (IESWTR), or 310 CMR 22.20F, the Long Term 1 Enhanced Surface Water Treatment Rule, are required to consult with the Department within 24 hours after learning of the violation. Based on this consultation, the Department may subsequently decide to elevate the violation to Tier 1. If a system is unable to make contact with the Department in the 24-hour period, the violation is automatically elevated to Tier 1.

7. Most of the requirements of the Interim Enhanced Surface Water Treatment Rule 310 CMR 22.20D become effective January 1, 2002 for Surface Water Sources systems (surface water systems and groundwater systems under the direct influence of surface water) serving at least 10,000 persons. However, 310 CMR 22.20D has some requirements that become effective as early as April 16, 1999. The Surface Water Treatment Rule, 310 CMR 22.20A, remains in effect for some systems serving at least 10,000 persons even after 2002; the Interim Enhanced Surface Water Treatment Rule, 310 CMR 22.20D, adds additional requirements and does not in many cases supersede the SWTR.

8. The arsenic MCL citations are effective January 23, 2006.

9. The arsenic Tier 3 violation citations are effective January 23, 2006.

10. Failure to take a confirmation sample within 24 hours for nitrate, nitrite or perchlorate after an initial sample exceeds the MCL is a Tier 1 violation. Other monitoring violations for nitrate, nitrite or perchlorate are Tier 3.

11. The uranium MCL Tier 2 violation citations are effective December 8, 2003 for all Community Water Systems.

12. The uranium MCL Tier 3 violation citations are effective December 8, 2003 for all Community Water Systems.

13. Community and non-transient non-community Surface Water Sources systems (surface water systems and groundwater systems under the direct influence of surface water) serving at least 10,000 persons shall comply with the new DBP MCLs, Disinfectant MRDLs, and related monitoring requirements beginning January 1, 2002. All other Community and Non-transient Non-community Water Systems shall meet the MCLs and MRDLs beginning January 1, 2004. Transient non-community Surface Water Sources systems (surface water systems and groundwater systems under the direct influence of surface water) serving at least 10,000 persons using chlorine dioxide as a Disinfectant or oxidant shall comply with the chlorine dioxide MRDL beginning January 1, 2002. Transient non-community Surface Water Sources systems (surface water systems and groundwater systems under the direct influence of surface water) serving at least 10,000 persons and Transient Non-community Water Systems serving fewer than 10,000 persons and Transient Non-community Water Systems using only groundwater not under the direct influence of surface water and using chlorine dioxide as a Disinfectant or oxidant shall comply with the chlorine dioxide MRDL beginning January 1, 2004.

14. Failure to monitor for chlorine dioxide at the entrance to the Distribution System the day after exceeding the MRDL at the entrance to the Distribution System is a Tier 2 violation.

15. If any daily sample taken at the entrance to the Distribution System exceeds the MRDL for chlorine dioxide and one or more samples taken in the Distribution System the next day exceed the MRDL, Tier 1 notification is required. Failure to take the required samples in the Distribution System after the MRDL is exceeded at the entry point also triggers Tier 1 notification.

16. Some water systems shall monitor for certain unregulated contaminants listed in 310 CMR 22.07C.

17. This citation refers to 310 CMR 22.13 and 22.14 and requires that "a schedule prescribed for a Public Water System granted a variance [or exemption] shall require compliance by the system".

18. In addition, 310 CMR 22.13A specifies the items and schedule milestones that shall be included in a variance for small systems.

19. Other waterborne Emergencies require a Tier 1 Public Notice under 310 CMR 22.16 (2)(a)7. for situations that do not meet the definition of a Waterborne Disease Outbreak given in 310 CMR 22.02(1) but that still have the potential to have serious adverse effects on health as a result of short-term exposure. These could include outbreaks not related to treatment deficiencies, as well as situations that have the potential to cause outbreaks, such as failures or significant interruption in water treatment processes, natural disasters that disrupt the water supply or Distribution System, chemical spills, or unexpected loading of possible pathogens into the source water.

20. The Department may place other situations in any tier they believe appropriate, based on threat to public health.

21. Failure to collect three or more samples for Cryptosporidium analysis is a Tier 2 violation requiring special notice as specified in 310 CMR 22.16(12). All other monitoring and testing procedure violations are Tier 3.

310 CMR 22.16: Table 7 Standard Health Effects Language for Public Notification
Contaminant	MCLG1 mg/l	MCL2 mg/l	Standard health effects language for public notification
National Primary Drinking Water Regulations (NPDWR) and Massachusetts Drinking Water Regulations:
A. Microbiological Contaminants:
1a. Coliform Assessment and/or Corrective Action Violations	N/A	TT	Coliforms are bacteria that are naturally present in the environment and are used as an indicator that other, potentially harmful, waterborne pathogens may be present or that a potential pathway exists through which contamination may enter the drinking water distribution system. We found coliforms indicating the need to look for potential problems in water treatment or distribution. When this occurs, we are required to conduct assessments to identify problems and to correct any problems that are found. [THE SYSTEM MUST USE THE FOLLOWING APPLICABLE SENTENCES.] We failed to conduct the required assessment. We failed to correct all identified sanitary defects that were found during the assessment(s).
1b. E. coli	Zero	MCL violation if any of the following: (1) The system has an E. coli-positive repeat sample following a total coliform- positive routine sample. (2) The system has a total coliform-positive repeat sample following an E. coli-positive routine sample. (3) The system fails to take all required repeat samples following an E. coli- positive routine sample. (4) The system fails to test for E. coli when any repeat sample tests positive for total coliform.	E. coli are bacteria whose presence indicates that the water may be contaminated with human or animal wastes. Human pathogens in these wastes can cause short-term effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a greater health risk for infants, young children, the elderly, and people with severely compromised immune systems.
1c. Fecal indicators (GWR) i. E.coli ii. enterococci iii. coliphage	Zero None None	TT TT TT	Fecal indicators are microbes whose presence indicates that the water may be contaminated with human or animal wastes. Microbes in these wastes can cause short-term, health effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a special health risk for infants, young children, some of the elderly, and people with severely compromised immune systems.
1d. Ground Water Rule (GWR) TT violations	None	TT	Inadequately treated or inadequately protected water may contain disease-causing organisms. These organisms can cause symptoms such as diarrhea, nausea, cramps, and associated headaches.
1e. E. coli Assessment and/or Corrective Action Violations	N/A	TT	E. coli are bacteria whose presence indicates that the water may be contaminated with human or animal wastes. Human pathogens in these wastes can cause short-term effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a greater health risk for infants, young children, the elderly, and people with severely compromised immune systems. We violated the standard for E. coli, indicating the need to look for potential problems in water treatment or distribution. When this occurs, we are required to conduct a detailed assessment to identify problems and to correct any problems that are found. [THE SYSTEM MUST USE THE FOLLOWING APPLICABLE SENTENCES.] We failed to conduct the required assessment. We failed to correct all identified sanitary defects that were found during the assessment that we conducted.
1f. Seasonal System TT Violations	N/A	TT	When this violation includes the failure to monitor for total coliforms or E. coli prior to serving water to the public, the mandatory language found at 310 CMR 22.16(5)(d)2. must be used. When this violation includes failure to complete other actions, the appropriate elements found in 310 CMR 22.16(5)(a) to describe the violation must be used.
2a. Turbidity (MCL) 4	None	one NTU5 five NTU	Turbidity has no health effects. However, turbidity can interfere with disinfection and provide a medium for microbial growth. Turbidity may indicate the presence of disease-causing organisms. These organisms include bacteria, Viruses, and parasites that can cause symptoms such as nausea, cramps, diarrhea and associated headaches.
2b. Turbidity (SWTR TT) 6	None	TT7	Turbidity has no health effects. However, turbidity can interfere with disinfection and provide a medium for microbial growth. Turbidity may indicate the presence of disease-causing organisms. These organisms include bacteria, Viruses, and parasites that can cause symptoms such as nausea, cramps, diarrhea and associated headaches.
2c. Turbidity (IESWTR TT) and LT1ESWTR TT) 8	None	TT	Turbidity has no health effects. However, turbidity can interfere with disinfection and provide a medium for microbial growth. Turbidity may indicate the presence of disease-causing organisms. These organisms include bacteria, Viruses, and parasites that can cause symptoms such as nausea, cramps, diarrhea and associated headaches.
B. Surface Water Treatment Rule (SWTR), Interim Enhanced Surface Water Treatment Rule (IESWTR), Filter Backwash Recycling Rule (FBRR) and Long Term 1 Enhanced Surface Water Treatment Rule (LT1ESWTR) violations:
3. Giardia lamblia (SWTR/IESWTR/LT1ESWTR).	Zero	TT10	Inadequately treated water may contain disease-causing organisms. These organisms include bacteria, Viruses, and parasites which can cause symptoms such as nausea, cramps, diarrhea, and associated headaches.
4. Viruses (SWTR/IESWTR/ LT1ESWTR).
5. Heterotrophic plate count (HPC) bacteria9 (SWTR/IESWTR/LT1ESWTR).
6. Legionella (SWTR/IESWTR/LT1ESWTR) .
7. Cryptosporidium (IESWTR/LT1ESWTR/FBRR).
C. Inorganics
8. Antimony	0.01	0.006	Some people who drink water containing antimony well in excess of the MCL over many years could experience increases in blood cholesterol and decreases in blood sugar.
9. Arsenic11	None	0.05	Some people who drink water containing arsenic in excess of the MCL over many years could experience skin damage or problems with their circulatory system, and may have an increased risk of getting cancer.
10. Asbestos (fibers> 10 µm)	7MFL12	7MFL	Some people who drink water containing asbestos in excess of the MCL over many years may have an increased risk of developing benign intestinal polyps.
11. Barium	2	2	Some people who drink water containing barium in excess of the MCL over many years could experience an increase in their blood pressure.
12. Beryllium	0	0.004	Some people who drink water containing beryllium well in excess of the MCL over many years could develop intestinal lesions.
13. Cadmium	0.01	0.005	Some people who drink water containing cadmium in excess of the MCL over many years could experience kidney damage.
14. Chromium (total).	0.1	0.1	Some people who use water containing chromium well in excess of the MCL over many years could experience allergic dermatitis.
15. Cyanide	0.2	0.2	Some people who drink water containing cyanide well in excess of the MCL over many years could experience nerve damage or problems with their thyroid.
16. Fluoride	4	4	Some people who drink water containing fluoride in excess of the MCL over many years could get bone disease, including pain and tenderness of the bones. Fluoride in drinking water at half the MCL or more may cause mottling of children's teeth, usually in children younger than nine years old. Mottling, also known as dental fluorosis, may include brown staining and/or pitting of the teeth, and occurs only in developing teeth before they erupt from the gums.
17. Mercury (inorganic)	0	0.002	Some people who drink water containing inorganic mercury well in excess of the MCL over many years could experience kidney damage.
18. Nitrate	10	10	Infants younger than six months old who drink water containing nitrate in excess of the MCL could become seriously ill and, if untreated, may die. Symptoms include shortness of breath and blue baby syndrome.
19. Nitrite	1	1	Infants younger than six months oldwho drink water containing nitrite in excess of the MCL could become seriously ill and, if un-treated, may die. Symptoms include shortness of breath and blue baby syndrome.
20. Total Nitrate and Nitrite	10	10	Infants younger than six months old who drink water containing nitrate and nitrite in excess of the MCL could become seriously ill and, if untreated, may die. Symptoms include shortness of breath and blue baby syndrome.
21. Perchlorate	None	0.002	Perchlorate interferes with the normal function of the thyroid gland and thus has the potential to affect growth and development and could cause brain damage and other adverse effects, particularly in fetuses and infants.
22. Selenium	0.05	0.05	Selenium is an essential nutrient. However, some people who drink water containing selenium in excess of the MCL over many years could experience hair or fingernail losses, numbness in fingers or toes, or problems with their circulation.
23. Thallium	0	0.002	Some people who drink water containing thallium in excess of the MCL over many years could experience hair loss, changes in their blood, or problems with their kidneys, intestines, or liver.
D. Lead and Copper Rule:
24. Lead	Zero	TT13	Infants and children who drink water containing lead in excess of the action level could experience delays in their physical or mental development. Children could show slight deficits in attention span and learning abilities. Adults who drink this water over many years could develop kidney problems or high blood pressure.
25. Copper	1.3	TT14	Copper is an essential nutrient, but some people who drink water containing copper in excess of the action level over a relatively short amount of time could experience gastrointestinal distress. Some people who drink water containing copper in excess of the action level over many years could suffer liver or kidney damage. People with Wilson's Disease should consult their personal doctor.
E. Synthetic Organic Chemicals (SOCs):
26. 2,4-D	0.07	0.07	Some people who drink water containing the weed killer 2,4-D well in excess of the MCL over many years could experience problems with their kidneys, liver, or adrenal glands.
27. 2,4,5-TP (Silvex)	0.05	0.05	Some people who drink water containing silvex in excess of the MCL over many years could experience liver problems.
28. Alachlor	Zero	0.002	Some people who drink water containing alachlor in excess of the MCL over many years could have problems with their eyes, liver, kidneys, or spleen, or experience anemia, and may have an increased risk of getting cancer.
29. Atrazine	0	0.003	Some people who drink water containing atrazine well in excess of the MCL over many years could experience problems with their cardiovascular system or reproductive difficulties.
30. Benzo(a)pyrene (PAHs).	Zero	0	Some people who drink water containing benzo(a)pyrene in excess of the MCL over many years may experience reproductive difficulties and may have an increased risk of getting cancer.
31. Carbofuran	0.04	0.003	Some people who drink water containing carbofuran in excess of the MCL over many years could experience problems with their blood, or nervous or reproductive systems.
32. Chlordane	Zero	0.002	Some people who drink water containing chlordane in excess of the MCL over many years could experience problems with their liver or nervous system, and may have an increased risk of getting cancer.
33. Dalapon	0.2	0.2	Some people who drink water containing dalapon well in excess of the MCL over many years could experience minor kidney changes.
34. Di (2-ethylhexyl) adipate	0.4	0.4	Some people who drink water containing di (2-ethylhexyl) adipate well in excess of the MCL over many years could experience general toxic effects or reproductive difficulties.
35. Di (2-ethylhexyl) phthalate	Zero	0.006	Some people who drink water containing di (2-ethylhexyl) phthalate in excess of the MCL over many years may have problems with their liver, or experience reproductive difficulties, and may have an increased risk of getting cancer.
36. Dibromochloropropane (DBCP)	Zero	0	Some people who drink water containing DBCP in excess of the MCL over many years could experience reproductive difficulties and may have an increased risk of getting cancer.
37. Dinoseb	0.01	0.007	Some people who drink water containing dinoseb well in excess of the MCL over many years could experience reproductive difficulties.
38. Dioxin (2,3,7,8-TCDD)	Zero	3x10 -8	Some people who drink water containing dioxin in excess of the MCL over many years could experience reproductive difficulties and may have an increased risk of getting cancer.
39. Diquat	0.02	0.02	Some people who drink water containing diquat in excess of the MCL over many years could get cataracts.
40. Endothall	0.1	0.1	Some people who drink water containing endothall in excess of the MCL over many years could experience problems with their stomach or intestines.
41. Endrin	0	0.002	Some people who drink water containing endrin in excess of the MCL over many years could experience liver problems.
42. Ethylene dibromide	Zero	0	Some people who drink water containing ethylene dibromide in excess of the MCL over many years could experience problems with their liver, stomach, reproductive system, or kidneys, and may have an increased risk of getting cancer.
43. Glyphosate	0.7	0.7	Some people who drink water containing glyphosate in excess of the MCL over many years could experience problems with their kidneys or reproductive difficulties.
44. Heptachlor	Zero	0	Some people who drink water containing heptachlor in excess of the MCL over many years could experience liver damage and may have an increased risk of getting cancer.
45. Heptachlor epoxide	Zero	0	Some people who drink water containing heptachlor epoxide in excess of the MCL over many years could experience liver damage, and may have an increased risk of getting cancer.
46. Hexachlorobenzene	Zero	0.001	Some people who drink water containing hexachlorobenzene in excess of the MCL over many years could experience problems with their liver or kidneys, or adverse reproductive effects, and may have an increased risk of getting cancer.
47. Hexachlorocyclopenta-diene	0.05	0.05	Some people who drink water containing hexachlorocyclopentadiene well in excess of the MCL over many years could experience problems with their kidneys or stomach.
48. Lindane	0	0	Some people who drink water containing lindane in excess of the MCL over many years could experience problems with their kidneys or liver.
49. Methoxychlor	0.04	0.04	Some people who drink water containing methoxychlor in excess of the MCL over many years could experience reproductive difficulties.
50. Oxamyl (Vydate)	0.2	0.2	Some people who drink water containing oxamyl in excess of the MCL over many years could experience slight nervous system effects.
51. Pentachlorophenol	Zero	0.001	Some people who drink water containing pentachlorophenol in excess of the MCL over many years could experience problems with their liver or kidneys, and may have an increased risk of getting cancer.
52. Picloram	0.5	0.5	Some people who drink water containing picloram in excess of the MCL over many years could experience problems with their liver.
53. Polychlorinated biphenyls (PCBs).	Zero	0.001	Some people who drink water containing PCBs in excess of the MCL over many years could experience changes in their skin, problems with their thymus gland, immune deficiencies, or reproductive or nervous system difficulties, and may have an increased risk of cancer.
54. Simazine	0	0.004	Some people who drink water containing simazine in excess of the MCL over many years could experience problems with their blood.
55. Toxaphene	Zero	0.003	Some people who drink water containing toxaphene.
in excess of the MCL over many years could have problems with their kidneys, liver, or thyroid, and may have an increased risk of getting cancer.
F. Volatile Organic Chemicals (VOCs):
56. Benzene	Zero	0.005	Some people who drink water containing benzene in excess of the MCL over many years could experience anemia or a decrease in blood platelets, and may have an increased risk of cancer.
57. Carbon tetrachloride	Zero	0.005	Some people who drink water containing carbon tetrachloride in excess of the MCL over many years could experience problems with their liver and may have an increased risk of getting cancer.
58. Chlorobenzene (monochloro- benzene)	0.1	0.1	Some people who drink water containing chlorobenzene in excess of the MCL over many years could experience problems with their liver or kidneys.
59. o-Dichlorobenzene	0.6	0.6	Some people who drink water containing o-dichlorobenzene well in excess of the MCL over many years could experience problems with their liver, kidneys, or circulatory systems.
60. p-Dichlorobenzene	0.01	0.005	Some people who drink water containing p-dichlorobenzene in excess of the MCL over many years could experience anemia, damage to their liver, kidneys, or spleen, or changes in their blood.
61. 1,2-Dichloroethane	Zero	0.005	Some people who drink water containing 1,2-dichloroethane in excess of the MCL over many years may have an increased risk of getting cancer.
62. 1,1-Dichloroethylene	0.01	0.007	Some people who drink water containing 1,1-dichloroethylene in excess of the MCL over many years could experience problems with their liver.
63. cis-1,2- Dichloroethylene.	0.07	0.07	Some people who drink water containing cis-1,2-dichloroethylene in excess of the MCL over many years could experience problems with their liver.
64. trans-1,2-Dichloroethylene.	0.1	0.1	Some people who drink water containing trans-1,2-dichloroethylene well in excess of the MCL over many years could experience problems with their liver.
65. Dichloromethane	Zero	0.005	Some people who drink water containing dichloromethane in excess of the MCL over many years could have liver problems and may have an increased risk of getting cancer.
66. 1,2-Dichloropropane	Zero	0.005	Some people who drink water containing 1,2-dichloropropane in excess of the MCL over many years may have an increased risk of getting cancer.
67. Ethylbenzene	0.7	0.7	Some people who drink water containing ethylbenzene well in excess of the MCL over many years could experience problems with their liver or kidneys.
68. Styrene	0.1	0.1	Some people who drink water containing styrene well in excess of the MCL over many years could have problems with their liver, kidneys, or circulatory system.
69. Tetrachloroethylene	Zero	0.005	Some people who drink water containing tetrachloroethylene in excess of the MCL over many years could have problems with their liver, and may have an increased risk of getting cancer.
70. Toluene	1	1	Some people who drink water containing toluene well in excess of the MCL over many years could have problems with their nervous system, kidneys, or liver.
71. 1,2,4-Trichlorobenzene	0.07	0.07	Some people who drink water containing 1,2,4-trichlorobenzene well in excess of the MCL over many years could experience changes in their adrenal glands.
72. 1,1,1-Trichloroethane	0.2	0.2	Some people who drink water containing 1,1,1-trichloroethane in excess of the MCL over many years could experience problems with their liver, nervous system, or circulatory system.
73. 1,1,2-Trichloroethane	0	0.005	Some people who drink water containing 1,1,2-trichloroethane well in excess of the MCL over many years could have problems with their liver, kidneys, or immune systems.
74. Trichloroethylene	Zero	0.005	Some people who drink water containing tri-chloroethylene in excess of the MCL over many years could experience problems with their liver and may have an increased risk of getting cancer.
75. Vinyl chloride	Zero	0.002	Some people who drink water containing vinyl chloride in excess of the MCL over many years may have an increased risk of getting cancer.
76. Xylenes (total)	10	10	Some people who drink water containing xylenes in excess of the MCL over many years could experience damage to their nervous system.
G. Radioactive Contaminants:
77. Beta/photon emitters	Zero	4 mrem/yr15	Certain minerals are radioactive and may emit forms of radiation known as photons and beta radiation. Some people who drink water containing beta and photon emitters in excess of the MCL over many years may have an increased risk of getting cancer.
78. Alpha emitters	Zero	15 pCi/l 17	Certain minerals are radioactive and may emit a form of radiation known as alpha radiation. Some people who drink water containing alpha emitters in excess the MCL over many years may have an increased risk of getting cancer.
79. Combined radium (226 & 228).	Zero	5 pCi/l	Some people who drink water containing radium 226 or 228 in excess of the MCL over many years may have an increased risk of getting cancer.
80. Uranium	Zero	30 mg/L16	Some people who drink water containing uranium in excess of the MCL over many years may have an increased risk of getting cancer and kidney toxicity.
H. Disinfection Byproducts (DBPs),Byproduct Precursors, Disinfectant Residuals. Where Disinfection used in the treatment of drinking water, Disinfectants combine with organic and inorganic matter present in water to form chemicals called Disinfection byproducts (DBPs). EPA sets standards for controlling the levels of Disinfectants and DBPs in drinking water, including Trihalomethanes (THMs) and haloacetic acid (HAAs).18
81. Total trihalomethanes (TTHMs)	N/A	0.08019,20	Some people who drink water containing (TTHMs) Trihalomethanes in excess of the MCL over many years may experience problems with their liver, kidneys, or central nervous system, and may have an increased risk of getting cancer.
82. Haloacetic Acids (HAA)	N/A	0.06021	Some people who drink water containing haloacetic acids in excess of the MCL over many years may have an increased risk of getting cancer.
83. Bromate	Zero	0.01	Some people who drink water containing bromate in excess of the MCL over many years may have an increased risk of getting cancer.
84. Chlorite	0.08	1	Some infants and young children who drink water containing chlorite in excess of the MCL could experience nervous system effects. Similar effects may occur in fetuses of pregnant women who drink water containing chlorite in excess of the MCL. Some people may experience anemia.
85. Chlorine	4 (MRDLG) 22	4.0 (MRDL) 23	Some people who use water containing chlorine well in excess of the MRDL could experience irritating effects to their eyes and nose. Some people who drink water containing chlorine well in excess of the MRDL could experience stomach discomfort.
86. Chloramines	4 (MRDLG)	4.0 (MRDL)	Some people who use water containing chloramines well in excess of the MRDL could experience irritating effects to their eyes and nose. Some people who drink water containing chloramines well in excess of the MRDL could experience stomach discomfort or anemia.
87a. Chlorine dioxide, where any two consecutive daily samples taken at the entrance to the Distribution System are above the MRDL.	0.8 (MRDLG)	0.8 (MRDL)	Some infants and young children who drink water containing chlorine dioxide in excess of the MRDL could experience nervous system effects. Similar effects may occur in fetuses of pregnant women who drink water containing chlorine dioxide in excess of the MRDL. Some people may experience anemia. Add for public notification only: The chlorine dioxide violations reported today are the result of exceedances at the treatment facility only, not within the distribution system which delivers water to consumers. Continued compliance with chlorine dioxide levels within the distribution system minimizes the potential risk of these violations to consumers.
87b. Chlorine dioxide, where one or more Distribution System samples are above the MRDL.	0.8 (MRDLG)	0.8 (MRDL)	Some infants and young children who drink water containing chlorine dioxide in excess of the MRDL could experience nervous system effects. Similar effects may occur in fetuses of pregnant women who drink water containing chlorine dioxide in excess of the MRDL. Some people may experience anemia. Add for public notification only: The chlorine dioxide violations reported today include exceedances of the EPA standard within the distribution system which delivers water to consumers. Violations of the chlorine dioxide standard within the distribution system may harm human health based on short-term exposures. Certain groups, including fetuses, infants, and young children, may be especially susceptible to nervous system effects from excessive chlorine dioxide exposure.
88. Control of DBP precursors (TOC)	None	TT	Total organic carbon (TOC) has no health effects. However, total organic carbon provides a medium for the formation of disinfection byproducts. These byproducts include Trihalomethanes (THMs) and haloacetic acids (HAAs). Drinking water containing these byproducts in excess of the MCL may lead to adverse health effects, liver or kidney problems, or nervous system effects, and may lead to an increased risk of getting cancer.
I. Other Treatment Techniques:
89. Acrylamide	Zero	TT	Some people who drink water containing high levels of acrylamide over a long period of time could have problems with their nervous system or blood, and may have an increased risk of getting cancer.
90. Epichlorohydrin	Zero	TT	Some people who drink water containing high levels of epichlorohydrin over a long period of time could experience stomach problems, and may have an increased risk of getting cancer.
J. Per- and Polyfluoroalkyl Substances (PFAS)
91. PFAS6	None	20 ng/l24	Some people who drink water containing these PFAS in excess of the MCL may experience certain adverse effects. These could include effects on the liver, blood, immune system, thyroid, and fetal development. These PFAS may also elevate the risk of certain cancers.

1. MCLG-Maximum Contaminant Level Goal.

2. MCL-Maximum Contaminant Level.

3. [Reserved]

4. The MCL for the monthly Turbidity average is one NTU; the MCL for the two-day average is one NTU for systems that are required to filter, but have not yet installed Filtration (310 CMR 22.08).

5. NTU-Nephelometric turbidity unit.

6. Systems subject to the Surface Water Treatment Rule (both filtered and unfiltered) may not exceed one NTU. In addition, in filtered systems, 95% of samples each month shall not exceed 0.5 NTU in systems using conventional or Direct Filtration and shall not exceed one NTU in systems using slow sand or diatomaceous earth filtration or other Filtration technologies approved by the Department.

7. TT-Treatment Technique.

8. For systems subject to 310 CMR 22.20D (systems serving at least 10,000 people, using Surface Water or Groundwater Under the Direct Influence of Surface Water), that use conventional filtration or Direct Filtration, after January 1, 2002, the Turbidity level of a system's combined filter effluent may not exceed 0.3 NTU in at least 95% of monthly measurements, and the Turbidity level of a system's combined filter effluent shall not exceed one NTU at any time. Systems subject to 310 CMR 22.20D using technologies other than conventional, direct, slow sand, or diatomaceous earth filtration shall meet Turbidity limits set by the Department. For systems subject to 310 CMR 22.20F (systems serving fewer than 10,000 people, using Surface Water or Groundwater Under the Influence of Surface Water) that use conventional or Direct Filtration, after January 1, 2005 the Turbidity level of a system's combined filter effluent may not exceed 0.3 NTU in at least 95% of monthly measurements, and the Turbidity level of a system's combined filter effluent must not exceed one NTU at any time. Systems subject to 310 CMR 22.20F using technologies other than conventional, direct, slow sand, or diatomaceous earth filtration must meet Turbidity limits set by the Department.

9. The bacteria detected by heterotrophic plate count (HPC) are not necessarily harmful. HPC is simply an alternative method of determining Disinfectant residual levels. The number of such bacteria is an indicator of whether there is enough Disinfectant in the distribution system.

10.310 CMR 22.20A, 22.20D, and 22.20F Treatment Technique violations that involve Turbidity exceedances may use the health effects language for Turbidity instead.

11. These arsenic values are effective January 23, 2006.

12. Million fibers per liter.

13. Action Level = 0.015 mg/L.

14. Action Level = 1.3 mg/L.

15. Millirems per year.

16. The uranium MCL is effective December 8, 2003 for all Community Water Systems.

17. Picocuries per liter.

18. Surface water systems and groundwater systems under the direct influence of surface water are regulated under 310 CMR 22.20A. Community and non-transient non-community Surface Water Sources systems (surface water systems and groundwater systems under the direct influence of surface water) serving at least 10,000 persons shall comply with DBP MCLs and Disinfectant Maximum Residual Disinfectant Levels (MRDLs) beginning January 1, 2002. All other Community and Non-transient Non-community Water Systems shall meet the MCLs and MRDLs beginning January 1, 2004. Transient non-community Surface Water Sources systems (surface water systems and groundwater systems under the direct influence of surface water) serving at least 10,000 or more persons using chlorine dioxide as a Disinfectant or oxidant shall comply with the chlorine dioxide MRDL beginning January 1, 2002. Transient non-community Surface Water Sources systems (surface water systems and groundwater systems under the direct influence of surface water) serving fewer than 10,000 persons and Transient Non-community Water Systems using only groundwater not under the direct influence of surface water and using chlorine dioxide as a Disinfectant or oxidant shall comply with the chlorine dioxide MRDL beginning January 1, 2004.

19. Community and Non-transient Non-community Water Systems must comply with TTHM and HAA5 MCLs listed in 310 CMR 22.07F of 0.080 mg/L and 0.060 mg/L, respectively (with compliance calculated as a Locational Running Annual Average) on the schedule in 310 CMR 22.07F(7).

20. The MCL for Total Trihalomethanes is the sum of the concentrations of the individual Trihalomethanes.

21. The MCL for haloacetic acids is the sum of the concentrations of the individual haloacetic acids.

22. MRDLG-Maximum Residual Disinfectant Level Goal.

23. MRDL-Maximum Residual Disinfectant Level.

24. Nanograms per liter.

(12)Special Notice for Repeated Failure to Conduct Monitoring of the Source Water for Cryptosporidium and for Failure to Determine Bin Classification or Mean Cryptosporidium Level.

(a) The owner or operator of a Community or Non-community Water System that is required to monitor source water under 310 CMR 22.20G(2) must notify Persons served by the water system that monitoring has not been completed as specified no later than 30 days after the system has failed to collect any three months of monitoring as specified in 310 CMR 22.20G(2)(c). The notice must be repeated as specified in 310 CMR 22.16(3)(b).

(b) The owner or operator of a Community or Non-community Water System that is required to determine a bin classification under 310 CMR 22.20G(11), or to determine mean Cryptosporidium level under 310 CMR 22.20G(13), must notify Persons served by the water system that the determination has not been made as required no later than 30 days after the system has failed report the determination as specified in 310 CMR 22.20G(11)(e) or 310 CMR 22.20G(13)(a). The notice must be repeated as specified in 310 CMR 22.16(3)(b). The notice is not required if the system is complying with a Department-approved schedule to address the violation.

(c) The form and manner of the public notice must follow the requirements for a Tier 2 Public Notice prescribed in 310 CMR 22.16(3)(c). The public notice must be presented as required in 310 CMR 22.16(5)(c).

(d) The notice must contain the following language, including the language necessary to fill in the blanks.

1. The special notice for repeated failure to conduct monitoring must contain the

following language:

We are required to monitor the source of your drinking water for Cryptosporidium. Results of the monitoring are to be used to determine whether water treatment at the (treatment plant name) is sufficient to adequately remove Cryptosporidium from your drinking water. We are required to complete this monitoring and make this determination by (required bin determination date). We ''did not monitor or test'' or ''did not complete all monitoring or testing'' on schedule and, therefore, we may not be able to determine by the required date what treatment modifications, if any, must be made to ensure adequate Cryptosporidium removal. Missing this deadline may, in turn, jeopardize our ability to have the required

treatment modifications, if any, completed by the deadline required, (date). For more information, please call (name of water system contact) of (name of water system) at (phone number).

2. The special notice for failure to determine bin classification or mean Cryptosporidium level must contain the following language:

We are required to monitor the source of your drinking water for Cryptosporidium in order to determine by (date) whether water treatment at the (treatment plant name) is sufficient to adequately remove Cryptosporidium from your drinking water. We have not made this determination by the required date. Our failure to do this may jeopardize our ability to have the required treatment modifications, if any, completed by the required deadline of (date). For more information, please call (name of water system contact) of (name of water system) at (phone number).

3. Each special notice must also include a description of what the system is doing to correct the violation and when the system expects to return to compliance or resolve the situation.

(13)Special Notice to the Public of Significant Deficiencies or Source Water Fecal Contamination.

(a) In addition to the applicable public notification requirements of 310 CMR 22.16, a community groundwater system that receives notice from the Department of a Significant Deficiency or notification of a fecal indicator positive groundwater source sample that is not invalidated by the Department under 310 CMR 22.26(3)(d) must inform the public served by the water system under 310 CMR 22.16A(8)(g) of the fecal indicator positive source sample or of any Significant Deficiency that has not been corrected. The system must continue to inform the public annually until the Significant Deficiency is corrected or the fecal contamination in the groundwater source is determined by the Department to be corrected under 310 CMR 22.26(4)(a)5.

(b) In addition to the applicable public notification requirements of 310 CMR 22.16, a non-community groundwater system that receives notice from the Department of a Significant Deficiency must inform the public served by the water system in a manner approved by the Department, unless otherwise provided for the system by the Department pursuant to 310 CMR 22.16A, of any Significant Deficiency that has not been corrected within 12 months of being notified by the Department, or earlier if directed by the Department. The system must continue to inform the public annually until the Significant Deficiency is corrected. The information must include:

1. The nature of the Significant Deficiency and the date the Significant Deficiency was identified by the Department;

2. The Department approved plan and schedule for correction of the Significant Deficiency, including interim measures, progress to date, and any interim measures completed; and

3. For systems with a large proportion of non English speaking consumers, as determined by the Department, information in the appropriate language(s) regarding the importance of the notice or a telephone number or address where consumers may contact the system to obtain a translated copy of the notice or assistance in the appropriate language.

(c) If directed by the Department, a Non-community Water System with significant deficiencies that have been corrected must inform its customers of the significant deficiencies, how the deficiencies were corrected, and the dates of correction under 310 CMR 22.26(4)(a)7.b.

310 CMR, § 22.16

Amended by Mass Register Issue 1309, eff. 3/25/2016.

Amended by Mass Register Issue 1427, eff. 10/2/2020.

Amended by Mass Register Issue 1430, eff. 10/2/2020.

Amended by Mass Register Issue 1437, eff. 12/25/2020.