Rule 391-3-5-.32 - Public Notification(1)Public Notification Requirements. 40 CFR, Part 141, Subpart Q §§ 141.201 through 141.210, including Appendices A, B and C to subpart Q of Part 141, is hereby incorporated by reference. Any amendments to any part of the appendices in 40 CFR, Subpart Q are hereby incorporated by reference. If a community or non-community water system fails to comply with an applicable primary maximum contaminant level or maximum residual disinfectant level established in Rule 391-3-5-.18; fails to comply when applicable with the secondary maximum contaminant level for fluoride established in Rule 391-3-5-.19; fails to comply with an applicable testing procedure established in Rules 391-3-5-.20, .21, .22, .23, .24, .25, .27, .52, .53, .54, or .55; is granted a variance or an exemption from an applicable maximum contaminant level; fails to comply with the requirements of any schedule prescribed pursuant to a variance or exemption; or fails to comply with any treatment technique requirement specified by the Director; or fails to perform any monitoring or reporting required pursuant to Rules 391-3-5-.20, .21, .22, .23, .24, .25, .26, .27, .30, .52, .53, .54, and .55; the supplier of water shall notify persons (including the mandatory health effects language) served by the system as required in 40 CFR, Part 141, Subpart Q. Other situations that require public notification include: occurrence of waterborne disease outbreak or other waterborne emergency; availability of unregulated contaminant monitoring data; detection of E. Coli in source water samples collected under Rule 391-3-5-.54(3); exceedance of the nitrate MCL by non-community water systems, where granted permission by the Division in accordance with Rule 391-3-5-.18(1)(b); and other situations not already listed and determined by EPD to require a public notice. The public water system, within ten (10) days of completing the public notification requirements under 40 CFR, Parts 141, Subpart Q for the initial public notice and any repeat notices, must submit to the Division a certification that it has fully complied with the public notification regulations. The public water system must include with this certification a representative copy of each type of notice distributed, published, posted, and made available to the persons served by the system and to the media.(2)Public Notification of Lead Contamination. The owner or operator of each community water system and each non-transient, non-community water system shall issue notice, in accordance with 40 CFR, Part 141.34, to persons served by the system that may be affected by lead contamination of their drinking water. The owner or operator shall provide notice under this rule even if there is no violation of the national primary drinking water regulation for lead.(3)Provide Notice Prior to New Service. The owner or operator of a community or non-community water system must deliver a copy of the most recent public notice for any outstanding violation of any maximum contaminant level, any maximum residual disinfectant level, any treatment technique requirement, any monitoring or reporting requirement, any variance or exemption schedule and other situations requiring public notice to all new consumers at the time service begins. The owner or operator of a non-community water system shall continuously post such public notice in conspicuous locations to inform new consumers for as long as the situation persists.(4)Cryptosporidium Public Notice. Special public notice for repeated failure to conduct monitoring of the source water for Cryptosporidium and for failure to determine bin classification or mean Cryptosporidium level: 40 CFR, Subpart Q § 141.211, in its entirety, including Appendix A, is hereby incorporated by reference. The specified mandatory language must be included in the special notice.(5)Non-Applicability. Any reference to public notification requirements in 40 CFR 141.32 is not applicable.Ga. Comp. R. & Regs. R. 391-3-5-.32
O.C.G.A. § 12-5-170 et seq.
Original Rule entitled "Requirements for a Variance" adopted. F. July 5, 1977; eff. July 26, 1977, as specified by Rule 391-3-5-.47.Repealed: New Rule entitled "Public Notification" adopted. F. May 12, 1989; eff. June 1, 1989.Amended: F. Dec. 4, 1990; eff. Dec. 24, 1990.Repealed: New Rule of same title adopted. F. June 25, 1992; eff. July 15, 1992.Amended: F. Sept. 29, 2000; eff. Oct. 19, 2000.Amended: F. June 8, 2001; eff. June 28, 2001.Amended: F. Dec. 10, 2002; eff. Dec. 30, 2002.Amended: F. May 27, 2009; eff. June 16, 2009.Amended: New title "Public Notification. Amended." F. Jan. 8, 2014; eff. Jan. 28, 2014.Amended: New title "Public Notification." F. Apr. 22, 2021; eff. May 12, 2021.