Public Notification

Tier 1 Violations and Other Situations Requiring Notice Within 24 Hours

1. Violation of the E. coli MCL when one of the following occurs:
   • The system has an E. coli-positive check sample following a total coliform-positive routine sample.
   • The system has a total coliform-positive check sample following an E. coli-positive routine sample.
   • The system fails to take all required check samples following an E. coli-positive routine sample.
   • The system fails to test for E. coli when any check sample tests postive for total coliform.
2. Violation of the MCL for nitrate, nitrite, or total nitrate and nitrite or when the water supplier fails to take a confirmation sample within 24 hours of the system's receipt of the first sample showing an exceedance of the nitrate or nitrite MCL.
3. Exceedance of the nitrate MCL by noncommunity water systems when permitted by the Department in writing to operate under an Alternate Nitrate Level.
4. Violations of the MRDL for chlorine dioxide when one or more of the 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 supplier does not take the required samples in the distribution system.
5. Violation of the turbidity MCL of 5 NTU based on an average for 2 consecutive days by a public water system using an unfiltered surface water source.
6. Violation of a treatment technique requirement for pathogenic bacteria, viruses and protozoan cysts resulting from:
   • A single exceedance of the maximum allowable turbidity limit
   • A failure to meet the minimum log inactivation for more than 4 hours.
   • A failure to maintain the minimum entry point residual disinfection concentration for more than 4 hours and either of the following:
     • A failure to calculate the log inactivation every 4 hours until the residual disinfectant concentration at the entry point is at or above the minimum value.
     • A failure to meet the minimum log inactivation for more than 4 hours.
7. Violation of a treatment technique requirement for Cryptosporidium , resulting from a failure to provide the level of treatment appropriate for the system's bin classification.
8. Detection of E. coli in source water samples.
9. A breakdown in treatment for groundwater sources.
10. Occurrence of a waterborne disease outbreak or other emergency that adversely affects the quality or quantity of the finished water and has a significant potential to have serious adverse effects on human health as a result of short-term exposure.
11. 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 on a case-by-case basis.

Tier 2 Violations Requiring Notice Within 30 Days

1. All violations of the primary MCL, MRDL, treatment technique requirements, and failure to take corrective action, except where Tier 1 notice is required or when the Department determines that a Tier 1 notice is required.
2. Violations relating to monitoring requirements, lead and copper, and additional requirements for groundwater sources, when 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.
3. Failure to comply with the terms and conditions of any variance or exemption in place.
4. Other violations or situations determined by the Department to require a Tier 2 public notice, taking into account potential chronic health impacts and persistence of the violation.

Tier 3 Violations and Other Situations Requiring Notice Within 1 Year

1. Monitoring violations, except when a Tier 1 notice is required or when the Department determines that a Tier 2 notice is required.
2. Reporting and record maintenance violations for systems recycling their waste streams.
3. Operation under a variance or an exemption granted.
4. Availability of unregulated contaminant monitoring results.
5. Failure to report an E. coli MCL violation or an E. coli-positive routine or check sample.
6. Failure to submit a completed assessment form.
7. Failure to submit certification of completion of a Department-approved start-up procedure by a seasonal system.

Table describes the delivery deadlines and methods suppliers can use for each Tier type.

Requirements for Issuing Public Notice

Notes:

• If a water supplier sends a Public Notice via email or an automatic telephone dialing system and the supplier is notified that the message failed to reach the customer (i.e., it bounced back) the water supplier needs to send the public notice by mail or an approved alternative means within the required timeframe.
• DEP may approve other methods.
• For Tier 1, systems must also initiate consultation with DEP within 24 hours and issue a "Problem Corrected" notice within 24 hours of correcting the problem.
• DEP recommends consolidating all Tier 3 violations/situations occurring within a given year into an annual notice.

1. Determine what tier the violation or situation falls into.
2. Report to DEP within one (1) hour (for Tier 1 violations/situations and Tier 2 violations involving an MCL, MRDL or TT violation).
3. Consult with DEP within 24 hours (for Tier 1 violations/situations).
4. Determine the appropriate method (s) of delivery.
5. Develop the notice, modifying the templates as needed.
6. Provide the notice as soon as possible, but within the required time frame.
7. For Tier 1 PNs, provide a "Problem Corrected" notice within 24 hours of the problem being corrected/resolved.
8. Send a copy of each notice issued (including repeat notices) to DEP within ten (10) days, along with a certification that all PN requirements have been met.

The PN Certification form fulfills the certification requirements for PN. It must be submitted to DEP within 10 days of the required PN delivery time frame.

PWSs must integrate planning for PN into their ERP and O&M Plans. When a serious violation, waterborne disease outbreak, or other emergency occurs, PWSs will already have an established decision process and chain of command. Preparatory steps must include the following:

• Identification of probable emergency situations and alternative solutions to respond.
• PN program that includes:
  • PN templates.
  • Explanation of appropriate methods of delivery.
  • EPA contaminant table, when available.
• Procedures for 24/7 communications and coordination with the local DEP office and emergency management agency.
• Procedures for notifying additional recipients.
• Access to an alternative source of drinking water (i.e., emergency interconnection, bulk hauling capability, bottled water).

In order to determine what constitutes a drinking water treatment chemical overfeed, water suppliers will need NSF Standard 60 maximum use values for each drinking water treatment chemical they use. When using the NSF database, remember that maximum use values are specific to the chemical manufacturer.

When a water supplier discovers that a treatment chemical has been overfed, they must notify DEP within one hour to report their appropriate responses and to determine whether PN should be issued.

All Tier 1 PN Notices are in DEP's eLibrary. Click on the links below to view each Tier 1 document. 

The PA Department of Agriculture uses this practical guide (PDF) for retail grocery and food service establishments to plan and respond to emergencies that create the potential for an imminent health hazard.

All Tier 2 PN Notices are in DEP's eLibrary. Click on the links below to view each Tier 2 document. 

All Tier 3 PN Notices are in DEP's eLibrary. Click on the links below to view each Tier 3 document. 

Contaminant specific health effects language required to be included in public notices.

Click on the links to view each document in the DEP eLibrary.

Effective May 10, 2010, water suppliers will be required to provide Tier 1 public notices to each service connection within 24 hours. View the Considerations when Purchasing Telephone Dialing Services (PDF) to review some considerations when purchasing telephone dialing system services.

Policy for Determining When Loss of Positive Pressure Situations in the Distribution System Require One-Hour Reporting to the Department and Issuing Tier 1 Public Notification (PDF) (383-2129-003) -- DEP's technical guidance for evaluating and responding to possible contamination of water distribution systems during loss of positive pressure situations. This guidance includes the criteria for one hour reporting and Tier 1 Public Notification.

Policy for Issuing and Removing Water Supply Warnings (PDF) (383-2129-005) -- DEP's technical guidance for issuing and removing water supply warnings. This guidance includes EPA's health advisory levels and acute health effects language. Water suppliers are required to insert acute health effects language into a Tier 1 PN when EPA health advisory levels are exceeded.

PN Handbook for Community Water Systems (PDF) -- DEP's comprehensive handbook that describes all public notice requirements including the PN revisions that were published in the PA Bulletin on 05/09/09.

2018 Edition of the Drinking Water Standards and Health Advisories -- U.S. Environmental Protection Agency.

PA DEP Public Notification Revisions Regulations Final Rulemaking (5/9/09) -- PN Revisions Final Rulemaking was published in the PA Bulletin on 05/09/09. The Chapter 109 rule revisions are effective May 9, 2009 except those published under 109.408(d) (New direct delivery requirements for Tier 1 public notices) which will become effective May 10, 2010.

2010 PN Revisions Training Workbook (PDF) -- This workbook contains the course material from the 2010 PN Revisions course for water suppliers.

2010 PN Revisions Training Q&A (Word) -- This document summarizes specific questions DEP received during the 19 PN Revisions training sessions that occurred in 2010.