Iowa Admin. Code r. 567-42.1

Current through Register Vol. 47, No. 6, September 18, 2024

Rule 567-42.1 - Public notification

(1)Applicability. Each owner or operator of a public water system must give notice for all violations of public drinking water rules and for other situations, as listed in this subrule. The term "violations" includes violations of, or failure to comply with, the maximum contaminant level, maximum residual disinfection level, treatment technique, monitoring requirements, and testing procedures in 567-Chapters 40 through 43. The term "other situations" includes all situations determined by the department to require a public notice, such as a waterborne disease outbreak or other waterborne emergency; exceedance of the nitrate MCL by noncommunity systems where granted permission by the department under 567-paragraph 41.3(1) "a"; exceedance of fluoride level over 2.0 mg/L; availability of unregulated contaminant monitoring data in accordance with CFR Title 40, Part 141.40, failure to meet the terms of a compliance schedule; exceedance of a health advisory as determined by the department; failure to comply with the public notification requirements, public education requirements, or consumer confidence report requirements; failure to meet the terms of an administrative or court order; failure to meet the data and other reporting requirements; failure to retain a certified operator in accordance with 567-subrule 43.1(5); and any other situation where the department determines public notification is needed. Public notification is not required for ammonia monitoring conducted pursuant to 567-subrule 41.11(2).

a. Types of public notice. 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 are determined by the tier to which it is assigned.

(1) Tier 1 public notice is required for all drinking water 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 is required for all other drinking water violations and situations with potential to have serious adverse effects on human health.

(3) Tier 3 public notice is required for all other drinking water violations and situations not included in Tier 1 or Tier 2.

b. Notification. Each public water system must provide public notice to persons served by the water system, in accordance with this rule. A copy of the notice must also be sent to the department, in accordance with the requirements under paragraph 42.4(1)"c. "

(1) Consecutive systems. 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 or operator of the consecutive system. The consecutive system is responsible for providing public notice to the persons it serves, and must meet the appropriate Tier requirements for the violation.

(2) Systems with multiple physically or hydraulically isolated distribution systems. 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 only to persons served by that portion of the system which is out of compliance. Permission by the department to limit distribution of the notice must be granted in writing.

(2)Tier 1 public notice requirements.

a. Violations and situations which require Tier 1 notice. The following types of violations or situations require Tier 1 public notice:

(1) Violation of the MCL forE. coli, as specified in 567-paragraph 41.2(1)"a. "

(2) Rescinded IAB 4/11/18, effective 5/16/18.

(3) Violation of the MCL for nitrate or nitrite, as defined in 567-subparagraph 41.3(1)"b" (1).

(4) Failure by the water system to collect a confirmation sample within 24 hours of the system's receipt of the first sample result showing an exceedance of the nitrate or nitrite MCL, when directed by the department, as specified in 567-paragraph 41.3(1)"c "(7)"2."

(5) Exceedance of the nitrate MCL by noncommunity water systems, where permitted to exceed the MCL by the department under 567-paragraph 41.3(1) "a, " as required under 42.1(7)"c. "

(6) Violation of the MRDL for chlorine dioxide when one or more samples, taken in the distribution system on the day following an exceedance of the MRDL in the sample collected at the entrance to the distribution system, exceeds the MRDL, as defined in 567-paragraph 43.6(1)"b. "

(7) Failure by the water system to collect the required chlorine dioxide samples in the distribution system on the day following an exceedance of the MRDL in the sample collected at the entrance to the distribution system.

(8) Violation of the treatment technique requirement by a surface water or influenced groundwater public water system resulting from a single exceedance of the maximum allowable turbidity limit, as specified in rule 567-435. (455B), 567-3.9 (455B), or 567-4310. (455B), where the department determines after consultation with the system that a Tier 1 notice is required, or where the consultation with the department does not take place within 24 hours after the system learns of the violation.

(9) Occurrence of a waterborne disease outbreak, as defined in rule 567-402. (455B), or other waterborne emergency, such as a failure or significant interruption in key water treatment processes, a natural disaster that disrupts the water supply or distribution system, or a chemical spill or unexpected loading of possible pathogens into the source water that significantly increases the potential for drinking water contamination.

(10) 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 rules or on a case-by-case basis.

(11) Detection ofE. coli, enterococci, or coliphage in source water samples, as specified in 567-paragraphs 41.7(3) "a" and 41.7(3)"b. "

b. Timing of Tier 1 public notice. Public water systems must:

(1) Provide a public notice as soon as practical but no later than 24 hours after the system learns of the violation;

(2) Initiate consultation with the department as soon as practical, but no later than 24 hours after the system learns of the violation or situation, to determine additional public notice requirements. For consultation with department staff after normal business hours, the system should contact the department via the department's Environmental Emergency Reporting Hotline telephone number (515)725-8694; and

(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. All NTNCs must notify the parent or legal guardian of each child under 18 years of age and of any nursing home resident of the Tier 1 violation as soon as possible and within 72 hours, including the information required in the public notice under subrule 42.1(5).

c. Form and manner of Tier 1 public notice. Public water systems must provide the notice within 24 hours in a form and manner reasonably calculated to reach all persons served. The form and manner used by the public water system must fit the specific situation, and must be designed to reach residential, transient, and nontransient users of the water system. In order to reach all persons served, water systems are to use, at a minimum, one or more of the following forms of delivery. The department may require that multiple forms of notification be used in a specific situation.

(1) Appropriate broadcast media, such as radio or television;

(2) Posting of the notice in conspicuous locations throughout the area served by the water system;

(3) Hand delivery of the notice to persons served by the water system; or

(4) Another delivery method approved in writing by the department.

(3)Tier 2 public notice requirements.

a. Violations and situations which require Tier 2 notice. The following types of violations or situations require Tier 2 public notice:

(1) All violations of the MCL, MRDL, and treatment technique requirements, except where a Tier 1 notice is required under subrule 42.1(2);

(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;

(3) Failure to comply with the requirements of any compliance schedule prescribed in an operation permit, administrative order, or court order pursuant to 567-subrule 43.2(5);

(4) Failure to comply with a health advisory as determined by the department; and

(5) Failure to take corrective action or failure to maintain at least 4-log treatment of viruses (using inactivation, removal, or a department-approved combination of 4-log virus inactivation and removal) before or at the first customer under 567-paragraph 41.7(4)"a. "

b. Timing of Tier 2 public notice. Public water systems must:

(1) Provide the initial public notice as soon as practical, but no later than 30 days after the system learns of the violation. If the public notice is posted, the notice must remain in place for as long as the violation or situation persists, but in no case for less than 7 days, even if the violation or situation is resolved. The department may allow additional time for the initial notice of up to three months from the date the system learns of the violation; however, such an extension must be on a case-by-case basis and be made in writing by the department.

(2) The public water system must repeat the notice every three months as long as the violation or situation persists, unless the department determines that appropriate circumstances warrant a different repeat frequency. If the department determines that a repeat notice frequency of longer than every three months is allowed, that decision must be made in writing by the department and must be on a case-by-case basis. In no circumstance may the repeat notice be given less frequently than once per year. Repeat notices for a coliform bacteria MCL, a treatment technique violation under 567-paragraph 41.2(1)"a" or 41.2(1)"l, " or a turbidity treatment technique violation under rule 567-439. (455B) or 567-4310. (455B) must be made every three months or more frequently.

(3) A public water system using surface water or influenced groundwater with a treatment technique violation resulting from a single exceedance of the maximum allowable turbidity limit pursuant to 567-439. (455B) or 567-4310. (455B) must 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 or Tier 2 public notice is required to protect public health. For consultation with department staff after normal business hours, the system should contact the department via the department's Environmental Emergency Reporting Hotline telephone number (515)725-8694. If the consultation does not occur within the 24-hour period, the public water system must distribute a Tier 1 notice of the violation within the next 24 hours, or no later than 48 hours after the system learns of the violation, following the requirements of paragraphs 42.1(2) "b" and 42.1(2)"c. "

c. Form andmanner of Tier 2 public notice. Public water systems must 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 public water system, but it must at a minimum meet the following requirements:

(1) Community water systems must provide notice by the following methods, unless directed otherwise in writing by the department:

1. 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

2. Any other method reasonably calculated to reach other persons regularly served by the system, if they would not normally be reached by mail or direct delivery. Such persons may include those who do not pay water bills or do not have service connection addresses, such as house renters, apartment dwellers, university students, nursing home patients, or prison inmates. Other methods may include:

* Publication in a local newspaper;

* Delivery of multiple copies for distribution by customers that provide their drinking water to others, such as apartment building owners or large private employers;

* Posting in public places served by the system or on the Internet; or

* Delivery of the notice to community organizations.

(2) Noncommunity water systems (TNC and NTNC) must provide notice by the following methods, unless directed otherwise in writing by the department:

1. 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

2. Any other method reasonably calculated to reach other persons served by the system who would not normally be reached by posting, mail, or direct delivery. Such persons may include those served who may not see a posted notice because the posted notice is not in a location they routinely visit. Other methods may include:

* Publication in a local newspaper or newsletter distribution to customers;

* Use of electronic mail (email) to notify employees or students; or

* Delivery of multiple copies in central locations, such as community centers.

3. In addition to the requirements in 42.1(3)"c "(2)"1" and "2," nontransient noncommunity public water systems that serve children under 18 years of age, such as child care facilities, schools, and hospitals, or nursing home residents, including elder care facilities, shall provide the public notice in writing to the parent or legal guardian of each person within the time period specified by the department. The content of the public notice must meet the requirements of subrule 42.1(5).

(4)Tier 3 public notice requirements.

a. Violations and situations which require Tier 3 notice. The following types of violations or situations require Tier 3 public notice:

(1) Monitoring violations under 567-Chapters 41, 42, and 43, except where a Tier 1 notice is required under subrule 42.1(2) or where the department determines that a Tier 2 notice is required;

(2) Failure to comply with a testing procedure established in 567-Chapters 41,42, and 43, except where a Tier 1 notice is required under subrule 42.1(2) or where the department determines that a Tier 2 notice is required;

(3) Availability of unregulated contaminant monitoring results, as required of certain public water supply systems by CFR Title 40, Part 141.40, as required under paragraph 42.1(7)"a";

(4) Exceedance of the fluoride level of 2.0 mg/L and not exceeding the MCL of 4.0 mg/L, as required under paragraph 42.1(7)"b ";

(5) Failure to report data or analytical results required under 567-Chapters 41, 42, and 43 to the department;

(6) Failure to meet the requirements of this chapter for public notification, public education, or the development and distribution of the Consumer Confidence Report;

(7) Failure to retain a certified operator in accordance with 567-subrule 43.1(5) and the department determines that public notification is required;

(8) Failure to maintain records required under 567-Chapters 41, 42, and 43; and

(9) Any other situation where the department determines public notification is needed.

b. Timing of Tier 3 public notice.

(1) Initial notice.

1. For violations or situations listed in subparagraphs 42.1 (4)"a "(1), (2), (5), and (6), public water systems must provide the initial public notice within 12 months after the public water system learns of the violation or situation. If the violation pertains to a contaminant that could have acute health effects as determined by the department, such as coliform bacteria, nitrate, nitrite, or turbidity, the initial public notice must be provided within 3 months. If the public notice is posted, the notice must remain in place for as long as the violation or other situation persists, but in no case less than seven days, even if the violation or situation is resolved.

2. For availability of unregulated contaminant monitoring results pursuant to subparagraph 42.1(4)"a "(3), the system must provide the initial public notice within 12 months of receiving the unregulated contaminant monitoring results.

3. For subparagraphs 42.1(4)"a" (4), (7), and (8), the timing of the initial notice is at the discretion of the department, but the notice must be made within 12 months of the violation or situation.

(2) Repeat notice.

1. For violations or situations listed in subparagraphs 42.1(4) "a"(1), (2), (4), (5), and (6), public water systems must repeat the public notice every 12 months in which the violation or situation persists. If the violation pertains to a contaminant that could have acute health effects, such as coliform bacteria, nitrate, nitrite, or turbidity, the system must repeat the public notice every 3 months in which the violation or situation persists. If the public notice is posted, the notice must remain in place for as long as the violation or other situation persists, but in no case less than seven days, even if the violation or situation is resolved.

2. For availability of unregulated contaminant monitoring results pursuant to subparagraph 42.1(4)"a "(3), the system is not required to repeat the public notice, once the initial public notice requirement has been met.

3. For subparagraphs 42.1(4)"a" (4), (7), and (8), the requirement for and timing of the repeat notice is at the discretion of the department and, if required, the notice must be made within 12 months of the initial notice.

c. Form and manner of Tier 3 public notice. Public water systems must provide the initial 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 must at a minimum meet the following requirements:

(1) Community water systems. Unless directed otherwise in writing by the department, community water systems must provide notice by:

1. 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

2. Any other method reasonably calculated to reach other persons regularly served by the system, if they would not normally be reached by mail or direct delivery notice. Such persons may include those who do not pay water bills or do not have service connection addresses, such as house renters, apartment dwellers, university students, nursing home patients, or prison inmates. Other methods may include:

* Publication in a local newspaper;

* Delivery of multiple copies for distribution by customers that provide their drinking water to others, such as apartment building owners or large private employers;

* Posting in public places or on the Internet; or

* Delivery of the notice to community organizations.

3. Use of the Consumer Confidence Report for initial and repeat notices. For community water systems, the Consumer Confidence Report (CCR) required under 567-423. (455B) may be used as a vehicle for the initial Tier 3 public notice and all required repeat notices, as long as:

* The CCR is provided to persons served within the time frames specified in 42.1(4)"b ";

* The Tier 3 notice contained in the CCR follows the content requirements under 42.1(5); and

* The CCR is distributed following the delivery requirements under 42.1(4)"c "(1) and (2).

(2) Noncommunity systems (TNC and NTNC). Unless directed otherwise in writing by the department, noncommunity water systems must provide notice by:

1. 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

2. Any other method reasonably calculated to reach other persons served by the system, if they would not normally be reached by the posted, mailed, or delivered notice. Such persons may include those who may not see a posted notice because the notice is not in a location they routinely visit. Other methods may include:

* Publication in a local newspaper or newsletter distributed to employees;

* Use of electronic mail (email) to notify employees or students; or

* Delivery of multiple copies in central locations, such as community centers.

(5)Content of the public notice.

a. Required public notice elements. Each public notice must include the following elements:

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

(2) When the violation or situation occurred;

(3) Any potential adverse health effects from the violation or situation, including the standard language under subparagraph 42.1(5) "c "(1) or (2), whichever is applicable;

(4) The population at risk, including subpopulations particularly vulnerable if exposed to the contaminant in their drinking water;

(5) Whether alternative water supplies or bottled water should be used, or require a boil-water order;

(6) What actions consumers should take, including when they should seek medical help, if known;

(7) What the system is doing to correct the violation or situation;

(8) When the water system expects to return to compliance or resolve the situation;

(9) The name, business address, and telephone number of the water system owner, operator, or designee of the public water system as a source of additional information concerning the notice; and

(10) A statement to encourage the notice recipient to distribute the public notice to other persons served, using the standard language under subparagraph 42.1(5)"c "(3), where applicable.

b. Appearance and presentation of the public notice.

(1) Each public notice must:

1. Be displayed in a conspicuous way when printed or posted;

2. Not contain overly technical language or very small print;

3. Not be formatted in a way that defeats the purpose of the notice; and

4. Not contain language that nullifies the purpose of the notice.

(2) Each public notice must comply with multilingual requirements, as follows:

1. For public water systems serving a large proportion of non-English speaking consumers, as determined by the department, the public notice must contain information in the appropriate language(s) about the importance of the notice. Alternately, the public notice must 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.

2. In cases where the department has not determined what constitutes a large proportion of non-English speaking consumers, the public water system must include in the public notice the same information as in 42.1(5)"b" (2)" 1," where appropriate, to reach a large proportion of non-English speaking persons served by the water system.

c. Standard language requirements. Public water systems are required to include the following standard language in their public notice:

(1) Standard language about health effects for MCL violations, MRDL violations, or treatment technique violations. Public water systems must include in each public notice the language about health effects specified in Appendix A for the specific contaminant, disinfectant residual, or treatment technique that incurred the violation.

(2) Standard language for monitoring and testing procedure violations. Public water systems must include the following language in their notice, including the bracketed language necessary to complete the notice, for all monitoring and testing procedure violations:

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 [use either the phrase "did not monitor or test" or "did not complete all monitoring or testing," whichever is more applicable] 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. Public water systems must 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, such as 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. Community water systems. Community water systems must give a copy of the most recent public notice for any continuing violation 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. Noncommunity water systems. Noncommunity water systems must continuously post the public notice in conspicuous locations in order to inform new consumers of any continuing violation or other situation requiring a public notice for as long as the violation or other situation persists.

(7)Special notices.

a. Availability of unregulated contaminant monitoring results.

(1) Applicability. The owner or operator of a community water system or nontransient noncommunity water system required to monitor under the federal unregulated contaminant monitoring rule must 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.

(2) Form and manner of notice. The form and manner of the public notice must follow the requirements for a Tier 3 public notice prescribed in paragraph 42.1(4)"c." The notice must also identify a person and provide the telephone number to contact for information on the monitoring results.

b. Fluoride level between 2.0 and 4.0 mg/L at community or nontransient noncommunity water systems.

(1) Applicability. Community and nontransient noncommunity water systems that exceed the fluoride level of 2.0 mg/L as determined by the last single sample taken in accordance with 567-paragraph 41.3(1)"c " but do not exceed the MCL of 4.0 mg/L, must provide the public notice in subparagraph 42.1(7)"b" (5) to persons served. If the nontransient noncommunity public water system is a school or child care facility that serves children under nine years of age, the public water system shall provide the public notice in writing to the legal guardians of each child within the time period specified by the department.

(2) Initial notice. Public notice must be provided as soon as practical but no later than three months from the day the water system learns of the exceedance. A copy of the notice must also be sent to all new billing units and new customers at the time service begins and to the Public Health Dental Director, Iowa Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319-0075.

(3) Repeat notice. The public water system must repeat the notice at least every three months for as long as the fluoride level exceeds 2.0 mg/L. If the public notice is posted, the notice must remain in place for as long as the fluoride level exceeds 2.0 mg/L, but in no case less than seven days (even if the exceedance is eliminated). The department may require the repeat notice to be conducted more frequently.

(4) Form and manner of notice. The form and manner of the public notice, including repeat notices, must follow the requirements for a Tier 3 public notice in paragraph 42.1(4)"c. "

(5) Mandatory language. The notice must contain the following language, including the bracketed language necessary to complete the notice:

This is an alert about your drinking water and a cosmetic dental problem that might affect children under nine years of age. At low levels, fluoride can help prevent cavities, but children drinking water containing more than 2 milligrams per liter (mg/L) of fluoride may develop cosmetic discoloration of their permanent teeth, called dental fluorosis. The drinking water provided by your public water system [PWS name] has a fluoride concentration of [analytical result] mg/L.

Dental fluorosis, in its moderate or severe forms, may result in a brown staining and pitting of the permanent teeth. This problem occurs only in developing teeth, before they erupt from the gums. Children under nine 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 4.0 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 4.0 mg/L of fluoride, but we are required to notify you when we discover that the fluoride levels in your drinking water exceed 2.0 mg/L because of this cosmetic dental problem.

For more information, please call [name of the person designated as the water system contact] of [name of public water system] at [telephone number]. Some home water treatment units are also available to remove fluoride from drinking water. In Iowa, home water treatment units are regulated under 641-Chapter 14, with the water treatment unit registration program administered by the Iowa department of public health's environmental health division. In addition, you may call the National Sanitation Foundation (NSF) International, at 1-877-867-3435.

c. Nitrate level between 10 and 20 mg/L for noncommunity water systems, where allowed by the department.

(1) Applicability. The owner or operator of a noncommunity water system granted permission by the department under 567-paragraph 41.3(1)"a " to exceed the nitrate MCL must provide notice to persons served according to the requirements for a Tier 1 notice under paragraphs 42.1 (2)"a " and"b. "

(2) Form and manner of notice. Noncommunity water systems granted permission by the department to exceed the nitrate MCL under 567-paragraph 41.3(1)"a" must provide continuous posting of the fact that nitrate levels exceed 10 mg/L and the potential health effects of exposure, according to the requirements for Tier 1 notice delivery under paragraph 42.1(2)"c " and the content requirements under subrule 42.1(5).

d. Repeated failure to conduct monitoring of the source water for Cryptosporidium.

(1) Applicability. The owner or operator of any public water system that is required to monitor source water under 567-4311. (455B) 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 samples in any three months of monitoring as specified in 567-paragraph 43.11(3) "a. " The notice must be repeated as specified in 42.1(3).

(2) Form and manner of notice. The form and manner of the special notice must follow the Tier 2 public notice requirements in 42.1(3) and be presented as required in 42.1(5)"b. "

(3) Mandatory language. The special notice must contain the following language, including the language necessary to fill in the brackets.

"We are required to monitor the source of your drinking water forCryptosporidium. Results of the monitoring are to be used to determine whether water treatment at the [treatment plant name] is sufficient to adequately removeCryptosporidium 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 adequateCryptosporidium removal. Missing this deadline may, in turn, 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 [telephone number]."

(4) 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.

e. Failure to determine bin classification or mean Cryptosporidium level.

(1) Applicability. The owner or operator of a public water system that is required to determine a bin classification under 567-subrule 43.11(5) 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 to report the determination as specified in 567-paragraph 43.11(5)"c. " The notice must be repeated as specified in 42.1(3). The notice is not required if the system is in compliance with a department-approved schedule to address the violation.

(2) Form and manner of notice. The form and manner of the special notice must follow the Tier 2 public notice requirements in 42.1(3) and be presented as required in 42.1(5)"b. "

(3) Mandatory language. The special notice must contain the following language, including the language necessary to fill in the brackets.

"We are required to monitor the source of your drinking water forCryptosporidium in order to determine by [date] whether water treatment at the [treatment plant name] is sufficient to adequately removeCryptosporidium 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 [telephone number]."

(4) 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.

(8)Notice by department on behalf of the public water system. The department may give the public notice on behalf of the owner or operator of the public water system if the department complies with the public notification requirements of this rule. However, the owner or operator of the public water system remains responsible for ensuring the public notification requirements of this rule are met.

(9)Public notice requirements in the operation permit compliance schedule. When the department determines that a public water supply system cannot promptly comply with one or more maximum contaminant levels pursuant to 567-Chapter 41, and that there is no immediate, unreasonable risk to the health of persons served by the system, an operation permit will be drafted that may include interim contaminant levels or a compliance schedule. The permit applicant may be required by the department to present the reasons the system cannot come into immediate compliance. Prior to issuance of a final permit, notice and opportunity for public participation must be given in accordance with this subrule. The notice shall be circulated in a manner designed to inform interested and potentially interested persons of any proposed interim contaminant level or compliance schedule.

a. Preparation of notice. The public notice shall be prepared by the department and circulated by the applicant within its geographical area through publication in a local newspaper with general circulation or through mail or direct delivery to the system's customers. The public notice shall be mailed by the department to any person upon request.

b. Public comment period. The department shall provide a period of at least 30 days following the date of the public notice during which time interested persons may submit their written views on the tentative determinations with respect to the operation permit. All written comments submitted during the 30-day comment period shall be retained by the department and considered in the formulation of the department's final determination with respect to the operation permit. The department may extend the comment period.

c. Content of notice. The content of the public notice of a proposed operation permit shall include at least the following:

(1) The name, address, and telephone number of the department.

(2) The name and address of the applicant.

(3) A statement of the department's tentative determination to issue the operation permit.

(4) A brief description of each applicant's water supply operations which necessitate the proposed permit conditions.

(5) A brief description of the procedures for the formulation of final determinations, including the 30-day comment period required by 42.1(9) "b "

(6) The right to request a public hearing pursuant to 42.1(9)"d " and any other means by which interested persons may influence or comment upon those determinations.

(7) The address and telephone number of places at which interested persons may obtain further information, request a copy of the proposed operation permit prepared pursuant to 42.1(9), and inspect and copy the application forms and related documents.

d. Public hearings on proposed operation permits. The applicant or any interested agency, person or group of persons may request or petition for a public hearing with respect to the proposed action. Any such request shall clearly state issues and topics to be addressed at the hearing. Any such request or petition for public hearing must be filed with the department within the 30-day period prescribed in 42.1(9)"b " and shall indicate the interest of the party filing such request and the reasons why a hearing is warranted. The department shall hold an informal and noncontested case hearing if there is a significant public interest (including the filing of requests or petitions for such hearing) in holding such a hearing. Frivolous or insubstantial hearing requests may be denied by the department. Instances of doubt should be resolved in favor of holding the hearing. Any hearing held pursuant to this subrule shall be held in the geographical area of the system, or other appropriate area at the discretion of the department. The department may, as appropriate, consider related groups of permit applications at the hearing.

e.Public notice of public hearings.

(1) Public notice of any hearing held pursuant to 42.1(9) shall be circulated at least as widely as the notice under 42.1(9) "a" at least 30 days in advance of the hearing.

(2) The contents of the public notice of any hearing held pursuant to 42.1(9) shall include at least the following:

1. The name, address, and telephone number of the department;

2. The name and address of each applicant whose application will be considered at the hearing;

3. A brief reference to the public notice previously issued, including identification number and date of issuance;

4. Information regarding the time and location for the hearing;

5. The purpose of the hearing;

6. A concise statement of the issues raised by the person requesting the hearing;

7. The address and telephone number of the premises where interested persons may obtain further information, request a copy of the draft operation permit or modification prepared pursuant to 42.1(9), and inspect and copy the application forms and related documents; and

8. A brief description of the nature of the hearing, including the rules and procedures to be followed.

f.Decision by the department. The department shall issue or deny the operation permit within 30 days after the termination of the public hearing held pursuant to 42.1(9), or, if no public hearing is held, within 30 days after the termination of the period for requesting a hearing.

Iowa Admin. Code r. 567-42.1

ARC 9915B, IAB 12/14/11, effective 1/18/12

Amended by IAB April 11, 2018/Volume XL, Number 21, effective 5/16/2018