La. Admin. Code tit. 51 § XII-1905

Current through Register Vol. 50, No. 9, September 20, 2024

Section XII-1905 - Tier 1 Public Notice

A. Delivery. When a Tier 1 public notice is required under the National Primary Drinking Water Regulations, §913, §1139 B, or §1317.A.1 of this Part, and after consultation with the Office of Public Health (see Subsection C of this Section for after-hours contact procedures), the public water system shall, unless directed otherwise by the Office of Public Health in writing, furnish a notice to customers via broadcast media (such as radio and television stations) and daily newspapers serving the area as soon as possible but not later than 24 hours after the public water system learns of the violation or situation. The public water system shall also ensure that the actual public notice prepared by the water system is published in a daily or weekly newspaper serving the area as soon as possible but no later than 48 hours after the violation or failure.

EXCEPTION: When furnishing a notice to radio and television stations, newspaper notice, or mailing is deemed not feasible for a non-community water system, continuous posting (in conspicuous places within the area served by the system) and, if available, e-mailing (to students or employees, for example) may be substituted. The notice shall remain posted for a minimum of at least 7 days.

B. Immediate Certification of Completion of 24 hour Notification. As soon as possible, but not later than 24 hours after providing public notice to the broadcast media and daily newspapers as required under §1905 A, the public water system shall deliver or fax a completed public notice certification form (including a copy of the actual public notice provided) to the Office of Public Health's District Engineering Services Section office which oversees the water system. The purpose of this form is for the water system to confirm to the Office of Public Health that Tier 1 public notice has been completed. Should the Office of Public Health's District Engineering Services Section office fail to receive the completed public notice certification form within 24 hours after the system should have completed providing the Tier 1 public notice, the Office of Public Health is authorized to issue Tier 1 public notice directly to the broadcast media and newspapers and to take other measures to ensure that the public is notified. The owner or operator of the public water system remains responsible for ensuring that the requirements of this Chapter are met.

C. Consultation/Certification with the Office of Public Health during weekends and state holidays and other times of office closure. Should the need for consultation with and/or the need to provide certification to the Office of Public Health occur during a weekend, state holiday, or other times of state office closure, the public water system shall contact the Office of Public Health's Safe Drinking Water Program via BlackBerry (or equivalent smartphone) by e-mail communication to: "safe.water@la.gov". Besides stating the need to consult with and/or the need to provide certification to the Office of Public Health, the e-mail message should additionally provide the name of the public water system, the Office of Public Health PWS ID # (for example, PWS ID #1095009) which has been assigned to identify your water system, the name of the person sending the e-mail communication, and a telephone number (with area code) so that a Safe Drinking Water Program staff member can in turn speak with whoever sent the e-mail. [In most cases, it is expected that your own district or regional engineer will be returning the call (even when the office is closed) in order to consult directly with you on your problem or situation.]

La. Admin. Code tit. 51, § XII-1905

Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 35:486 (March 2009), Amended by the Department of Health, Office of Public Health, LR 481104 (4/1/2022).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:4(A)(8) and 40:5(2)(3)(5)(6)(17)(20).