Consumer advisories provide pertinent, important health effects information to the public regarding their drinking water.

Consumer advisories cover microbiological as well as chemical contamination in addition to other information of concern.  In practice, the majority of consumer advisories are “boil water advisories.”  

The guidance document for consumer advisories and boil water advisories may be downloaded below.  Refer to the guidance document on when to issue an advisory.

DEFINITIONS: 401 KAR 8:010 Definitions for 401 KAR Chapter 8.

A consumer advisory means a notice to the consuming public through radio, television, direct mail, electronic mail, posting, newspaper or other media to convey in the quickest and most effective manner possible [401 KAR 8:010 Section 1(24)]:

1. Information that the water provided by a system may cause adverse human health effects if consumed and what action the public is advised to take; or
2. Other information that the public needs to know about its water.

A boil water advisory means a type of consumer advisory that provides notice to the consuming public through radio, television, direct mail, electronic mail, posting, newspaper or other media and that conveys in the quickest and most effective manner possible [401 KAR 8:010 Section 1(7)]:

1. Information that water provided by a system may cause adverse human health effects due to possible biological contamination if consumed, unless it is first boiled for three minutes at a rolling boil; and
2. What action to take.

REGULATIONS:

Consumer and Boil Water Advisory Requirements:  401 KAR 8:020 Section 2(9): 

Public water systems and semipublic water systems may issue boil water advisories if the system believes an advisory is warranted.

The Environmental and Public Protection Cabinet may direct that a boil water advisory be issued when confirmed positive bacteriological sample results have been received (including E. coli or fecal coliform) or conditions exist within a water system that indicate a possible adverse health effect from the consumption of the water distributed by the system.

The cabinet may issue a consumer advisory if conditions exist within a water system that indicate a possible adverse health effect from the consumption of water by the public or when other information of interest to the consumer needs to be communicated.

Line Break Reporting Requirements and Disinfection of Repaired Water Lines: 401 KAR 8:150 Section 4:

1. A public water system shall notify the cabinet immediately if it experiences a loss of pressure below 20 pounds per square inch (psi) in the area surrounding the break or if line breaks require more than eight hours to repair.  These reports are not required if the loss of pressure or line break occurs in a service line serving a single family residence.  NOTE:  The eight hours begin when the system becomes aware of the break.
2. Community and nontransient noncommunity public water systems shall maintain a log of all breaks or ruptures which includes:
   • Location of the break or rupture,
   • Date and time it was discovered,
   • Population affected,
   • Length of time required to repair,
   • Date and time disinfectant residuals are detected,
   • Date and time bacteriological samples are taken, and
   • Results of bacteriological tests.

The log shall be available for inspection by the cabinet.  The public water system is NOT required to report all line breaks and ruptures to the cabinet, only those that meet the criteria in #1 above.

Emergency Repairs:  401 KAR 8:150 Section 4(2):

For line repairs due to breaks or ruptures, the system shall thoroughly flush the break area and maintain at least a minimum detectable disinfectant residual (depending upon type of disinfectant used).

Public water systems may leave the line in service before bacteriological sampling and may forgo a boil water advisory if:

• The line can be repaired under pressure (i.e. maintain a minimum of 20 psi in the line under repair);
• The break area is thoroughly flushed; and
• At least the minimum disinfectant residual (depending upon type of disinfectant) is maintained.

The system shall take at least two bacteriological tests, one located before or just upstream of the break or rupture and one located behind or just downstream of the break or rupture, as close to the break or rupture as practical.  If necessary, additional samples may be required to be representative of the area affected by the break.  The sample bottles shall be clearly labeled as “special” tests and the results submitted to the cabinet clearly identified as “special” samples.

Records of the bacteriological results shall be submitted to the cabinet with the routine monthly compliance bacteriological samples unless the “special” samples are required to lift a boil water advisory.  Samples needed to lift boil water advisories shall be submitted to the cabinet as soon as results are known.  The results of “special” bacteriological samples shall be maintained for one year. 

Refer to the guidance document below regarding issuance of a boil water advisory when the situation is other than a main break (line break or rupture).

PUBLIC NOTIFICATION AND CONSUMER ADVISORY:  401 KAR 8:070

Should the water system decide to use the consumer advisory as the requirements for Tier 1 public notification, the owner or operator of the water system should make absolutely certain that all items required for the Tier 1 notice are included.  This includes using mandatory language, sharing the notice and other elements from EPA's templates. 

Templates for writing a public notice are available from EPA.   

Tier 1 requires notification to customers within 24 hours after the violation has been confirmed (requires consultation with the Drinking Water Branch).  Call Lora Gowins at (502) 564-2225, ext 555 for consultation.

A Tier 1 public notification is a violation or situation with significant potential to have serious adverse effects on human health as a result of short-term exposure.  Any time a situation occurs where there is the potential for human health to be immediately impacted, water systems have 24 hours to notify people who may drink the water of the situation. Water systems must use media outlets such as television, radio, and newspapers, post their notice in public places, or personally deliver a notice to their customers in these situations.

Within 10 days after the water system has completed public notification requirements (i.e. issuing a public notice), the system must submit a certification to the state (401 KAR 8:070 Section 1).  The certification, available below, needs to be submitted to the Drinking Water Branch.

The files available for download below are in PDF, Adobe Acrobat Reader format.

Flowchart for Tier 1, 2 and 3 violations for public notification.

Public Notification (PN) Certification Form updated September 2006. (PN Certification)

Boil Water Advisory and Consumer Advisory

Presentation on Consumer Advisory and Boil Water Advisory from the March 2005 Kentucky Water and Wastewater Operators Association (KWWOA) Conference. (28 pages)

For more information contact:

Donna Marlin, manager
Drinking Water Branch
Division of Water
14 Reilly Road
Frankfort,KY 40601
Phone: (502) 564-2225 ext 541
Fax: (502) 564-9899
Email: Donna.Marlin@ky.gov