The owner or operator of a public water system is required to notify its customers (1) when the system fails to comply with drinking water regulations, (2) when the system has a variance or exemption from drinking water regulations or (3) when the system is facing some other situation posing a public health risk.  A consecutive water system is responsible for notifying its own customers.  The regulations set the requirements for public notification to include mandatory language, content, manner and frequency. 

Tier 1 public notification requires consultation with the Drinking Water Branch, Compliance Section, Natalie Perry, phone 502-564-3410, ext. 504.

History

Amendments to Kentucky's public water supply regulation for public notification became effective Jan. 1, 2005. 

EPA published revised public notification regulations on May 4, 2000 (65 FR 25981), as required by the 1996 SDWA Amendments.  The new federal rule became effective May 2002.  The new federal requirements under 40 CFR Part 141, Subpart Q replaces the old regulation.  Kentucky’s regulations would be updated to reflect the new requirements.  Procedures were followed in February 2004 to incorporate the federal requirements into state regulation, which became effective January 2005. 

Who issues a public notification (PN)?  401 KAR 8:070 Section 1(3)

The public water system will issue a public notification to their customers.  The water system with the violation must notify any consecutive water systems to which it sells water. The consecutive system is then responsible for public notification of its own customers.  A consecutive water system means two or more public water systems with interconnected distribution systems, the effect of which is to distribute water from one system to the next.

Anatomy of a PN – The three tiers.  401 KAR 8:070 Section 1(2)

Public notification is based on three tiers of violations that pose a risk to public health.  The tiers take into consideration the seriousness of the violation and of potential adverse health effects that may be involved.  Each tier has specific notification and delivery requirements.

Tier 1:  serious or immediate health risk:  requires notification to customers within 24 hours. 
Tier 2:  little immediate health risk:  requires notification to customers within 30 days. 
Tier 3:  minimal health risk:  requires notification to customers within one year.

The regulation includes standard language for health effects and standard language for monitoring and testing.  The contents for each public notice must address 10 specific points.

1. A description of the violation or situation.
2. When the violation or situation occurred.
3. Potential health effects.
4. The population at risk.
5. If alternate water supplies should be used.
6. Actions consumers should take.
7. What is being done to correct the violation or problem.
8. When the system expects to return to compliance.
9. Name, address and phone number of contact for more information.
10. Standard distribution language. 

To view an example of a public notice for drinking water illustrating the required elements that have to be included, click here.

Within 10 days after the water system has issued a public notice, the system must submit a certification to the state.  Click here to download a PDF version of the certification form.  Mail the certification to Natalie Perry, ATTN: PN, Drinking Water Branch, 14 Reilly Road, Frankfort, KY 40601.  Contact Natalie Perry for consultation on public notification at 502-564-3410, ext. 504.

For record keeping purposes, all public notices and certifications must be retained for three years (401 KAR 8:070 Section 1[3][c]).

EPA's Web site for public notification contains fact sheets, guides, handbooks, required elements of a public notice and Envirofacts.  Through EPA's Envirofacts system you can find information on violations reported and enforcement actions taken against individual water systems since 1993.  Instructions and templates are available in EPA's Public Notification Handbook.  Note that there are two versions of EPA's handbook for public notification.  This is the primary Public Notification Handbook, revised in 2007 ( EPA 816-R-07-003, March 2007, 156 pages). 

This is the revised Public Notification Handbook for Transient Non-Community Water Systems (EPA 816-R-07-004, March 2007, 80 pages.).

Example of a Public Notice (PN) for drinking water.

For more information about public notification for drinking water in Kentucky contact:

Natalie Perry
Drinking Water Branch
Division of Water
14 Reilly Road
Frankfort, KY 40601
Phone: 502-564-3410, ext. 504
Fax: 502-564-9899
E-mail: Natalie.Perry@ky.gov