401 KAR 8:070. Public notification.

401 KAR 8:070. Public notification.

RELATES TO: KRS 224.10-100, 224.10-110, 40 C.F.R. 141.40, Part 141 Subpart Q Appendix A, 141.201-141.210, 143.3

STATUTORY AUTHORITY: KRS 224.10-100(30), 224.10-110(2), 40 C.F.R. 141.40, Part 141 Subpart Q Appendix A, 141.201-141.210, 42 U.S.C. Chapter 6A Subchapter XII

NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-100(30) and 224.10-110(2) authorize the Secretary of the Environmental and Public Protection Cabinet to promulgate administrative regulations for the regulation and control of the purification of water for public and semipublic use. This administrative regulation establishes the requirements for notification of the public if a public water system violates a provision of 401 KAR Chapter 8. Some provisions relating to the certification of a public notification may be considered more stringent than federal requirements. Those provisions relate to documenting how the public notification was performed and information to identify the water system and the violation for which the public notification was performed. The information is administrative only and is necessary so that the cabinet can ensure that the public is adequately notified of violations of the standards of 401 KAR Chapter 8.

Section 1. General Provisions. The owner or operator of a public water system in violation of a provision of 401 KAR Chapter 8 shall give public notice according to this administrative regulation.

(1)(a) The owner or operator of a public water system shall give notice for a violation of the standards in 401 KAR Chapter 8, and for other situations, as listed in this subsection.

(b) Appendix A to 40 C.F.R. 141, Subpart Q, July 29, 2004 identifies the tier assignment for each specific violation or situation that requires a public notice.

1. Violations of 401 KAR Chapter 8 shall be:

a. Failure to comply with an applicable maximum contaminant level, or MCL, or maximum residual disinfectant level, or MRDL, as required by 401 KAR Chapter 8;

b. Failure to comply with a prescribed treatment technique, or TT, as required by 401 KAR Chapter 8;

c. Failure to perform water quality monitoring, as required by 401 KAR Chapter 8; and

d. Failure to comply with testing procedures as required by 401 KAR Chapter 8.

2. Variances and exemptions issued pursuant to 401 KAR 8:060 including:

a. Operation under a variance or an exemption issued pursuant to 401 KAR 8:060; and

b. Failure to comply with the requirements of a schedule that has been set under a variance or exemption issued pursuant to 401 KAR 8:060.

3. Special public notices including:

a.(i) Occurrence of a waterborne disease outbreak, as defined in 401 KAR 8:010, or other waterborne emergency identified in Section 2(1)(f)1 through 3 of this administrative regulation;

(ii) Exceedance of the nitrate MCL by a noncommunity water system if granted permission by the cabinet under 401 KAR 8:250;

(iii) Exceedance of the secondary maximum contaminant level, or SMCL, for fluoride; and

(iv) Availability of unregulated contaminant monitoring data; and

b. Violation of other provisions of 401 KAR Chapter 8.

(2)(a) Tiers. Three (3) tiers of public notifications shall be used to categorize the seriousness of the violation or situation and potential adverse health effects that may be involved.

(b) The public notice requirements shall be determined by the tier to which the violation is assigned. Appendix A to 40 C.F.R. 141, Subpart Q, July 29, 2004, identifies the tier assignment for each specific violation or situation:

1. Tier 1 public notice: for violations of 401 KAR Chapter 8 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: for all other violations of 401 KAR Chapter 8 and situations with potential to have serious adverse effects on human health; and

3. Tier 3 public notice: for all other violations of 401 KAR Chapter 8 requiring public notification and situations not included in Tier 1 or Tier 2.

(3) Notification.

(a) A public water system shall provide public notice to persons served by the water system in accordance with this administrative regulation.

1. A public water system that sells or otherwise provides drinking water to other public water systems, or consecutive water systems, shall give public notice to the owner or operator of the other system or consecutive system.

2. The consecutive system shall provide public notice to the persons it serves.

(b)1. 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 system may limit distribution of the public notice to only persons served by that portion of the system that is out of compliance.

2. The system shall obtain written permission from the cabinet for limiting distribution before distributing the notice.

(c) Certification. After the public notification has been made, the public water system shall send a copy of the public notice and a certification of its distribution to the cabinet in accordance with the following requirements:

1. Within ten (10) days of completing the public notification requirements of this administrative regulation, the public water system shall submit to the cabinet for the initial public notice and any repeat notices, a certification that it has fully complied with the public notification requirements of this administrative regulation.

2. The certification shall include:

a. The public water system’s name;

b. PWSID number;

c. The violation’s monitoring period covered by the notice;

d. The violation number assigned by the cabinet and printed on the Notice of Violation, type of violation, and contaminants included in the violation;

e. An explanation of how the system distributed the public notification to its customers;

f. The names of the consecutive systems that were given public notice pursuant to paragraph (a)1 of this subsection and their PWSID numbers; and

g. A verification that the public notice contains the ten (10) elements required in a public notification, as specified in Section 5(1) of this administrative regulation.

3. The public water system shall include with the certification a copy of each type of notice distributed, published, posted, and made available to the persons served by the system and to the media. If printed in the newspaper, the page of the newspaper with the public notice shall be submitted showing the name of the newspaper and the date it was published.

4. The certification shall be signed and dated by the person responsible for preparing and distributing the public notice.

5. The system shall submit the certification and required documentation to the cabinet at the following address: Division of Water, ATTN: PN, 14 Reilly Road, Frankfort, Kentucky 40601.

(d) Record maintenance. The public water system shall retain a copy of each public notice issued pursuant to this administrative regulation and its certification pursuant to paragraph (c) of this subsection for at least three (3) years after its issuance.

Section 2. Tier 1 Public Notice; Form, Manner, and Frequency. (1) Tier 1 notices shall be given for the following violation categories and other situations:

(a)1. Violation of the MCL for total coliforms if fecal coliform or E. coli are present in the water distribution system, as specified in 401 KAR 8:200; or

2. If the water system fails to test for fecal coliforms or E. coli after a repeat sample tests positive for coliform, as specified in 401 KAR 8:200;

(b)1. Violation of the MCL for nitrate, nitrite, or total nitrate and nitrite, as specified in 401 KAR 8:250; or

2. If the water system fails to take a confirmation sample within twenty-four (24) hours of the system’s receipt of the first sample result showing an exceedance of the nitrate or nitrite MCL, as specified in 401 KAR 8:250;

(c) Exceedance of the nitrate MCL by a noncommunity water system, if permitted to exceed the MCL by the cabinet under 401 KAR 8:250, as allowed under Section (9) of this administrative regulation;

(d)1. Violation of the MRDL for chlorine dioxide, as specified in 401 KAR 8:510, if one (1) or more samples taken in the distribution system the day following an exceedance of the MRDL at the entrance of the distribution system exceeds the MRDL; or

2. If the water system does not submit the required results from samples collected in the distribution system, as specified in 401 KAR 8:510;

(e)1. Violation of treatment techniques specified in 401 KAR 8:150, 401 KAR 8:160, and 401 KAR 8:162 resulting from a single exceedance of the maximum allowable turbidity limits, as identified in Appendix A to 40 C.F.R., Subpart Q, July 29, 2004, if the cabinet determines after consultation that a Tier 1 notice shall occur; or

2. If consultation with the cabinet does not occur within twenty-four (24) hours after the system learns of the violation.

(f) Occurrence of a waterborne disease outbreak, as defined in 401 KAR 8:010, or other waterborne emergency, such as a:

1. Failure or significant interruption in key water treatment processes;

2. Natural disaster that disrupts the water supply or distribution system; or

3. Chemical spill or unexpected loading of possible pathogens into the source water that significantly increases the potential for drinking water contamination; and

(g) Other violations of 401 KAR Chapter 8 or situations described in 40 C.F.R. 141 Subpart Q, Appendix A, Endnote 21, November 8, 2006.

(2) When Tier 1 notice required. A public water system shall:

(a) Provide a public notice of a Tier 1 violation as soon as practical but not later than twenty-four (24) hours after the system learns of the violation;

(b) Initiate consultation with the cabinet as soon as practical, but not later than twenty-four (24) hours after the public water system learns of the violation or situation, to determine additional public notice requirements; and

(c) Comply with additional public notification requirements, including repeat notices or direction on the duration of the posted notice, that are established as a result of consultation and agreement with the cabinet. These requirements may include the timing, form, manner, frequency, and content of any repeat notices, and other actions designed to reach all persons served.

(3) Tier 1 notices, form and manner.

(a) A public water system shall provide the Tier 1 public notice within twenty-four (24) hours in a form and manner reasonably calculated to reach all persons served.

(b) The form and manner of a Tier 1 public notice used by the public water system shall fit the specific situation, and shall be designed to reach residential, transient, and nontransient users of the water system.

(c) To reach all persons served, a water system shall use, at a minimum, one (1) or more of the following forms of delivery, as applicable to the system:

1. Broadcast media such as radio and 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 that has been proposed by the public water system and approved in writing by the cabinet.

Section 3. Tier 2 Public Notice; Form, Manner, and Frequency of Notice. (1) Tier 2 public notices shall be given for the following violation categories and other situations:

(a) A violation of the MCL, MRDL, and treatment technique requirements, unless a Tier 1 notice is required under Section 2 of this administrative regulation, or a Tier 1 notice is required pursuant to 40 C.F.R. 141.203, November 8, 2006;

(b) A violation of the monitoring and testing procedure requirements, if a Tier 2 rather than a Tier 3 public notice is required pursuant to 40 C.F.R. 141.203, November 8, 2006; and

(2) When Tier 2 notice required.

(a) Initial notice.

1. A public water system shall provide public notice of a Tier 2 violation as soon as practical, but not later than thirty (30) days after the system learns of the violation.

2. If the public notice is posted, the notice shall remain in place while the violation or situation persists, but for not less than seven (7) days, even if the violation or situation is resolved.

3.a. Except as provided in clause b of this subparagraph, additional time may be granted in accordance with 40 C.F.R. 141.023, November 8, 2006 for the initial notice of up to three (3) months from the date the system learns of the violation.

b. The cabinet shall not:

(i) Grant an extension to the thirty (30) day deadline for an unresolved violation; or

(ii) Allow comprehensive extensions for other violations or situations that require a Tier 2 public notice.

c. Extensions granted by the cabinet shall be in writing.

(b) Repeat notice.

1. The public water system shall repeat the notice every three (3) months while the violation or situation persists, unless the cabinet determines in writing that appropriate circumstances warrant a less frequent repeat notice.

2. The repeat notice shall not be given less frequently than once per year.

3. The system shall not give less frequent repeat notice for:

a. An MCL violation under the total coliform rule; or

b. A treatment technique violation under the federal Surface Water Treatment Rule, 40 C.F.R. 141.70 to 141.75, June 29, 2004, Interim Enhanced Surface Water Treatment Rule 40 C.F.R. 141.70 to 141.75, June 29, 2004, or Long Term 1 Enhanced Surface Water Treatment Rule 40 C.F.R. 141.500 to 141.571, June 29, 2004.

4. There shall not be comprehensive reductions in the repeat notice frequency for other ongoing violations that require a Tier 2 repeat notice.

5. Cabinet determinations allowing repeat notices to be given less frequently than once every three (3) months shall be in writing.

1. Criteria for a violation of the treatment technique requirement resulting from a single turbidity limit exceedance shall be as described in 40 C.F.R. 141 Subpart Q, Appendix A, May 4, 2000. The system shall consult with the cabinet for a violation of the treatment technique requirement from the surface water treatment rule or interim or long term 1 enhanced surface water treatment rule, resulting from a single exceedance of the maximum allowable turbidity limit.

2. For a turbidity violation specified in subparagraph 1 of this paragraph, a public water system shall consult with the cabinet as soon as practical, but not later than twenty-four (24) hours after the public water system learns of the violation, to determine if a Tier 1 public notice under Section 2 of this administrative regulation shall be required to protect public health. Conditions under which a Tier 1 public notice shall be required in conjunction with cabinet consultation shall be as established in 40 C.F.R. 141 Subpart Q, Appendix A, May 4, 2000.

3. If consultation does not take place within the twenty-four (24) hour period, the water system shall distribute a Tier 1 notice of the violation within the next twenty-four (24) hours, which shall not be later than forty-eight (48) hours after the system learns of the violation, following the requirements under Section 2(2) and (3) of this administrative regulation.

(3) Tier 2 notices, form and manner. A public water system shall provide the initial public notice and repeat Tier 2 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 shall meet at least the following requirements:

(a) Community water system. A community water system shall 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.a. Other methods reasonably calculated to reach other persons regularly served by the system, if they may not normally be reached by the notice required in subparagraph 1 of this paragraph. These persons may include those who do not pay water bills or do not have service connection addresses, for example, house renters, apartment dwellers, university students, nursing home patients, prison inmates, etc.

b. Other methods may include:

(i) Publication in a local newspaper;

(ii) Delivery of multiple copies for distribution by customers who provide their drinking water to others, for instance apartment building owners or large private employers;

(iii) Posting in public places served by the system or on the Internet; or

(iv) Delivery to community organizations.

(b) Noncommunity water system. A noncommunity water system shall 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, if known; and

2.a. Other methods reasonably calculated to reach other persons served by the system if they may not normally be reached by the notice required in subparagraph 1 of this paragraph. Those persons may include those served who may not see a posted notice because the posted notice is not in a location they routinely pass by.

b. Other methods may include:

(i) Publication in a local newspaper or newsletter distributed to customers;

(ii) Use of e-mail to notify employees or students; or

(iii) Delivery of multiple copies in central locations, for example, community centers.

(c) Upon written request from the water system, a different form and manner of public notice may be allowed pursuant to 40 C.F.R. 141.204, June 21, 2000.

Section 4. Tier 3 Public Notice; Form, Manner, and Frequency of Notice. (1) The following violations or situations shall require a Tier 3 public notice:

(a) A monitoring violation under 401 KAR Chapter 8, except that required to be a Tier 1 or Tier 2 violation under Section 2 or 3 of this administrative regulation;

(b) Failure to comply with a testing procedure established in 401 KAR Chapter 8, unless a Tier 1 notice is required by Section 2 of this administrative regulation;

(d) Availability of unregulated contaminant monitoring results, as required under Section 7 of this administrative regulation; and

(e) Exceedance of the fluoride secondary maximum contaminant level, as required under Section 8 of this administrative regulation.

(2) When Tier 3 notice provided.

(a)1. Initial notice. A public water system shall provide public notice of a Tier 3 violation not later than one (1) year after the public water system learns of the violation or situation or begins operating under a variance or exemption.

2. Repeat notice.

a. Following the initial notice, the public water system shall repeat the notice annually while the violation, variance, exemption, or other situation persists.

b. If the public notice is posted, the notice shall remain in place while the violation, variance, exemption, or other situation persists, but for not less than seven (7) days, even if the violation or situation is resolved.

(b) Instead of individual Tier 3 public notices, a public water system may use an annual report detailing all violations and situations that occurred during the previous twelve (12) months, if the timing requirements of paragraph (a) of this subsection are met.

(3) Tier 3 notices, form and manner. A public water system shall provide the initial notice and any repeat notices of a Tier 3 violation 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 shall meet at least the following requirements:

(a) Community water system. A community water system shall 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.a. Other methods reasonably calculated to reach other persons regularly served by the system, if they may not normally be reached by the notice required in subparagraph 1 of this paragraph. These persons may include those who do not pay water bills or do not have service connection addresses, for instance house renters, apartment dwellers, university students, nursing home patients, prison inmates, etc.

b. Other methods may include:

(i) Publication in a local newspaper;

(ii) Delivery of multiple copies for distribution by customers who provide their drinking water to others, for example apartment building owners or large private employers;

(iii) Posting in public places or on the Internet; or

(iv) Delivery to community organizations.

(b) Noncommunity water system. A noncommunity water system shall provide notice by:

2. Other methods reasonably calculated to reach other persons served by the system, if they may not normally be reached by the notice required in subparagraph 1 of this paragraph. These persons may include those who may not see a posted notice because the notice is not in a location they routinely pass by. Other methods may include:

a. Publication in a local newspaper or newsletter distributed to customers;

b. Use of e-mail to notify employees or students; or

c. Delivery of multiple copies in central locations, for instance community centers.

(c) Upon written request from the water system, a different form and manner of public notice may be allowed pursuant to 40 C.F.R. 141.204, June 21, 2000.

(4) Alternative delivery method. For a community water system, the consumer confidence report required by 401 KAR 8:075 may be used as a vehicle for only the initial Tier 3 public notice and all required repeat notices if:

(a) The report is provided to persons served not later than twelve (12) months after the system learns of the violation or situation as required in subsection (2) of this section;

(b) The Tier 3 notice contained in the system’s report meets the content requirements in Section 5 of this administrative regulation;

(d) The system submits a separate certification of the public notification as required by Section 1 of this administrative regulation and a certification of the report as required by 401 KAR 8:075, Section 5.

Section 5. Public Notice Contents. (1) Each public notice required by Section 1 of this administrative regulation shall include the following elements:

(a) A description of the violation or situation, including the contaminants of concern, and as applicable, the contaminant levels;

(b) When the violation or situation occurred;

(c) The potential adverse health effects from the violation or situation, including the standard language under subsection (4)(a) or (b) of this section, whichever is applicable;

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

(e) If alternative water supplies should be used;

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

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

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

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

(j) A statement to encourage the notice recipient to distribute the public notice to other persons served, using the standard language in subsection (4)(c) of this section, if applicable.

(2) Exemption or variance. A public water system operating under a variance or exemption shall include the following information in a public notice:

(a) If a public water system has been granted a variance or an exemption, the public notice shall contain:

1. An explanation of the reasons for the variance or exemption;

2. The date on which the variance or exemption was issued;

3. A brief status report on the steps the system is taking to install treatment, find alternative sources of water, or otherwise comply with the terms and schedules of the variance or exemption; and

4. A notice of opportunity, including language described in 40 C.F.R. 205(b)(iv), May 4, 2000, for public input in the review of the variance or exemption.

(b) If a public water system violates the conditions of a variance or exemption, the public notice shall contain the ten (10) elements listed in subsection (1) of this section.

(3) Presentation. A public notice required by Section 1 of this administrative regulation shall:

(a) Be displayed in a conspicuous way if printed or posted;

(b) Not contain overly-technical language or very small print as described in 40 C.F.R. 141.205(c)(1)(ii), May 4, 2000;

(d) Use common language understandable by the general population that supports the purpose of the notice; and

(e) Comply with the following multilingual requirement:

1. The public notice shall contain information in an appropriate language to reach a large proportion of non-English speaking consumers regarding the importance of the notice or contain a telephone number or address so that persons served by the system may contact the water system to obtain a translated copy of the notice or to request assistance in the language.

2. If the cabinet has not determined what constitutes a large proportion of non-English speaking consumers pursuant to 40 C.F.R. 141.205(c)(2), May 4, 2000, the public water system shall include in the public notice the same information required in subparagraph 1 of this paragraph, to reach a large proportion of non-English speaking persons served by the water system.

(4) Standard language. A public water system shall include the following standard language in its public notice:

(a) Standard health effects language for an MCL or MRDL violation, treatment technique violation, or violation of the conditions of a variance or exemption. A public water system shall include in each public notice the health effects language specified in Section 11 of this administrative regulation corresponding to each MCL, MRDL, and treatment technique violation listed in Appendix A to 40 C.F.R. Part 141, Subpart Q, July 29, 2006, and for each violation of a condition of a variance or exemption.

(b) Standard language for monitoring and testing procedure violations. A public water system shall include the following language in its notice, including the language necessary to complete the information in the braces, for all monitoring and testing procedure violations listed in Appendix A to 40 C.F.R. Part 141, Subpart Q, July 29, 2006: "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 {"did not monitor or test" or "did not complete all monitoring or testing"} for {contaminants}, and therefore cannot be sure of the quality of your drinking water during that time".

(c) Standard language to encourage the distribution of the public notice to all persons served. A public water system shall include in its notice the following language, if applicable: "Please share this information with all the other people who drink this water, especially those who may not have received this notice directly (for example, 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."

Section 6. New Billing Units or Customers. (1) A community water system shall give a copy of the most recent public notice for any continuing violation, the existence of a variance or exemption, or other ongoing situations requiring a public notice to all new billing units or new customers before or when service begins.

(2) A noncommunity water system shall continuously post the public notice in conspicuous locations to inform new consumers of a continuing violation, variance or exemption, or other situation requiring a public notice while the violation, variance, exemption, or other situation persists.

Section 7. Special Notice of Unregulated Contaminant Monitoring Results Availability. (1) The owner or operator of a community or nontransient noncommunity water system required to monitor under 40 C.F.R. 141.40 (October 29, 2002) shall notify the persons served by the system of the availability of the results of the sampling not later than twelve (12) months after the monitoring results are known.

(2) The form and manner of the public notice required by subsection (1) of this section shall follow the requirements for a Tier 3 public notice prescribed in Section 4(3), (4)(a), (c), and (d) of this administrative regulation. The notice shall also identify a contact person and provide the telephone number to call for information on the monitoring results.

Section 8. Special Notice for Fluoride Exceedance. (1)(a) A community water system that exceeds the fluoride secondary maximum contaminant level of two (2) mg/l as specified in 401 KAR 8:600, as determined by the last single sample taken in accordance with 401 KAR 8:250, but does not exceed the maximum contaminant level of four (4) mg/l for fluoride, as specified in 401 KAR 8:250, shall provide the public notice in subsection (3) of this section to persons served by the system.

(b) Public notice shall be provided as soon as practical but not later than twelve (12) months from the date the water system learns of the exceedance.

(c) A copy of the notice shall also be sent to all new billing units and new customers when service begins and to the public health officer of the Cabinet for Health and Family Services.

(d) The public water system shall repeat the notice at least annually while the secondary MCL is being exceeded.

(e) If the public notice is posted, the notice shall remain in place while the secondary MCL is being exceeded, but for not less than seven (7) days, even if the exceedance is eliminated.

(f) Initial notices shall be issued pursuant to 40 C.F.R. 141.208, November 8, 2006 sooner than twelve (12) months and repeat notices more frequently than annually, if necessary to notify the customers of an exceedance.

(2) Form and manner. The form and manner of the special public notice required by this section, including repeat notices, shall follow the requirements for a Tier 3 public notice in Section 4(3), (4)(a), (c), and (d) of this administrative regulation.

(3) The notice shall contain the following mandatory language, including the language necessary to complete the information in the braces: "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 (dental fluorosis). The drinking water provided by your community water system {name} has a fluoride concentration of {insert value} mg/l.

"Dental fluorosis, in its moderate or severe forms, may result in a brown staining and/or 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 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 mg/l of fluoride, but we’re required to notify you when we discover that the fluoride levels in your drinking water exceed 2 mg/l because of this cosmetic dental problem.

"For more information, please call {name of water system contact} of {name of community water system} at {phone number}. Some home water treatment units are also available to remove fluoride from drinking water. To learn more about available home water treatment units, you may call NSF International at 1-877-8-NSF-HELP."

Section 9. Special Notice for Specific Nitrate Exceedances. (1) The owner or operator of a noncommunity water system that has permission to exceed the nitrate MCL under 401 KAR 8:250 shall provide notice to persons served according to the requirements for a Tier 1 notice under Section 2(1) and (2) of this administrative regulation.

(2) A noncommunity water system granted permission by the cabinet to exceed the nitrate MCL under 401 KAR 8:250 shall provide continuous posting of the fact that nitrate levels exceed ten (10) mg/l and the potential health effects of exposure, according to the requirements for a Tier 1 notice delivery under Section 2(3) of this administrative regulation and the content requirements in Section 5 of this administrative regulation.

Section 10. Notice by Cabinet. (1) The cabinet may give the notice required by this administrative regulation on behalf of the owner and operator of the public water system if the cabinet complies with the requirements of this administrative regulation.

(2) The owner or operator of the public water system shall comply with requirements of this administrative regulation, even if the cabinet provides the notice on behalf of the owner and operator.

Section 11. Standard Health Effects Language. In its public notice of a violation required by Section 1 of this administrative regulation, a public water system shall provide the following health effects language for the indicated contaminant:

(1) Microbiological contaminants.

(a) Total coliform. Coliforms are bacteria that are naturally present in the environment and are used as an indicator that other, potentially-harmful, bacteria may be present. Coliforms were found in more samples than allowed and this was a warning of potential problems.

(b) Fecal coliform, E. coli. Fecal coliforms and E. coli are bacteria whose presence indicates that the water may be contaminated with human or animal wastes. Microbes in these wastes can cause short-term effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a special health risk for infants, young children, some of the elderly, and people with severely compromised immune systems.

(c) Turbidity. Turbidity has no health effects. However, turbidity can interfere with disinfection and provide a medium for microbial growth. Turbidity may indicate the presence of disease-causing organisms. These organisms include bacteria, viruses, and parasites that can cause symptoms such as nausea, cramps, diarrhea, and associated headaches.

(d) Giardia lamblia, viruses, heterotrophic plate count bacteria, Legionella, or Cryptosporidium. Inadequately treated water may contain disease-causing organisms. These organisms include bacteria, viruses, and parasites which can cause symptoms such as nausea, cramps, diarrhea, and associated headaches.

(2) Inorganic chemicals.

(a) Antimony. Some people who drink water containing antimony well in excess of the MCL over many years could experience increases in blood cholesterol and decreases in blood sugar.

(b) Arsenic. Some people who drink water containing arsenic in excess of the MCL over many years could experience skin damage or problems with their circulatory system, and may have an increased risk of getting cancer.

(c) Asbestos. Some people who drink water containing asbestos in excess of the MCL over many years may have an increased risk of developing benign intestinal polyps.

(d) Barium. Some people who drink water containing barium in excess of the MCL over many years could experience an increase in their blood pressure.

(e) Beryllium. Some people who drink water containing beryllium well in excess of the MCL over many years could develop intestinal lesions.

(f) Cadmium. Some people who drink water containing cadmium in excess of the MCL over many years could experience kidney damage.

(g) Chromium, total. Some people who use water containing chromium well in excess of the MCL over many years could experience allergic dermatitis.

(h) Cyanide. Some people who drink water containing cyanide well in excess of the MCL over many years could experience nerve damage or problems with their thyroid.

(i) Fluoride. Some people who drink water containing fluoride in excess of the MCL over many years could get bone disease, including pain and tenderness of the bones. Fluoride in drinking water at half the MCL or more may cause mottling of children’s teeth, usually in children less than nine (9) years old. Mottling, also known as dental fluorosis, may include brown staining and/or pitting of the teeth, and occurs only in developing teeth before they erupt from the gums.

(j) Mercury, inorganic. Some people who drink water containing inorganic mercury well in excess of the MCL over many years could experience kidney damage.

(k) Nitrate. Infants below the age of six (6) months who drink water containing nitrate in excess of the MCL could become seriously ill and, if untreated, may die. Symptoms include shortness of breath and blue baby syndrome.

(l) Nitrite. Infants below the age of six (6) months who drink water containing nitrite in excess of the MCL could become seriously ill, and if untreated, may die. Symptoms include shortness of breath and blue baby syndrome.

(m) Total nitrate and nitrite. Infants below the age of six (6) months who drink water containing nitrate and nitrite in excess of the MCL could become seriously ill and, if untreated, may die. Symptoms include shortness of breath and blue baby syndrome.

(n) Selenium. Selenium is an essential nutrient. However, some people who drink water containing selenium in excess of the MCL over many years could experience hair or fingernail losses, numbness in fingers or toes, or problems with their circulation.

(o) Thallium. Some people who drink water containing thallium in excess of the MCL over many years could experience hair loss, changes in their blood, or problems with their kidneys, intestines, or liver.

(3) Lead and copper.

(a) Lead. Infants and children who drink water containing lead in excess of the action level could experience delays in their physical or mental development. Children could show slight deficits in attention span and learning abilities. Adults who drink this water over many years could develop kidney problems or high blood pressure.

(b) Copper. Copper is an essential nutrient, but some people who drink water containing copper in excess of the action level over a relatively short amount of time could experience gastrointestinal distress. Some people who drink water containing copper in excess of the action level over many years could suffer liver or kidney damage. People with Wilson’s Disease should consult their personal doctor.

(4) Synthetic organic chemicals.

(a) 2,4-D. Some people who drink water containing the weed killer 2,4-D well in excess of the MCL over many years could experience problems with their kidneys, liver, or adrenal glands.

(b) 2,4,5-TP, Silvex. Some people who drink water containing silvex in excess of the MCL over many years could experience liver problems.

(c) Alachlor. Some people who drink water containing alachlor in excess of the MCL over many years could have problems with their eyes, liver, kidneys, or spleen, or experience anemia, and may have an increased risk of getting cancer.

(d) Atrazine. Some people who drink water containing atrazine well in excess of the MCL over many years could experience problems with their cardiovascular system or reproductive difficulties.

(e) Benzo(a)pyrene, PAHs. Some people who drink water containing benzo(a)pyrene in excess of the MCL over many years may experience reproductive difficulties and may have an increased risk of getting cancer.

(f) Carbofuran. Some people who drink water containing carbofuran in excess of the MCL over many years could experience problems with their blood, or nervous or reproductive systems.

(g) Chlordane. Some people who drink water containing chlordane in excess of the MCL over many years could experience problems with their liver or nervous system, and may have an increased risk of getting cancer.

(h) Dalapon. Some people who drink water containing dalapon well in excess of the MCL over many years could experience minor kidney changes.

(i) Di (2-ethylhexyl) adipate. Some people who drink water containing di (2-ethylhexyl) adipate well in excess of the MCL over many years could experience toxic effects such as weight loss, liver enlargement, or possible reproductive difficulties.

(j) Di (2-ethylhexyl) phthalate. Some people who drink water containing di (2-ethylhexyl) phthalate well in excess of the MCL over many years may have problems with their liver, or experience reproductive difficulties, and may have an increased risk of getting cancer.

(k) Dibromochloropropane or DBCP. Some people who drink water containing DBCP in excess of the MCL over many years could experience reproductive difficulties and may have an increased risk of getting cancer.

(l) Dinoseb. Some people who drink water containing dinoseb well in excess of the MCL over many years could experience reproductive difficulties.

(m) Dioxin, 2,3,7,8-TCDD. Some people who drink water containing dioxin in excess of the MCL over many years could experience reproductive difficulties and may have an increased risk of getting cancer.

(n) Diquat. Some people who drink water containing diquat in excess of the MCL over many years could get cataracts.

(o) Endothall. Some people who drink water containing endothall in excess of the MCL over many years could experience problems with their stomach or intestines.

(p) Endrin. Some people who drink water containing endrin in excess of the MCL over many years could experience liver problems.

(q) Ethylene dibromide. Some people who drink water containing ethylene dibromide in excess of the MCL over many years could experience problems with their liver, stomach, reproductive system, or kidneys, and may have an increased risk of getting cancer.

(r) Glyphosate. Some people who drink water containing glyphosate in excess of the MCL over many years could experience problems with their kidneys or reproductive difficulties.

(s) Heptachlor. Some people who drink water containing heptachlor in excess of the MCL over many years could experience liver damage and may have an increased risk of getting cancer.

(t) Heptachlor epoxide. Some people who drink water containing heptachlor epoxide in excess of the MCL over many years could experience liver damage, and may have an increased risk of getting cancer.

(u) Hexachlorobenzene. Some people who drink water containing hexachlorobenzene in excess of the MCL over many years could experience problems with their liver or kidneys, or adverse reproductive effects, and may have an increased risk of getting cancer.

(v) Hexachlorocyclopentadiene. Some people who drink water containing hexachlorocyclopentadiene well in excess of the MCL over many years could experience problems with their kidneys or stomach.

(w) Lindane. Some people who drink water containing lindane in excess of the MCL over many years could experience problems with their kidneys or liver.

(x) Methoxychlor. Some people who drink water containing methoxychlor in excess of the MCL over many years could experience reproductive difficulties.

(y) Oxamyl, or vydate. Some people who drink water containing oxamyl in excess of the MCL over many years could experience slight nervous system effects.

(z) Pentachlorophenol. Some people who drink water containing pentachlorophenol in excess of the MCL over many years could experience problems with their liver or kidneys, and may have an increased risk of getting cancer.

(aa) Picloram. Some people who drink water containing picloram in excess of the MCL over many years could experience problems with their liver.

(bb) Polychlorinated biphenyls, or PCBs. Some people who drink water containing PCBs in excess of the MCL over many years could experience changes in their skin, problems with their thymus gland, immune deficiencies, or reproductive or nervous system difficulties, and may have an increased risk of getting cancer.

(cc) Simazine. Some people who drink water containing simazine in excess of the MCL over many years could experience problems with their blood.

(dd) Toxaphene. Some people who drink water containing toxaphene in excess of the MCL over many years could have problems with their kidneys, liver, or thyroid, and may have an increased risk of getting cancer.

(5) Volatile organic chemicals.

(a) Benzene. Some people who drink water containing benzene in excess of the MCL over many years could experience anemia or a decrease in blood platelets, and may have an increased risk of getting cancer.

(b) Carbon tetrachloride. Some people who drink water containing carbon tetrachloride in excess of the MCL over many years could experience problems with their liver and may have an increased risk of getting cancer.

(c) Chlorobenzene, or monochlorobenzene. Some people who drink water containing chlorobenzene in excess of the MCL over many years could experience problems with their liver or kidneys.

(d) o-Dichlorobenzene. Some people who drink water containing o-dichlorobenzene well in excess of the MCL over many years could experience problems with their liver, kidneys, or circulatory systems.

(e) p-Dichlorobenzene. Some people who drink water containing p-dichlorobenzene in excess of the MCL over many years could experience anemia, damage to their liver, kidneys, or spleen, or changes in their blood.

(f) 1,2-Dichloroethane. Some people who drink water containing 1,2-dichloroethane in excess of the MCL over many years may have an increased risk of getting cancer.

(g) 1,1-Dichloroethylene. Some people who drink water containing 1,1-dichloroethylene in excess of the MCL over many years could experience problems with their liver.

(h) cis-1,2-Dichloroethylene. Some people who drink water containing cis-1,2-dichloroethylene in excess of the MCL over many years could experience problems with their liver.

(i) trans-1,2-Dichloroethylene. Some people who drink water containing trans-1,2-dichloroethylene well in excess of the MCL over many years could experience problems with their liver.

(j) Dichloromethane. Some people who drink water containing dichloromethane in excess of the MCL over many years could have liver problems and may have an increased risk of getting cancer.

(k) 1,2-Dichloropropane. Some people who drink water containing 1,2-dichloropropane in excess of the MCL over many years may have an increased risk of getting cancer.

(l) Ethylbenzene. Some people who drink water containing ethylbenzene well in excess of the MCL over many years could experience problems with their liver or kidneys.

(m) Styrene. Some people who drink water containing styrene well in excess of the MCL over many years could have problems with their liver, kidneys, or circulatory system.

(n) Tetrachloroethylene. Some people who drink water containing tetrachloroethylene in excess of the MCL over many years could have problems with their liver, and may have an increased risk of getting cancer.

(o) Toluene. Some people who drink water containing toluene well in excess of the MCL over many years could have problems with their nervous system, kidneys, or liver.

(p) 1,2,4-Trichlorobenzene. Some people who drink water containing 1,2,4-trichlorobenzene well in excess of the MCL over many years could experience changes in their adrenal glands.

(q) 1,1,1-Trichloroethane. Some people who drink water containing 1,1,1-trichloroethane in excess of the MCL over many years could experience problems with their liver, nervous system, or circulatory system.

(r) 1,1,2-Trichloroethane. Some people who drink water containing 1,1,2-trichloroethane well in excess of the MCL over many years could have problems with their liver, kidneys, or immune systems.

(s) Trichloroethylene. Some people who drink water containing trichloroethylene in excess of the MCL over many years could experience problems with their liver and may have an increased risk of getting cancer.

(t) Vinyl chloride. Some people who drink water containing vinyl chloride in excess of the MCL over many years may have an increased risk of getting cancer.

(u) Xylenes, total. Some people who drink water containing xylenes in excess of the MCL over many years could experience damage to their nervous system.

(6) Radioactive contaminants.

(a) Beta or photon emitters. Certain minerals are radioactive and may emit forms of radiation known as photons and beta radiation. Some people who drink water containing beta and photon emitters in excess of the MCL over many years may have an increased risk of getting cancer.

(b) Alpha emitters. Certain minerals are radioactive and may emit a form of radiation known as alpha radiation. Some people who drink water containing alpha emitters in excess of the MCL over many years may have an increased risk of getting cancer.

(c) Combined radium, 226 and 228. Some people who drink water containing radium 226 or 228 in excess of the MCL over many years may have an increased risk of getting cancer.

(d) Uranium, for a community water system. Some people who drink water containing uranium in excess of the MCL over many years may have an increased risk of getting cancer and kidney toxicity.

(7) Disinfection by-products, by-product precursors, and disinfectant residuals.

(a) Total trihalomethanes, or TTHMs. Some people who drink water containing trihalomethanes in excess of the MCL over many years may experience problems with their liver, kidneys, or central nervous system, and may have an increased risk of getting cancer.

(b) Haloacetic acids, or HAA. Some people who drink water containing haloacetic acids in excess of the MCL over many years may have an increased risk of getting cancer.

(c) Bromate. Some people who drink water containing bromate in excess of the MCL over many years may have an increased risk of getting cancer.

(d) Chlorite. Some infants and young children who drink water containing chlorite in excess of the MCL could experience nervous system effects. Similar effects may occur in fetuses of pregnant women who drink water containing chlorite in excess of the MCL. Some people may experience anemia.

(e) Chlorine. Some people who use water containing chlorine well in excess of the MRDL could experience irritating effects to their eyes and nose. Some people who drink water containing chlorine well in excess of the MRDL could experience stomach discomfort.

(f) Chloramines. Some people who use water containing chloramines well in excess of the MRDL could experience irritating effects to their eyes and nose. Some people who drink water containing chloramines well in excess of the MRDL could experience stomach discomfort or anemia.

(g) Chlorine dioxide.

1. If any two (2) consecutive daily samples taken at the entrance to the distribution system are above the MRDL:

a. Some infants and young children who drink water containing chlorine dioxide in excess of the MRDL could experience nervous system effects. Similar effects may occur in fetuses of pregnant women who drink water containing chlorine dioxide in excess of the MRDL. Some people may experience anemia.

b. Add for public notification only: The chlorine dioxide violations reported today are the result of exceedances at the treatment facility only, not within the distribution system which delivers water to consumers. Continued compliance with chlorine dioxide levels within the distribution system minimizes the potential risk of these violations to consumers.

2. If one (1) or more distribution system samples are above the MRDL for chlorine dioxide:

b. Add for public notification only: The chlorine dioxide violations reported today include exceedances of the EPA standard within the distribution system which delivers water to consumers. Violations of the chlorine dioxide standard within the distribution system may harm human health based on short-term exposures. Certain groups, including fetuses, infants, and young children, may be especially susceptible to nervous system effects from excessive chlorine dioxide exposure.

(h) Control of DBP precursors, or TOC. Total organic carbon, or TOC, has no health effects. However, total organic carbon provides a medium for the formation of disinfection by-products. These by-products include trihalomethanes (THMs) and haloacetic acids (HAAs). Drinking water containing these by-products in excess of the MCL may lead to adverse health effects, liver or kidney problems, or nervous system effects, and may lead to an increased risk of getting cancer.

(8) Other treatment techniques.

(a) Acrylamide. Some people who drink water containing high levels of acrylamide over a long period of time could have problems with their nervous system or blood, and may have an increased risk of getting cancer.

(b) Epichlorohydrin. Some people who drink water containing high levels of epichlorohydrin over a long period of time could experience stomach problems, and may have an increased risk of getting cancer. (17 Ky.R. 604; Am. 1433; eff. 11-15-90; 18 Ky.R. 1175; 1849; eff. 11-26-91; 20 Ky.R. 3025; eff. 7-27-94; 23 Ky.R. 2548; eff. 5-14-97; 27 Ky.R. 1556; 2735; eff. 4-9-2001; 31 Ky.R. 159; 744; 1093; eff. 1-4-05; 33 Ky.R. 1643; 2980; 3608; eff. 6-13-2007.)