Public Notification and Consumer Confidence Report Requirements

Why Public Notification Exists

Safe drinking water law requires that every community water system (CWS) and non-transient non-community water system (NTNCWS) tell its customers when something goes wrong. The federal Safe Drinking Water Act (SDWA) and EPA's Public Notification Rule establish the duty to notify. State primacy agencies enforce these requirements. Without timely, accurate notice, people cannot protect themselves from contaminated water. As a licensed operator, you are part of the chain that keeps this communication lawful and accurate.

The Three-Tier Public Notification System

EPA divides public notification situations into three tiers based on the urgency of the health risk.

Tier 1 — Acute Health Risk (24-Hour Notice)

Tier 1 applies when a violation or situation poses an acute risk to human health — meaning harm could occur quickly if people continue drinking the water. Examples include:

• A violation of the Maximum Contaminant Level (MCL) for nitrate or nitrite
• Presence of E. coli or other fecal indicators that exceed standards
• A failure of required treatment technique (such as loss of adequate disinfection or filtration)
• Distribution of water that was not treated as required

Systems must notify customers within 24 hours of learning of the violation. Methods must reach people quickly: radio or TV broadcasts, hand delivery, posting in conspicuous public places, or other methods approved by the state. The state primacy agency must also be notified promptly.

Tier 2 — Non-Acute Violation (30-Day Notice)

Tier 2 covers violations that do not pose an immediate acute health risk but still represent a departure from safe water standards. Examples include:

• Exceeding an MCL for a chemical contaminant where the health risk develops over long-term exposure (such as certain disinfection byproducts or heavy metals)
• Failure to monitor as required, when there is no acute risk
• Exceeding a treatment technique requirement not covered by Tier 1

Systems must notify customers within 30 days of the violation. Common methods include bill inserts, mail, or newspaper notices, subject to state-approved approaches.

Tier 3 — Non-Violation Notice (Annual)

Tier 3 does not involve a violation at all. It covers situations where the system must inform customers of something related to water quality even though no standard has been broken. Examples include:

• Exceeding a secondary maximum contaminant level (aesthetic standard)
• Detecting an unregulated contaminant
• Variance or exemption from a requirement

Tier 3 notices are typically delivered annually and are often included in the Consumer Confidence Report (CCR) or a separate mailing.

Required Content of Any Public Notice

Regardless of tier, every public notice must include:

1. A description of the violation or situation

2. The potential health effects, using EPA-approved language whenever it exists

3. The population that may be at particular risk (e.g., infants, immunocompromised individuals)

4. What customers should do (such as use an alternate water source)

5. What the system is doing to correct the problem

6. Contact information for the system

7. Contact information for the state primacy agency

8. A statement that the notice is being distributed in accordance with EPA rules

Using EPA-approved health effects language is critical. Do not substitute your own wording for the standardized phrases — doing so may put your system out of compliance.

Consumer Confidence Reports

Every CWS must deliver an annual Consumer Confidence Report (CCR) — also called a water quality report — to customers by July 1 of each year, covering the previous calendar year's data. Systems with 100,000 or more customers must also post the CCR online.

A compliant CCR must include:

• The source of the water (surface water, groundwater, purchased) and, where available, a source water assessment summary
• A list of all regulated contaminants detected, including the MCL or treatment technique, the level detected (typically the highest or range), and the likely source
• Health effects language for any contaminant that exceeded its MCL or for which there is a required statement
• Any violations that occurred during the reporting year
• Educational information on lead, nitrate, arsenic, and cryptosporidium as required
• Contaminants detected but not regulated, if any
• Information on how customers can participate in decisions that may affect the quality of their water

For contaminants that were monitored but not detected, the CCR may note them as non-detected (ND).

Safety Considerations for Operators

When a Tier 1 situation arises — such as a loss of disinfection or a coliform violation — your first duty is to protect public health, then notify. If sampling or remediation requires entry into confined spaces, or handling of disinfectants, apply proper PPE (gloves, eye protection, respirator as appropriate), follow lockout/tagout procedures when working on equipment, and never work alone in a confined space. Emergency response and public notification are simultaneous obligations.

Common Errors and How to Avoid Them

Frequent mistakes on public notification documents include:

• Using the wrong tier (misclassifying a Tier 1 as Tier 2 and missing the 24-hour deadline)
• Omitting required health effects language or substituting non-approved wording
• Failing to list the state primacy agency contact
• Delivering notice only in English when the service area has a significant non-English-speaking population (state rules may require translation)
• Not documenting how and when the notice was distributed — certification of delivery must be kept on file

Always use the EPA Public Notification Handbook and your state primacy agency's guidance when drafting a notice. When in doubt, contact the state — they would rather help you get it right than investigate a violation.