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Drinking water public notification study guide

EPA's public notification rule in 40 CFR Part 141 Subpart Q (141.201 to 141.211 and Appendices A to C) says when public water systems must tell the people they serve about drinking water violations and other situations. This guide sets out what the federal rule text states on who must give notice and to whom, how the three tiers are defined and assigned in Appendix A, the Tier 1, Tier 2 and Tier 3 deadlines, repeat notices and delivery methods, the required content of a notice, notice to new customers, the special notices (unregulated contaminant results, fluoride, nitrate at non-community systems, Cryptosporidium) and notice given by the primacy agency. Some entries carry their own dates: the Tier 2 MCL entries for the PFAS rows in Appendix A are marked "Beginning April 26, 2029", and until November 1, 2027 (the compliance date of the 2024-revised lead rule in Subpart I), 141.80(a)(4)(i) points systems to the Subpart Q lead entries in a list of provisions that ends with the words "as codified on July 1, 2024". Your State drinking water program may have its own requirements, so check them too. goraedu is an independent study site and does not certify operators. Every point links to the regulation and quotes its exact words.

Fact-checked against official sources · Last checked

Who must give notice

  • Systems in States with primacy for the public water system supervision (PWSS) program had to comply with Subpart Q no later than May 6, 2002 or on the date the State-adopted rule became effective, whichever came first; where EPA directly implements the PWSS program, the compliance date was October 31, 2000.

    “Public water systems in States with primacy for the public water system supervision (PWSS) program must comply with the requirements in this subpart no later than May 6, 2002 or on the date the State-adopted rule becomes effective, whichever comes first. Public water systems in jurisdictions where EPA directly implements the PWSS program must comply with the requirements in this subpart on October 31, 2000.”

    40 CFR 141.201, General public notification requirements

  • Each owner or operator of a public water system (community, non-transient non-community and transient non-community) must give notice for all violations of national primary drinking water regulations (NPDWR) and for the other situations listed in Table 1 to 141.201.

    “Each owner or operator of a public water system (community water systems, non-transient non-community water systems, and transient non-community water systems) must give notice for all violations of national primary drinking water regulations (NPDWR) and for other situations, as listed in Table 1.”

    40 CFR 141.201, General public notification requirements

  • Table 1 to 141.201 also lists these special public notice situations: exceedance of the fluoride SMCL, availability of unregulated contaminant monitoring data, and other violations and situations the primacy agency determines require notice that are not already in Appendix A.

    “(iii) Exceedance of the secondary maximum contaminant level (SMCL) for fluoride. (iv) Availability of unregulated contaminant monitoring data. (v) Other violations and situations determined by the primacy agency to require a public notice under this subpart, not already listed in Appendix A.”

    40 CFR 141.201, General public notification requirements

  • Table 1 to 141.201 also lists exceedance of the lead action level as a special public notice situation (for the action level and the 2024 lead rule transition, see the Tier 1 notices topic).

    “(vi) Exceedance of the lead action level.”

    40 CFR 141.201, General public notification requirements

  • Each system must notify the persons it serves. A system that sells or otherwise provides water to consecutive systems notifies the owner or operator of the consecutive system, and the consecutive system is responsible for notifying the persons it serves.

    “Each public water system must provide public notice to persons served by the water system, in accordance with this subpart. Public water systems that sell or otherwise provide drinking water to other public water systems (i.e., to consecutive systems) are required to give public notice to the owner or operator of the consecutive system; the consecutive system is responsible for providing public notice to the persons it serves.”

    40 CFR 141.201, General public notification requirements

  • If the violation is in a part of the distribution system that is physically or hydraulically isolated, the primacy agency may allow the system to limit the notice to the persons served by that part; this permission must be granted in writing.

    “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 primacy agency may allow the system to limit distribution of the public notice to only persons served by that portion of the system which is out of compliance. Permission by the primacy agency for limiting distribution of the notice must be granted in writing.”

    40 CFR 141.201, General public notification requirements

  • A copy of the notice must also be sent to the primacy agency and the Administrator (as applicable) under 141.31(d).

    “A copy of the notice must also be sent to the primacy agency and the Administrator (as applicable) in accordance with the requirements of § 141.31(d).”

    40 CFR 141.201, General public notification requirements

Not covered here

How the notice copy and certification are sent to the primacy agency (141.31(d)) is set in Subpart D and is not summarized here. We only write what an official source states, so study these parts with your certifying program's materials.

Tiers and Appendix A

  • Public notice requirements are divided into three tiers to take into account the seriousness of the violation or situation and of any potential adverse health effects.

    “Public notice requirements are divided into three tiers, to take into account the seriousness of the violation or situation and of any potential adverse health effects that may be involved.”

    40 CFR 141.201, General public notification requirements

  • Table 2 to 141.201 defines the tiers: Tier 1 for NPDWR violations and situations with significant potential to have serious adverse effects on human health as a result of short-term exposure; Tier 2 for all other NPDWR violations and situations with potential to have serious adverse effects on human health; Tier 3 for all other NPDWR violations and situations not included in Tier 1 and Tier 2.

    “(1) Tier 1 public notice—required for NPDWR violations 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—required for all other NPDWR violations and situations with potential to have serious adverse effects on human health. (3) Tier 3 public notice—required for all other NPDWR violations and situations not included in Tier 1 and Tier 2.”

    40 CFR 141.201, General public notification requirements

  • Violations and situations not listed in Appendix A (for example, failure to prepare Consumer Confidence Reports) do not require notice unless the primacy agency determines otherwise; primacy agencies may also require a more stringent tier for specific listed violations and situations.

    “Violations and other situations not listed in this table (e.g., failure to prepare Consumer Confidence Reports), do not require notice, unless otherwise determined by the primacy agency. Primacy agencies may, at their option, also require a more stringent public notice tier (e.g., Tier 1 instead of Tier 2 or Tier 2 instead of Tier 3) for specific violations and situations listed in this Appendix”

    40 CFR Part 141, Appendix A to Subpart Q

  • Failure to take a confirmation sample within 24 hours for nitrate or nitrite after an initial sample exceeds the MCL is a Tier 1 violation; other nitrate monitoring violations are Tier 3.

    “Failure to take a confirmation sample within 24 hours for nitrate or nitrite after an initial sample exceeds the MCL is a Tier 1 violation. Other monitoring violations for nitrate are Tier 3.”

    40 CFR Part 141, Appendix A to Subpart Q

  • Failure to collect three or more samples for Cryptosporidium analysis is a Tier 2 violation requiring special notice under 141.211; all other monitoring and testing procedure violations are Tier 3.

    “Failure to collect three or more samples for Cryptosporidium analysis is a Tier 2 violation requiring special notice as specified in § 141.211. All other monitoring and testing procedure violations are Tier 3.”

    40 CFR Part 141, Appendix A to Subpart Q

  • Appendix A's rows for HFPO-DA, PFHxS, PFNA, PFOA and PFOS list Tier 2, marked with an asterisk, for MCL violations under 141.61(c), and Tier 3 for monitoring violations under 141.905(c).

    “32. HFPO-DA *2 141.61(c) 3 141.905(c) 33. PFHxS *2 141.61(c) 3 141.905(c) 34. PFNA *2 141.61(c) 3 141.905(c) 35. PFOA *2 141.61(c) 3 141.905(c) 36. PFOS *2 141.61(c) 3 141.905(c)”

    40 CFR Part 141, Appendix A to Subpart Q

  • The asterisk endnote in Appendix A reads "Beginning April 26, 2029."

    “* Beginning April 26, 2029.”

    40 CFR Part 141, Appendix A to Subpart Q

Not covered here

Appendix B's standard health effects language for each contaminant is not reproduced here; use the exact row for the contaminant involved. Appendix A's Lead and Copper heading and Appendix B's lead endnote print different lead action levels, and until November 1, 2027, 141.80(a)(4)(i) points systems to the Subpart Q lead entries in a list of provisions that ends with the words "as codified on July 1, 2024", so no lead number is given here; check Subpart I. Appendix C only lists acronyms (for example, PN for Public Notification). We only write what an official source states, so study these parts with your certifying program's materials.

Tier 1 notices

  • Tier 1 situations include a violation of the MCL for E. coli under 141.63(c).

    “Violation of the MCL for E. coli (as specified in § 141.63(c));”

    40 CFR 141.202, Tier 1 Public Notice—Form, manner, and frequency of notice

  • Tier 1 situations include a violation of the MCL for nitrate, nitrite, or total nitrate and nitrite, or failure to take a confirmation sample within 24 hours of receiving the first sample showing a nitrate or nitrite MCL exceedance.

    “Violation of the MCL for nitrate, nitrite, or total nitrate and nitrite, as defined in § 141.62, or when the water system fails to take a confirmation sample within 24 hours of the system's receipt of the first sample showing an exceedance of the nitrate or nitrite MCL, as specified in § 141.23(f)(2);”

    40 CFR 141.202, Tier 1 Public Notice—Form, manner, and frequency of notice

  • Tier 1 situations include a waterborne disease outbreak (as defined in 141.2) or other waterborne emergency, such as a failure or significant interruption in key treatment processes, a natural disaster that disrupts the supply or distribution system, or a chemical spill or unexpected loading of possible pathogens into the source water.

    “Occurrence of a waterborne disease outbreak, as defined in § 141.2, or other waterborne emergency (such as a failure or significant interruption in key water treatment processes, a natural disaster that disrupts the water supply or distribution system, or a chemical spill or unexpected loading of possible pathogens into the source water that significantly increases the potential for drinking water contamination);”

    40 CFR 141.202, Tier 1 Public Notice—Form, manner, and frequency of notice

  • Tier 1 situations include detection of E. coli, enterococci, or coliphage in source water samples under 141.402(a) and (b).

    “Detection of E. coli, enterococci, or coliphage in source water samples as specified in § 141.402(a) and § 141.402(b);”

    40 CFR 141.202, Tier 1 Public Notice—Form, manner, and frequency of notice

  • The snapshot (2024-revised) text of Table 1 to 141.202 lists exceedance of the Action Level for lead as specified in 141.80(c) as a Tier 1 situation; the next point sets out which version of this entry applies before November 1, 2027.

    “(10) Exceedance of the Action Level for lead as specified in § 141.80(c).”

    40 CFR 141.202, Tier 1 Public Notice—Form, manner, and frequency of notice

  • Under the 2024-revised Subpart I, systems must comply with that subpart no later than November 1, 2027 (with stated exceptions). Between October 30, 2024 and November 1, 2027, community and non-transient non-community systems must comply with 141.2, 141.31(d) and 141.80 to 141.91 as codified on July 1, 2020, and also with a list of provisions that includes 141.201(a)(3)(vi) and (c)(3), 141.202(a)(10), Appendix A entries I.C.1 (with listed exclusions) and I.C.2, and Appendix B entry D.23; that list ends with the words "as codified on July 1, 2024".

    “(3) Community water systems and non-transient non-community water systems must comply with the requirements of this subpart no later than November 1, 2027, except where otherwise specified in §§ 141.81, 141.84, 141.85, 141.86, and 141.90, or where an exemption in accordance with 40 CFR part 142, subpart C or F, has been issued by the Administrator. (4) (i) Between October 30, 2024, and November 1, 2027, community water systems and non-transient non-community water systems must comply with 40 CFR 141.2, 141.31(d), and 141.80 through 141.91, as codified on July 1, 2020, except systems must also comply with 40 CFR 141.84(a)(1) through (10) (excluding paragraphs (a)(6) and (7)), 141.85(a)(1)(ii) and (e), 141.90(e)(1) and (13), (f)(4), and (h)(3), 141.201(a)(3)(vi) and (c)(3), and 141.202(a)(10); 40 CFR part 141, appendix A to subpart Q, entry I.C.1 (excluding § 141.90, except paragraphs (e)(1) and (13) and (f)(4)) and entry I.C.2; 40 CFR part 141, appendix B to subpart Q, entry D.23; and 40 CFR 141.31(d)(2), as codified on July 1, 2024.”

    40 CFR 141.80, General requirements and action level

  • A Tier 1 notice must be provided as soon as practical but no later than 24 hours after the system learns of the violation or situation.

    “Provide a public notice as soon as practical but no later than 24 hours after the system learns of the violation or situation requiring Tier 1 public notice;”

    40 CFR 141.202, Tier 1 Public Notice—Form, manner, and frequency of notice

  • The system must also initiate consultation with the primacy agency as soon as practical, but no later than 24 hours after learning of the violation or situation, to determine additional public notice requirements.

    “Initiate consultation with the primacy agency as soon as practical, but no later than 24 hours after the public water system learns of the violation or situation, to determine additional public notice requirements;”

    40 CFR 141.202, Tier 1 Public Notice—Form, manner, and frequency of notice

  • The Tier 1 notice must be in a form and manner reasonably calculated to reach all persons served, designed to reach residential, transient, and non-transient users.

    “Public water systems must provide the notice within 24 hours in a form and manner reasonably calculated to reach all persons served. The form and manner used by the public water system are to fit the specific situation, but must be designed to reach residential, transient, and non-transient users of the water system.”

    40 CFR 141.202, Tier 1 Public Notice—Form, manner, and frequency of notice

  • To reach all persons served, systems are to use, at a minimum, one or more of: appropriate broadcast media (such as radio and television), posting in conspicuous locations throughout the area served, hand delivery to persons served, or another method approved in writing by the primacy agency.

    “In order to reach all persons served, water systems are to use, at a minimum, one or more of the following forms of delivery: (1) Appropriate 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 approved in writing by the primacy agency.”

    40 CFR 141.202, Tier 1 Public Notice—Form, manner, and frequency of notice

Not covered here

The coliform and E. coli rows tied to dates in 2016 (the Total Coliform Rule until March 31, 2016 and Subpart Y beginning April 1, 2016) are not broken out here. We only write what an official source states, so study these parts with your certifying program's materials.

Tier 2 notices

  • Tier 2 covers violations of the monitoring and testing procedure requirements where the primacy agency determines a Tier 2 rather than Tier 3 notice is required, considering potential health impacts and persistence of the violation.

    “Violations of the monitoring and testing procedure requirements, where the primacy agency determines that a Tier 2 rather than a Tier 3 public notice is required, taking into account potential health impacts and persistence of the violation;”

    40 CFR 141.203, Tier 2 Public Notice—Form, manner, and frequency of notice

  • Tier 2 also covers failure to comply with the terms and conditions of any variance or exemption in place, and, under 141.403(a), failure to take corrective action or to maintain at least 4-log treatment of viruses before or at the first customer.

    “(3) Failure to comply with the terms and conditions of any variance or exemption in place. (4) Failure to take corrective action or failure to maintain at least 4-log treatment of viruses (using inactivation, removal, or a State-approved combination of 4-log virus inactivation and removal) before or at the first customer under § 141.403(a).”

    40 CFR 141.203, Tier 2 Public Notice—Form, manner, and frequency of notice

  • A Tier 2 notice must be provided as soon as practical, but no later than 30 days after the system learns of the violation. A posted notice must stay up as long as the violation or situation persists, and in no case less than seven days, even if it is resolved.

    “Public water systems must provide the public notice as soon as practical, but no later than 30 days after the system learns of the violation. If the public notice is posted, the notice must remain in place for as long as the violation or situation persists, but in no case for less than seven days, even if the violation or situation is resolved.”

    40 CFR 141.203, Tier 2 Public Notice—Form, manner, and frequency of notice

  • The primacy agency may, in appropriate circumstances, allow additional time for the initial notice of up to three months from the date the system learns of the violation; an extension is not appropriate for any unresolved violation, nor are across-the-board extensions by rule or policy, and extensions must be in writing.

    “The primacy agency may, in appropriate circumstances, allow additional time for the initial notice of up to three months from the date the system learns of the violation. It is not appropriate for the primacy agency to grant an extension to the 30-day deadline for any unresolved violation or to allow across-the-board extensions by rule or policy for other violations or situations requiring a Tier 2 public notice. Extensions granted by the primacy agency must be in writing.”

    40 CFR 141.203, Tier 2 Public Notice—Form, manner, and frequency of notice

  • The Tier 2 notice must be repeated every three months while the violation or situation persists, unless the primacy agency determines that appropriate circumstances warrant a different frequency; repeat notice may never be less frequent than once per year.

    “The public water system must repeat the notice every three months as long as the violation or situation persists, unless the primacy agency determines that appropriate circumstances warrant a different repeat notice frequency. In no circumstance may the repeat notice be given less frequently than once per year.”

    40 CFR 141.203, Tier 2 Public Notice—Form, manner, and frequency of notice

  • For a turbidity MCL violation under 141.13(b), or a SWTR, IESWTR or LT1ESWTR treatment technique violation from a single exceedance of the maximum allowable turbidity limit, the system must consult the primacy agency no later than 24 hours after learning of it; without consultation in that period, it must distribute a Tier 1 notice within the next 24 hours (no later than 48 hours after learning of the violation).

    “public water systems must consult with the primacy agency as soon as practical but no later than 24 hours after the public water system learns of the violation, to determine whether a Tier 1 public notice under § 141.202(a) is required to protect public health. When consultation does not take place within the 24-hour period, the water system must distribute a Tier 1 notice of the violation within the next 24 hours (i.e., no later than 48 hours after the system learns of the violation), following the requirements under § 141.202(b) and (c). Consultation with the primacy agency is required for: (i) Violation of the turbidity MCL under § 141.13(b); or (ii) Violation of the SWTR, IESWTR or LT1ESWTR treatment technique requirement resulting from a single exceedance of the maximum allowable turbidity limit.”

    40 CFR 141.203, Tier 2 Public Notice—Form, manner, and frequency of notice

  • Unless the primacy agency directs otherwise in writing, community water systems give Tier 2 notice by mail or other direct delivery to each customer receiving a bill and to other service connections, plus any other method reasonably calculated to reach other persons regularly served.

    “(1) Unless directed otherwise by the primacy agency in writing, community water systems must provide notice by: (i) 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 (ii) Any other method reasonably calculated to reach other persons regularly served by the system, if they would not normally be reached by the notice required in paragraph (c)(1)(i) of this section.”

    40 CFR 141.203, Tier 2 Public Notice—Form, manner, and frequency of notice

  • Unless the primacy agency directs otherwise in writing, non-community water systems give Tier 2 notice by posting in conspicuous locations throughout the distribution system frequented by persons served, or by mail or direct delivery to each customer and service connection (where known), plus any other method reasonably calculated to reach others.

    “(2) Unless directed otherwise by the primacy agency in writing, non-community water systems must provide notice by: (i) 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 (where known); and (ii) Any other method reasonably calculated to reach other persons served by the system if they would not normally be reached by the notice required in paragraph (c)(2)(i) of this section.”

    40 CFR 141.203, Tier 2 Public Notice—Form, manner, and frequency of notice

Tier 3 notices

  • Tier 3 covers monitoring violations under Part 141, except where a Tier 1 notice is required under 141.202(a) or where the primacy agency determines a Tier 2 notice is required.

    “(1) Monitoring violations under 40 CFR part 141, except where a Tier 1 notice is required under § 141.202(a) or where the primacy agency determines that a Tier 2 notice is required;”

    40 CFR 141.204, Tier 3 Public Notice—Form, manner, and frequency of notice

  • Tier 3 also covers operation under a variance (SDWA section 1415) or exemption (section 1416), availability of unregulated contaminant monitoring results, exceedance of the fluoride SMCL, and reporting and recordkeeping violations under Subpart Y.

    “(3) Operation under a variance granted under Section 1415 or an exemption granted under Section 1416 of the Safe Drinking Water Act; (4) Availability of unregulated contaminant monitoring results, as required under § 141.207; (5) Exceedance of the fluoride secondary maximum contaminant level (SMCL), as required under § 141.208; and (6) Reporting and Recordkeeping violations under subpart Y of 40 CFR part 141.”

    40 CFR 141.204, Tier 3 Public Notice—Form, manner, and frequency of notice

  • A Tier 3 notice must be given not later than one year after the system learns of the violation or situation or begins operating under a variance or exemption, and repeated annually for as long as it persists.

    “Public water systems must provide the public notice not later than one year after the public water system learns of the violation or situation or begins operating under a variance or exemption. Following the initial notice, the public water system must repeat the notice annually for as long as the violation, variance, exemption, or other situation persists.”

    40 CFR 141.204, Tier 3 Public Notice—Form, manner, and frequency of notice

  • Instead of individual Tier 3 notices, a system may use an annual report detailing all violations and situations during the previous twelve months, as long as the timing requirements are met.

    “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 months, as long as the timing requirements of paragraph (b)(1) of this section are met.”

    40 CFR 141.204, Tier 3 Public Notice—Form, manner, and frequency of notice

  • Community water systems may use the Consumer Confidence Report (CCR) for the initial Tier 3 notice and all repeat notices, as long as the CCR reaches persons served no later than 12 months after the system learns of the violation, the notice follows the 141.205 content requirements, and the CCR is distributed following 141.204(c).

    “For community water systems, the Consumer Confidence Report (CCR) required under Subpart O of this part may be used as a vehicle for the initial Tier 3 public notice and all required repeat notices, as long as: (1) The CCR is provided to persons served no later than 12 months after the system learns of the violation or situation as required under § 141.204(b); (2) The Tier 3 notice contained in the CCR follows the content requirements under § 141.205; and (3) The CCR is distributed following the delivery requirements under § 141.204(c).”

    40 CFR 141.204, Tier 3 Public Notice—Form, manner, and frequency of notice

Content and new customers

  • Each notice must describe the violation or situation, including the contaminant(s) of concern and (as applicable) the levels; when it occurred; and any potential adverse health effects, including the applicable standard language.

    “(1) A description of the violation or situation, including the contaminant(s) of concern, and (as applicable) the contaminant level(s); (2) When the violation or situation occurred; (3) Any potential adverse health effects from the violation or situation, including the standard language under paragraph (d)(1) or (d)(2) of this section, whichever is applicable;”

    40 CFR 141.205, Content of the public notice

  • Each notice must also give the population at risk (including particularly vulnerable subpopulations), whether alternative water supplies should be used, and what actions consumers should take, including when to seek medical help, if known.

    “(4) The population at risk, including subpopulations particularly vulnerable if exposed to the contaminant in their drinking water; (5) Whether alternative water supplies should be used; (6) What actions consumers should take, including when they should seek medical help, if known;”

    40 CFR 141.205, Content of the public notice

  • Each notice must also say what the system is doing to correct the violation or situation, and when it expects to return to compliance or resolve the situation.

    “(7) What the system is doing to correct the violation or situation; (8) When the water system expects to return to compliance or resolve the situation;”

    40 CFR 141.205, Content of the public notice

  • Each notice must give the name, business address, and phone number of the water system owner, operator, or designee as a source of additional information.

    “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”

    40 CFR 141.205, Content of the public notice

  • Each notice must include a statement encouraging recipients to distribute the notice to other persons served, using the standard language in 141.205(d)(3), where applicable.

    “A statement to encourage the notice recipient to distribute the public notice to other persons served, using the standard language under paragraph (d)(3) of this section, where applicable.”

    40 CFR 141.205, Content of the public notice

  • Each notice must be displayed conspicuously when printed or posted, and must not contain overly technical language or very small print, be formatted in a way that defeats its purpose, or contain language that nullifies its purpose.

    “(i) Must be displayed in a conspicuous way when printed or posted; (ii) Must not contain overly technical language or very small print; (iii) Must not be formatted in a way that defeats the purpose of the notice; (iv) Must not contain language which nullifies the purpose of the notice.”

    40 CFR 141.205, Content of the public notice

  • For systems serving a large proportion of non-English speaking consumers (as determined by the primacy agency), the notice must contain information in the appropriate language(s) about the importance of the notice, or a telephone number or address for a translated copy or assistance.

    “For public water systems serving a large proportion of non-English speaking consumers, as determined by the primacy agency, the public notice must contain information in the appropriate language(s) regarding the importance of the notice or contain a telephone number or address where persons served may contact the water system to obtain a translated copy of the notice or to request assistance in the appropriate language.”

    40 CFR 141.205, Content of the public notice

  • Each notice must include the Appendix B health effects language for each MCL, MRDL, and treatment technique violation listed in Appendix A, and for each violation of a condition of a variance or exemption.

    “Public water systems must include in each public notice the health effects language specified in appendix B to this subpart corresponding to each MCL, MRDL, and treatment technique violation listed in appendix A to this subpart, and for each violation of a condition of a variance or exemption.”

    40 CFR 141.205, Content of the public notice

  • Community water systems must give a copy of the most recent notice for any continuing violation, variance or exemption, or other ongoing situation to all new billing units or new customers prior to or at the time service begins.

    “Community water systems must 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 prior to or at the time service begins.”

    40 CFR 141.206, Notice to new billing units or new customers

  • Non-community water systems must continuously post the notice in conspicuous locations to inform new consumers, for as long as the violation, variance, exemption, or other situation persists.

    “Non-community water systems must continuously post the public notice in conspicuous locations in order to inform new consumers of any continuing violation, variance or exemption, or other situation requiring a public notice for as long as the violation, variance, exemption, or other situation persists.”

    40 CFR 141.206, Notice to new billing units or new customers

Special notices and the primacy agency

  • A community or non-transient non-community water system required to monitor under 141.40 must notify persons served of the availability of the results no later than 12 months after the results are known.

    “The owner or operator of a community water system or non-transient, non-community water system required to monitor under § 141.40 must notify persons served by the system of the availability of the results of such sampling no later than 12 months after the monitoring results are known.”

    40 CFR 141.207, Special notice of the availability of unregulated contaminant monitoring results

  • Community water systems that exceed the fluoride SMCL of 2 mg/l (by the last single sample under 141.23) but not the fluoride MCL of 4 mg/l must give the special notice as soon as practical but no later than 12 months from the day they learn of the exceedance.

    “Community water systems that exceed the fluoride secondary maximum contaminant level (SMCL) of 2 mg/l as specified in § 143.3 (determined by the last single sample taken in accordance with § 141.23), but do not exceed the maximum contaminant level (MCL) of 4 mg/l for fluoride (as specified in § 141.62), must provide the public notice in paragraph (c) of this section to persons served. Public notice must be provided as soon as practical but no later than 12 months from the day the water system learns of the exceedance.”

    40 CFR 141.208, Special notice for exceedance of the SMCL for fluoride

  • A copy of the fluoride notice also goes to all new billing units and new customers when service begins and to the State public health officer, and the notice is repeated at least annually for as long as the SMCL is exceeded.

    “A copy of the notice must also be sent to all new billing units and new customers at the time service begins and to the State public health officer. The public water system must repeat the notice at least annually for as long as the SMCL is exceeded.”

    40 CFR 141.208, Special notice for exceedance of the SMCL for fluoride

  • A non-community water system the primacy agency has allowed under 141.11(d) to exceed the nitrate MCL must continuously post the fact that nitrate levels exceed 10 mg/l and the potential health effects of exposure, following the Tier 1 delivery requirements in 141.202(c) and the content requirements in 141.205.

    “Non-community water systems granted permission by the primacy agency to exceed the nitrate MCL under § 141.11(d) must provide continuous posting of the fact that nitrate levels exceed 10 mg/l and the potential health effects of exposure, according to the requirements for Tier 1 notice delivery under § 141.202(c) and the content requirements under § 141.205.”

    40 CFR 141.209, Special notice for nitrate exceedances above MCL by non-community water systems (NCWS), where granted permission by the primacy agency under § 141.11(d)

  • The primacy agency may give the notice on behalf of the system if it complies with Subpart Q, but the owner or operator remains responsible for ensuring the requirements are met.

    “The primacy agency may give the notice required by this subpart on behalf of the owner and operator of the public water system if the primacy agency complies with the requirements of this subpart. (b) What is the responsibility of the public water system when notice is given by the primacy agency? The owner or operator of the public water system remains responsible for ensuring that the requirements of this subpart are met.”

    40 CFR 141.210, Notice by primacy agency on behalf of the public water system

  • A community or non-community water system required to monitor source water under 141.701 must notify persons served that monitoring has not been completed as specified, no later than 30 days after it has failed to collect any 3 months of monitoring, and repeat the notice as in 141.203(b).

    “The owner or operator of a community or non-community water system that is required to monitor source water under § 141.701 must notify persons served by the water system that monitoring has not been completed as specified no later than 30 days after the system has failed to collect any 3 months of monitoring as specified in § 141.701(c). The notice must be repeated as specified in § 141.203(b).”

    40 CFR 141.211, Special notice for repeated failure to conduct monitoring of the source water for Cryptosporidium and for failure to determine bin classification or mean Cryptosporidium level

  • Both Cryptosporidium special notices follow Tier 2 form and manner under 141.203(c) and the presentation rules in 141.205(c).

    “The form and manner of the public notice must follow the requirements for a Tier 2 public notice prescribed in § 141.203(c). The public notice must be presented as required in § 141.205(c).”

    40 CFR 141.211, Special notice for repeated failure to conduct monitoring of the source water for Cryptosporidium and for failure to determine bin classification or mean Cryptosporidium level

Not covered here

The mandatory wording of the fluoride and Cryptosporidium special notices is in 141.208(c) and 141.211(d) and is not reproduced here. We only write what an official source states, so study these parts with your certifying program's materials.

Sources

Quotes from 40 CFR Part 141 Subpart Q are checked against the eCFR text dated November 3, 2026. goraedu does not certify water operators, and our questions are not a state operator certification exam. Not affiliated with or endorsed by the U.S. EPA, any state drinking water program or any operator certification body. Found an error? Tell us.

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