18 AAC 80.1020. Public notice requirements for sanitary survey violations

(a) The owner or operator who fails to conduct a sanitary survey required by 18 AAC 80.430 shall notify persons served by the system as required by (b) - (e) of this section. If a public water system has a distribution system separable from other parts of the distribution system, with no interconnections, and if the department determines that public health is adequately protected, the department will allow the owner or operator to give public notice to only that area served by that portion of the system that is out of compliance.

(b) Except as provided in (d) of this section, the owner or operator of a Class A public water system shall give notice within three months after the sanitary survey violation by publication in a daily newspaper of general circulation in the area served by the system. If the area served by the system is not served by a daily newspaper of general circulation, the owner or operator shall give notice by publication in a weekly newspaper of general circulation serving the area.

(c) Except as provided in (d) of this section, after the notice given under (b) of this section, the owner or operator shall give notice at least once every three months by mail delivery by direct mail or with the water bill, or by hand delivery, for as long as the violation exists.

(d) In place of the requirements of (b) and (c) of this section, the owner or operator of a public water system in an area that is not served by a daily or a weekly newspaper of general circulation shall give notice, within three months after the violation, by hand delivery, by continuous posting in conspicuous places within the area served by the system, or both. Posting must continue for as long as the violation exists. Notice by hand delivery must be repeated at least every three months for as long as the violation exists.

(e) The owner or operator of a Class B water system shall give notice, within 72 hours after the violation, by continuous posting at all drinking water outlets within the area served by the system. Posting must continue for as long as the violation exists or for 10 days, whichever is longer.

History: Eff. 10/1/99, Register 151; am 5/2/2004, Register 170

Authority: AS 46.03.020

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