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§ 723.9. Public notification

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and Safety

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 5. Water and Sewage (Refs & Annos)
Plumbing System Lead Ban and Notification Act
35 P.S. § 723.9
§ 723.9. Public notification
(a) General rule.--The water supplier of each community water system and each nontransient noncommunity water system shall issue notice to persons served by the system who may be affected by lead contamination of their drinking water in conformance with this act and regulations adopted hereunder, except as provided in subsection (b).
(b) Lead-free systems.--Notice under subsection (a) is not required if the water supplier demonstrates to the department that the public water system, including the residential and nonresidential facilities connected to the system, is lead free.
(c) Compliance.--A water supplier who issues public notification in compliance with the public notice requirements established by the Environmental Protection Agency under 40 CFR 141.34 shall be deemed to be in compliance with this section and need not provide additional notification under subsection (a) before June 19, 1991, should such additional notification be required by the department.
(d) Content of notice.--The content of the notice required by this section shall include, but not be limited to, the following:
(1) The potential sources of lead in the drinking water.
(2) Potential adverse health effects.
(3) Reasonably available methods of mitigating known or potential lead content in drinking water.
(4) Any steps the public water system is taking to mitigate lead content in drinking water.
(5) The necessity for seeking alternative water supplies, if any.
(e) Rules and regulations.--The Environmental Quality Board1 may adopt regulations establishing public notification requirements under this section, including, but not limited to, specific applicability criteria and frequency, manner and content of notice.
(f) Departmental requirements as to notice.--The department may require standardized notices under this section and may require that notices under this section contain specific health effects information.
(g) Notice by department.--In the event that a water supplier fails to give notice to the public as required by this section, the department, in its discretion, may perform this notification on behalf of the water supplier and may assess costs of notification on the responsible water supplier.
(h) Notice to be provided.--The water supplier shall provide notice under this section despite the absence of a violation of any drinking water standard as defined and established in the Safe Drinking Water Act and its accompanying regulations in 25 Pa. Code Ch. 109 (relating to safe drinking water).

Credits

1989, July 6, P.L. 207, No. 33, § 9, effective in 18 months.

Footnotes

See 71 P.S. § 1340.502 for powers and duties of the Environmental Quality Board transferred to the Department of Conservation and Natural Resources.
35 P.S. § 723.9, PA ST 35 P.S. § 723.9
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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