The
Public Water Supply Section (the "Section") of the
North Carolina Department of Environment and Natural Resources has
recently issued Notices
of Violations to multiple
operators of public water supply systems for failure to timely sample
drinking water for asbestos concentrations. Failure to timely
sample for asbestos and other regulated substances requires
public notice be given of the failure to make the timely sample,
usually in the local newspaper - just the kind of notice local
governments want to avoid having to make. In at least one case,
the notice of violation issued to a municipality is inconsistent with
the annual sampling schedule the Section issued to the municipality,
so relying on that schedule could be problematic. Municipalities
and others operating public water supply systems are advised to check
their water supply monitoring schedules, particularly for asbestos
sampling.
If you have any questions
regarding this alert or related issues,
please contact Keith Johnson
at 919.783.1013 or kjohnson@poynerspruill.com.