Failure to Timely Sample Drinking Water for Asbestos Concentrations Could Lead to Public Notice Requirement

July 15, 2005

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.

 


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