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PWS Force Majeure or other Supply Chain Notices

Public Water Systems (PWS) should submit the form below if they receive a Force Majeure or similar notice for drinking water treatment chemicals and products.

MassDEP Drinking Water Program encourages public water systems (PWS) to submit the form below to assist us in tracking chemical or other supply shortages within the drinking water sector.  The information you provide will help in addressing these chemical or other supply shortages in a timely manner.

In view of current reports of chemical supply issues, EPA released a letter dated June 30th, 2021, to chemical sector partners requesting prioritizing drinking water and wastewater systems as customers of critical water treatment chemicals. See EPA letter: US EPA Letter to Chemical Sector Partners - June 2021. 

Several Massachusetts PWS received “Force Majeure” letters from manufacturers. Force Majeure refers to a clause that is included in contracts to remove liability for natural and unavoidable catastrophes that interrupt the expected course of events and prevent participants from fulfilling obligations.

If a PWS receives a Force Majeure or other similar letter from a chemical supplier, the PWS should take the following actions:

  1. Review its Emergency Response Plans (ERP) required by 310 CMR 22.04(13) and take planned actions identified for such an emergency. This should include any applicable work and conservation practices to extend the currently available supply.
  2. The PWS should respond to the letter. In the response letter the PWS should mention the following points:
    • Notify them of EPA letter to chemical sector partners requesting prioritize drinking water and wastewater systems as customers of critical water treatment chemicals.
    • Stress the Importance of uninterrupted chemicals supply for the PWS to ensure clean and safe water to the population.
    • Note how disruption/ delay in chemical supply would impact the disinfection process and result in a public health concern.
    • Request assurance for the required supply in writing.
    • Offer/indicate any logistical support that can be provided by PWS to ease the process of delivery, e.g. providing delivery transport access to the treatment plant on an extended or 24/7 basis.
  3. The PWS should also notify MassDEP Drinking Water Program (DWP) of the Force Majeure or similar notice by filling out the form below. 

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