Current through September 18, 2024
Authority: IC 13-13-5; IC
13-14-8-2;
IC
13-14-8-7; IC
13-18-3-1; IC
13-18-3-2;
IC
13-18-16-8; IC
13-18-16-9
Affected: IC 13-18-2; IC 13-18-16
Sec. 10.
(a) The
following violations or situations require a Tier 3 public notice:
(1) Monitoring violations under 327 IAC 8-2,
except where:
(A) a Tier 1 notice is required
under section 8 of this rule; or
(B) the commissioner determines that a Tier 2
notice is required.
(2)
Failure to comply with a testing procedure established in 327 IAC 8-2, except
where:
(A) a Tier 1 notice is required under
section 8(a) of this rule; or
(B)
the commissioner determines that a Tier 2 notice is required.
(3) Exceedance of the fluoride
secondary maximum contaminant level (SMCL) as required under section 13 of this
rule.
(4) Availability of
unregulated contaminant monitoring results as required under section 14.5 of
this rule.
(5) Reporting and record
keeping violations under 40 CFR 141, Subpart Y*.
(b) Tier 3 public notice needs to be provided
as follows:
(1) A PWS must provide the public
notice not later than one (1) year after the PWS learns of the violation or
situation. Following the initial notice, the PWS must repeat the notice
annually for as long as the violation or other situation persists. If the
public notice is posted, the notice must remain in place for as long as the
violation or other situation persists, but in no case less than seven (7) days
even if the violation or situation is resolved.
(2) Instead of individual Tier 3 public
notices, a PWS may use an annual report detailing all violations and situations
that occurred during the previous twelve (12) months, as long as the timing
requirements of subdivision (1) are met.
(c) A PWS must provide the initial notice and
any repeat notices in a form and manner that is reasonably calculated to reach
persons served in the required time period. The form and manner of the public
notice may vary based on the specific situation and type of water system, but
it must, at a minimum, meet the following requirements:
(1) Unless directed otherwise by the
commissioner in writing, a CWS must provide notice by the following methods:
(A) Mail or other direct delivery to the
following:
(i) Each customer receiving a
bill.
(ii) Other service
connections to which water is delivered by the CWS.
(B) Any other method reasonably calculated to
reach other persons regularly served by the CWS, if the persons would not
normally be reached by the notice required in clause (A). These persons may
include those who do not pay water bills or do not have service connection
addresses, such as any of the following:
(i)
House renters.
(ii) Apartment
dwellers.
(iii) University
students.
(iv) Nursing home
patients.
(v) Prison
inmates.
(C) Other
methods may include any of the following:
(i)
Publication in a local newspaper.
(ii) Delivery of multiple copies for
distribution by customers that provide their drinking water to others, such as
either of the following:
(AA) Apartment
building owners.
(BB) Large private
employers.
(iii)
Posting in public places or on the Internet.
(iv) Delivery to community
organizations.
(2) Unless directed otherwise by the
commissioner in writing, an NCWS must provide notice by the following methods:
(A) Posting the notice in conspicuous
locations throughout the distribution system frequented by persons served by
the NCWS, or by mail or direct delivery to each customer and service connection
if known.
(B) Any other method
reasonably calculated to reach other persons served by the NCWS, if the persons
would not normally be reached by the notice required in item (i). The persons
to be reached may include those who may not see a posted notice because the
notice is not in a location they routinely pass by. Other methods may include
any of the following:
(i) Publication in a
local newspaper or newsletter distributed to customers.
(ii) Use of e-mail to notify employees or
students.
(iii) Delivery of
multiple copies in central locations such as community centers.
(d) For a
CWS, the consumer confidence report (CCR) required under sections 1 through 6
of this rule may be used as a vehicle for the initial Tier 3 public notice and
all required repeat notices as long as:
(1)
the CCR is provided to persons served not later than twelve (12) months after
the CWS learns of the violation or situation as required in this
section;
(2) the Tier 3 notice
contained in the CCR follows the content requirements under section 11 of this
rule; and
(3) the CCR is
distributed following the delivery requirements under subsection (c).
*This document is incorporated by reference. Copies may be
obtained from the Government Publishing Office, www.gpo.gov, or are available
for review at the Indiana Department of Environmental Management, Office of
Legal Counsel, Indiana Government Center North, 100 North Senate Avenue,
Thirteenth Floor, Indianapolis, Indiana 46204.
