Indiana Administrative Code
Title 327 - WATER POLLUTION CONTROL DIVISION
Article 8 - PUBLIC WATER SUPPLY
Rule 2.1 - Consumer Confidence Reports
Section 2.1-7 - Public notification of drinking water violations
Universal Citation: 327 IN Admin Code 2.1-7
Current through September 18, 2024
Authority: IC 13-13-5-1; IC 13-13-5-2; IC 13-18-16-6; IC 13-18-16-7; IC 13-18-16-9
Affected: IC 13-18-16
Sec. 7.
(a) Each of the following owners or operators of a public water system must give notice for all violations of drinking water regulations and for other situations that are listed in subsection (b):
(1) Community water
systems.
(2) Nontransient
noncommunity water systems.
(3)
Transient noncommunity water systems.
(b) The following are violation categories and other situations that require a public notice:
(1) The following drinking water violations:
(A) Failure to comply with an applicable
maximum contaminant level (MCL) or maximum residual disinfectant level
(MRDL).
(B) Failure to comply with
a prescribed treatment technique (TT).
(C) Failure to perform water quality
monitoring, as required by the drinking water regulations.
(D) Failure to comply with testing procedures
as prescribed by a drinking water regulation.
(2) The following special public notices:
(A) Occurrence of a waterborne disease
outbreak or other waterborne emergency.
(B) Exceedance of the nitrate MCL by
noncommunity water systems (NCWS), where granted permission by the commissioner
under
327 IAC
8-2-4(b).
(C) Exceedance of the secondary maximum
contaminant level (SMCL) for fluoride.
(D) Availability of unregulated contaminant
monitoring data.
(E) Other
violations and situations determined by the commissioner to require a public
notice under this subdivision, not already listed.
(c) Public notice requirements are divided into three (3) tiers, to take into account the seriousness of the violation or situation and of any potential adverse health effects that may be involved. They are divided as follows:
(1) A
Tier 1 public notice is required for drinking water violations and situations
with significant potential to have serious adverse effects on human health as a
result of short term exposure.
(2)
Tier 2 public notice is required for all other drinking water violations and
situations with potential to have serious adverse effects on human
health.
(3) Tier 3 public notice
required for all other drinking water violations and situations not included in
Tier 1 and Tier 2.
(d) Public notification requirements are as follows:
(1) Each public water system must provide
public notice to persons served by the water system.
(2) Public water systems that sell or
otherwise provide drinking water to other public water systems are required to
give public notice to the owner or operator of the consecutive system; the
consecutive system is responsible for providing public notice to the persons it
serves.
(3) If a public water
system has a violation in a portion of the distribution system that is
physically or hydraulically isolated from other parts of the distribution
system, the commissioner may allow the system to limit distribution of the
public notice to only persons served by that portion of the system which is out
of compliance. Permission from the commissioner for limiting distribution of
the notice must be granted in writing.
(4) A copy of the notice must also be sent to
the commissioner, within ten (10) days of completion of each public
notification. The public water system shall submit to the commissioner a
representative copy of each type of notice distributed, published, posted, or
made available to the persons served by the system and the media, where
appropriate.
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