Indiana Administrative Code
Title 327 - WATER POLLUTION CONTROL DIVISION
Article 8 - PUBLIC WATER SUPPLY
Rule 2.1 - Consumer Confidence Reports
Section 2.1-8 - Tier 1 public notice; form, manner, and frequency of notice

Universal Citation: 327 IN Admin Code 2.1-8

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. 8.

(a) The following violations or situations require a Tier 1 public notice to be provided according to subsections (b) and (c):

(1) A violation:
(A) until March 31, 2016:
(i) of the MCL for total coliforms when fecal coliform or E. coli are present in the water distribution system as specified in 327 IAC 8-2-7(b); or

(ii) incurred because the PWS fails to test for fecal coliforms or E. coli when any repeat sample tests positive for coliform as specified in 327 IAC 8-2-8.3; and

(B) after April 1, 2016, of the MCL for E. coli as specified in 327 IAC 8-2-7(c).

(2) Violation of the MCL for nitrate, nitrite, or total nitrate and nitrite, as defined in 327 IAC 8-2-4, or when the PWS fails to take a confirmation sample within twenty-four (24) hours of the PWS's receipt of the first sample showing an exceedance of the nitrate or nitrite MCL, as specified in 327 IAC 8-2-4.1(h)(2).

(3) Exceedance of the nitrate MCL by an NCWS, where permitted to exceed the MCL by the commissioner under 327 IAC 8-2-4 and section 14 of this rule.

(4) Violation of the 327 IAC 8-2-8.5(c) or 327 IAC 8-2.6-1 treatment technique requirement resulting from a single exceedance of the maximum allowable turbidity limit as identified in section 16 of this rule, where:
(A) the commissioner determines after consultation that a Tier 1 notice is required; or

(B) consultation does not take place within twenty-four (24) hours after the PWS learns of the violation.

(5) Occurrence of a waterborne disease outbreak, as defined in 327 IAC 8-2-1, or other waterborne emergency. This includes:
(A) failure or significant interruption in key water treatment processes;

(B) a natural disaster that disrupts the water supply or distribution system; or

(C) a chemical spill or unexpected loading of possible pathogens into the source water that significantly increases the potential for drinking water contamination.

(6) Other violations or situations with significant potential to have serious adverse effects on human health as a result of short term exposure, as determined by the commissioner either in its regulations or on a case-by-case basis.

(7) Violation of the MRDL for chlorine dioxide as defined in 327 IAC 8-2.5-3(a) and determined according to 327 IAC 8-2.5-5 when:
(A) one (1) or more samples taken in the distribution system the day following an exceedance of the MRDL at the entrance of the distribution system exceed the MRDL; or

(B) the PWS does not take the required samples in the distribution system, as specified in 327 IAC 8-2.5-7(c)(2).

(8) Detection of:
(A) E. coli;

(B) enterococci; or

(C) coliphage;

in source water samples as specified in 327 IAC 8-2.3-4(a) and 327 IAC 8-2.3-4(b).

(9) Other violations or situations with significant potential to have serious adverse effects on human health as a result of short term exposure, as determined by the commissioner either in this article or on a case-by-case basis.

(b) Tier 1 public notice needs to be provided as follows:
(1) Provide a public notice as soon as practical but not later than twenty-four (24) hours after the PWS learns of the violation.

(2) Initiate consultation with the commissioner as soon as practical, but not later than twenty-four (24) hours after the PWS learns of the violation or situation, to determine additional public notice requirements.

(3) Comply with any additional public notification requirements that are established as a result of the consultation with the commissioner, including any repeat notices or direction on the duration of the posted notices. To reach all persons served, the additional public notification requirements may include the following:
(A) Timing.

(B) Form.

(C) Manner.

(D) Frequency.

(E) Content of repeat notices and other actions designed.

(4) A PWS shall provide the notice within twenty-four (24) hours in a form and manner reasonably calculated to reach all persons served. The form and manner used by the PWS are to fit the specific situation, but they must be designed to reach residential, transient, and nontransient users of the PWS. In order to reach all persons served, PWSs are to use, at a minimum, one (1) or more of the following forms of delivery:
(A) Appropriate broadcast media, such as:
(i) radio; or

(ii) television.

(B) Posting of the notice in conspicuous locations throughout the area served by the PWS.

(C) Hand delivery of the notice to persons served by the PWS.

(D) Another delivery method approved in writing by the commissioner.

(5) A CWS shall give a copy of the most recent public notice to all new billing units or new hookups before or at the time service begins for any of the following outstanding violations:
(A) Any MCL.

(B) Any MRDL.

(C) Any treatment technique requirement.

(c) For violations of the MRDLs of disinfectants that may pose an acute risk to human health, a copy of the notice must be furnished to the radio and television stations serving the area served by the PWS as soon as possible but in no case later than seventy-two (72) hours after the violation.

Disclaimer: These regulations may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.