Sec. 5.
(a) The
following apply to a ground water system with significant deficiencies or
source water fecal contamination:
(1) The
treatment technique requirements of this section shall be met by a ground water
system when a:
(A) significant deficiency is
identified; or
(B) ground water
source sample collected under section 4(a)(3) of this rule is fecal
indicator-positive.
(2)
If directed by the commissioner, a ground water system with a ground water
source sample collected under:
(A) section
4(a)(2) of this rule;
(B) section
4(a)(4) of this rule; or
(C)
section 4(b) of this rule;
that is fecal indicator-positive shall comply with the
treatment technique requirements of this section.
(3) When a significant deficiency is
identified at a Subpart H system that uses:
(A) both ground water and surface water;
or
(B) ground water under the
direct influence of surface water;
the system shall comply with this subdivision except in cases
where the commissioner determines that the significant deficiency is in a
portion of the distribution system that is served solely by surface water or
ground water under the direct influence of surface water.
(4) Unless the commissioner
directs the ground water system to implement a specific corrective action, the
ground water system shall consult with the commissioner regarding the
appropriate corrective action within thirty (30) days of receiving one (1) of
the following:
(A) Written notice from the
commissioner of a significant deficiency.
(B) Written notice from a laboratory that a
ground water source sample collected under section 4(a)(3) of this rule was
found to be fecal indicator-positive.
(C) Direction from the commissioner that a
fecal indicator-positive sample collected under:
(i) section 4(a)(2) of this rule;
(ii) section 4(a)(4) of this rule;
or
(iii) section 4(b) of this rule;
requires corrective action.
(5) Within one hundred twenty (120) days, or
fewer if specified by the commissioner, of receiving notification of one (1) or
more of the conditions listed in subdivision (4), the ground water system shall
do one (1) of the following:
(A) Have
completed corrective action in accordance with:
(i) applicable state plan review processes
under
327
IAC 8-3-2 including interim measures specified by the
commissioner; or
(ii) other state
guidance or direction, if any.
(B) Be in compliance with a corrective action
plan and schedule that meet the following:
(i) Are approved by the
commissioner.
(ii) Receive approval
by the commissioner to any subsequent modifications to the corrective action
plan or schedule previously approved by the commissioner.
If the commissioner specifies interim measures for protection
of the public health pending approval by the commissioner of the corrective
action plan and schedule or pending completion of the corrective action plan,
the system shall comply with these interim measures as well as with any
schedule specified by the commissioner.
(6) A ground water system that meets the
conditions of subdivision (1) or (2) shall implement one (1) or more of the
following corrective action alternatives:
(A)
Correct all significant deficiencies.
(B) Provide an alternate source of
water.
(C) Eliminate the source of
contamination.
(D) Provide
treatment that reliably achieves at least 4-log treatment of viruses using:
(i) inactivation;
(ii) removal; or
(iii) a commissioner-approved combination of
4-log virus inactivation and removal;
before or at the first customer for the ground water
source.
(7) The following requirements apply, in
addition to the applicable public notification requirements of
327
IAC 8-2.1-8, to special notice to the public of
significant deficiencies or source water fecal contamination:
(A) A community ground water system that
receives notice from the commissioner of a significant deficiency or
notification of a fecal indicator-positive ground water source sample that is
not invalidated by the commissioner under section 4(d) of this rule shall do
the following:
(i) Inform the public served
by the water system, as required under
327 IAC
8-2.1-3(h)(6), of:
(AA) the fecal indicator-positive source
sample; or
(BB) any significant
deficiency that has not been corrected.
(ii) Continue to inform the public annually
until the:
(AA) significant deficiency is
corrected; or
(BB) fecal
contamination in the ground water source is determined by the commissioner to
be corrected under subdivision (5).
(B) A noncommunity ground water system that
receives notice from the commissioner of a significant deficiency shall do the
following:
(i) Inform the public served by
the water system in a manner approved by the commissioner of any significant
deficiency that has not been corrected within:
(AA) twelve (12) months of being notified by
the commissioner; or
(BB) a time
earlier than required under subitem (AA), if directed by the
commissioner.
(ii)
Continue to inform the public annually until the significant deficiency is
corrected by providing information that includes the following:
(AA) The nature of the significant deficiency
and the date the significant deficiency was identified by the
commissioner.
(BB) The plan and
schedule for correction of the significant deficiency, as approved by the
commissioner, including interim measures, progress to date, and any interim
measures completed.
(CC) For a
system with a large proportion of non-English speaking consumers, where twenty
percent (20%) or more of the customers speak the same language other than
English, information in the appropriate language or languages regarding the
importance of the notice or a telephone number or address where consumers may
contact the system to obtain a translated copy of the notice or assistance in
the appropriate language.
(iii) If directed by the commissioner, a
noncommunity ground water system with significant deficiencies that have been
corrected shall inform its customers of the following:
(AA) The significant deficiencies.
(BB) How the deficiencies were
corrected.
(CC) The dates of
correction.
(b) The following apply to
compliance monitoring under this rule:
(1) An
existing ground water system that is not required to meet the source water
monitoring requirements of section 4(a) of this rule for any ground water
source because it provides at least 4-log treatment of viruses (using
inactivation, removal, or a commissioner-approved combination of 4-log virus
inactivation and removal) before or at the first customer for any ground water
source before December 1, 2009, shall do the following:
(A) Notify the commissioner in writing that
it provides at least 4-log treatment of viruses (using inactivation, removal,
or a commissioner-approved combination of 4-log virus inactivation and removal)
before or at the first customer for the specified ground water source and begin
compliance monitoring in accordance with subdivision (3) by December 1,
2009.
(B) Provide in the notice to
the commissioner as required under clause (A) information that includes:
(i) engineering;
(ii) operational; or
(iii) other; information that the
commissioner requests to evaluate the submission.
(C) Conduct ground water source monitoring as
required under section 4 of this rule if the system subsequently discontinues
4-log treatment of viruses using:
(i)
inactivation;
(ii) removal;
or
(iii) a commissioner-approved
combination of 4-log virus inactivation and removal;
before or at the first customer for a ground water
source.
(2) A ground water system that places a
ground water source in service after November 30, 2009, that is not required to
meet the source water monitoring requirements of section 4(a) of this rule
because the system provides at least 4-log treatment of viruses (using
inactivation, removal, or a commissioner-approved combination of 4-log virus
inactivation and removal) before or at the first customer for the ground water
source shall comply with the following:
(A)
Provide notification, in writing, to the commissioner of the following:
(i) That the system provides at least 4-log
treatment of viruses (using inactivation, removal, or a commissioner-approved
combination of 4-log virus inactivation and removal) before or at the first
customer for the ground water source.
(ii) Information that includes:
(AA) engineering;
(BB) operational; or
(CC) other;
information that the commissioner requests to evaluate the
submission.
(B) Conduct the following:
(i) Compliance monitoring as required under
subdivision (3) within thirty (30) days of placing the source in
service.
(ii) Ground water source
monitoring under section 4 of this rule if the system subsequently discontinues
4-log treatment of viruses using:
(AA)
inactivation;
(BB) removal;
or
(CC) a commissioner-approved
combination of 4-log virus inactivation and removal;
before or at the first customer for the ground water
source.
(3) A ground water system subject to the
requirements of subsection (a) or this subsection shall monitor the
effectiveness and reliability of treatment for that ground water source before
or at the first customer according to the following:
(A) A system using chemical disinfection
shall complete the following monitoring requirements:
(i) A ground water system that serves greater
than three thousand three hundred (3,300) people shall comply with the
following:
(AA) Continuously monitor the
residual disinfectant concentration using analytical methods specified in
327
IAC 8-2-8.7(5) through
327
IAC 8-2-8.7(8) at a location
approved by the commissioner.
(BB)
Record the lowest residual disinfectant concentration monitored, under subitem
(AA), each day that water from the ground water source is served to the
public.
(CC) Maintain the residual
disinfectant concentration, determined by the commissioner using data submitted
under subdivision (1) or (2), every day the ground water system serves water
from the ground water source to the public.
(DD) If there is a failure in the continuous
monitoring equipment, the ground water system shall conduct grab sampling every
four (4) hours until the continuous monitoring equipment is returned to
service. The system shall resume continuous residual disinfectant monitoring
within fourteen (14) days.
(ii) A ground water system that serves three
thousand three hundred (3,300) or fewer people shall comply with the following:
(AA) Each day that water from the ground
water source is served to the public, monitor the residual disinfectant
concentration using analytical methods specified in
327
IAC 8-2-8.7(5) through
327
IAC 8-2-8.7(8) at a location
approved by the commissioner.
(BB)
Record the residual disinfectant concentration each day that water from the
ground water source is served to the public.
(CC) Maintain the residual disinfectant
concentration, determined by the commissioner using data submitted under
subdivision (1) or (2), every day the ground water system serves water from the
ground water source to the public.
(DD) Take a daily grab sample, every day the
ground water system serves water from the ground water source to the public,
during the hour of peak flow or at another time specified by the commissioner
as determined using data submitted under subdivision (1) or (2). If any daily
grab sample measurement falls below the residual disinfectant concentration
determined by the commissioner, the ground water system shall take follow-up
samples every four (4) hours until the residual disinfectant concentration is
restored to the commissioner-determined level.
Alternatively, a ground water system that serves three
thousand three hundred (3,300) or fewer people may monitor continuously and
meet the requirements under item (i).
(B) A ground water system that uses membrane
filtration to meet the requirements of this rule shall monitor the membrane
filtration process in accordance with all monitoring requirements specified by
the commissioner and shall operate the membrane filtration in accordance with
all compliance requirements specified by the commissioner. A ground water
system that uses membrane filtration is in compliance with the requirement to
achieve at least 4-log removal of viruses when the:
(i) membrane has an:
(AA) absolute molecular weight cut-off
(MWCO); or
(BB) alternate
parameter; that describes the exclusion characteristics of the membrane that
can reliably achieve at least 4-log removal of viruses;
(ii) membrane process is operated in
accordance with compliance requirements specified by the commissioner;
and
(iii) integrity of the membrane
is intact.
(C) A ground
water system that uses an alternative treatment approved by the commissioner to
meet the requirements of this rule by providing at least 4-log treatment of
viruses (using inactivation, removal, or a commissioner-approved combination of
4-log virus inactivation and removal) before or at the first customer shall do
the following:
(i) Monitor the alternative
treatment in accordance with all monitoring requirements specified by the
commissioner.
(ii) Operate the
alternative treatment in accordance with all compliance requirements that the
commissioner determines to be necessary to achieve at least 4-log treatment of
viruses.
(c) A ground water system that provides 4-log
treatment of viruses (using inactivation, removal, or a commissioner-approved
combination of 4-log virus inactivation and removal) before or at the first
customer for a ground water source may discontinue providing this treatment
under the following conditions:
(1) The
commissioner determines and documents in writing that 4-log treatment of
viruses is no longer necessary for that ground water source.
(2) The system complies with the source water
monitoring and analytical methods requirements of section 4 of this
rule.
(d) Failure to
meet the monitoring requirements of subsection (b):
(1) is a monitoring violation; and
(2) requires the ground water system to
provide public notification under
327
IAC 8-2.1-10.