Section 327IAC8-2-8.2. Sanitary surveys

  2. (a) The following conditions apply to the conducting of sanitary surveys:

(1) Beginning on:

(A) January 1, 2002, a Subpart H PWS must undergo a sanitary survey every three (3) years; and

(B) December 1, 2009, a:

(i) CWS using ground water must undergo a sanitary survey every three (3) years; and

(ii) NCWS using ground water must undergo a sanitary survey every five (5) years.

(2) The commissioner may conduct a sanitary survey at a CWS using ground water every five (5) years if the system:

(A) either:

(i) provides 4-log treatment of viruses before or at the first customer for all its ground water sources; or

(ii) has an outstanding performance record, as determined by the commissioner and documented in previous sanitary surveys; and

(B) has no history of:

(i) total coliform MCL violations; or

(ii) monitoring violations;

under sections 7, 8, and 8.1 of this rule.

  (b) The commissioner shall review the results of each sanitary survey to determine:

(1) whether the existing monitoring frequency is adequate;

(2) what measures the system needs to undertake to improve drinking water quality; and

(3) whether significant deficiencies exist.

  (c) In conducting a sanitary survey of a PWS using ground water after the commissioner approves a wellhead protection program under 327 IAC 8-4.1, information on sources of contamination within the delineated wellhead protection area that was collected in the course of developing and implementing the program should be considered instead of collecting new information if the information was collected since the last time the system was subject to a sanitary survey.

  (d) Sanitary surveys must be performed by the commissioner or an agent approved by the commissioner. The PWS shall ensure that the:

(1) sanitary survey takes place; and

(2) commissioner or agent approved by the commissioner has access to the PWS and its records in order to verify compliance with this article and the federal Act (42 U.S.C.A. 300f through 42 U.S.C.A. 300j-26).

  (e) The department shall evaluate each PWS during a sanitary survey in accordance with this section to determine if deficiencies exist. Deficiencies include the following:

(1) Deficiencies relating to drinking water sources, including the following:

(A) Raw water quality monitoring that is indicative of an immediate sanitary risk.

(B) Activities or pollution sources in the sanitary setback area or immediate source water area that will cause risks.

(C) Failure by the PWS to maintain ownership or control of the sanitary setback area, where the PWS is required to maintain a setback as:

(i) permitted under 327 IAC 8-3 for wells installed after April 30, 1999; or

(ii) specified in a permit issued by the commissioner prior to April 30, 1999.

(D) Uncovered or inadequately sealed reservoirs without treatment that meets the requirements of section 8.5 of this rule.

(E) Failure by the PWS to put measures in place to prevent unauthorized access to the intakes or wells.

(F) For a Subpart H PWS, spring boxes that are poorly constructed or subject to flooding.

(G) For a PWS using ground water, in whole or in part, the following shall be evaluated for deficiencies:

(i) Location or condition of a well making it vulnerable to surface water runoff or flooding, including:

(AA) elevation of casing not protected from a one hundred (100) year flood; or

(BB) presence of a well not properly abandoned in accordance with 312 IAC 13-10 in the wellhead protection area for a CWS as defined by 327 IAC 8-4.1 or, for an NCWS, the sanitary setback area required to be maintained under 327 IAC 8-3 for wells installed after April 30, 1999, or as specified in a permit issued by the commissioner prior to that date.

(ii) Improperly constructed wells.

(iii) Condition of a well creating potential for source water contamination, including a:

(AA) cracked casing;

(BB) missing well cap; or

(CC) casing not properly sealed.

(iv) When required by the commissioner, a well must be evaluated as to whether it is under the influence of surface water.

(2) Deficiencies relating to drinking water treatment, including the following:

(A) For a Subpart H PWS and a ground water PWS with 4-log virus inactivation at or prior to the first customer, inadequate disinfection contact time.

(B) One (1) or more of the treatment processes is incapable of producing water that meets standards under all conditions of raw water quality.

(C) No provisions to warn operators of treatment failures.

(D) Failure by the PWS to have a disinfection profile as required under 327 IAC 8-2.6-2 or 327 IAC 8-2.6-2.1.

(E) Treatment processes required to meet log removal requirements under 327 IAC 8-2.3 or 327 IAC 8-2.6 are not maintained or operational.

(F) Treatment capacity for contaminants regulated under this article is not sufficient to meet peak daily demand.

(G) Unrestricted access by unauthorized personnel to any portion of the treatment components of a PWS.

(H) Treatment processes are uncovered or inadequately sealed where the treatment does not meet the requirements of sections 8.5 and 8.6 of this rule and 327 IAC 8-2.6.

(3) Deficiencies relating to drinking water distribution and transmission, including the following:

(A) For a Subpart H PWS, a raw water transmission main equipped with a bypass around the treatment.

(B) Improper operation of bypass on a raw water transmission line that produces finished water that does not meet the requirements of this article.

(C) Pressures in the distribution system below twenty (20) pounds per square inch (psi) during all flow conditions except the following:

(i) Scheduled maintenance.

(ii) Corrected distribution system failures.

(iii) Fireflow.

(D) Greater than twenty-five percent (25%) water loss at a CWS based on a one (1) year average.

(E) Failure by the PWS to make treatment or operational changes to correct persistent or recurring bacteriological contamination not attributable to the source water. The commissioner may require treatment to remedy bacteriological contamination.

(F) For a PWS that serves water to the public, the following apply:

(i) The following system types shall meet the requirements under item (ii):

(AA) A ground water PWS meeting 4-log inactivation of viruses at or before first customer using chlorine or chloramine.

(BB) A ground water PWS feeding chlorine or chloramines to meet the conditions of a permit or setback requirements.

(CC) Any ground water PWS required by the commissioner to provide disinfection due to a history of persistent or recurring bacteriological contamination.

(DD) Any PWS adding a disinfectant to control bacterial regrowth in the distribution system.

(EE) Any Subpart H PWS.

(ii) The following requirements shall be met by the systems under item (i):

(AA) The residual disinfectant concentration in the distribution system, measured as free chlorine, combined chlorine, or chlorine dioxide, is undetectable in more than five percent (5%) of the samples each month for two (2) consecutive months.

(BB) A PWS may request that the commissioner allow a lower detection level than specified in section 1(98) of this rule if the system can show that the bacteriological quality of the water in the distribution system is not being compromised. The request must be made in writing, and the commissioner shall respond to the request in writing.

(CC) If necessary to maintain public health and required by the commissioner, a PWS may be required to meet higher minimum disinfectant residual levels than specified under subitem (AA).

(4) Deficiencies relating to finished water storage, including the following:

(A) Inadequate sealing of a tank to prevent entry of contaminants.

(B) Inadequate maintenance of a storage tank that results in:

(i) a violation of standards; or

(ii) the storage tank being structurally unsound.

(C) Venting of tank that fails to prevent the entrance of:

(i) surface water;

(ii) rainwater;

(iii) birds;

(iv) animals;

(v) insects; or

(vi) dust.

(D) Construction and screening of an overflow pipe and drain that does not meet the following criteria:

(i) Located twelve (12) to twenty-four (24) inches above the ground surface.

(ii) Discharge over a drainage inlet structure or a splash plate.

(iii) Opens downward.

(iv) For ground level storage, overflow drain is screened with twenty-four (24) mesh noncorrodible screen.

(v) For elevated tanks, overflow drain is screened with a four (4) mesh noncorrodible screen.

(vi) If flapper valve is used, a screen must be provided inside the valve.

(vii) An overflow pipe of sufficient diameter to permit waste of water in excess of the filling rate.

(E) Uncovered finished water reservoir.

(F) Failure to maintain access restrictions where necessary to prevent contamination.

(5) Deficiencies relating to drinking water pumps, pump facilities, and controls, including the following:

(A) Storage of materials at the pumping station that:

(i) offer potential for contamination of the water; or

(ii) pose safety risks to operators.

(B) Pump and facilities are not:

(i) designed appropriately; or

(ii) properly operated and maintained.

(6) Deficiencies relating to monitoring, reporting, and data verification, including the following:

(A) The use of improper procedures or methods when conducting required on-site laboratory analyses.

(B) Failure to use a certified laboratory.

(C) Falsification of data.

(D) Failure to collect required samples.

(E) A sampling plan required under any of the following rules is not available, not being followed, or not representative of the water distribution system:

(i) Total coliform rule (TCR), according to section 8(a) of this rule.

(ii) Stage 1 disinfectants and disinfection byproducts rule, according to 327 IAC 8-2.5-6(f).

(iii) Stage 2 disinfectants and disinfection byproducts rule, according to 327 IAC 8-2.5-13.

(iv) Ground water rule (GWR) triggered monitoring plan, according to 327 IAC 8-2.3-4(a)(2)(B).

(F) Failure to submit properly documented monthly reports of operation according to 327 IAC 8-11.

(7) Deficiencies relating to system management and operations, including the following:

(A) The PWS has inadequate personnel to meet the requirements of 327 IAC 8-12.

(B) Emergency response plan requirements are as follows:

(i) The following systems shall develop an emergency response plan:

(AA) A CWS.

(BB) An NCWS that is required or plans to maintain operation in the event of an emergency.

(ii) An emergency response plan must include the following core elements:

(AA) System specific information.

(BB) Water system roles and responsibilities.

(CC) Communication procedures.

(DD) Personnel safety.

(EE) Identification of alternate water sources.

(FF) Replacement equipment and chemical supplies.

(GG) Property protection.

(HH) Water sampling and monitoring.

(C) The PWS does not have an updated emergency response plan that includes annual certification of the following:

(i) Proof that the emergency response plan was:

(AA) reviewed in the past year; and

(BB) updated if necessary.

(ii) That the contact information included in the emergency response plan is current.

(D) Failure by the PWS to protect the water supply from contamination when any part of the system is out of service for:

(i) repair;

(ii) construction;

(iii) alteration; or

(iv) replacement.

(E) Failure by the PWS to operate and maintain the water system in a manner to ensure providing water that meets all requirements of the Act (Title 42, U.S.C.A. 300F through 300j-26) and IC 13-18-16-6. Measures to meet these requirements must include having and implementing a written or otherwise documented approach for the following:

(i) Maintaining a record of system components, including information necessary to:

(AA) operate;

(BB) maintain; and

(CC) repair;

system components.

(ii) Ensuring system components are operated and maintained to:

(AA) meet requirements of the Act; and

(BB) provide water that is suitable for ordinary domestic consumption.

(iii) Ensuring timely response and repair in the event of component failure.

(iv) Maintaining an inventory of critical spare parts.

(v) Performing compliance monitoring.

(vi) Maintaining records pertaining to these requirements.

The requirements of this clause apply to all CWSs and any NCWS that is required to meet 410 IAC 16.2-5-1.6(d). The commissioner may also require an NCWS with unaddressed deficiencies, including service outages, monitoring and reporting violations, or public notification violations to meet the requirements of this clause.

(F) Failure by the PWS to notify the department within twenty-four (24) hours of any service interruption lasting at least eight (8) hours. Notification must be made by one (1) of the following means:

(i) E-mail.

(ii) Facsimile.

(iii) Telephone.

(iv) Other means approved by the commissioner.

(8) Deficiencies relating to operator certification, including the system being in noncompliance with 327 IAC 8-12.

  (f) The following may be classified as significant deficiencies:

(1) Any of the:

(A) deficiencies included in subsection (e); or

(B) other conditions that are found during a sanitary survey or other site visit;

that may have a potential to cause an immediate risk to human health.

(2) Any deficiency:

(A) that is under the control of the PWS and was found during a previous sanitary survey but has not been corrected; or

(B) for which the PWS is not in compliance with a correction schedule approved by the commissioner.

  (g) Subpart H systems shall respond in writing to any deficiency found during a sanitary survey and reported to the Subpart H PWS by the commissioner. Response requirements are as follows:

(1) The response must:

(A) be made within forty-five (45) days of receipt of the report; and

(B) indicate:

(i) how the PWS will address deficiencies found during the sanitary survey; and

(ii) on what schedule the PWS will address deficiencies found during the sanitary survey.

(2) The report must indicate whether deficiencies found during the sanitary survey are under the control of the PWS.

  (h) Ground water systems shall respond in writing to any deficiency found during a sanitary survey and reported to the ground water PWS by the commissioner. Response requirements are as follows:

(1) The response must:

(A) be made within thirty (30) days of receipt of the report; and

(B) indicate:

(i) how the PWS will address deficiencies found during the sanitary survey; and

(ii) on what schedule the PWS will address deficiencies found during the sanitary survey.

(2) The report must indicate whether deficiencies found during the sanitary survey are under the control of the PWS.

  (i) If a CPE is required under 327 IAC 8-2.6-5, the PWS shall implement any follow-up recommendations that result as part of the program.

  (j) The commissioner may require a shorter time frame than required by this section for response or addressing deficiencies if the commissioner determines the deficiency poses an immediate health risk. (Water Pollution Control Division; 327 IAC 8-2-8.2; filed Dec 28, 1990, 5:10 p.m.: 14 IR 1022; filed Apr 12, 1993, 11:00 a.m.: 16 IR 2158; filed Oct 24, 2006, 3:03 p.m.: 20061122-IR-327050255FRA; filed May 7, 2010, 9:30 a.m.: 20100602-IR-327080198FRA)