Section 327IAC8-2.1-7. Public notification of drinking water violations

   (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.

(Water Pollution Control Division; 327 IAC 8-2.1-7; filed Nov 20, 2001, 10:20 a.m.: 25 IR 1109)