Section 327IAC8-2.1-8. Tier 1 public notice; form, manner, and frequency of notice

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

(1) Violation 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 the water system 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.

(2) Violation of the MCL for nitrate, nitrite, or total nitrate and nitrite, as defined in 327 IAC 8-2-4, or when the water system fails to take a confirmation sample within twenty-four (24) hours of the system'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 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 system 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 water system 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 system 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, such requirements may include the following:

(A) Timing.

(B) Form.

(C) Manner.

(D) Frequency.

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

(4) PWSs 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 water system. In order to reach all persons served, water systems 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 water system.

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

(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. (Water Pollution Control Division; 327 IAC 8-2.1-8; filed Nov 20, 2001, 10:20 a.m.: 25 IR 1110; filed May 1, 2003, 12:00 p.m.: 26 IR 2828; filed Jun 13, 2005, 2:30 p.m.: 28 IR 3233; filed May 7, 2010, 9:30 a.m.: 20100602-IR-327080198FRA)