Section 327IAC8-2.1-9. Tier 2 notice; form, manner, and frequency of notice

   (a) The following violations or situations require a Tier 2 public notice to be provided according to subsections (b) and (c):

(1) All violations of the MCL, MRDL, and treatment technique requirements, except where:

(A) a Tier 1 notice is required under section 8(a) of this rule; or

(B) the commissioner determines a Tier 1 notice is required.

(2) Violations of the monitoring and testing procedure requirements, where the commissioner determines that a Tier 2 rather than a Tier 3 public notice is required, taking into account potential health impacts and persistence of the violation.

(3) Failure to:

(A) take corrective action; or

(B) maintain 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 under 327 IAC 8-2.3-5(a).

  (b) Tier 2 public notice needs to be provided as follows:

(1) PWSs shall provide the public notice as soon as practical, but not later than thirty (30) days after the system learns of the violation, and in accord with the following:

(A) If the public notice is posted, the notice must remain in place for as long as the violation or situation persists, but in no case for less than seven (7) days, even if the violation or situation is resolved.

(B) The commissioner may, in appropriate circumstances, allow additional time for the initial notice of up to three (3) months from the date the system learns of the violation.

(C) It is not appropriate for the commissioner to:

(i) grant an extension to the thirty (30) day deadline for any unresolved violation; or

(ii) allow across-the-board extensions by rule or policy for other violations or situations requiring a Tier 2 public notice.

(D) Extensions granted by the commissioner must be in writing.

(2) The PWS shall repeat the notice every three (3) months as long as the violation or situation persists and in accord with the following:

(A) The commissioner determines that appropriate circumstances warrant a different repeat notice frequency.

(B) In no circumstance may the repeat notice be given less frequently than once per year.

(C) It is not appropriate for the commissioner to allow less frequent repeat notice for:

(i) an MCL violation under the 327 IAC 8-2-7, 327 IAC 8-2-8, 327 IAC 8-2-8.1, and 327 IAC 8-2-8.3; or

(ii) a treatment technique violation under 327 IAC 8-2-8.5, 327 IAC 8-2-8.6, and 327 IAC 8-2-8.8.

(D) The commissioner's determinations must be in writing to allow repeat notices to be given less frequently than once every three (3) months.

(3) If there is a violation of the treatment technique requirement in 327 IAC 8-2-8.5(c) or 327 IAC 8-2.6-1 that results from a single exceedance of the maximum allowable turbidity limit, then PWSs shall do the following:

(A) Consult with the commissioner as soon as practical but not later than twenty-four (24) hours after the PWS learns of the violation, to determine whether a Tier 1 public notice under section 8(a) of this rule is required to protect public health.

(B) When consultation does not take place within the twenty-four (24) hour period, the water system shall distribute a Tier 1 notice of the violation within the next twenty-four (24) hours (for example, not later than forty-eight (48) hours after the system learns of the violation), following the requirements under section 8(b) and 8(c) of this rule.

  (c) PWSs shall provide the initial public notice and any repeat notices in a form and manner that is reasonably calculated to reach persons served in the required time period. The form and manner of the public notice may vary based on the specific situation and type of water system, but the public notice must at a minimum meet the following requirements:

(1) Unless directed otherwise by the commissioner in writing, CWSs shall provide notice by the following methods:

(A) Mail or other direct delivery to:

(i) each customer receiving a bill; and

(ii) other service connections to which water is delivered by the PWS.

(B) Any other method reasonably calculated to reach other persons regularly served by the system, if they would not normally be reached by the notice required in clause (A). The persons may include those who do not pay water bills or do not have service connection addresses, including any of the following:

(i) House renters.

(ii) Apartment dwellers.

(iii) University students.

(iv) Nursing home patients.

(v) Prison inmates.

(C) Other methods may include any of the following:

(i) Publication in a local newspaper.

(ii) Delivery of multiple copies for distribution by customers that provide their drinking water to others, such as:

(AA) apartment building owners; or

(BB) large private employers.

(iii) Posting:

(AA) in public places served by the system; or

(BB) on the Internet.

(iv) Delivery to community organizations.

(2) Unless directed otherwise by the commissioner in writing, NCWSs shall provide notice by the following methods:

(A) Posting the notice in conspicuous locations throughout the distribution system frequented by persons served by the system.

(B) By mail or direct delivery to each customer and service connection if known.

(C) Any other method reasonably calculated to reach other persons served by the system if they would not normally be reached by the notice required in clauses (A) and (B). The persons may include those served who may not see a posted notice because the posted notice is not in a location they routinely pass by. Other methods may include:

(i) publication in a local newspaper or newsletter distributed to customers;

(ii) use of e-mail to notify employees or students; or

(iii) delivery of multiple copies in central locations, such as community centers.

(Water Pollution Control Division; 327 IAC 8-2.1-9; filed Nov 20, 2001, 10:20 a.m.: 25 IR 1110; filed Jun 13, 2005, 2:30 p.m.: 28 IR 3234; filed May 7, 2010, 9:30 a.m.: 20100602-IR-327080198FRA)