Section 327IAC8-2.3-5. Treatment technique requirements for ground water systems

   (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.

(Water Pollution Control Division; 327 IAC 8-2.3-5; filed May 7, 2010, 9:30 a.m.: 20100602-IR-327080198FRA)