Section 327IAC8-2.3-6. Treatment technique violations for ground water systems

   (a) A ground water system with a significant deficiency is in violation of the treatment technique requirement if, within one hundred twenty (120) days (or earlier, if directed by the commissioner) of receiving written notice from the commissioner of the significant deficiency, the system:

(1) does not complete corrective action as required under section 5(a)(5)(A) of this rule in accordance with any applicable state plan review processes or other state guidance and direction, including interim actions and measures specified by the commissioner; or

(2) is not in compliance with a corrective action plan and schedule approved by the commissioner.

  (b) Unless the commissioner invalidates a fecal indicator-positive ground water source sample under section 4(d) of this rule, a ground water system is in violation of the treatment technique requirement if, within one hundred twenty (120) days (or earlier, if directed by the commissioner) of meeting the conditions of section 5(a)(1) or 5(a)(2) of this rule, the system:

(1) does not complete corrective action as required under section 5(a)(5)(A) of this rule in accordance with any applicable state plan review processes or other state guidance and direction, including interim measures specified by the commissioner; or

(2) is not in compliance with a corrective action plan and schedule approved by the commissioner.

  (c) A ground water system subject to the requirements of section 5(b)(3) of this rule that fails to maintain 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 a ground water source is in violation of the treatment technique requirement if the failure is not corrected within four (4) hours of determining the system is not maintaining at least 4-log treatment of viruses before or at the first customer.

  (d) A ground water system shall give public notification under 327 IAC 8-2.1-9 for the treatment technique violations specified in this section. (Water Pollution Control Division; 327 IAC 8-2.3-6; filed May 7, 2010, 9:30 a.m.: 20100602-IR-327080198FRA)