Section 327IAC8-2-42. Source water treatment requirements

   (a) Systems shall complete the applicable source water monitoring and treatment requirements (described in the referenced portions of subsection (b) and in sections 37 and 39 of this rule) by the following deadlines:

STEP ONE: A system exceeding the lead or copper action level shall:

(A) complete lead and copper source water monitoring (as required by section 39(b) of this rule); and

(B) make a treatment recommendation to the commissioner (as required by subsection (b)(1));

not later than one hundred eighty (180) days after the end of the monitoring period during which the lead or copper action level was exceeded.

STEP TWO: The commissioner shall make a determination regarding source water treatment (as required by subsection (b)(2)) within six (6) months after submission of monitoring results under STEP ONE.

STEP THREE: If the commissioner requires installation of source water treatment, the system shall install the treatment (as required by subsection (b)(3)) within twenty-four (24) months after completion of STEP TWO.

STEP FOUR: The system shall complete follow-up:

(A) tap water monitoring (as required by section 37(d)(2) of this rule); and

(B) source water monitoring (as required by section 39(c) of this rule);

within thirty-six (36) months after completion of STEP TWO.

STEP FIVE: The commissioner shall:

(A) review the system's installation and operation of source water treatment; and

(B) specify maximum permissible source water levels (as required by subsection (b)(4));

within six (6) months after completion of STEP FOUR.

STEP SIX: The system shall:

(A) operate in compliance with the maximum permissible lead and copper source water levels (as required by subsection (b)(4)) specified by the commissioner; and

(B) continue source water monitoring (as required by section 39(d) of this rule).

  (b) Description of source water treatment requirements shall be as follows:

(1) Any system that exceeds the lead or copper action level:

(A) shall recommend in writing to the commissioner the installation and operation of one (1) of the source water treatments listed in subdivision (2); or

(B) may recommend that no treatment be installed based upon a demonstration that source water treatment is not necessary to minimize lead and copper levels at users' taps.

(2) The commissioner shall do the following:

(A) Complete an evaluation of the results of all source water samples submitted by the water system to determine whether source water treatment is necessary to minimize lead or copper levels in water delivered to users' taps.

(B) Determine based on information submitted under clause (A) that treatment is needed, in which case, the commissioner shall require the installation and operation of either of the following:

(i) The source water treatment recommended by the system (if any).

(ii) Another source water treatment from among the following:

(AA) Ion exchange.

(BB) Reverse osmosis.

(CC) Lime softening.

(DD) Coagulation/filtration.

(C) Request additional information to aid in the review of:

(i) information submitted under clause (A); or

(ii) the treatment recommended by the commissioner under clause (B);

in which case, the water system shall provide the information by the date specified by the commissioner in the request.

(D) Notify the system in writing of the commissioner's determination on the designated source water treatment and set forth the basis for the decision.

(3) Each system shall properly install and operate the source water treatment designated by the commissioner under subdivision (2).

(4) The commissioner shall:

(A) review the source water samples taken by the water system both before and after the system installs source water treatment;

(B) determine whether the system has properly installed and operated the source water treatment designated by the commissioner;

(C) designate, based on the review under clause (A), the maximum permissible lead and copper concentrations for finished water entering the distribution system. The concentrations shall reflect the contaminant removal capability of the treatment properly operated and maintained; and

(D) notify the system in writing and explain the basis for the commissioner's decision under this subdivision.

(5) A water system:

(A) shall maintain lead and copper levels below the maximum permissible concentrations designated by the commissioner at each sampling point monitored in accordance with section 39 of this rule; and

(B) is out of compliance with this subdivision if the level of lead or copper at any sampling point is greater than the maximum permissible concentration designated by the commissioner.

(6) Modification of source water treatment may occur as follows:

(A) The commissioner may modify the determination of the source water treatment under subdivision (2) or maximum permissible lead and copper concentrations for finished water entering the distribution system under subdivision (4) in response to the following:

(i) The commissioner's own initiative.

(ii) A request by a water system.

(iii) A request from an interested person.

(B) A request for modification by a system or other interested party shall:

(i) be in writing;

(ii) explain why the modification is appropriate; and

(iii) provide supporting documentation.

(C) The commissioner may modify the determination of source water treatment where the commissioner:

(i) concludes that the change is necessary to ensure that the system continues to minimize lead and copper concentrations in source water; and

(ii) issues a revised determination that shall:

(AA) be made in writing;

(BB) set forth the new treatment requirements;

(CC) explain the basis for the decision; and

(DD) provide an implementation schedule for completing the treatment modifications.

(Water Pollution Control Division; 327 IAC 8-2-42; filed Aug 24, 1994, 8:15 a.m.: 18 IR 77; filed May 7, 2010, 9:30 a.m.: 20100602-IR-327080198FRA)