Section 327IAC8-2.6-16. Source toolbox components; requirements for microbial toolbox components; enhanced treatment for Cryptosporidium

   (a) A PWS may receive a 0.5-log Cryptosporidium treatment credit for implementing a watershed control program that meets the requirements of this section, if the PWS meets the following:

(1) A PWS that intends to apply for the watershed control program credit shall notify the commissioner of this intent not later than two (2) years prior to the treatment compliance date applicable to the system under section 13 of this rule.

(2) In order for a PWS to receive watershed control program treatment credit, a watershed control plan must be approved by the commissioner. A PWS shall submit to the commissioner a proposed watershed control plan not later than one (1) year before the applicable treatment compliance date in section 13 of this rule. The watershed control plan must include the following elements:

(A) Identification of an area of influence outside of which the likelihood of Cryptosporidium or fecal contamination affecting the treatment plant intake is not significant. The area of influence is the area to be evaluated in future watershed surveys under subdivision (5)(B).

(B) Identification of both potential and actual sources of Cryptosporidium contamination and an assessment of the relative impact of these sources on the source water quality for the PWS.

(C) An analysis of the effectiveness and feasibility of control measures that could reduce Cryptosporidium loading from sources of contamination to the source water for the PWS.

(D) A statement of goals and specific actions the PWS will undertake to reduce source water Cryptosporidium levels, including the following:

(i) An explanation of how the actions are expected to:

(AA) contribute to specific goals;

(BB) identify watershed partners and their roles; and

(CC) identify resource requirements and commitments.

(ii) A schedule for plan implementation with deadlines for completing specific actions identified in the plan.

(3) A PWS with a watershed control program already in place on January 5, 2006, is eligible to seek the watershed control program credit if the watershed control plan:

(A) meets the criteria in subdivision (2); and

(B) specifies ongoing and future actions that will reduce source water Cryptosporidium levels.

(4) If the PWS meets the requirements of this section, but the commissioner does not respond to the PWS regarding approval of its watershed control plan submitted under this section by the date in Table 13 in section 13(b) of this rule, the:

(A) watershed control program will be considered approved; and

(B) 0.5-log Cryptosporidium treatment credit will be awarded;

unless and until the commissioner subsequently withdraws the approval.

(5) A PWS shall complete the following actions to maintain the 0.5-log Cryptosporidium treatment credit:

(A) Submit to the commissioner an annual watershed control program status report that contains the following:

(i) A description of the PWS's implementation of the approved plan.

(ii) An assessment of the adequacy of the plan to meet its goals.

(iii) An explanation of how the PWS is addressing any shortcomings in plan implementation, including shortcomings identified:

(AA) previously by the commissioner; or

(BB) as the result of the watershed survey conducted under clause (B).

(iv) A description of any significant changes that have occurred in the watershed since the last watershed sanitary survey. A PWS shall notify the commissioner prior to making any significant changes to its watershed control program and the notice must include the following:

(AA) The reason for proposing a significant change, such as a determination by the PWS during implementation of the watershed control program that making a significant change to its approved watershed control program is necessary.

(BB) The actions the PWS will take to mitigate any likelihood that the significant change could reduce the level of source water protection.

(B) Undergo a watershed sanitary survey every three (3) years for a CWS and every five (5) years for an NCWS. The watershed sanitary survey must:

(i) be conducted according to guidelines set by the commissioner and by persons approved by the commissioner;

(ii) result in a survey report submitted to the commissioner; and

(iii) meet the following criteria:

(AA) Encompass the region identified as the area of influence in the watershed control plan approved by the commissioner.

(BB) Assess the implementation of actions to reduce source water Cryptosporidium levels.

(CC) Identify any significant new sources of Cryptosporidium.

If the commissioner determines that significant changes have occurred in the watershed since the previous watershed sanitary survey, the PWS shall undergo another watershed sanitary survey by a date required by the commissioner that may be at an earlier interval than the three (3) or five (5) year interval specified under this clause.

(C) Make the following documents available to the public upon request:

(i) The watershed control plan.

(ii) Annual status reports.

(iii) Watershed sanitary survey reports.

These documents must be in a plain language style and include criteria by which to evaluate the success of the program in achieving plan goals. The commissioner may allow systems to withhold from the public those portions of the documents that concern water supply security considerations.

If the commissioner determines that a PWS is not carrying out the approved watershed control plan, the commissioner may withdraw the watershed control program treatment credit.

  (b) Requirements for determining a different bin classification based on an alternative source are as follows:

(1) A PWS may:

(A) conduct source water monitoring that reflects a different:

(i) intake location in either the same source or for an alternate source; or

(ii) procedure for the timing or level of withdrawal from the source; and

(B) determine, with the commissioner's approval, its bin classification under section 11 of this rule based on the alternative source monitoring results.

(2) If a PWS conducts alternative source monitoring under subdivision (1), the PWS shall also monitor its current plant intake concurrently as described in 40 CFR 141.701, as incorporated under section 8(a)(1) of this rule.

(3) Alternative source monitoring under subdivision (1) must:

(A) meet the requirements for source water monitoring to determine bin classification as described in 40 CFR 141.701 through 40 CFR 141.706, as incorporated under section 8(a)(1) through 8(a)(6) of this rule; and

(B) be reported to the commissioner.

The report of the results must include supporting information documenting the operating conditions under which the samples were collected.

(4) If a PWS determines its bin classification under section 11 of this rule according to subdivision (1)(A) using alternative source monitoring results that reflect a different intake location or a different procedure for managing the timing or level of withdrawal from the source, the PWS shall:

(A) relocate the intake; or

(B) permanently adopt the withdrawal procedure;

as applicable, not later than the applicable compliance date in section 13 of this rule.

(Water Pollution Control Division; 327 IAC 8-2.6-16; filed May 7, 2010, 9:30 a.m.: 20100602-IR-327080198FRA)