327 IAC 8-2.1-9 - Tier 2 notice; form, manner, and frequency of notice
Authority: IC 13-13-5; IC 13-14-8-2; IC 13-14-8-7; IC 13-18-3-1; IC 13-18-3-2; IC 13-18-16-8; IC 13-18-16-9
Affected: IC 13-18-2; IC 13-18-16
Sec. 9.
(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) A PWS shall provide the
public notice as soon as practical, but not later than thirty (30) days after
the PWS 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 PWS 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 any of the following:
(i) An MCL or treatment technique violation
under
327
IAC 8-2-7,
327
IAC 8-2-8,
327 IAC
8-2-8.1,
327
IAC 8-2-8.3, and 40 CFR 141, Subpart Y*.
(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 a PWS 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 PWS 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 PWS learns of the violation),
following the requirements under section 8(b) and 8(c) of this rule.
(c) A CWS 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, a CWS 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 CWS.
(B) Any other method reasonably calculated to
reach other persons regularly served by the CWS, if the persons 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 CWS;
or
(BB) on the Internet.
(iv) Delivery to community
organizations.
(2) Unless directed otherwise by the
commissioner in writing, an NCWS shall provide notice by the following methods:
(A) Posting the notice in conspicuous
locations throughout the distribution system frequented by persons served by
the NCWS.
(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 NCWS if the persons 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.
*This document is incorporated by reference. Copies may be obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana 46204.
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