327 IAC 8-2.1-10 - Tier 3 public 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. 10.

(a) The following violations or situations require a Tier 3 public notice:

(1) Monitoring violations under 327 IAC 8-2, except where:

(A) a Tier 1 notice is required under section 8 of this rule; or

(B) the commissioner determines that a Tier 2 notice is required.

(2) Failure to comply with a testing procedure established in 327 IAC 8-2, except where:

(A) a Tier 1 notice is required under section 8(a) of this rule; or

(B) the commissioner determines that a Tier 2 notice is required.

(3) Exceedance of the fluoride secondary maximum contaminant level (SMCL) as required under section 13 of this rule.

(4) Availability of unregulated contaminant monitoring results as required under section 14.5 of this rule.

(5) Reporting and record keeping violations under 40 CFR 141, Subpart Y*.

(b) Tier 3 public notice needs to be provided as follows:

(1) A PWS must provide the public notice not later than one (1) year after the PWS learns of the violation or situation. Following the initial notice, the PWS must repeat the notice annually for as long as the violation or other situation persists. If the public notice is posted, the notice must remain in place for as long as the violation or other situation persists, but in no case less than seven (7) days even if the violation or situation is resolved.

(2) Instead of individual Tier 3 public notices, a PWS may use an annual report detailing all violations and situations that occurred during the previous twelve (12) months, as long as the timing requirements of subdivision (1) are met.

(c) A PWS must provide the initial 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 it must, at a minimum, meet the following requirements:

(1) Unless directed otherwise by the commissioner in writing, a CWS must provide notice by the following methods:

(A) Mail or other direct delivery to the following:

(i) Each customer receiving a bill.

(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). These persons may include those who do not pay water bills or do not have service connection addresses, such as 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 either of the following:

(AA) Apartment building owners.

(BB) Large private employers.

(iii) Posting in public places or on the Internet.

(iv) Delivery to community organizations.

(2) Unless directed otherwise by the commissioner in writing, an NCWS must provide notice by the following methods:

(A) Posting the notice in conspicuous locations throughout the distribution system frequented by persons served by the NCWS, or by mail or direct delivery to each customer and service connection if known.

(B) 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 item (i). The persons to be reached may include those who may not see a posted notice because the notice is not in a location they routinely pass by. Other methods may include any of the following:

(i) Publication in a local newspaper or newsletter distributed to customers.

(ii) Use of e-mail to notify employees or students.

(iii) Delivery of multiple copies in central locations such as community centers.

(d) For a CWS, the consumer confidence report (CCR) required under sections 1 through 6 of this rule may be used as a vehicle for the initial Tier 3 public notice and all required repeat notices as long as:

(1) the CCR is provided to persons served not later than twelve (12) months after the CWS learns of the violation or situation as required in this section;

(2) the Tier 3 notice contained in the CCR follows the content requirements under section 11 of this rule; and

(3) the CCR is distributed following the delivery requirements under subsection (c).

*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.

Notes

327 IAC 8-2.1-10

Water Pollution Control Board; 327 IAC 8-2.1-10; filed Nov 20, 2001, 10:20 a.m.: 25 IR 1111; filed Jul 13, 2007, 11:58 a.m.: 20070808-IR-327060044FRA Filed 1/18/2017, 1:01 p.m.: 20170215-IR-327140059FRA