HISTORY

PUBLIC COMMENTS UNDER IC 13-14-9-4.5

SUMMARY/RESPONSE TO COMMENTS FROM THE SECOND COMMENT PERIOD

SUMMARY/RESPONSE TO COMMENTS RECEIVED AT THE FIRST PUBLIC HEARING

327 IAC 8-2-8; 327 IAC 8-2-24; 327 IAC 8-2.1-3; 327 IAC 8-2.1-10; 327 IAC 8-2.1-14.5; 327 IAC 8-2.1-16

If a community water system serving twenty-five (25) to one thousand (1,000) persons has no history of total coliform contamination in its current configuration and a sanitary survey conducted in the past five (5) years shows that the system is supplied solely by a protected ground water source and is free of sanitary defects, the commissioner may reduce the monitoring frequency specified in this subsection, in writing, except that in no case may the commissioner reduce the monitoring frequency to less than one (1) sample per quarter.

(1) A noncommunity water system:

must monitor each calendar quarter that the system provides water to the public, except that the commissioner may reduce this monitoring frequency, in writing, if a sanitary survey shows that the system is free of sanitary defects. Beginning June 29, 1994, the commissioner shall not reduce the monitoring frequency for a noncommunity water system using only ground water (except ground water under the direct influence of surface water, as defined in section 1(29) section 1(36) of this rule) and serving one thousand (1,000) or fewer persons to less than once per year.

(2) A noncommunity water system:

must monitor at the same frequency as a like-sized community water system, as specified in subsection (b), except the commissioner may reduce this monitoring frequency, in writing, for any month the system serves one thousand (1,000) or fewer persons. The commissioner shall not reduce the monitoring frequency to less than once per year. For systems using ground water under the direct influence of surface water, subdivision (4) applies.

(3) A noncommunity water system using surface water, in total or in part, must monitor at the same frequency as a like-sized community water system, as specified in subsection (b), regardless of the number of persons it serves.

(4) A noncommunity water system using ground water under the direct influence of surface water, as defined in section 1(29) section 1(36) of this rule, must monitor at the same frequency as a like-sized community water system specified in subsection (b). The system must begin monitoring at this frequency beginning six (6) months after the commissioner determines that the ground water is under the direct influence of surface water.

(1) uses only ground water (except ground water under the direct influence of surface water, as defined in section 1(29) section 1(36) of this rule); and

(2) serves four thousand nine hundred (4,900) persons or fewer;

may collect all required samples on a single day if they are taken from different sites.

(1) are not considered special purpose samples; and

(2) must be used to determine compliance with the MCL for total coliforms required by section 7 of this rule.

Any sample not designated as special purpose prior to before analysis by the laboratory shall be used to determine compliance with the MCL for total coliforms in section 7 of this rule.

(1) The laboratory establishes that improper sample analysis caused the total coliform-positive result.

(2) The commissioner, on the basis of the results of repeat samples collected as required by section 8.1(a) through 8.1(d) of this rule, determines that the total coliform-positive sample resulted from a domestic or other nondistribution system plumbing problem. The commissioner cannot invalidate a sample on the basis of repeat sample results unless all repeat samples collected:

For example, the commissioner cannot invalidate a total coliform-positive sample on the basis of repeat samples if all the repeat samples are total coliform-negative or if the public water system has only one (1) service connection.

(3) The commissioner has substantial grounds to believe that a total coliform-positive result is due to a circumstance or condition which that does not reflect water quality in the distribution system. In this case, the system must still collect all repeat samples required by section 8.1(a) through 8.1(d) of this rule and use them to determine compliance with the MCL for total coliforms in section 7 of this rule. To invalidate a total coliform-positive sample under this subsection, the decision must be documented, in writing, and approved and signed by the supervisor of the state official who recommended the decision. The commissioner must make this document available to EPA and the public. The written documentation must state the following:

The commissioner may not invalidate a total coliform-positive sample solely on the grounds that all repeat samples are total coliform-negative.

(4) A laboratory must invalidate a total coliform sample, unless total coliforms are detected, if the sample:

If a laboratory invalidates a sample because of such interference, the system must collect another sample from the same location as the original sample within twenty-four (24) hours of being notified of the interference problem and have it analyzed for the presence of total coliforms. The system must continue to resample within twenty-four (24) hours and have the samples analyzed until it obtains a valid result. The commissioner may waive the twenty-four (24) hour time limit on a case-by-case basis.

(1) meet all national primary drinking water regulations; and

(2) be of acceptable quality similar to water distributed by a central treatment plant meeting the maximum contaminant level.

Monitoring must include physical measurements and observations.

(1) The commissioner shall require:

of all point-of-entry devices.

(2) The design and application of the point-of-entry devices must consider the tendency for increase in heterotrophic bacteria concentrations in water treated with activated carbon. It may be necessary to use:

to ensure that the microbiological safety of the water is not compromised.

(1) The source or sources of water delivered by the CWS by including information on the following:

(2) If a source water assessment has been completed, the report must notify the consumers of the availability of this information and the means to obtain it. In addition, systems are encouraged to highlight in the report significant sources of contamination in the source water area if they have readily available information. Where a system has received a source water assessment from the commissioner, the report must include a brief summary of the system's susceptibility to potential sources of contamination, using language provided by the commissioner or written by the operator.

(1) "Maximum contaminant level" or "MCL" means the highest level of a contaminant that is allowed in drinking water. MCLs are set as close to the MCLGs as feasible using the best available treatment technology.

(2) "Maximum contaminant level goal" or "MCLG" means the level of a contaminant in drinking water below which there is no known or expected risk to health. MCLGs allow for a margin of safety.

(1) "Action level" means the concentration of a contaminant that, if exceeded, triggers treatment or other requirements that a water system shall follow.

(2) "Maximum residual disinfectant level" or "MRDL" means the highest level of a disinfectant allowed in drinking water. There is convincing evidence that addition of a disinfectant is necessary for control of microbial contaminants.

(3) "Maximum residual disinfectant level goal" or "MRDLG" means the level of a drinking water disinfectant below which there is no known or expected risk to health. MRDLG does not reflect the benefits of the use of disinfectants to control microbial contaminants.

(4) "Treatment technique" means a required process intended to reduce the level of a contaminant in drinking water.

(1) Contaminants subject to an MCL, action level, or treatment technique, hereafter referred to as regulated contaminants.

(2) Disinfection byproducts or microbial contaminants for which monitoring is required by 40 CFR 141.142* and 40 CFR 141.143*, except as provided in subsection (f)(1) and that are detected in the finished water.

(3) Contaminants for which monitoring is required by 40 CFR 141.40* (unregulated contaminants).

(3) (4) The data relating to these contaminants must be displayed in one (1) table or in several adjacent tables. Any additional monitoring results that a CWS chooses to include in its report must be displayed separately.

(4) (5) The data must be derived from data collected to comply with EPA and department monitoring and analytical requirements during calendar year 1998 for the first report and subsequent calendar years thereafter, except the following:

(5) (6) For detected regulated contaminants listed in section 6(a) of this rule, the table or tables must contain the following information:

(6) (7) If a CWS distributes water to its customers from multiple hydraulically independent distribution systems that are fed by different raw water sources:

(7) (8) The table must clearly identify any data indicating violations of MCLs or treatment techniques, and the report must contain a clear and readily understandable explanation of the violation, including the following:

To describe the potential health effects, the system shall use the relevant language of section 6(c) of this rule.

(8) (9) For detected unregulated contaminants for which monitoring is required (except Cryptosporidium), the table must contain the average and range at which the contaminant was detected. The report may include a brief explanation of the reasons for monitoring for unregulated contaminants.

(1) If the system has performed any monitoring for Cryptosporidium, including monitoring performed to satisfy the requirements of 40 CFR 141.143*, that indicates Cryptosporidium may be present in the source water or the finished water, the report must include the following:

(2) If the system has performed any monitoring for radon that indicates radon may be present in the finished water, the report must include the following:

(3) If the system has performed additional monitoring that indicates the presence of other contaminants in the finished water, the commissioner strongly encourages systems to report any results that may indicate a health concern. To determine if results may indicate a health concern, the commissioner recommends that systems find out if EPA has proposed a national primary drinking water regulation (NPDWR) or issued a health advisory for that contaminant by calling the Safe Drinking Water Hotline at (800) 426-4791. The commissioner and EPA consider levels detected above a proposed federal or state MCL or health advisory level to indicate possible health concerns. For such contaminants, the commissioner recommends that the report includes the following:

(1) Monitoring and reporting of compliance data.

(2) Filtration and disinfection prescribed by 327 IAC 8-2-8.5 and 327 IAC 8-2-8.6. For systems that have:

the report must include the following language as part of the explanation of potential health effects, "inadequately treated water may contain disease-causing organisms. These organisms include bacteria, viruses, and parasites that can cause symptoms such as nausea, cramps, diarrhea, and associated headaches.".

(3) Lead and copper control requirements prescribed by 327 IAC 8-2-36 through 327 IAC 8-2-47. For systems that fail to take one (1) or more actions prescribed by 327 IAC 8-2-36(d) or 327 IAC 8-2-40 through 327 IAC 8-2-43, the report must include the applicable language from section 6(c) of this rule for lead or copper, or both.

(4) Treatment techniques for acrylamide and epichlorohydrin prescribed by 327 IAC 8-2-35. For systems that violate 327 IAC 8-2-35, the report shall include the relevant language from section 6(c) of this rule.

(5) Record keeping of compliance data.

(6) Special monitoring requirements prescribed by 327 IAC 8-2-21.

(7) Violation of the terms of an administrative or judicial order.

(1) A brief explanation regarding contaminants that may reasonably be expected to be found in drinking water, including bottled water. This explanation may include the language in clauses (A) through (C), or systems may use their own comparable language. The report must also include the language of clause (D). The language is as follows:

(2) The telephone number of the owner, operator, or designee of the CWS as a source of additional information concerning the report.

(3) In communities with a large proportion of non-English speaking residents, in which twenty percent (20%) or more of the residents speak the same language other than English, the report must contain:

(4) The report must include information about opportunities for public participation in decisions that may affect the quality of water. This information may include, but is not limited to, the time and place of regularly scheduled board meetings.

(5) The systems may include such any additional information as they deem necessary for public education consistent with, and not detracting from, the purpose of the report.

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

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

(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.

(1) Public water systems must provide the public notice not later than one (1) year after the public water system learns of the violation or situation. Following the initial notice, the public water system 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 public water system 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.

(1) Unless directed otherwise by the commissioner in writing, community water systems must provide notice by the following methods:

(2) Unless directed otherwise by the commissioner in writing, noncommunity water systems must provide notice by the following methods:

(1) the CCR is provided to persons served no not later than twelve (12) months after the system 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).

(1) identify a person; and

(2) provide the telephone number;

to contact for information on the monitoring results.

(1) Violations and other situations not listed in Table 16 in subsection (a), such as reporting violations and failure to prepare the consumer confidence report do not require notice, unless otherwise determined by the commissioner. The commissioner may at their option, also require a more stringent public notice tier, such as:

for specific violations and situations listed in Table 16 in subsection (a).

(2) Failure to test for fecal coliform or E. coli is a Tier 1 violation if testing is not done after any repeat sample tests positive for coliform. All other total coliform monitoring and testing procedure violations are Tier 3.

(3) Systems with treatment technique violations involving a single exceedance of maximum turbidity limit under the:

are required to initiate consultation with the commissioner within twenty-four (24) hours after learning of the violation. Based on this consultation, the commissioner may subsequently decide to elevate the violation to Tier 1. If a system is unable to make contact with the commissioner in the twenty-four (24) hour period, the violation is automatically elevated to Tier 1.

(4) Failure to take a confirmation sample within twenty-four (24) hours for nitrate or nitrite after an initial sample exceeds the MCL is a Tier 1 Violation. Other monitoring violations for nitrate are Tier 3.

(5) Other waterborne emergencies require a Tier 1 public notice under section 8(a) of this rule for situations that do not meet the definition of a waterborne disease outbreak given in 327 IAC 8-2-1, but that still have the potential to have serious adverse effects on health as a result of short term exposure. These waterborne emergencies could include outbreaks not related to treatment deficiencies, as well as situations that have the potential to cause outbreaks, such as any of the following:

(6) The commissioner may place other situations in any tier believed appropriate, based on threat to public health.