327 Ind. Admin. Code 8-2.4-1

Current through January 8, 2025
Section 327 IAC 8-2.4-1 - Revised total coliform rule incorporated by reference

Authority: IC 13-13-5; IC 13-14-8; IC 13-18-3; IC 13-18-16-8; IC 13-18-16-9

Affected: IC 13-18-2; IC 13-18-16

Sec. 1.

(a) A reference to a provision of the Code of Federal Regulations (CFR) means the July 1, 2016, edition.
(b) 40 CFR 141, Subpart Y* is incorporated by reference.
(c) If a requirement incorporated by reference in subsection (b) conflicts with or is inconsistent with a requirement in 327 IAC 8-2, 327 IAC 8-2.1, 327 IAC 8-2.3, or 327 IAC 8-2.5, then the requirement incorporated by reference in subsection (b) applies.
(d) When used in 40 CFR 141, Subpart Y, as incorporated by reference under this rule, the following definitions apply:
(1) "Clean compliance history" means a record of none of the following:
(A) MCL violations under 327 IAC 8-2-7 and this rule.
(B) Monitoring violations under 327 IAC 8-2-8.3, 327 IAC 8-2-8.4, and this rule.
(C) Coliform treatment technique trigger exceedances or treatment technique violations under this rule.
(2) "Level 1 assessment" means an evaluation conducted by the PWS operator or owner to identify the possible presence of sanitary defects, defects in distribution system coliform monitoring practices, and, when possible, the likely reason that the PWS triggered the assessment. Minimum elements include the following:
(A) Review and identification of atypical events that could affect distributed water quality or indicate that distributed water quality was impaired.
(B) Changes in distribution system maintenance and operation that could affect distributed water quality, including water storage.
(C) Source and treatment considerations that, where appropriate, bear on distributed water quality, for example, whether a PWS using ground water is disinfected.
(D) Existing water quality monitoring data.
(E) Inadequacies in the following:
(i) Sample sites.
(ii) Sampling protocol.
(iii) Sample processing. The PWS must conduct the assessment consistent with any directives from the commissioner that tailor specific assessment elements with respect to the size and type of the PWS and size, type, and characteristics of the distribution system.
(3) "Level 2 assessment" means an evaluation conducted by an individual approved by the commissioner, which may include the PWS operator, to identify the possible presence of sanitary defects, defects in distribution system coliform monitoring practices, and, when possible, the likely reason that the PWS triggered the assessment. A level 2 assessment provides a more detailed examination of the PWS, including the PWS's monitoring and operational practices, than does a level 1 assessment through the use of more comprehensive investigation and review of available information, additional internal and external resources, and other relevant practices. Minimum elements include the following:
(A) Review and identification of atypical events that could affect distributed water quality or indicate that distributed water quality was impaired.
(B) Changes in distribution system maintenance and operation that could affect distributed water quality, including water storage.
(C) Source and treatment considerations that, where appropriate, bear on distributed water quality, for example, whether a PWS using ground water is disinfected.
(D) Existing water quality monitoring data.
(E) Inadequacies in the following:
(i) Sample sites.
(ii) Sampling protocol.
(iii) Sample processing. The PWS must conduct the assessment consistent with any directives from the commissioner that tailor specific assessment elements with respect to the size and type of the system and size, type, and characteristics of the distribution system. The PWS must comply with any expedited actions or additional actions required by the commissioner in the case of an E. coli MCL violation.
(4) "Primacy agency" means the department of environmental management where the department exercises primary enforcement responsibility as granted by the United States Environmental Protection Agency.
(5) "Sanitary defect" means a defect that:
(A) could provide a pathway of entry for microbial contamination into the distribution system; or
(B) is indicative of:
(i) a failure; or
(ii) an imminent failure; in a barrier that is already in place.
(6) "Seasonal system" is an NCWS that:
(A) is not operated as a PWS on a year-round basis; and
(B) starts up and shuts down at the beginning and end of each operating season.

*These documents are 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, Thirteenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204.

327 IAC 8-2.4-1

Water Pollution Control Division; 327 IAC 8-2.4-1; Filed 1/18/2017, 1:01 p.m.: 20170215-IR-327140059FRA
Filed 5/18/2018, 2:23 p.m.: 20180613-IR-327170442FRA