in-20251224-IR-327240428FRA: DRINKING WATER REFERENCE UPDATES; LEAD AND COPPER

TITLE 327 WATER POLLUTION CONTROL DIVISION Final Rule LSA Document #24-428 DIGEST DRINKING WATER REFERENCE UPDATES; LEAD AND COPPER Adds, amends, and repeals rules at 327 IAC 8 concerning updates to the lead and copper National Primary Drinking Water Regulations at 40 CFR 141; the references to the Recommended Standards for Water Works, also known as the Ten States Standards; the American Water Works Association (AWWA) and American Society for Testing and Materials (ASTM) standards; and existing federal language in the state rule by replacing it with incorporations by reference of the federal rules for all drinking water standards. Effective 30 days after filing with the publisher. HISTORY Notice of First Public Comment Period: 20241113-IR-327240428FNA Regulatory Analysis submitted with Notice of First Public Comment Period: 20241113-IR-327240428RAA Date of First Hearing: March 12, 2025 Notice of Second Comment Period: 20250430-IR-327240428SNA One Year Requirement: 20250618-IR-327240428ARA Notice of Additional Comment Period: 20250820-IR-327240428APA Regulatory Analysis submitted with Notice of First Public Comment Period: 20250820-IR-327240428RAA Date of Second Hearing: October 16, 2025 CITATIONS AFFECTED: 327 IAC 8 SUMMARY/RESPONSE TO COMMENTS FROM FIRST PUBLIC COMMENT PERIOD IDEM requested public comment from November 13, 2024, through December 13, 2024. IDEM received no comments in response to the Notice of First Public Comment Period. SUMMARY/RESPONSE TO COMMENTS FROM FIRST PUBLIC HEARING On March 12, 2025, the Environmental Rules Board (board) conducted the first public hearing/board meeting concerning the development of amendments to 327 IAC 8. IDEM received no comments during the first public hearing. SUMMARY/RESPONSE TO COMMENTS FROM SECOND PUBLIC COMMENT PERIOD IDEM requested public comment from April 30, 2025, through May 30, 2025. IDEM received comments from the following party by the comment period deadline: United States Environmental Protection Agency (U.S. EPA) The comments received and IDEM's responses to the comments are summarized as follows: U.S. EPA identified stringency concerns and provided the following comments on the draft rulemaking: On January 16, 2025, U.S. EPA provided IDEM with an abbreviated crosswalk that included suggested revisions to the proposed rule including incorporation by reference citation corrections, definition clarifications, correction of the list of exclusions, and other changes as summarized below. SUMMARY/RESPONSE TO COMMENTS FROM SECOND PUBLIC HEARING On October 16, 2025, the Environmental Rules Board (board) conducted the second public hearing/board meeting concerning the development of amendments to 327 IAC 8. IDEM received no comments during the second public hearing. FINAL RULE Sec. 3. In addition to the definitions in IC 13-11-2, the following definitions apply throughout this rule: *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, IN 46204. Sec. 1. (a) A public water system must comply with the primary drinking water regulations in 40 CFR 141.1 through 141.861*, as amended by 89 FR 5773*, and this article. (b) Unless otherwise indicated, any reference to a provision of the Code of Federal Regulations (CFR) means the July 1, 2024, edition*. *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, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, IN 46204. Sec. 1.1. Between October 30, 2024, and November 1, 2027, community water systems and nontransient noncommunity water systems must comply with the following provisions of the CFR instead of the lead and copper provisions incorporated by reference under section 1 of this rule: *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, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, IN 46204. Sec. 2. (a) The following are deletions to federal regulations in 40 CFR 141 for public water systems (PWSs): (b) The use of unfiltered water systems referenced in 40 CFR 141 is prohibited. Sec. 3. (a) Unless otherwise indicated, the definitions in the following apply to this article: (b) In addition to subsection (a), the following definitions apply to this article: *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, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, IN 46204. Sec. 1. (a) In addition to the sanitary survey requirements in 40 CFR 141.21* and 40 CFR 141.401*, the requirements of this section must be conducted as follows: (b) Until March 31, 2016, the commissioner shall review the results of each sanitary survey to determine: (c) Beginning April 1, 2016, the requirements under 40 CFR 141, Subpart Y* apply to conducting and reviewing a sanitary survey. (d) In conducting a sanitary survey of a PWS using ground water after the commissioner approves a wellhead protection program under 327 IAC 8-4.1, information on sources of contamination within the delineated wellhead protection area that was collected while developing and implementing the program must be considered instead of collecting new information if the existing information was collected since the last time the PWS using ground water was subject to a sanitary survey. (e) Sanitary surveys must be performed by the commissioner or an agent approved by the commissioner. The PWS shall ensure that the: (f) The commissioner shall evaluate each PWS during a sanitary survey in accordance with this section and federal regulations incorporated by reference in 327 IAC 8-2.7 to determine if deficiencies exist. Deficiencies include the following: (g) The following may be classified as significant deficiencies: (h) Subpart H systems shall respond in writing to any deficiency found during a sanitary survey and reported to the Subpart H system by the commissioner. Response requirements are as follows: (i) A PWS using ground water shall respond in writing to any deficiency found during a sanitary survey that is reported to the PWS using ground water by the commissioner. Response requirements are as follows: (j) If a comprehensive performance evaluation is required under 40 CFR 141.563*, the PWS shall implement any follow-up recommendations that result as part of the program. (k) The commissioner may require a shorter time frame than required by this section for response or addressing deficiencies if the commissioner determines the deficiency poses an immediate health risk. *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, IN 46204. Sec. 1. In addition to the definitions in IC 13-11-2 and 327 IAC 8-1, the following definitions apply throughout this rule: Sec. 2. (a) No person shall A person shall not cause or allow the construction, installation, or modification of any facility, equipment, or device for any public water system a PWS without having a valid construction permit issued by the commissioner, except for replacement of equipment of similar design and capacity, none of which will change adversely: or where specifically allowed in section 2.1 of this rule. (b) After the commissioner has granted a construction permit: (c) The commissioner shall have has the authority to specify in the permit any limits and conditions necessary to meet the issuance requirements of section 4 of this rule. (d) The commissioner may revoke any construction permit for either of the following reasons: (e) The commissioner may issue construction permits for public water system PWS facilities, equipment, or devices that are to be installed or constructed in stages. These construction permits may allow site preparation or foundation construction to begin where the following conditions have been met: phases. (f) In order To encourage the development of new or more efficient treatment processes, the following type types of construction permits may be issued: (g) For an emergency condition, as a result of a drought, storm, flood, or other natural or manmade disaster, The commissioner may issue an emergency construction permit for an emergency condition that is the result of: (h) The following requirements apply to an after-the-fact construction permit: must be obtained Sec. 4. The commissioner may deny the an application for any a permit required by this rule unless the applicant submits evidence that the following issuance requirements are met: *This document is incorporated by reference. Copies may be obtained from Minnesota Government Publications, 2980 Commers Drive, Suite 500, Eagan, MN 55121 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, IN 46204. **These documents are incorporated by reference. The version incorporated by reference is the version in effect as of December 31, 2023. Copies may be obtained from the American Water Works Association, 6666 West Quincy Avenue, Denver, CO 80235 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, IN 46204. Sec. 2. (a) The plans for a water main extension are not required to be submitted to any state agency for a permit, permission, or review, unless required by the federal law, if the following are met: (b) The proposed construction of a water main must be in accordance with the following: (c) The other requirements specified in rules that have been adopted by the board and must be adhered to in the permitting of A permit for a public water main include must comply with the following: (d) Units, as defined in IC 36-1-2-23, shall notify the commissioner of all public water main construction permits that the unit has issued by submitting submit to the department, on the effective date of the permit, a copy of each issued permit for public water main construction. Each submission must contain the following information for each issued permit: (e) The commissioner may approve alternatives to the notification procedure described in subsection (d) if requested. The alternative notification procedure must provide equivalent information to that required under subsection (d) to be considered for approval. *Copies of these publications 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 IN 46204. Sec. 8. (a) All piping, accessories, and other materials in a water main shall must conform to 327 IAC 8-1 and 40 CFR 143.12(a)*, contain not more than eight percent (8%) by mass lead for water supply pipe and fittings, contain not more than twenty-five hundredths percent (0.25%) weighted average lead content for drinking water pipe and fittings, and conform to the following applicable standards: (b) All water mains installed in areas of ground water contamination, consisting of solvent, petroleum, or other volatile or semivolatile organic compounds, shall must be constructed with nonpermeable piping and accessories. (c) Piping and accessories previously used exclusively for water mains may be reused if the piping or accessories: (d) All connections between pipes shall must have mechanical joints or slip-on joints with rubber gaskets, with the exception of: (e) Water mains constructed with PVC and installed under existing or proposed roadways and railroads shall must be cased in conformance with AWWA Standard C900-97 or AWWA Standard C905-97 C900-22 Polyvinyl Chloride (PVC) Pressure Pipe and Fabricated Fittings (4 In. through 60 In. or 100 mm through 1,500 mm) *. (f) Water mains that are cased shall must conform to AWWA Standard C600-99 C600-17*. (g) Water mains constructed with nonmetallic materials must be equipped with tracing wire or other metallic identification equipment. *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, IN 46204. **These documents are incorporated by reference. The version incorporated by reference is the version in effect as of December 31, 2023. Copies may be obtained from the American Water Works Association, 6666 West Quincy Avenue, Denver, CO 80235 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, IN 46204. ***These documents are incorporated by reference. Copies of this standard may be obtained from the American Water Works Association, 6666 West Quincy Avenue, Denver, CO 80235 or from the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, Thirteenth Floor, 100 North Senate Avenue, Indianapolis, IN 46204. Sec. 17. (a) All water mains and their accessories shall must be installed and pressure and leak tested in accordance with the applicable provisions of one (1) of the following: If an AWWA Standard is not available for the particular installation, the manufacturers recommended installation procedure shall must be followed. (b) Continuous and uniform bedding shall must be provided in the trench for all buried pipe. Backfill material shall must be tamped in layers around the pipe and to a sufficient height above the pipe to adequately support and protect the pipe. All Stones unable to that cannot pass through a U.S. Standard Sieve opening of two (2) inches that are found in the trench within six (6) inches of the outside edge of the pipe shall must be removed. (c) All necessary reaction blocking, tie rods, or joints designed to prevent movement for pipes and fittings, regardless of material type, at tees, bends, plugs, and hydrants shall must be installed to prevent movement in conformance with AWWA Standard C600-99 C600-17*. (d) Water mains shall must be covered with earthen cover in accordance with the following: Depth of Cover Requirements for Water Mains County Cover[1] (in) Adams 60 Allen 60 Bartholomew 48 Benton 60 Blackford 60 Boone 54 Brown 48 Carroll 60 Cass 60 Clark 36 Clay 54 Clinton 54 Crawford 36 Daviess 48 Dearborn 48 Decatur 48 DeKalb 60 Delaware 60 Dubois 42 Elkhart 60 Fayette 54 Floyd 36 Fountain 60 Franklin 48 Fulton 60 Gibson 42 Grant 60 Greene 54 Hamilton 54 Hancock 54 Harrison 36 Hendricks 54 Henry 54 Howard 60 Huntington 60 Jackson 48 Jasper 60 Jay 60 Jefferson 42 Jennings 48 Johnson 54 Knox 48 Kosciusko 60 LaGrange 60 Lake 60 LaPorte 60 Lawrence 48 Madison 60 Marion 54 Marshall 60 Martin 48 Miami 60 Monroe 48 Montgomery 60 Morgan 48 Newton 60 Noble 60 Ohio 42 Orange 42 Owen 54 Parke 60 Perry 36 Pike 42 Porter 60 Posey 42 Pulaski 60 Putnam 54 Randolph 54 Ripley 48 Rush 54 St. Joseph 60 Scott 36 Shelby 54 Spencer 36 Starke 60 Steuben 60 Sullivan 54 Switzerland 42 Tippecanoe 60 Tipton 60 Union 48 Vanderburgh 36 Vermillion 60 Vigo 60 Wabash 60 Warren 60 Warrick 36 Washington 36 Wayne 54 Wells 60 White 60 Whitley 60 [1] (e) The cover dimension is measured from the top of pipe to the proposed finish grade. *These documents are incorporated by reference. The version incorporated by reference is the version in effect as of December 31, 2023. Copies may be obtained from the American Water Works Association, 6666 West Quincy Avenue, Denver, CO 80235 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, IN 46204. Sec. 18. (a) All new, cleaned, or repaired water mains shall must be disinfected in accordance with C651-99 C651-14 AWWA Standard for Disinfecting Water Mains*. (b) All Chlorinated water shall must be disposed of by either disposal to a: (c) All Laboratory reports documenting the conformance with AWWA Standard C651-99, Section 7 shall C651-14, Section 5* must be submitted to the commissioner before the water main is brought into service. The laboratory used shall must be approved by the commissioner. The laboratory report presenting the sample results shall must be sent to the commissioner within ten (10) working days of receipt after receiving the report from the laboratory. The laboratory results shall must have the commissioner's assigned permit number marked on the upper right hand corner of the top page. Sec. 3. (a) A public water system's PWS's daily capacity shall be is determined by adding together the production capacity determined under subsection (b) and the purchased purchase capacity, if any, determined under subsection (c). (b) The production capacity is the lesser of the following amounts: (c) A public water system PWS that supplements its own capacity by purchasing water may add the amount of the purchase capacity to the public water system PWS daily capacity. The purchase capacity is one (1) of the following amounts: Sec. 4. (a) All school buildings and related facilities shall must be supplied with safe, potable water from an approved source and an approved water distribution system. (b) The drinking water for school buildings and related facilities shall must be supplied at the flow rate and pressure required by 327 IAC 8-3.2-11, at the quality required by 327 IAC 8-2 327 IAC 8-2.7, and in accordance with the following: (c) A connection to a public water system shall PWS must be made with its potable water used exclusively wherever the system is available or becomes available within a reasonable distance from the school facility, with the exception that nonpotable sources of water are available and may be utilized for the following nonpotable activities: (d) Where a community public water system PWS is not available, a properly located and constructed private water supply shall must be provided. Beginning on the effective date of this rule May 1, 1999, all new and modified public water systems PWSs exclusively serving schools and related facilities shall must be equipped with a backup system capable of providing drinking water in accordance with subsection (b). (e) Well pumps, pressure tanks, storage tanks, treatment facilities, and piping shall must be sized to meet peak daily consumer demands. The minimum usable capacity of the pressure tank, in gallons, shall must be three (3) times the installed well pump capacity in gallons per minute. For example, a pump of thirty (30) gallons per minute capacity would require a pressure tank of ninety (90) gallons usable capacity. If the well or pump cannot meet peak demands, sufficient additional usable storage capacity shall must be provided to meet peak demands. (f) Each school building or addition to a school building may have a potable water supply where necessary to provide adequate service. However, where at least two (2) or more school potable water supply systems are located on the same site, the water supply systems shall must be sufficiently interconnected to allow for the maximum possible utilization of each should a system fail. (g) Unless lower water system demands can be documented to the satisfaction of the commissioner, all school buildings and additions to school buildings constructed after February 17, 1985, shall must have a water supply system capable of furnishing a minimum of: at least: Sec. 9. A public water system shall PWS must comply with the following provisions for the separation of a production well from a potential or an existing source of contamination or damage, except replacement wells as allowed under section 9.1 of this rule: Table 9-1 Sanitary Setback Radius Provisions (Linear Feet Measured from the Outside Edge of the Well Casing) Public Water System PWS Type Sanitary Setback Radius Well Subjected to Automatic Disinfection1 Favorable Hydrogeologic Conditions are Present2 Community 200 100 100 Noncommunity greater than or equal to 70 gpm3 200 100 100 Noncommunity, Susceptible Populations4 200 100 100 Noncommunity, Nonsusceptible, less than 70 gpm3 100 100 100 1 Automatic disinfection as described in subdivision (2). 2 Favorable hydrogeologic conditions as described in subdivision (3). 3 70 gallons per minute (gpm) as measured per pump (rated capacity). 4 Schools, correctional facilities, health care facilities, and agricultural labor camps. *The federal Safe Drinking Water Act is *These documents are incorporated by reference. Copies of this law may be obtained from the Superintendent of Documents, Government Printing Publishing Office, Washington, D.C. 20402 or from the www.gpo.gov, or are available for review at the Indiana Department of Environmental Management, Office of Water Quality Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Room N1255 Thirteenth Floor, Indianapolis, Indiana IN 46204. **The Safe Drinking Water Act, 42 U.S.C. 300f et seq., as amended August 6, 1996, can be found at https://www.govinfo.gov/app/collection/uscode/1996/title42/chapter6. Sec. 10. (a) A new public water supply system PWS production well must have capacity to meet the pressure and flowrate demands of the system as calculated in section 12 of this rule. (b) A public water supply system PWS production well that is equipped with a well screen shall must: (c) A public water supply system PWS production well shall must be evaluated to determine whether it is under the direct influence of surface water as required under 327 IAC 8-2-8.5(b). 40 CFR 141.72*. *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, IN 46204. Sec. 23. This section governs Grouting materials and the installation of grouting materials as follows must comply with the following: *This document is incorporated by reference. Notwithstanding language to the contrary in the primarily incorporated documents, the versions of all secondarily incorporated documents, which are those documents referred to in the primarily incorporated documents, shall be the versions in effect on the date of final adoption of this rule. Copies of this standard may be obtained from the American Society for Testing and Materials, 1916 Race Street, Philadelphia, Pennsylvania PA 19103 or from the Indiana Department of Environmental Management, Office of Water Quality, Indiana Government Center North, 100 North Senate Avenue, Room N1255, Indianapolis, Indiana IN 46204. **This document is incorporated by reference. Notwithstanding language to the contrary in the primarily incorporated documents, the versions of all secondarily incorporated documents, which are those documents referred to in the primarily incorporated documents, shall be the versions in effect on the date of final adoption of the primarily incorporated document. Copies of this standard may be obtained from the American Water Works Association, 6666 West Quincy Avenue, Denver, Colorado CO 80235 or from the Indiana Department of Environmental Management, Office of Water Quality Legal Counsel, Indiana Government Center North, Thirteenth Floor, 100 North Senate Avenue, Room N1255, Indianapolis, Indiana IN 46204. Sec. 24. (a) The disinfection procedures described in this section shall must be performed with one (1) of the following approved forms of chlorine: (b) Gravel installed in a new production well must be chlorinated by use of the following method: (c) Immediately before placement in the void caused by settled gravel in a well, replacement gravel shall must be soaked in a chlorine solution of at least fifty (50) mg/l for a duration not less than thirty (30) minutes during initial construction or subsequent repairs. (d) Permanent equipment and material used in a production well shall must be chlorinated before installation by spraying exposed areas with a solution containing a chlorine residual of not less than two hundred (200) mg/l. (e) A new or modified well proposed to be a production well shall must be chlorinated in accordance with one (1) of the following: The following table demonstrates the amount of chemical compound disinfectant needed for chlorination of wells: Table 24-1 Amount of Chemical Compound Disinfectant Needed for Chlorination of Wells Well-Hole or Well Casing Diameter (in.) Volume per 100 Feet of Water Depth (gal) Calcium Hypochlorite1 (65 percent available Cl2) Sodium Hypochlorite2 (12 trade percent‡) 5 106.09 1.1 oz 5.65 fl oz 6 146.9 1.5 oz 7.8 fl oz 8 261.1 2.7 oz 13.9 fl oz 10 408.0 4.2 oz 1.4 pt 12 587.5 6.0 oz 2.0 pt 16 1,044.0 10.7 oz 3.5 pt 20 1,632.0 1 lb 1 oz 0.7 gal 24 2,350.0 1 lb 8 oz 1.0 gal 30 3,672.0 2 lb 6 oz 1.5 gal 36 5,287.0 3 lb 6 oz 2.2 gal 48 9,400.0 6 lb 1 oz 3.9 gal 60 11,690.0 9 lb 7 oz 6.1 gal Notes: 1Quantities of Ca (OCl)2 based on 65 percent (65%) available chlorine by dry weight (16 oz = 1 lb). 2Quantities of NaOCl based on 12 trade percent available chlorine by U.S. liquid measure (1 gal = 4 qt = 8 pt = 128 fl oz). ‡"Trade percent" is a term used by chlorine manufacturers; trade percent × 10 = grams of available chlorine in 1 liter of solution. (f) After disinfection is accomplished in accordance with subsection (e), a new or modified public water system PWS production well and a flowing well shall must be sampled for the presence of coliform at least twice, with sampling done not less than twenty-four (24) hours apart, by a laborat+ory laboratory certified by the Indiana state department of health or the United States Environmental Protection Agency using methods specified in 327 IAC 8-2-8.7 40 CFR 141.21*. If the presence of coliform is indicated by the sample results, the disinfection of the well shall must be repeated. (g) Disposal of chlorinated water from well disinfection shall must be to one (1) of the following: sources: *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, IN 46204. Sec. 25. (a) The following information must be submitted to the commissioner before a new or modified production well is placed into production: (b) The commissioner may modify or revoke a construction permit based on the information submitted under subsection (a) in accordance with IC 13-18-16-2. *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, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, IN 46204. Sec. 5. (a) The proposed water main extension must meet the issuance requirements of 327 IAC 8-3-4. (b) A copy of the NOI, all documentation supporting the project, plans, and specifications must be submitted by the NOI applicant to the public water system PWS before the commencement of the water main construction. (c) All documentation supporting the project must be readily accessible for review and copying for the duration of water main construction activities. In addition, a copy of the plans conforming to 327 IAC 8-3.2-5(c) and specifications must be available in accordance with the following: (d) Persons A person in violation of this rule shall take all the reasonable steps to correct any adverse impact on the public health resulting from their the noncompliance. (e) Nothing in this rule shall be construed to relieve anyone from any responsibility, liability, or penalty to which they are or may be subject to under the local, state, or federal laws and regulations. (f) Responsible persons identified by and regulated by this rule shall must ensure that the construction to the public water system PWS achieves compliance with the terms and conditions of this rule. (g) During construction, where the: (g) During construction, if any of the following entities or persons discover a failure to submit any relevant facts or that incorrect information has been submitted in an NOI, the entity or person shall submit the missing facts or corrected information to the commissioner within thirty (30) days, by any of the entities or persons, in writing, using certified mail at the address on the NOI form, or by email as soon as possible and not later than seven (7) days after discovery: (h) The design and construction of the water main must meet all technical standards in 327 IAC 8-3.2, or, if any alternate technical standards are proposed for the project, the alternate technical standard must be approved by the commissioner in accordance with 327 IAC 8-3.2-20, and a copy of this approval must be submitted with the NOI. (i) All nonresidential service connections must be equipped with a meter, and the size of the meter must be specified on the plans and specification of the water main. The metering devices must not be capable of exceeding the corresponding "Safe Maximum Operating Capacity" as specified on Table 1 of the following: (j) At a peak flow rate equal to the peak daily customer demand as determined in subsection (k), the normal operating pressure in the water main shall must not be less than twenty (20) pounds per square inch at the ground level at all points in the water main under all conditions of flow when demonstrated in conformance with subsection (l). (k) For use in this section, the peak flow rate is equal to the sum of subdivisions (1) and (2) defined as follows: (l) The conformance Compliance with subsection (j) must be demonstrated with the use of a computer model or with hydraulic calculations, which must be included with the documentation supporting the project, that which are to be readily accessible in accordance with subsection (c) and at the public water system PWS in accordance with subsection (b). (m) Persons in violation of this rule are subject to enforcement and legal action under IC 13-30. *These documents are incorporated by reference. The version incorporated by reference is the version in effect as of December 31, 2023. Copies may be obtained from the American Water Works Association, 6666 West Quincy Avenue, Denver, CO 80235 or from the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, Thirteenth Floor, 100 North Senate Avenue, Indianapolis, IN 46204. Sec. 4. (a) A water system PWS management plan shall must provide the following technical capacity information: (b) The technical capacity information required by subsection (a) shall: must meet the following requirements: *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, IN 46204. **This document is incorporated by reference. Notwithstanding language to the contrary in the primarily incorporated documents, the versions of all secondarily incorporated documents, which are those documents referred to in the primarily incorporated documents, shall be the versions in effect on the date of final adoption of the primarily incorporated document. The version incorporated by reference is the version in effect as of December 31, 2023. Copies of this publication may be obtained from the American Water Works Association, 6666 West Quincy Avenue, Denver, Colorado CO 80235 or from are available for review at the Indiana Department of Environmental Management, Office of Water Quality, Legal Counsel, Indiana Government Center North, Thirteenth Floor, 100 North Senate Avenue, Room N1255, Indianapolis, Indiana IN 46204. ***This document is incorporated by reference. Notwithstanding language to the contrary in the primarily incorporated documents, the versions of all secondarily incorporated documents, which are those documents referred to in the primarily incorporated documents, shall be the versions in effect on the date of final adoption of the primarily incorporated document. Copies of this publication may be obtained from Health Education Services, P.O. Box 7126, Albany, New York 12224 Minnesota Government Publications, 2980 Commers Drive, Suite 500, Eagan, MN 55121 or from are available for review at the Indiana Department of Environmental Management, Office of Water Quality, Legal Counsel, Indiana Government Center North, Thirteenth Floor, 100 North Senate Avenue, Room N1255, Indianapolis, Indiana IN 46204. Sec. 2. (a) Construction at a noncommunity public water system serving two hundred fifty (250) or fewer individuals must be in accordance comply with section 1 of this rule, 327 IAC 8-2.7-1, and 327 IAC 8-3-2.1 except as allowed in subsections (b) and (c). (b) Construction for the following items, if not installed to meet the requirements of 327 IAC 8-2, 327 IAC 8-2.5, or 327 IAC 8-2.6 327 IAC 8-2.7, are not required to obtain a permit: (c) A noncommunity public water system serving two hundred fifty (250) or fewer individuals may proceed with construction of items listed in subsection (b) without meeting the requirements of section 1 of this rule, provided the following criteria are met: Any construction must be designed and operated to meet the requirements of 327 IAC 8-6. Sec. 1. In addition to the definition in IC 13-11-2-43, the following definitions apply throughout this rule: Sec. 8. To have Phase I of a WHPP approved by the department, a CPWSS must submit the following material as prescribed described in section 16 of this rule: Sec. 13. (a) All CPWSSs subject to this rule must receive approval for a new well site and shall submit the following: (b) Approval of a CPWSS proposed well site is dependent on the ability of each CPWSS to provide safe drinking water, as determined by the department under 327 IAC 8-2 327 IAC 8-2.7. (c) To maintain well site approval status, the CPWSS must meet the following requirements: Sec. 14. The department may deny a well site if: Sec. 15. (a) The department may approve alternate approaches to section 8(4)(A) of this rule upon a showing that water from a well or wellfield providing ground water to a CPWSS exceeds the standard for conventional ground water treatment as set forth in 327 IAC 8-2 327 IAC 8-2.7. (b) In reviewing the alternative management plan under this section, the department shall consider whether the proposed alternative management plan will result in the consistent provision of consistently providing finished water in compliance with 327 IAC 8-2 327 IAC 8-2.7. Sec. 1. (a) Whenever investigation by the commissioner shall show: the person, firm, corporation or municipality owning or operating, or both, the public water system or water treatment works, upon receipt of an official order from the commission, shall proceed within such time as is therein provided to carry out the changes, extensions, or improvements or to institute the changes in the methods of operation of the public water system or water treatment works as may be necessary to abate the conditions. Sec. 1. (a) If the commissioner determines a PWS, water treatment works, or part of a PWS or water treatment works is: the person, firm, corporation, or municipality owning or operating, or both, the PWS or water treatment works, after receiving an official order from the commissioner, must comply with the order to abate the conditions. (b) Any An order of the commissioner shall: (c) The official order shall must not be issued by the commissioner until an opportunity for a hearing has been given to the person, firm, corporation, or municipality owning or operating, or both, the public water system PWS or water treatment works. At which the hearing, the facts as shown by the investigation made by the commissioner shall must be presented to the person, firm, corporation, or municipality. Notice of the hearing shall must be given not less than ten (10) days before the date set for the hearing. Sec. 1. In addition to the definitions in IC 13-11-2, and 327 IAC 8-1, and 327 IAC 8-2.7-3, the following definitions apply throughout this rule: *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, IN 46204. Sec. 5. (a) Customers shall construct an air gap, or install a reduced pressure principle backflow preventer or a double check valve assembly, in accordance with section 7 of this rule, on the customer service line to: (b) Customers shall construct an air gap, or install a double check valve assembly or reduced pressure principle backflow preventer, in accordance with section 7 of this rule, for a fire sprinkler system, to prevent stagnant water from backflowing into the drinking water supply. For a fire sprinkler system with a chemical additive, customers shall install a reduced pressure principle backflow preventer to prevent the chemical additive backflowing into the drinking water supply. (c) No A secondary source of supply of a type other than those enumerated in subsections (a) and (b) shall must not be physically connected on the customer service line to or into the facility. Sec. 1. (a) All purification or treatment works producing water to be used or available for drinking purposes by the public shall must be properly and efficiently operated under the supervision of a competent operator or superintendent. (b) The commissioner may require the qualified operator or superintendent in responsible charge to attend training whenever, in the opinion of the commissioner, the training is deemed necessary for the protection of the public health. (c) Monthly reports of operation of the following system classifications must be submitted by the operator to the commissioner: (d) Reports of operation required under subsection (c) must be submitted on forms to be provided or approved by the commissioner and must include the following data, if applicable: (e) The commissioner may reduce or modify the reporting requirements for any of the items in subsection (d). (f) All Monthly reports of operation must be: *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, IN 46204. Sec. 3.5. (a) Operators of nontransient noncommunity public water systems PWSs of the following facility classifications may be granted facility specific operator (FSO) certifications: (3) (b) Noncommunity public water systems PWSs of other facility classifications may be granted FSO certifications for their classifications if the commissioner determines that the FSO applicant will adequately perform the tasks necessary for proper operation of the system. (b) (c) Operators of community public water systems PWSs serving one hundred (100) or fewer people with the following facility classifications may be granted FSO certifications: (c) (d) The following requirements must be met in order for a an FSO certification to be granted for a public water system PWS: (d) (e) An FSO certification is valid as follows: (e) (f) An FSO certification will be invalid if the classification of water treatment plant or water distribution system changes to one (1) requiring a certified operator with more extensive education or experience, such as any of the following: (f) (g) If a person granted an FSO certification fails to meet the continuing education requirements of section 7.5 of this rule within the required time set forth in subsection (d)(2), then: (e)(2): (g) (h) The commissioner may revoke an FSO certification due to failure to do any of the following: LSA Document #24-428 One Year Requirement: June 18, 2025 Notice of First Public Comment Period: November 13, 2024 Approved by Attorney General: November 20, 2025 Approved by Governor: November 20, 2025 Filed with Publisher: November 24, 2025, 9:07 a.m. Documents Incorporated by Reference: 40 CFR 141, 40 CFR 143.12(a), and 40 CFR 21, all July 1, 2024, Edition; American Water Works Association Standards C301-14(R19), C304-14(19), C651-14, C210-15, C512-15, C541-16(R21), C542-16(R21), C151/A21.51-17, C200-17, C115/A21.15-20, C214-20, C901-20, C700-20, C110/A21.10-21, C150/A21.50-21, C503-21, C560-21, C906-21, C104-22/A21.4-22, C208-22, C213-22, C215-22, C216-22, C300-22, C302-22, C900-22, C111/A21.11-23, C217-23, C218-23, C206-17, C219-17, C220-17, C303-17, C508-17, C550-17, C510-17(R21), C511-17(R21), C907-17, C600-17, C605-21, C606-22, C105/A21.5-18, C205-18, C207-18, C502-18, C507-18, C153/A21.53-19, C209-19, C500-19, C701-19, C702-19, C703-19, A100-20, C203-20, C203-20, C504-23, C509-23, and C602-23, all December 31, 2023, Edition; American Society for Testing and Materials Standards D2239-22, D2241-20, and D3350-21, all December 31, 2023, Edition; American Society for Testing and Materials Standard C150M-22, revised July 26, 2022 Small Business Regulatory Coordinator: Julie L. Rhodes, IDEM Small Business Regulatory Coordinator/CTAP Small Business Liaison, IGCN 1316, 100 North Senate Avenue, Indianapolis, IN 46204-2251, (317) 233-4477 or (800) 988-7901, ctap@idem.in.gov