(a) Authority to issue orders. The Department of Health may, in order to protect the public health and to ensure compliance with this part and other applicable rules or regulations, issue orders to public water systems requiring any one (1) or more of the following actions:
- (1) The securing of a new source;
- (2) The modification of treatment facilities;
- (3) The addition of treatment facilities;
- (4) The securing of new or additional testing equipment;
- (5) The modification or expansion of monitoring or operating procedures;
- (6) The updating and submission to the department of the system's long range plan, or the submission of other financial or technical reports requested by the department, to document the system's technical, financial, and managerial capacity to comply with the requirements of the Safe Drinking Water Act of 1974, 42 U.S.C. § 300f et seq.; and
- (7) The conducting of a comprehensive performance evaluation on the system in accordance with the protocols established by the Environmental Protection Agency.
(b) Provision of emergency water supply.
- (1) Upon determination by the Secretary of the Department of Health that a public health emergency exists, the department may order a public water system to provide water to another public water system for the duration of the emergency, provided that the receiving public water system agrees to pay a reasonable rate for the water provided.
(2) The department must make a formal determination that the supplying system:
- (A) Has excess capacity; and
- (B) Will not be harmed by the order.
(c) Compliance with department orders.
- (1) The person, firm, corporation, institution, governmental agency, or municipality owning a public water system, shall, at its own expense, comply with such orders in a reasonable length of time.
- (2) Approval of any proposed change or new construction, by the department, is required prior to initiating the change or the new construction.